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Sec. 5111. (1) In carrying out its
authority under this article, the department shall maintain a list of
reportable diseases, infections, and disabilities that designates and
classifies communicable, serious communicable, chronic, or noncommunicable diseases,
infections, and disabilities. The department shall review and revise the list
under this subsection at least annually.
(2) In Subject to subsection
(4), in carrying out its authority under this article, the department
may promulgate rules to do any of the following:
(a) Establish
requirements for reporting and other surveillance methods for measuring the
occurrence of diseases, infections, and disabilities and the potential for
epidemics. Rules promulgated under this subdivision may require a licensed
health professional or health facility to submit to the department or a local
health department, on a form provided by the department, a report of the
occurrence of a communicable disease, serious communicable disease or
infection, or disability. The rules promulgated under this subdivision may
require a report to be submitted to the department not more than 24 hours after
a licensed health professional or health facility determines that an individual
has a serious communicable disease or infection.
(b) Investigate
cases, epidemics, and unusual occurrences of diseases, infections, and
situations with a potential for causing diseases.
(c) Establish
procedures for controlling diseases and infections, including, but not limited
to, immunization and
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environmental
controls.
(d) Establish
procedures for preventing, detecting, and treating disabilities and
rehabilitating individuals suffering from disabilities or disease, including
nutritional problems.
(e) Establish
procedures for controlling rabies and the disposition of nonhuman agents
carrying disease, including rabid animals.
(f) Establish
procedures for reporting known or suspected cases of lead poisoning or undue
lead body burden.
(g) Designate
communicable diseases or serious communicable diseases or infections for which
local health departments are required to furnish care, including, but not
limited to, tuberculosis and sexually transmitted infection.
(h) Implement this
part and parts 52 and 53, including, but not limited to, rules for discovering,
caring for, and reporting an individual having or suspected of having a
communicable disease or a serious communicable disease or infection, and
establishing approved tests under section 5123 and approved prophylaxes under
section 5125.
(3) The department
shall promulgate rules providing for the confidentiality of reports, records,
and data pertaining to testing, care, treatment, reporting, and research
associated with communicable diseases and serious communicable diseases or
infections.
(4)
Beginning on the effective date of the amendatory act that amended section
17724a, a pharmacist administering a qualified laboratory test in accordance
with section 17724a shall report the occurrence of a disease, infection, or
disability in the same manner as required for other licensed health
professionals under
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subsection (2). As used in this subsection,
"pharmacist" means that term as defined in section 17707.
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 any of the following:
(a) A prescription.
(b) An
authorization issued by a prescriber.
(c) 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:
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(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 the
prescriber's agent transmitted the prescription. Electronically transmitted
prescription does not include a prescription or refill authorization
transmitted by telephone or facsimile machine.
(9) "Emergency
contraceptive" means a drug approved by the FDA to prevent pregnancy as
soon as possible following unprotected sexual intercourse or a known or
suspected contraceptive failure.
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.
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(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
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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, and interpreting the
results of qualified laboratory tests in accordance with section 17724a.
(h) Issuing
prescriptions for hormonal contraceptive patches, self-administered hormonal
contraceptives, emergency contraceptives, and vaginal ring hormonal
contraceptives in accordance with section 17744g.
(i) Issuing prescriptions for auto-injectable epinephrine in accordance
with section 17744a.
(j) Issuing prescriptions for prescription drugs and devices in
accordance with section 17744h.
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
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professional
nurse who holds a specialty certification as a nurse anesthetist under section
17210 when 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; and an order issued by a
pharmacist under section
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17744g to dispense a hormonal contraceptive
patch, a self-administered hormonal contraceptive, an emergency contraceptive,
or a vaginal ring hormonal contraceptive; issued by a pharmacist under section 17744g. and an order issued by a pharmacist under sections 17744a
and 17744h to dispense drugs or devices. 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 third-party reimbursement or
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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. 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.Respiratory
syncytial virus.
(iv) Streptococcal tonsilitis and
pharyngitis.
