Bill Text: MI HB4224 | 2019-2020 | 100th Legislature | Engrossed
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: Slight Partisan Bill (Republican 5-2)
Status: (Engrossed - Dead) 2019-04-16 - Referred To Committee On Health Policy And Human Services [HB4224 Detail]
Download: Michigan-2019-HB4224-Engrossed.html
HB-4224, As Passed House, April 11, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4224
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.
(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 House Bill No. 4225 of the 100th Legislature is enacted into
law.
