Bill Text: MI SB0778 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Health; pharmaceuticals; dispensing opioid antagonist pursuant to a standing order; allow under certain circumstances. Amends secs. 7422, 17708 & 17757 of 1978 PA 368 (MCL 333.7422 et seq.) & adds sec. 17744e.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-02-10 - Referred To Committee On Health Policy [SB0778 Detail]

Download: Michigan-2015-SB0778-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 778

 

 

February 10, 2016, Introduced by Senator SCHUITMAKER and referred to the Committee on Health Policy.

 

 

 

      A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 7422, 17708, and 17757 (MCL 333.7422,

 

333.17708, and 333.17757), section 7422 as added by 2014 PA 313,

 

section 17708 as amended by 2012 PA 209, and section 17757 as

 

amended by 2014 PA 525, and by adding section 17744e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 7422. A person that complies with section 17744b or

 

 2  17744e is not in violation of this article with regard to the

 

 3  prescribing, dispensing, possessing, or administering an opioid

 

 4  antagonist as authorized in that section.those sections.

 

 5        Sec. 17708. (1) "Preceptor" means a pharmacist approved by the

 

 6  board to direct the training of an intern in an approved pharmacy.

 

 7        (2) "Prescriber" means a licensed dentist, a licensed doctor

 


 1  of medicine, a licensed doctor of osteopathic medicine and surgery,

 

 2  a licensed doctor of podiatric medicine and surgery, a licensed

 

 3  optometrist certified under part 174 to administer and prescribe

 

 4  therapeutic pharmaceutical agents, a licensed veterinarian, or

 

 5  another licensed health professional acting under the delegation

 

 6  and using, recording, or otherwise indicating the name of the

 

 7  delegating licensed doctor of medicine or licensed doctor of

 

 8  osteopathic medicine and surgery.

 

 9        (3) "Prescription" means an order by a prescriber to fill,

 

10  compound, or dispense a drug or device written and signed; written

 

11  or created in an electronic format, signed, and transmitted by

 

12  facsimile; or transmitted electronically or by other means of

 

13  communication. An order transmitted in other than written or hard-

 

14  copy form shall must be electronically recorded, printed, or

 

15  written and immediately dated by the pharmacist, and that record

 

16  constitutes is the original prescription. In a health facility or

 

17  agency licensed under article 17 or other medical institution, an

 

18  order for a drug or device in the patient's chart constitutes is

 

19  for the purposes of this definition the original prescription. For

 

20  purposes of this part, prescription also includes a standing order

 

21  issued by the chief medical executive under section 17744e. Subject

 

22  to section 17751(2) and (5), prescription includes, but is not

 

23  limited to, an order for a drug, not including a controlled

 

24  substance as defined in section 7104 except under circumstances

 

25  described in section 17763(e), written and signed; written or

 

26  created in an electronic format, signed, and transmitted by

 

27  facsimile; or transmitted electronically or by other means of


 1  communication by a physician prescriber or dentist prescriber

 

 2  licensed to practice dentistry, medicine, or osteopathic medicine

 

 3  and surgery in a state other than Michigan.

 

 4        (4) "Prescription drug" means 1 or more of the following:

 

 5        (a) A drug dispensed pursuant to a prescription.

 

 6        (b) A drug bearing the federal legend "CAUTION: federal law

 

 7  prohibits dispensing without prescription" or "Rx only".

 

 8        (c) A drug designated by the board as a drug that may only be

 

 9  dispensed pursuant to a prescription.

 

10        Sec. 17744e. (1) The chief medical executive designated under

 

11  section 2202 may issue a standing order that does not identify a

 

12  particular patient at the time it is issued for the purpose of a

 

13  pharmacist dispensing an opioid antagonist to an individual under

 

14  this section.

 

15        (2) Notwithstanding any provision of this act to the contrary,

 

16  a pharmacist may dispense an opioid antagonist to any individual

 

17  pursuant to a standing order issued by the chief medical executive

 

18  under subsection (1) and the rules promulgated under this section.

 

19        (3) The chief medical executive designated under section 2202

 

20  who issues a standing order for an opioid antagonist under this

 

21  section or a pharmacist who dispenses an opioid antagonist as

 

22  authorized under this section is not liable in a civil action for a

 

23  properly stored and dispensed opioid antagonist that was a

 

24  proximate cause of injury or death to an individual due to the

 

25  administration of or failure to administer the opioid antagonist.

 

26        (4) The department of health and human services shall

 

27  promulgate rules to implement this section.


