Bill Text: MI SB0127 | 2019-2020 | 100th Legislature | Engrossed


Bill Title: Health occupations: health professionals; prescribers to obtain a Michigan Automated Prescription System (MAPS) report before prescribing or dispensing a controlled substance; provide exemption for hospice, and exempt hospice patients from bona fide prescriber-patient relationship requirement for prescribing a controlled substance. Amends sec. 7303a of 1978 PA 368 (MCL 333.7303a).

Spectrum: Slight Partisan Bill (Democrat 7-4)

Status: (Engrossed) 2019-04-18 - Referred To Committee On Health Policy [SB0127 Detail]

Download: Michigan-2019-SB0127-Engrossed.html

SB-0127, As Passed Senate, April 18, 2019

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 127

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 7303a (MCL 333.7303a), as amended by 2018 PA

 

101.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7303a. (1) A prescriber who holds a controlled substances

 

license may administer or dispense a controlled substance listed in

 

schedules 2 to 5 without a separate controlled substances license

 

for those activities.

 

     (2) Except as otherwise provided in rules promulgated under

 

section 16204e and for a patient who is under the care of a hospice

 

licensed under article 17, beginning March 31, 2019 or, if rules

 

are promulgated under section 16204e before March 31, 2019, on the

 

date on which rules are promulgated under section 16204e, a


licensed prescriber shall not prescribe a controlled substance

 

listed in schedules 2 to 5 unless the prescriber is in a bona fide

 

prescriber-patient relationship with the patient for whom the

 

controlled substance is being prescribed. Except as otherwise

 

provided in this subsection, if a licensed prescriber prescribes a

 

controlled substance under this subsection, the prescriber shall

 

provide follow-up care to the patient to monitor the efficacy of

 

the use of the controlled substance as a treatment of the patient's

 

medical condition. If the licensed prescriber is unable to provide

 

follow-up care, he or she shall refer the patient to the patient's

 

primary care provider for follow-up care or, if the patient does

 

not have a primary care provider, he or she shall refer the patient

 

to another licensed prescriber who is geographically accessible to

 

the patient for follow-up care.

 

     (3) Before prescribing or dispensing a controlled substance to

 

a patient, a licensed prescriber shall ask the patient about other

 

controlled substances the patient may be using. The prescriber

 

shall record the patient's response in the patient's medical or

 

clinical record.

 

     (4) Beginning June 1, 2018, before prescribing or dispensing

 

to a patient a controlled substance in a quantity that exceeds a 3-

 

day supply, a licensed prescriber shall obtain and review a report

 

concerning that patient from the electronic system for monitoring

 

schedule 2, 3, 4, and 5 controlled substances established under

 

section 7333a. This subsection does not apply under any of the

 

following circumstances:

 

     (a) If the dispensing occurs in a hospital or freestanding


surgical outpatient facility licensed under article 17 and the

 

controlled substance is administered to the patient in that

 

hospital or facility.

 

     (b) If the patient is an animal as that term is defined in

 

section 18802, the dispensing occurs in a veterinary hospital or

 

clinic and the controlled substance is administered to the patient

 

in that hospital or clinic.

 

     (c) If the controlled substance is prescribed by a licensed

 

prescriber who is a veterinarian and the controlled substance will

 

be dispensed by a pharmacist.

 

     (d) If the patient is a patient of a hospice licensed under

 

article 17 and the licensed prescriber has obtained and reviewed a

 

report concerning the patient from the electronic system described

 

in this subsection at the time the patient was admitted to the

 

hospice.

 

     (5) Beginning June 1, 2018, before prescribing or dispensing a

 

controlled substance to a patient, a licensed prescriber shall

 

register with the electronic system for monitoring schedule 2, 3,

 

4, and 5 controlled substances established under section 7333a.

 

     (6) A licensed prescriber who dispenses controlled substances

 

shall maintain all of the following records separately from other

 

prescription records:

 

     (a) All invoices and other acquisition records for each

 

controlled substance acquired by the prescriber for not less than 5

 

years after the date the prescriber acquires the controlled

 

substance.

 

     (b) A log of all controlled substances dispensed by the


prescriber for not less than 5 years after the date the controlled

 

substance is dispensed.

 

     (c) Records of all other dispositions of controlled substances

 

under the licensee's control for not less than 5 years after the

 

date of the disposition.

 

     (7) The requirement under section 7303 for a license is waived

 

in the following circumstances:

 

     (a) When a controlled substance listed in schedules 2 to 5 is

 

administered on the order of a licensed prescriber by an individual

 

who is licensed under article 15 as a practical nurse or a

 

registered professional nurse.

 

     (b) When methadone or a methadone congener is dispensed on the

 

order of a licensed prescriber in a methadone treatment program

 

licensed under article 6 or when a controlled substance listed in

 

schedules 2 to 5 is dispensed on the order of a licensed prescriber

 

in a hospice rendering emergency care services in a patient's home

 

as described in section 17746 by a registered professional nurse

 

licensed under article 15.

 

     (8) As used in this section:

 

     (a) "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:

 

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

 

or clinical records and completed a full 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.


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

 

patient's condition in accordance with medically accepted

 

standards.

 

     (b) "Telehealth" means that term as defined in section 16283.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 128 of the 100th Legislature is enacted into

 

law.

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