(v) The absence of HIV as shown by a
negative antigen and antibody test.
(vi) Hepatitis C virus.
(vii) Any other condition as
authorized by a rule promulgated under this section.
(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) Before ordering or administering a qualified laboratory test for
streptococcal tonsilitis and pharyngitis for an individual under this section,
a pharmacist shall use the Centor criteria to
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determine whether the administration of
the qualified laboratory test for streptococcal tonsilitis and pharyngitis is
appropriate for the individual.
(4) (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.the individual's primary care
physician or, if the individual does not have a primary care physician, to
another licensed health professional that the pharmacist considers appropriate.
(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
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the
training program required under this section to require a pharmacist to
demonstrate sufficient knowledge of how both of the following:
(a) How to
administer and interpret the result of each qualified 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.
(b) The
Centor criteria.
(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
(a)
"HIV" means that term as defined in section 5101.
(b) "Qualified laboratory test" means a laboratory test meeting the requirements described in subsection
(1).
Sec. 17744. (1) A prescriber may designate
an agent to act on behalf of or at the discretion of that prescriber. A
designation of an agent by a prescriber under this section is not required to
be in writing to be a valid designation. If a designation of an agent by a
prescriber under this section is contained in a written document, the
prescriber or the agent may transmit that document to
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a
pharmacy that will dispense a prescription issued by that prescriber.
(2) Except as
otherwise provided in this part, only a prescriber who is acting within the
scope of the prescriber's practice may issue a prescription. An agent may
prepare and transmit a prescription that has been signed by the prescriber,
including a signature that meets the requirements of section 17754 or 17754a.
The prescriber issuing a prescription and the pharmacist issuing a prescription
in accordance with this part or dispensing a drug or device under a
prescription is are
responsible for all of the requirements of state and federal law, rules,
and regulations regarding the issuance of prescriptions and dispensing of drugs
or devices under prescriptions.
(3) A prescriber or
the prescriber's agent may transmit to a pharmacy a prescription that is
contained within a patient's chart in a health facility or agency licensed
under article 17 or other medical institution. 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 created in an electronic format may
contain more than 6 prescriptions and may contain prescriptions for schedule 3
to 5 controlled substances and noncontrolled substances on the same form.
Sec. 17744a. (1) Notwithstanding any
provision of this act to the contrary, a prescriber or
pharmacist may issue a prescription for and a dispensing prescriber or
pharmacist may dispense auto-injectable epinephrine to an authorized entity.
When issuing a prescription for or dispensing auto-injectable epinephrine to an
authorized entity as authorized under this section, the prescriber, dispensing
prescriber, or pharmacist, as appropriate, shall insert
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the
name of the authorized entity as the name of the patient.
(2) A school
employee who is a licensed registered professional nurse or who is trained in
the administration of an epinephrine auto-injector under section 1179a of the
revised school code, 1976 PA 451, MCL 380.1179a, may possess and administer an
epinephrine auto-injector dispensed to a school board under this section.
(3) An authorized
entity as defined in subsection (6)(b) may acquire and stock a supply of
auto-injectable epinephrine under a prescription as authorized in this section.
An authorized entity as defined in subsection (6)(b) that acquires and stocks a
supply of auto-injectable epinephrine is subject to section 17744d.
(4) A law
enforcement officer or firefighter of an authorized entity as defined in
subsection (6)(c) may, subject to section 2 of the law enforcement and
firefighter access to epinephrine act, 2020 PA 312,
MCL 28.822, possess and administer auto-injectable epinephrine dispensed
to the entity under this section.
(5) A prescriber An
individual who issues a prescription for or a
dispensing prescriber or pharmacist who dispenses auto-injectable
epinephrine to an authorized entity as authorized under this section is not
liable in a civil action for a properly stored and dispensed epinephrine
auto-injector that was a proximate cause of injury or death to an individual
due to the administration of or failure to administer the epinephrine
auto-injector.
