SB-1095, As Passed Senate, September 23, 2004
SUBSTITUTE FOR
SENATE BILL NO. 1095
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17708, 17751, and 17763 (MCL 333.17708,
333.17751, and 333.17763), sections 17708 and 17751 as amended by
1997 PA 153 and section 17763 as amended by 2004 PA 214.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 17708. (1) "Preceptor" means a pharmacist approved by
2 the board to direct the training of an intern in an approved
3 pharmacy.
4 (2) "Prescriber" means a licensed dentist, a licensed doctor
5 of medicine, a licensed doctor of osteopathic medicine and
6 surgery, a licensed doctor of podiatric medicine and surgery, a
7 licensed optometrist certified under part 174 to administer and
8 prescribe therapeutic pharmaceutical agents, a licensed
9 veterinarian, or another licensed health professional acting
1 under the delegation and using, recording, or otherwise
2 indicating the name of the delegating licensed doctor of medicine
3 or licensed doctor of osteopathic medicine and surgery.
4 (3) "Prescription" means an order for a drug or device
5 written and signed or transmitted by other means of communication
6 by a prescriber to be filled, compounded, or dispensed.
7 Prescribing is limited to a prescriber. An order transmitted in
8 other than written form shall be recorded or written and
9 immediately dated by the pharmacist, and that record constitutes
10 the original prescription. In a health facility or agency
11 licensed under article 17 or other medical institution, an order
12 for a drug or device in the patient's chart constitutes for the
13 purposes of this definition the original prescription. Subject
14 to section 17751(2), prescription includes, but is not limited
15 to, an order for a drug, not including a controlled substance as
16 defined in section 7104 except under circumstances described in
17 section 17763(g) 17763(e),
written and signed or transmitted by
18 other means of communication by a physician prescriber licensed
19 to practice in a state other than Michigan.
20 (4) "Prescription drug" means 1 or more of the following:
21 (a) A drug dispensed pursuant to a prescription.
22 (b) A drug bearing the federal legend "CAUTION: federal law
23 prohibits dispensing without prescription".
24 (c) A drug designated by the board as a drug that may only be
25 dispensed pursuant to a prescription.
26 Sec. 17751. (1) A pharmacist shall not dispense a drug
27 requiring a prescription under the federal act or a law of this
1 state except under authority of an original prescription or an
2 equivalent record of an original prescription approved by the
3 board.
4 (2) A pharmacist may dispense a prescription written and
5 signed or transmitted by other means of communication by a
6 physician prescriber in a state other than Michigan, but not
7 including a prescription for a controlled substance as defined in
8 section 7104 except under circumstances described in section
9 17763(g) 17763(e), only if the pharmacist in the exercise
of
10 his or her professional judgment determines all of the
11 following:
12 (a) That the prescription was issued pursuant to an existing
13 physician-patient relationship.
14 (b) That the prescription is authentic.
15 (c) That the prescribed drug is appropriate and necessary for
16 the treatment of an acute, chronic, or recurrent condition.
17 (3) A pharmacist or a prescriber shall dispense a
18 prescription only if the prescription falls within the scope of
19 practice of the prescriber.
20 (4) A pharmacist shall not knowingly dispense a prescription
21 after the death of the prescriber or patient.
22 Sec. 17763. In addition to the grounds set forth in part
23 161, the disciplinary subcommittee may fine, reprimand, or place
24 a pharmacist licensee on probation, or deny, limit, suspend, or
25 revoke the license of a pharmacist or order restitution or
26 community service for a violation or abetting in a violation of
27 this part or rules promulgated under this part, or for 1 or more
1 of the following grounds:
2 (a) Employing the
mail to sell, distribute, or deliver a
3 drug that requires a
prescription when the prescription for the
4 drug is received by
mail.
5 (a) (b) Permitting
the dispensing of prescriptions by an
6 individual who is not a pharmacist, pharmacist intern, or
7 dispensing prescriber.
8 (b) (c) Permitting
the dispensing of prescriptions by a
9 pharmacist intern, except in the presence and under the personal
10 charge of a pharmacist.
11 (c) (d) Selling
at auction drugs in bulk or in open
12 packages unless the sale has been approved in accordance with
13 rules of the board.
14 (d) (e) Promoting
a prescription drug to the public in any
15 manner.
16 (e) (f) In
addition to the prohibition contained in section
17 7405(1)(e), dispensing a prescription for a controlled substance
18 as defined in section 7104 that is written and signed or
19 transmitted by a physician prescriber in a state other than
20 Michigan, unless the prescription is issued by a physician
21 prescriber residing adjacent to the land border between this
22 state and an adjoining state who is authorized under the laws of
23 that state to practice medicine or osteopathic medicine and
24 surgery and to prescribe controlled substances and whose practice
25 may extend into this state, but who does not maintain an office
26 or designate a place to meet patients or receive calls in this
27 state.