Bill Text: MI HB4911 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health; pharmaceuticals; unused prescription drugs; establish program for allocating leftover medical supplies. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 17775. TIE BAR WITH: HB 4910'09, SB 0565'09

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2009-05-13 - Printed Bill Filed 05/13/2009 [HB4911 Detail]

Download: Michigan-2009-HB4911-Introduced.html

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HOUSE BILL No. 4911

 

May 12, 2009, Introduced by Reps. Moore, Mayes, Stamas 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 17775.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17775. (1) This section and sections 17776 and 17777

 

shall be known and may be cited as the "program for allocating

 

leftover medical supplies".

 

     (2) The board shall establish, implement, and administer a

 

statewide unused prescription drug repository and distribution

 

program consistent with public health and safety through which

 

unused prescription drugs, other than controlled substances, may be

 

transferred from an individual, health facility or agency, adult

 

foster care facility, assisted living facility, or manufacturer to

 

a pharmacy or a charitable clinic that elects to participate in the

 

PALMS. The PALMS is created to distribute unused prescription

 

drugs, other than controlled substances, to eligible participants.

 

     (3) Participation in the PALMS by an individual, health

 

facility or agency, adult foster care facility, assisted living

 

facility, manufacturer, pharmacy, or charitable clinic is

 

voluntary. Nothing in this section or sections 17776 and 17777

 

requires any individual, health facility or agency, adult foster

 

care facility, assisted living facility, manufacturer, pharmacy, or

 

charitable clinic to participate in the PALMS.

 

     (4) Pharmacies, health professionals, and charitable clinics

 

shall use the following criteria in accepting and dispensing unused

 

prescription drugs for use in the PALMS:

 

     (a) Only prescription drugs in their original sealed, tamper-

 

evident, and unopened unit dose packaging shall be accepted and

 

dispensed. However, prescription drugs packaged in single-unit dose

 

packaging may be accepted and dispensed even if the outside

 

packaging is open as long as the single-unit dose packaging is

 

unopened.

 

     (b) The following shall not be accepted and dispensed:

 

     (i) Expired prescription drugs.

 

     (ii) Controlled substances.

 

     (iii) Sample prescription drugs.

 

     (c) A prescription drug shall not be accepted and dispensed if

 

the person accepting or dispensing the drug has reason to believe

 

that the drug is adulterated.

 

     (d) Subject to the limitations prescribed in this subsection,

 

unused prescription drugs dispensed for purposes of a medical

 

assistance program or drug product donation program may be accepted

 

and dispensed under the PALMS.

 

     (e) A prescription drug or any other medication that is

 

ineligible for distribution under the PALMS may be accepted for

 

destruction and disposal subject to rules promulgated under section

 

17777.

 

     (f) Any additional criteria established in rules promulgated

 

under section 17777.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4910(request no.

 

02447'09 *).

 

     (b) Senate Bill No. 565 or House Bill No.____ (request no.

 

02448'09 *).