Bill Text: MI SB0219 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Health occupations: pharmacists; pharmacists to order and administer certain vaccines and laboratory tests and dispense drugs under certain circumstances; allow. Amends secs. 9204, 9206, 17703, 17707, 17708, 17713, 17751 & 17757 of 1978 PA 368 (MCL 333.9204 et seq.) & adds secs. 17724 & 17724a.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-07-20 - Assigned Pa 0097'23 With Immediate Effect [SB0219 Detail]
Download: Michigan-2023-SB0219-Chaptered.html
Act No. 97
Public Acts of 2023
Approved by the Governor
July 18, 2023
Filed with the Secretary of State
July 19, 2023
EFFECTIVE DATE: July 19, 2023
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Senator Santana
ENROLLED SENATE BILL No. 219
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 9204, 9206, 17703, 17707, 17708, 17713, 17751, and 17757 (MCL 333.9204, 333.9206, 333.17703, 333.17707, 333.17708, 333.17713, 333.17751, and 333.17757), section 9204 as amended by 2006 PA 91, section 9206 as amended by 1996 PA 540, section 17703 as amended by 2021 PA 36, section 17707 as amended by 2020 PA 142, sections 17708 and 17751 as amended by 2022 PA 80, section 17713 as added by 2020 PA 324, and section 17757 as amended by 2022 PA 13, and by adding sections 17724 and 17724a.
The People of the State of Michigan enact:
(2) In addition to administering an immunizing agent under the direction of a physician under subsection (1), a pharmacist may order and administer a qualified immunizing agent in accordance with section 17724.
Sec.
9206. (1) A health care provider administering an immunizing agent to a child
shall present the person accompanying the child with a written certificate of
immunization, or make an entry of the immunization on a certificate in the
person’s possession. The certificate must be in a form prescribed by the
department and indicate the diseases or infections for which the child has been
immunized, the number of doses given, the dates when administered, and whether
further immunizations are indicated.
(2) Before administering an immunizing agent to a child, a health care provider shall notify the parent, guardian, or person in loco parentis of the child, on a form provided by the department, of the right to object to the reporting requirement of subsection (3).
(3) Unless the parent, guardian, or person in loco parentis of the child who received the immunizing agent objects by written notice received by the health care provider prior to reporting, a health care provider shall report to the department each immunization administered by the health care provider, pursuant to rules promulgated under section 9227. If the parent, guardian, or person in loco parentis of the child who was immunized objects to the reporting requirement of this subsection by written notice received by the health care provider prior to notification, the health care provider shall not report the immunization.
(4) A health care provider who complies or fails to comply in good faith with subsection (3) is not liable in a civil action for damages as a result of an act or omission during the compliance, except an act or omission constituting gross negligence or willful and wanton misconduct.
(5) As used in this section:
(a) “Health care provider” means a health professional, health facility, or local health department.
(b) “Health professional” means an individual who is licensed, registered, or otherwise authorized to engage in a health profession under article 15.
Sec. 17703. (1) “Deliver” or “delivery” means the actual, constructive, or attempted transfer of a drug or device from 1 person to another.
(2) “Device” means an instrument, apparatus, or contrivance, including its components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or other animals, or to affect the structure or function of the body of human beings or other animals.
(3) “Dispense” means the preparation, compounding, packaging, or labeling of a drug pursuant to a prescription or other authorization issued by a prescriber or pursuant to section 17724a or 17744f.
(4) “Dispensing prescriber” means a prescriber, other than a veterinarian, who dispenses prescription drugs.
(5) Except as otherwise provided in section 17780, “distribute” or “distribution” means to sell, offer for sale, deliver, offer to deliver, broker, give away, or transfer a drug, whether by passage of title or physical movement. The term does not include any of the following:
(a) Dispensing or administering a drug.
(b) The delivery of a drug, or offering to deliver a drug, by a common carrier in the usual course of business as a common carrier.
(c) The delivery of a drug via an automated device under section 17760.
(6) “Drug” means any of the following:
(a) A substance recognized or for which the standards or specifications are prescribed in the official compendium.
(b) A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or other animals.
(c) A substance, other than food, intended to affect the structure or a function of the body of human beings or other animals.
(d) A substance intended for use as a component of a substance specified in subdivision (a), (b), or (c), but not including a device or its components, parts, or accessories.
(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.
(8) “Electronically transmitted prescription” means the communication of an original prescription or refill authorization by electronic means including computer to computer, computer to facsimile machine, or email transmission that contains the same information it contained when the prescriber or his or her agent transmitted the prescription. Electronically transmitted prescription does not include a prescription or refill authorization transmitted by telephone or facsimile machine.