(6) As used in this
section, "authorized entity" means any of the following:
(a) A school board
for the purpose of meeting the requirements of section 1179a of the revised
school code, 1976 PA 451, MCL 380.1179a.
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(b) A person or
governmental entity that operates or conducts a business or activity at which
allergens capable of causing anaphylaxis may be present, including, but not
limited to, a recreation camp, youth sports league, amusement park, nonpublic
school, religious institution, or sports arena.
(c) An eligible
entity authorized to purchase, possess, and distribute auto-injectable
epinephrine under the law enforcement and firefighter access to epinephrine act, 2020 PA 312, MCL 28.821 to 28.823.
Sec. 17744h. (1) Pursuant to rules promulgated
under this section and except as otherwise provided in subsection (3), a
pharmacist may issue a prescription for and dispense to an individual any of
the following:
(a) A
prescription drug that is an antibiotic to treat streptococcal tonsilitis and
pharyngitis, if the individual was administered a qualified laboratory test
under section 17724a at the pharmacy for streptococcal tonsilitis and
pharyngitis and the pharmacist obtained a positive test result for
streptococcal tonsilitis and pharyngitis from the individual.
(b) A
prescription drug that is an antiviral to treat COVID-19 or influenza, if the
individual was administered a qualified laboratory test under section 17724a at
the pharmacy for COVID-19 or influenza and the pharmacist obtained a positive
test result for COVID-19 or influenza from the individual.
(c) A
prescription drug approved by the FDA for tobacco cessation if all of the
following requirements are met:
(i) The individual is not considered to be high risk, the prescription
drug is not considered to be contraindicated, and the individual does not meet
any other condition established by rule
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that would render the individual ineligible for receiving
the prescription drug, based on screening conducted by the pharmacist under
this section.
(ii) On issuing the prescription for and dispensing the
prescription drug to the individual, the pharmacist refers the individual to
the individual's primary care physician or, if the individual does not have a
primary care physician, to another licensed health professional that the
pharmacist considers appropriate, for a follow-up consultation.
(iii) The pharmacist complies with any other requirement
established by rule, including, but not limited to, a requirement that the
pharmacist successfully complete a training course on tobacco cessation
products before issuing a prescription described in this subdivision.
(d) A
prescription drug approved by the FDA to treat either of the following
conditions:
(i) Lice, if the prescription drug is in the form of a
topical treatment.
(ii) Herpes skin lesions, if the prescription drug is for the
acute treatment of the virus.
(e) Any of
the following devices:
(i) An inhalation spacer.
(ii) A nebulizer.
(iii) A blood sugar testing device for diabetes.
(iv) A syringe.
(f) A
travel drug, if the pharmacist successfully completes a course on travel
medicine, the travel drug is indicated for the individual's intended
destination of travel, and the travel drug is dispensed in an amount limited to
a 3-month supply or less. On
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issuing the prescription for and dispensing the travel drug
to the individual, the pharmacist shall refer the individual to the
individual's primary care physician or, if the individual does not have a
primary care physician, to another licensed health professional that the
pharmacist considers appropriate, for a follow-up consultation. If a pharmacist
issues a prescription for a travel drug under this subdivision, the pharmacist
shall advise the individual on a qualified immunizing agent recommended for the
individual's intended destination of travel based on guidelines from the
Centers for Disease Control and Prevention and the pharmacist may administer
the qualified immunizing agent to the individual in accordance with section
17724.
(g) A
prescription drug or device, other than a drug or device described in section
17744f, for which the rules promulgated under this section specifically
authorize a pharmacist to issue a prescription. The rules must require that a
drug or device prescribed under this subdivision be prescribed in accordance
with the FDA's approved labeling for the drug or device. A drug or device
prescribed under this subdivision is limited to a prescription drug or device
to treat a condition that meets any of the following requirements:
(i) The condition does not require a new diagnosis.
(ii) The condition is minor and generally self-limiting.
