Bill Text: MI HB5874 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health: pharmaceuticals; emergency refill of medications during a declared emergency; provide for. Amends sec. 17751 of 1978 PA 368 (MCL 333.17751) & adds sec. 17751a.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2020-06-23 - Bill Electronically Reproduced 06/18/2020 [HB5874 Detail]
Download: Michigan-2019-HB5874-Introduced.html
HOUSE BILL NO. 5874
June 18, 2020, Introduced by Reps. Hertel,
Hammoud, Kuppa, Hood, Cynthia Johnson, Peterson, Manoogian, Gay-Dagnogo,
Camilleri, Garza, Tyrone Carter, Bolden and Stone and referred to the
Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17751 (MCL 333.17751), as amended by 2020 PA 4, and by adding section 17751a.
the people of the state of michigan enact:
Sec. 17751. (1) A pharmacist shall not dispense a drug
requiring a prescription under the federal act or a law of this state except
under authority of an original prescription or an equivalent record of an
original prescription approved by the board. A pharmacist described in section
17742b(2) may dispense a drug pursuant to an original prescription received at
a remote pharmacy if the pharmacist receives, reviews, and verifies an exact
digital image of the prescription received at the remote pharmacy before the
drug is dispensed at the remote pharmacy.
(2) Subject to
subsections (1) and (5), a pharmacist may dispense a prescription written and
signed; written or created in an electronic format, signed, and transmitted by
facsimile; or transmitted electronically or by other means of communication by
a physician prescriber, dentist prescriber, or veterinarian prescriber in
another state, but not including a prescription for a controlled substance
except under circumstances described in section 17763(e), only if the
pharmacist in the exercise of his or her professional judgment determines all
of the following:
(a) Except as otherwise
authorized under section 5110, 17744a, or 17744b, if the prescriber is a
physician or dentist, that the prescription was issued pursuant to an existing
physician-patient or dentist-patient relationship.
(b) That the prescription
is authentic.
(c) That the prescribed
drug is appropriate and necessary for the treatment of an acute, chronic, or
recurrent condition.
(3) A pharmacist or a
prescriber shall dispense a prescription only if the prescription falls within
the scope of practice of the prescriber.
(4) A pharmacist shall
not knowingly dispense a prescription after the death of the prescriber or
patient.
(5) A pharmacist shall
not dispense a drug or device under a prescription transmitted by facsimile or
created in electronic format and printed out for use by the patient unless the
document is manually signed by the prescriber. This subsection does not apply
to any of the following:
(a) A prescription that
is transmitted by a computer to a facsimile machine if that prescription
complies with section 17754.
(b) A prescription that
is received by a remote pharmacy and made available to a pharmacist described
in section 17742b(2) for review and verification in the manner required under
subsection (1).
(6) After consultation
with and agreement from the prescriber, a pharmacist may add or change a
patient's address, a dosage form, a drug strength, a drug quantity, a direction
for use, or an issue date with regard to a prescription. A pharmacist shall
note the details of the consultation and agreement required under this
subsection on the prescription or, if the drug is dispensed at a remote
pharmacy, on the digital image of the prescription described in subsection (1),
and shall maintain that documentation with the prescription as required in
section 17752. A pharmacist shall not change the patient's name, controlled
substance prescribed unless authorized to dispense a lower cost generically
equivalent drug product under section 17755, or the prescriber's signature with
regard to a prescription.
(7) A prescription that
is contained within a patient's chart in a health facility or agency licensed
under article 17 or other medical institution and that is transmitted to a
pharmacy under section 17744 is the original prescription. If all other
requirements of this part are met, a pharmacist shall dispense a drug or device
under a prescription described in this subsection. A pharmacist may dispense a
drug or device under a prescription described in this subsection even if the
prescription does not contain the quantity ordered. If a prescription described
in this subsection does not contain the quantity ordered, the pharmacist shall
consult with the prescriber to determine an agreed-upon quantity. The
pharmacist shall record the quantity dispensed on the prescription and shall
maintain that documentation with the prescription as required in section 17752.
(8) If, after consulting
with a patient, a pharmacist determines in the exercise of his or her
professional judgment that dispensing additional quantities of a prescription
drug is appropriate for the patient, the pharmacist may dispense, at one time,
additional quantities of the prescription drug up to the total number of dosage
units authorized by the prescriber on the original prescription for the patient
and any refills of the prescription. Except for a controlled substance included
in schedule 5 that does not contain an opioid, this subsection does not apply
to a prescription for a controlled substance.
(9)
Subsections (6) and (8) are subject to section 17751a.
Sec. 17751a. (1) If the governor
issues a qualified executive order, a pharmacist may dispense an emergency
refill of up to a 60-day supply of a prescription drug other than a controlled
substance for a resident of this state if, in the pharmacist's professional
judgment, a failure to refill the prescription might interrupt the patient's
ongoing care and have a significant adverse effect on the patient's well-being.
All of the following apply for purposes of this section:
(a)
The pharmacist shall inform the patient that the prescription was dispensed
under this section.
(b)
The pharmacist shall inform the prescriber, in writing and within a reasonable
period of time, of any refills that the pharmacist dispensed under this section.
(c)
Before refilling a prescription under this section, the pharmacist shall make a
reasonable effort to communicate with the prescriber regarding refilling the
prescription and make a record of the effort made, including the reason for
refilling a prescription under this subdivision.
(2)
As used in this section, "qualified executive order" means an
executive order issued by the governor in which both of the following apply:
(a)
The executive order is issued during a declared state of emergency under any of
the following:
(i) The emergency management act, 1976
PA 390, MCL 30.401 to 30.421.
(ii) 1945 PA 302, MCL 10.31 to 10.33.
(b)
The executive order directs residents of this state to remain in their
residences, with limited exceptions, for at least 2 weeks.