Sec. 17707. (1) “Parent pharmacy” means a pharmacy that operates a remote pharmacy through a telepharmacy system.
(2) “Personal charge” means the immediate physical presence of a pharmacist or dispensing prescriber.
(3) “Pharmacist” means an individual who is licensed under this article to engage in the practice of pharmacy.
(4) “Pharmacist in charge” or “PIC” means the pharmacist who
is designated by a pharmacy, manufacturer, wholesale distributor, or wholesale
distributor-broker as its pharmacist in charge under section 17748(2).
(5) “Pharmacist intern” or “intern” means an individual who satisfactorily completes the requirements set forth in rules promulgated by the department in consultation with the board and is licensed by the board for the purpose of obtaining instruction in the practice of pharmacy from a preceptor approved by the board.
(6) “Pharmacy” means a facility or part of a facility that is licensed under this part to dispense prescription drugs or prepare prescription drugs for delivery or distribution. Pharmacy does not include the office of a dispensing prescriber or an automated device. For the purpose of a duty placed on a pharmacy under this part, “pharmacy” means the person to which the pharmacy license is issued, unless otherwise specifically provided.
(7) “Pharmacy technician” means an individual who is required to hold a health profession subfield license under this part to serve as a pharmacy technician.
(8) “Practice of pharmacy” means a health service, the clinical application of which includes the encouragement of safety and efficacy in the prescribing, dispensing, administering, and use of drugs and related articles for the prevention of illness, and the maintenance and management of health. Practice of pharmacy includes the direct or indirect provision of professional functions and services associated with the practice of pharmacy. Professional functions associated with the practice of pharmacy include the following:
(a) The interpretation and evaluation of the prescription.
(b) Drug product selection.
(c) The compounding, dispensing, safe storage, and distribution of drugs and devices.
(d) The maintenance of legally required records.
(e) Advising the prescriber and the patient as required as to contents, therapeutic action, utilization, and possible adverse reactions or interactions of drugs.
(f) Ordering and administering qualified immunizing agents in accordance with section 17724.
(g) Ordering and administering qualified laboratory tests in accordance with section 17724a.
Sec. 17708. (1) “Preceptor” means a pharmacist approved by the board to direct the training of an intern in an approved pharmacy.
(2) “Prescriber” means a licensed dentist; a licensed doctor of medicine; a licensed doctor of osteopathic medicine and surgery; a licensed doctor of podiatric medicine and surgery; a licensed physician’s assistant; subject to part 174, a licensed optometrist; subject to section 17211a, an advanced practice registered nurse; a licensed veterinarian; subject to subsection (7), a registered professional nurse who holds a specialty certification as a nurse anesthetist under section 17210 when he or she is engaging in the practice of nursing and providing the anesthesia and analgesia services described in section 17210(3); or any other licensed health professional acting under the delegation and using, recording, or otherwise indicating the name of the delegating licensed doctor of medicine or licensed doctor of osteopathic medicine and surgery. As used in this subsection:
(a) “Advanced practice registered nurse” means that term as defined in section 17201 and includes a licensed advanced practice registered nurse.
(b) “License” means that term as defined in section 16106 and includes an authorization issued under the laws of another state or province of Canada to practice a profession described in this subsection in that state or province of Canada where practice would otherwise be unlawful.
(3) “Prescription” means an order by a prescriber to fill, compound, or dispense a drug or device written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication. An order transmitted in other than written or hard-copy form must be electronically recorded, printed, or written and immediately dated by the pharmacist, and that record is considered the original prescription. In a health facility or agency licensed under article 17 or other medical institution, an order for a drug or device in the patient’s chart is considered for the purposes of this definition the original prescription. For purposes of this part, prescription also includes a standing order issued under section 17744e. Subject to section 17751(2) and (5), prescription includes, but is not limited to, an order for a drug, not including a controlled substance except under circumstances described in section 17763(e), 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 prescriber in another state or province of Canada.
(4) Subject to subsection (5), “prescription drug” means a drug to which 1 or more of the following apply:
(a) The drug is dispensed pursuant to a prescription.
(b) The drug bears the federal legend “CAUTION: federal law prohibits dispensing without prescription” or “Rx only”.
(c) The drug is designated by the board as a drug that may only be dispensed pursuant to a prescription.
(5) For purposes of this part, prescription drug also
includes a drug dispensed pursuant to section 17724a or 17744f.
