Bill Text: MI HB4776 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health; pharmaceuticals; a schedule 3 or 4 controlled substance; require prescribers to request information from the Michigan automated prescription system before prescribing and prohibit dispersing under certain circumstances. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 7333b.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2009-04-21 - Printed Bill Filed 04/03/2009 [HB4776 Detail]

Download: Michigan-2009-HB4776-Introduced.html

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HOUSE BILL No. 4776

 

April 2, 2009, Introduced by Reps. Wayne Schmidt, Elsenheimer, Marleau, Rick Jones and Ball 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 7333b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7333b. (1) Beginning January 1, 2010, a prescriber shall

 

request information from the electronic system as allowed in

 

section 7333a(2)(f) before prescribing a controlled substance

 

included in schedule 3 or 4 to a patient. In addition to any other

 

duty the prescriber has with regard to that patient, the prescriber

 

shall utilize information received from the electronic system under

 

this subsection to determine whether a controlled substance

 

included in schedule 3 or 4 should be prescribed for that patient.

 

Information obtained by the prescriber from the electronic system

 

under this subsection is confidential and is subject to the

 

physician-patient privilege. A prescriber shall mark on the

 

prescription form that he or she has received information from the

 

electronic system as required under this subsection with regard to

 

the patient for which the prescription for a controlled substance

 

included in schedule 3 or 4 is written.

 

     (2) Beginning January 1, 2010, a pharmacist or dispensing

 

prescriber shall not dispense a controlled substance included in

 

schedule 3 or 4 to a patient unless the prescription form contains

 

the mark of the prescriber that indicates the prescriber has

 

received information from the electronic system as required under

 

subsection (1) with regard to the patient for which the

 

prescription for a controlled substance included in schedule 3 or 4

 

is written. As used in this section, "pharmacist" and "dispensing

 

prescriber" mean those terms as defined in part 177.