Bill Text: MI SB0735 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Occupations; pharmacists; requirement for a pharmacist to fill prescriptions without bias; provide for. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 17744.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-10-06 - Referred To Committee On Health Policy [SB0735 Detail]
Download: Michigan-2011-SB0735-Introduced.html
SENATE BILL No. 735
October 6, 2011, Introduced by Senators WHITMER, WARREN and YOUNG 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 17744.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17744. (1) Except as otherwise provided in this section,
a pharmacy shall deliver lawfully prescribed drugs or devices to
patients and shall distribute drugs and devices approved by the
United States food and drug administration for restricted
distribution by pharmacies, or provide a therapeutically equivalent
drug or device in a timely manner consistent with reasonable
expectations for filling the prescription. Subject to subsection
(3), a pharmacy is not required to comply with this subsection in
any of the following or substantially similar circumstances:
(a) The prescription contains an obvious or known error,
inadequacy in the instructions, or known contraindications or is an
incompatible prescription.
(b) A national or state emergency exists or guidelines have
been issued affecting availability, usage, or supplies of drugs or
devices.
(c) The pharmacy lacks specialized equipment or expertise
needed to safely produce, store, or dispense drugs or devices, such
as certain drug compounding or storage for nuclear medicine.
(d) The prescription is potentially fraudulent.
(e) Despite good-faith compliance, the drug or device is
unavailable.
(2) Nothing in this section requires pharmacies to deliver a
drug or device without payment of their usual and customary or
contracted charge.
(3) If, despite good-faith compliance, the lawfully prescribed
drug or device is not in stock or the prescription cannot be filled
under subsection (1)(a), the pharmacy shall provide the patient or
his or her agent a timely alternative for appropriate therapy that,
consistent with customary pharmacy practice, may include obtaining
the drug or device. Alternatives that a pharmacy may use under this
subsection include, but are not limited to, any of the following:
(a) Contacting the prescriber to address concerns such as
those identified in subsection (1)(a) or to obtain authorization to
provide a therapeutically equivalent product.
(b) If requested by the patient or his or her agent, returning
unfilled lawful prescriptions to the patient or agent.
(c) If requested by the patient or his or her agent,
communicating or transmitting, as permitted by law, the original
prescription information to a pharmacy of the patient's choice that
is able to fill the prescription in a timely manner.
(d) Offering to locate a pharmacy that is reasonably
accessible to the patient or agent and that has the drug or device
in stock.
(4) A pharmacy that engages in or permits any of the following
violates this section and is subject to discipline or other
enforcement actions under this act:
(a) Destruction of unfilled lawful prescriptions.
(b) Refusal to return unfilled lawful prescriptions.
(c) Violation of a patient's privacy.
(d) Discrimination against patients or their agents in a
manner prohibited by state or federal laws.
(e) Failure on a persistent basis to have pregnancy prevention
drugs or devices approved by the United States food and drug
administration available for delivery.
(5) A person who believes that a violation of this section has
occurred may report the violation to the department. The department
shall investigate each complaint received and shall notify the
complainant in writing of the results of a review or investigation
of the complaint and any action proposed to be taken.