 1        Sec. 17757. (1) Upon a request made in person or by telephone,

 

 2  a pharmacist engaged in the business of selling drugs at retail

 

 3  shall provide the current selling price of a drug dispensed by that

 

 4  pharmacy or comparative current selling prices of generic and brand

 

 5  name drugs dispensed by that pharmacy. The information shall must

 

 6  be provided to the person making the request before a drug is

 

 7  dispensed to the person. A person who makes a request for price

 

 8  information under this subsection is not obligated to purchase the

 

 9  drug for which the price or comparative prices are requested.

 

10        (2) A pharmacist engaged in the business of selling drugs at

 

11  retail shall conspicuously display the notice described in

 

12  subsection (3) at each counter over which prescription drugs are

 

13  dispensed.

 

14        (3) The notice required under subsection (2) shall must be in

 

15  substantially the following form:

 

 

16

                             NOTICE TO CONSUMERS

17

                           ABOUT PRESCRIPTION DRUGS

 

 

18        Under Michigan law, you have the right to find out the price

 

19  of a prescription drug before the pharmacist fills the

 

20  prescription. You are under no obligation to have the prescription

 

21  filled here and may use this price information to shop around at

 

22  other pharmacies. You may request price information in person or by

 

23  telephone.

 

24        Every pharmacy has the current selling prices of both generic

 

25  and brand name drugs dispensed by the pharmacy.

 

26        Ask your pharmacist if a lower-cost generic drug is available

 


 1  to fill your prescription. A generic drug contains the same

 

 2  medicine as a brand name drug and is a suitable substitute in most

 

 3  instances.

 

 4        A generic drug may not be dispensed by your pharmacist if your

 

 5  doctor has written "dispense as written" or the initials "d.a.w."

 

 6  on the prescription.

 

 7        If you have questions about the drugs that have been

 

 8  prescribed for you, ask your doctor or pharmacist for more

 

 9  information.

 

10        To avoid dangerous drug interactions, let your doctor and

 

11  pharmacist know about any other medications you are taking. This is

 

12  especially important if you have more than 1 doctor or have

 

13  prescriptions filled at more than 1 pharmacy.

 

14        (4) The notice required under subsection (2) shall must also

 

15  contain the address and phone number of the board and the

 

16  department. The text of the notice shall must be in at least 32-

 

17  point bold type and shall must be printed on paper at least 11

 

18  inches by 17 inches in size. The notice may be printed on multiple

 

19  pages.

 

20        (5) The department shall provide a copy of the notice required

 

21  under subsection (2) to each licensee. The department shall provide

 

22  additional copies if needed. A person may duplicate or reproduce

 

23  the notice if the duplication or reproduction is a true copy of the

 

24  notice as produced by the department, without any additions or

 

25  deletions.

 

26        (6) The pharmacist shall furnish to the purchaser of a

 

27  prescription drug at the time the drug is delivered to the


 1  purchaser a receipt evidencing the transactions that contains all

 

 2  of the following:

 

 3        (a) The brand name of the drug, if applicable.

 

 4        (b) The name of the manufacturer or the supplier of the drug,

 

 5  if the drug does not have a brand name.

 

 6        (c) The strength of the drug, if significant.

 

 7        (d) The quantity dispensed, if applicable.

 

 8        (e) The name and address of the pharmacy.

 

 9        (f) The serial number of the prescription or a reference to

 

10  the standing order issued under section 17744e.

 

11        (g) The date the prescription was originally dispensed.

 

12        (h) The name of the prescriber or, if prescribed under the

 

13  prescriber's delegatory authority, the name of the delegatee.

 

14        (i) Except as otherwise authorized under section 5110, 17744a,

 

15  or 17744b, or 17744e, the name of the patient for whom the drug was

 

16  prescribed.

 

17        (j) The price for which the drug was sold to the purchaser.

 

18        (7) The items required under subsection (6)(a), (b), and (c)

 

19  may be omitted from a receipt by a pharmacist only if the omission

 

20  is expressly required by the prescriber. The pharmacist shall

 

21  retain a copy of each receipt furnished under subsection (6) for 90

 

22  days. The inclusion of the items required under subsection (6) on

 

23  the prescription container label is a valid receipt to the

 

24  purchaser. Including the items required under subsection (6) on the

 

25  written prescription form and retaining the form constitutes

 

26  retention of a copy of the receipt.

 

27        (8) The board may promulgate rules to implement this section.


 1        Enacting section 1. This amendatory act takes effect 90 days

 

 2  after the date it is enacted into law.

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