Bill Text: MI HB4508 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health; pharmaceuticals; prohibition on redispensing a pharmaceutical; revise to allow pharmacists to place previously dispensed drugs in customized patient medication packages. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 17751a.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-05 - Printed Bill Filed 03/05/2009 [HB4508 Detail]

Download: Michigan-2009-HB4508-Introduced.html

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HOUSE BILL No. 4508

 

March 4, 2009, Introduced by Reps. Caul, Ball, Booher, Sheltrown and Dean and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 17751a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17751a. (1) Notwithstanding any provision of this article

 

or article 7 to the contrary and subject to this section, a

 

pharmacist, upon the request of a patient or the patient's

 

caregiver, may place prescribed drug products in a customized

 

patient medication package regardless of whether the pharmacist

 

originally dispensed the drug products. If the pharmacist is

 

dispensing the drug products, he or she shall comply with R

 

338.479c of the Michigan administrative code. If previously-

 

dispensed drug products are brought to a pharmacist by a patient or

 

the patient's caregiver for placement in a customized patient

 

medication package under this section, all of the following

 

requirements shall be met:

 

     (a) The pharmacist shall comply as much as possible with R

 

338.479c of the Michigan administrative code and identify for the

 

patient on a form prescribed by the department the portions of R

 

338.479c of the Michigan administrative code that he or she is

 

unable to comply with because he or she is repackaging drug

 

products previously dispensed by another pharmacy.

 

     (b) The patient or the patient's caregiver shall complete and

 

sign a form prescribed by the department that describes the drug

 

products to be placed in the customized patient medication package,

 

authorizes the pharmacist to place the previously-dispensed drug

 

products in a customized medication package, and releases the

 

pharmacist who places the drug products in a customized medication

 

package from liability as provided for under subsection (3).

 

     (c) The patient or the patient's caregiver shall deliver the

 

drug products to the pharmacist in their original containers

 

bearing the labels required for prescription drug products under

 

this act and federal law.

 

     (d) The pharmacist shall maintain complete records of drug

 

products placed in customized patient medication packages under

 

this section and maintain those records in the same manner and for

 

the same period of time as is required for other records of drug

 

products dispensed under this article.

 

     (e) If the pharmacist does not immediately place the drug

 

products in customized patient medication packages under this

 

section, the pharmacist shall store the drug products in a secure

 

location and under conditions that will maintain their stability,

 

integrity, and effectiveness until placed in the customized patient

 

medication package under this section and returned to the patient

 

or the patient's caregiver.

 

     (2) A pharmacist who is not certain that previously-dispensed

 

drug products are exactly as described on the prescription drug

 

container's label shall not place the drug products in a customized

 

patient medication package under this section.

 

     (3) A pharmacist who places previously-dispensed drug products

 

in a customized patient medication package in compliance with this

 

section is immune from civil liability arising from harm caused by

 

1 or more of the drug products due to acts or omissions of other

 

persons outside of the control of the pharmacist.

 

     (4) This section does not require a pharmacist to place any

 

drug product in a customized patient medication package. A

 

pharmacist may charge a reasonable fee for placing drug products in

 

customized patient medication packages under this section.

 

     (5) Before the expiration of 90 days after the effective date

 

of this section, the department shall create and make widely

 

available to pharmacists the forms required under this section.

 

     (6) This section applies to pharmacists after the expiration

 

of 90 days after the effective date of this section.