(6) “Remote pharmacy” means a pharmacy described in sections 17742a and 17742b.
(7) The authority of a registered professional nurse who holds a specialty certification as a nurse anesthetist under section 17210 to prescribe pharmacological agents is limited to pharmacological agents for administration to patients as described in section 17210(3)(b), (c), or (d). Subsection (2) does not require new or additional third party reimbursement or mandated worker’s compensation benefits for anesthesia and analgesia services provided under section 17210(3) by a registered professional nurse who holds a specialty certification as a nurse anesthetist under section 17210.
Sec. 17713. (1) Notwithstanding any provision of this article or rule promulgated under this article to the contrary, beginning on December 29, 2020, all of the following apply while a qualified order or declaration is in effect:
(a) A pharmacist may temporarily operate a pharmacy in a location that is not designated on a pharmacy license. However, the pharmacy described in this subdivision may not prepare a sterile drug product beyond a low-risk preparation, as defined by USP standards, for immediate inpatient administration.
(b) A pharmacist may substitute a therapeutically equivalent drug for a drug that is the subject of a critical shortage. A pharmacist substituting a drug under this subdivision shall inform the patient of the substitution and notify the prescriber of the substitution within a reasonable period of time. A prescriber is not subject to criminal prosecution, civil liability, or administrative sanction as a result of a pharmacist’s substitution under this subdivision.
(c) A preceptor may supervise a student pharmacist remotely to fulfill eligibility requirements for licensure and to avoid a delay in graduation.
(d) A pharmacist may oversee a pharmacy technician and other pharmacy staff remotely through the use of a real-time, continuous audiovisual camera system that is capable of allowing the pharmacist to visually identify the markings on tablets and capsules. The pharmacist must have access to all relevant patient information to accomplish remote oversight and must be available at all times during the oversight to provide real-time patient consultation. A pharmacy technician shall not perform sterile or nonsterile compounding without a pharmacist on the premises.
(e) An out-of-state pharmacy that is in good standing is considered licensed to do business in this state. An out-of-state pharmacy shall not deliver a controlled substance into this state, except that, notwithstanding article 7 or any rule promulgated under that article, an out-of-state pharmacy may deliver a controlled substance that is compounded for a drug shortage, as determined by the FDA. An out-of-state pharmacy shall comply with this part and the rules promulgated by this part, except that an out-of-state pharmacy is not required to designate a pharmacist in charge for the out-of-state pharmacy. To provide sterile compounding services to a patient in this state, an out-of-state pharmacy shall hold a current accreditation from a national organization approved by the board.
(f) A manufacturer or wholesale distributor that is licensed in another state is considered to be licensed to do business in this state. Notwithstanding article 7 or any rule promogulated under that article, a manufacturer or wholesale distributor that holds a license in good standing in another state may temporarily distribute a controlled substance in this state to a hospital or to a manufacturer or wholesale distributor that is licensed under this part. An out-of-state license described in this subdivision is not considered to be in good standing for purposes of this subdivision if it has been suspended or revoked or is the subject of pending disciplinary action in another state. If an out-of-state license described in this subdivision contains restrictions or conditions, those restrictions or conditions apply in this state for purposes of this subdivision.
(g) A pharmacy may confirm the delivery of a prescription drug, excluding a controlled substance, to a patient by any reasonable means, including, but not limited to, a telephone call, a text message, or email.
(2) As used in this section:
(a) “Out-of-state pharmacy” means a facility or part of a facility that is located outside of this state and that is licensed in another state to dispense prescription drugs or prepare prescription drugs for delivery or distribution.
(b) “Qualified epidemic” means an epidemic involving a respiratory disease that can easily spread between individuals and may result in serious illness or death.
(c) “Qualified order or declaration” means 1 of the following issued in response to a qualified epidemic:
(i) An emergency order under section 2253.
(ii) A state of disaster or state of
emergency declared under the emergency management act, 1976 PA 390, MCL 30.401
to 30.421.
Sec. 17724. (1) Subject to this section, a pharmacist may, without acting under the direction of a physician, order and administer a qualified immunizing agent to an individual who is 3 years of age or older.
(2) Before ordering or administering a qualified immunizing agent under this section, a pharmacist shall comply with all of the following:
(a) Successfully complete a training program approved under subsection (4).