(iii) In the professional judgment of the pharmacist, the
condition threatens the health or safety of the individual if the prescription
drug or device is not immediately dispensed. The pharmacist shall only dispense
a prescription drug or device for a condition described under this subparagraph
in the minimum quantity necessary until the patient is able to be seen by a
physician or
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another health professional.
(2) If a
pharmacist, in the pharmacist's professional judgment, believes that an
individual's symptoms require symptomatic management for an upper respiratory
illness, the pharmacist may recommend a product that is available over the
counter to the individual.
(3) A
pharmacist shall not issue a prescription for or dispense a controlled
substance under this section or a rule promulgated under this section.
(4) The
department, in consultation with the board, shall promulgate rules to implement
this section. The rules must include at least all of the following for the
dispensing of a prescription drug approved by the FDA for tobacco cessation
under this section:
(a)
Standard screening procedures that are based on clinical practice guidelines
for determining whether an individual is considered high risk, whether the
prescription drug is contraindicated, or whether the individual meets a
condition described in subdivision (b).
(b) The
conditions under which an individual is ineligible to receive the prescription
drug and must instead be referred to the individual's primary care physician
or, if the individual does not have a primary care physician, to another
licensed health professional that the pharmacist considers appropriate, or to a
tobacco treatment specialist.
(c)
Standards for recommending that an individual who receives the prescription
drug receive additional assistance for tobacco cessation, including, but not
limited to, counseling or other evidence-based tobacco cessation interventions.
(5) This
section does not prohibit a pharmacist from
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dispensing a drug to a patient without a prescription
pursuant to federal law or an emergency order.
(6) As used
in this section:
(a)
"COVID-19" means severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2).
(b) "Michigan
care improvement registry" means the Michigan care improvement registry
established under section 9207.
(c)
"Qualified immunizing agent" means that term as defined in section
17724.
(d) "Travel
drug" means a prescription drug that is recommended for an individual who
is traveling outside of the United States as set forth in the "Health
Information for International Travel", a publication by the Centers for
Disease Control and Prevention that is commonly referred to as the "Yellow
Book".
Sec. 17751. (1) Except as otherwise
provided in sections 17724a and section 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
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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 the pharmacist's 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 or if the
prescription was issued by a pharmacist in accordance with this part.
(4) A pharmacist shall not knowingly dispense a drug or
device must not be knowingly dispensed pursuant
to a prescription after the death of the 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
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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
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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 the
pharmacist's 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
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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
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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
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drug
is dispensed pursuant to section 17724a or 17744f,
a reference to the applicable that 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, a prescription issued by a pharmacist under section 17744a,
17744g, or 17744h, the name of the pharmacist dispensing the prescription drug. If the prescription was
issued under section 17744g, the name of the pharmacist issuing the
prescription.
(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. Including 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.
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Sec. 17763. In addition to the grounds set
forth in part 161, the disciplinary subcommittee may fine, reprimand, or place
a pharmacist licensee on probation, or deny, limit, suspend, or revoke the
license of a pharmacist or order restitution or community service for a
violation or abetting in a violation of this part or rules promulgated under
this part, or for 1 or more of the following grounds:
(a) Permitting the
dispensing of prescriptions by an individual who is not a pharmacist,
pharmacist intern, or dispensing prescriber.
(b) Permitting the
dispensing of prescriptions by a pharmacist intern, except in the presence and
under the personal charge of a pharmacist.
(c) Selling at
auction drugs in bulk or in open packages unless the sale has been approved in
accordance with rules of the board.
(d) Promoting a
prescription drug to the public in any manner.
(e) In addition to
the prohibition contained in section 7405(1)(e), dispensing a prescription for
a controlled substance as defined in section 7104 that
is 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, unless the prescription is issued by a physician
prescriber, dentist prescriber, or veterinarian prescriber who is authorized
under the laws of that state to practice dentistry, medicine, osteopathic
medicine and surgery, or veterinary medicine and to prescribe controlled
substances.
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(f)
Delegating the prescribing of a prescription drug or device under section
17744a or 17744h.
