June 22, 2006, Introduced by Rep. Ward and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17763 (MCL 333.17763), as amended by 2005 PA
85.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17763. In addition to the grounds set forth in part 161,
the disciplinary subcommittee may fine, reprimand, or place a
pharmacist licensee on probation, or deny, limit, suspend, or
revoke the license of a pharmacist or order restitution or
community service for a violation or abetting in a violation of
this part or rules promulgated under this part, or for 1 or more of
the following grounds:
(a) Permitting the dispensing of prescriptions by an
individual who is not a pharmacist, pharmacist intern, or
dispensing prescriber.
(b) Permitting the dispensing of prescriptions by a pharmacist
intern, except in the presence and under the personal charge of a
pharmacist.
(c) Selling at auction drugs in bulk or in open packages
unless the sale has been approved in accordance with rules of the
board.
(d) Promoting a prescription drug to the public in any manner.
(e) In addition to the prohibition contained in section
7405(1)(e), dispensing a prescription for a controlled substance as
defined in section 7104 that is written and signed or transmitted
by a physician prescriber in a state other than Michigan, unless
the prescription is issued by a physician prescriber who resides
adjacent to the land border between this state and an adjoining
state or resides in Illinois or Minnesota and who is authorized
under the laws of that state to practice medicine or osteopathic
medicine and surgery and to prescribe controlled substances and
whose practice may extend into this state, but who does not
maintain an office or designate a place to meet patients or receive
calls in this state.
(f) Selling a prescription drug at a selling price, including
the dispensing fee, that exceeds 100% of the actual acquisition
cost of the prescription drug. As used in this subdivision, "actual
acquisition cost" means the true cost to the dispensing pharmacy
for the prescription drug less any cash discounts, volume
discounts, rebates, or other performance allowances.
Enacting section 1. This amendatory act applies to all
contracts entered into, renewed, or amended on or after the
effective date of the amendatory act that added subdivision (f).