(b) If the pharmacist is ordering a qualified immunizing agent for or administering a qualified immunizing agent to an individual who is less than 19 years of age and the pharmacy does not participate in the Vaccines for Children Program administered by the Centers for Disease Control and Prevention, inform the individual that the individual may qualify for the Vaccines for Children Program and notify the individual of local providers that participate in the program. This subdivision does not apply if a public or private third-party payer provides coverage for the cost of ordering or administering the qualified immunizing agent to the individual.
(3) A pharmacist who administers a qualified immunizing agent under this section shall do all of the following:
(a) Comply with rules promulgated under this section in addition to any other requirement established by law.
(b) If the qualified immunizing agent is administered to an individual who is 20 years of age or older, report the administration of the qualified immunizing agent to the Michigan care improvement registry within 72 hours after administering the qualified immunizing agent in the same manner as required under section 9206 for a health care provider who is administering an immunizing agent to a child.
(5) This section does not prohibit a pharmacist from ordering or administering an immunizing agent pursuant to federal law or an emergency order.
(6) As used in this section:
(a) “Immunizing agent” means that term as defined in section 9201.
(b) “Michigan care improvement registry” means the Michigan care improvement registry established under section 9207.
(c) “Qualified immunizing agent” means an immunizing agent that meets all of the following requirements:
(i) Is a vaccine that is recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
(ii) Is a vaccine that is approved or authorized for use by the Food and Drug Administration or has been authorized for emergency use by the Food and Drug Administration.
Sec. 17724a. (1) Subject to this section, a pharmacist may order a qualified laboratory test for and administer the qualified laboratory test to an individual if the qualified laboratory test meets all of the following requirements:
(a) The qualified laboratory test is classified as waived by the Food and Drug Administration.
(b) The qualified laboratory test requires only the use of a specimen collected by a nasal or throat swab or a finger prick.
(c) The qualified laboratory test is used to detect or screen for any of the following:
(i) COVID-19.
(ii) Influenza.
(iii) A respiratory infection.
(2) Before ordering or administering a qualified laboratory test under this section, a pharmacist shall successfully complete the training program approved under subsection (5).
(3) A pharmacist who orders a qualified laboratory test for or administers a qualified laboratory test to an individual under this section shall advise the individual of the test result and refer the individual to a physician, or another health professional, designated by the individual.
(4) A pharmacist who orders a qualified laboratory test for and administers that qualified laboratory test to an individual under this section for purposes of detecting or screening for COVID-19 or influenza may, without a prescription, dispense a drug to the individual if all of the following are met:
(a) The pharmacist determines that the drug is needed to treat the individual for COVID-19 or influenza based on the individual’s test result.
(b)
The drug is an antiviral drug and is available at the pharmacy.
(c) The drug is provided pursuant to protocols established by the Centers for Disease Control and Prevention or public health guidelines established by the department of health and human services.
(d) The pharmacist complies with subsection (3) and any other requirement established by rule under this section.
(5) The department, in consultation with the board, shall promulgate rules to implement this section. The rules must require the training program required under this section to require a pharmacist to demonstrate sufficient knowledge of how to administer and interpret each laboratory test that the pharmacist may order or administer under this section and to demonstrate sufficient knowledge of each illness, condition, or disease described in subsection (1) for which the pharmacist provides treatment based on the results of a qualified laboratory test.
(6) This section does not prohibit a pharmacist from doing any of the following:
(a) Ordering or administering a laboratory test as a delegated act of a physician or another health professional under section 16215.
(b) Ordering or administering a laboratory test pursuant to federal law or an emergency order.
(c) Dispensing a drug to a patient without a prescription pursuant to federal law or an emergency order.
(7) As used in this section, “qualified laboratory test” means a laboratory test meeting the requirements described in subsection (1).
Sec. 17751. (1) Except as otherwise provided in sections 17724a and 17744f, 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 this subsection and subsections (1) and (5), a pharmacist may dispense a drug or device pursuant to 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 prescriber in another state or province of Canada, but not including a prescription for a controlled substance except under circumstances described in section 17763(e). Before dispensing a drug or device pursuant to a prescription under this subsection, the pharmacist, in the exercise of his or her professional judgment, must determine all of the following:
(a) Except as otherwise authorized under section 5110, 17744a, or 17744b, if the prescriber is not a veterinarian, that the prescription was issued pursuant to an existing prescriber-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 drug or device pursuant to a prescription only if the prescription falls within the scope of practice of the prescriber.
(4) A pharmacist shall not knowingly dispense a drug or device pursuant to a prescription after the death of the prescriber or patient.
(5) A pharmacist shall not dispense a drug or device pursuant to 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 or 17754a.
