Bill Text: MI HB4224 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Health occupations; health professionals; definition of bona fide prescriber-patient relationship; revise. Amends sec. 7104 of 1978 PA 368 (MCL 333.7104). TIE BAR WITH: HB 4225'19

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-14 - Referred To Committee On Ways And Means, With H-1 [HB4224 Detail]

Download: Michigan-2019-HB4224-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4224

 

 

February 21, 2019, Introduced by Reps. Hoitenga, Kahle, Griffin, Frederick, Sabo, Meerman and Liberati and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 7104 (MCL 333.7104), as amended by 2001 PA 233.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7104. (1) "Bona fide prescriber-patient relationship"

 

means a treatment or counseling relationship between a prescriber

 

and a patient in which both of the following are present:

 

     (a) The prescriber has reviewed the patient's relevant medical

 

or clinical records and completed an assessment of the patient's

 

medical history and current medical condition, including a relevant

 

medical evaluation of the patient conducted in person or through

 

telehealth as that term is defined in section 16283 or by an

 

individual licensed under article 15 to whom the prescriber has

 

delegated the authority to perform the evaluation under section

 


16215.

 

     (b) The prescriber has created and maintained records of the

 

patient's condition in accordance with medically accepted

 

standards.

 

     (2) (1) "Bureau" means the drug enforcement administration,

 

Drug Enforcement Administration, United States department of

 

justice, Department of Justice, or its successor agency.

 

     (3) (2) "Controlled substance" means a drug, substance, or

 

immediate precursor included in schedules 1 to 5 of part 72.

 

     (4) (3) "Controlled substance analogue" means a substance the

 

chemical structure of which is substantially similar to that of a

 

controlled substance in schedule 1 or 2 and that has a narcotic,

 

stimulant, depressant, or hallucinogenic effect on the central

 

nervous system substantially similar to or greater than the

 

narcotic, stimulant, depressant, or hallucinogenic effect on the

 

central nervous system of a controlled substance included in

 

schedule 1 or 2 or, with respect to a particular individual, that

 

the individual represents or intends to have a narcotic, stimulant,

 

depressant, or hallucinogenic effect on the central nervous system

 

substantially similar to or greater than the narcotic, stimulant,

 

depressant, or hallucinogenic effect on the central nervous system

 

of a controlled substance included in schedule 1 or 2. Controlled

 

substance analogue does not include 1 or more of the following:

 

     (a) A controlled substance.

 

     (b) A substance for which there is an approved new drug

 

application.

 

     (c) A substance with respect to which an exemption is in


effect for investigational use by a particular person under section

 

505 of the federal food, drug and cosmetic act, chapter 675, 52

 

Stat. 1052, 21 U.S.C. USC 355, to the extent conduct with respect

 

to the substance is pursuant to the exemption.

 

     (d) Any substance to the extent not intended for human

 

consumption before an exemption takes effect with respect to the

 

substance.

 

     (5) (4) "Counterfeit prescription form" means a printed form

 

that is the same or similar to a prescription form and that was

 

manufactured, printed, duplicated, forged, electronically

 

transmitted, or altered without the knowledge or permission of a

 

prescriber.

 

     (6) (5) "Counterfeit substance" means a controlled substance

 

that, or the container or labeling of which, without authorization,

 

bears the trademark, trade name or other identifying mark, imprint,

 

number, or device, or any likeness thereof, of a manufacturer,

 

distributor, or dispenser other than the person who in fact

 

manufactured, distributed, or dispensed the substance.

 

     (7) (6) "Deleterious drug" means a drug, other than a

 

proprietary medicine, likely to be destructive to adult human life

 

in quantities of 3.88 grams or less.

 

     (8) (7) "Electronic signature" means an electronic sound,

 

symbol, or process attached to or logically associated with a

 

record and executed or adopted by a person with the intent to sign

 

the record.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4225 (request no.


01271'19) of the 100th Legislature is enacted into law.

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