(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 pursuant to a prescription described in this subsection. A pharmacist may dispense a drug or device pursuant to 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) Notwithstanding any provision of this section, a pharmacist who receives a prescription under subsection (2) from an advanced practice registered nurse prescriber or physician’s assistant prescriber in another state or province of Canada may dispense the drug or device without determining whether the advanced practice registered nurse prescriber or physician’s assistant prescriber is authorized under the laws of the other state or province of Canada to issue the prescription.
Sec. 17757. (1) When a pharmacist engaged in the business of selling drugs receives a prescription, the pharmacist may, or, when the pharmacist receives a request made in person or by telephone, the pharmacist shall provide the current selling price of a drug dispensed by that pharmacy or comparative current selling prices of generic and brand name drugs or biosimilar drug products dispensed by that pharmacy. If information is provided under this subsection, it must be provided before a drug is dispensed. A person that makes a request for or receives price information under this subsection is not obligated to purchase the drug for which the price or comparative prices are requested or received. A pharmacy or a pharmacist described in this subsection shall not enter into a contract that prohibits the disclosure of the information described in this subsection.
(2) A pharmacist engaged in the business of selling drugs shall conspicuously display the notice described in subsection (3) at each counter over which prescription drugs are dispensed.
(3) The notice required under subsection (2) must be in substantially the following form:
|
NOTICE TO CONSUMERS |
|
ABOUT PRESCRIPTION DRUGS |
Under Michigan law, you have the right to find out the price of a prescription drug before the pharmacist fills the prescription. You are under no obligation to have the prescription filled here and may use this price information to shop around at other pharmacies. You may request price information in person or by telephone.
Every pharmacy has the current selling prices of both generic and brand name drugs dispensed by the pharmacy.
Ask your pharmacist if a lower-cost generic drug is available to fill your prescription. A generic drug contains the same medicine as a brand name drug and is a suitable substitute in most instances.
A generic drug may not be dispensed by your pharmacist if your doctor has written “dispense as written” or the initials “d.a.w.” on the prescription.
If you have questions about the drugs that have been prescribed for you, ask your doctor or pharmacist for more information.
To avoid dangerous drug interactions, let your doctor and pharmacist know about any other medications you are taking. This is especially important if you have more than 1 doctor or have prescriptions filled at more than 1 pharmacy.
(4) The notice required under subsection (2) must also contain the address and phone number of the board and the department. The text of the notice must be in at least 32-point bold type and be printed on paper at least 11 inches by 17 inches in size. The notice may be printed on multiple pages.
(5) The department shall provide a copy of the notice
required under subsection (2) to each licensee. The department shall provide
additional copies if needed. A person may duplicate or reproduce the notice if
the duplication or reproduction is a true copy of the notice as produced by the
department, without any additions or deletions.
(6) The pharmacist shall furnish to the purchaser of a prescription drug at the time the drug is delivered to the purchaser a receipt evidencing the transactions that contains all of the following:
(a) The brand name of the drug, if applicable.
(b) The name of the manufacturer or the supplier of the drug, if the drug does not have a brand name.
(c) The strength of the drug, if significant.
(d) The quantity dispensed, if applicable.
(e) The name and address of the pharmacy.
(f) The serial number of the prescription, a reference to the standing order issued under section 17744e, or, if the prescription drug is dispensed pursuant to section 17724a or 17744f, a reference to the applicable section.
(g) The date the prescription was originally dispensed, if applicable.
(h) The name of the prescriber or, if prescribed under the prescriber’s delegatory authority, the name of the delegatee. If the prescription drug is dispensed pursuant to section 17744f, the name of the original prescriber and the pharmacist dispensing the prescription drug. If the prescription drug is dispensed pursuant to section 17724a, the name of the pharmacist dispensing the prescription drug.
(i) Except as otherwise authorized under section 5110, 17744a, 17744b, or 17744e, the name of the patient for whom the drug was prescribed or dispensed.
(j) The price for which the drug was sold to the purchaser.
(7) The items required under subsection (6)(a), (b), and (c) may be omitted from a receipt by a pharmacist only if the omission is expressly required by the prescriber. The pharmacist shall retain a copy of each receipt furnished under subsection (6) for 90 days. The inclusion of the items required under subsection (6) on the prescription container label is a valid receipt to the purchaser. Including the items required under subsection (6) on the written prescription form and retaining the form constitutes retention of a copy of the receipt.
(8) The department, in consultation with the board, may promulgate rules to implement this section.
This
act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
