HOUSE BILL No. 4683 April 24, 1997, Introduced by Reps. Griffin, Law, Hammerstrom, Crissman, Profit, Rocca, Raczkowski, Olshove, Leland, Green, Cassis, Kukuk and Dalman 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 sections 17017 and 17517. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 17017. (1) A PHYSICIAN WHO, AS PART OF A MEDICAL 2 TREATMENT PLAN FOR A PATIENT WHO HAS BEEN DIAGNOSED WITH INTRAC- 3 TABLE PAIN, PRESCRIBES FOR THE PATIENT A CONTROLLED SUBSTANCE 4 THAT IS INCLUDED IN SCHEDULES 2 TO 5 UNDER PART 72 IS IMMUNE FROM 5 ADMINISTRATIVE AND CIVIL LIABILITY BASED ON PRESCRIBING THE CON- 6 TROLLED SUBSTANCE IF ALL OF THE FOLLOWING ARE MET: 7 (A) THE PRESCRIPTION IS FOR A LEGITIMATE AND PROFESSIONALLY 8 RECOGNIZED THERAPEUTIC PURPOSE. 9 (B) THE PRESCRIPTION CONFORMS TO THE APPLICABLE STANDARD OF 10 PRACTICE. 00152'97 ** CPD 2 1 (C) PRESCRIBING THE CONTROLLED SUBSTANCE IS WITHIN THE SCOPE 2 OF PRACTICE OF THE PHYSICIAN. 3 (D) THE PHYSICIAN HOLDS A VALID LICENSE UNDER ARTICLE 7 TO 4 PRESCRIBE CONTROLLED SUBSTANCES. 5 (2) AS USED IN THIS SECTION, "INTRACTABLE PAIN" MEANS THAT 6 TERM AS DEFINED IN SECTION 16204A(7). 7 SEC. 17517. (1) A PHYSICIAN WHO, AS PART OF A MEDICAL 8 TREATMENT PLAN FOR A PATIENT WHO HAS BEEN DIAGNOSED WITH INTRAC- 9 TABLE PAIN, PRESCRIBES FOR THE PATIENT A CONTROLLED SUBSTANCE 10 THAT IS INCLUDED IN SCHEDULES 2 TO 5 UNDER PART 72 IS IMMUNE FROM 11 ADMINISTRATIVE AND CIVIL LIABILITY BASED ON PRESCRIBING THE CON- 12 TROLLED SUBSTANCE IF ALL OF THE FOLLOWING ARE MET: 13 (A) THE PRESCRIPTION IS FOR A LEGITIMATE AND PROFESSIONALLY 14 RECOGNIZED THERAPEUTIC PURPOSE. 15 (B) THE PRESCRIPTION CONFORMS TO THE APPLICABLE STANDARD OF 16 PRACTICE. 17 (C) PRESCRIBING THE CONTROLLED SUBSTANCE IS WITHIN THE SCOPE 18 OF PRACTICE OF THE PHYSICIAN. 19 (D) THE PHYSICIAN HOLDS A VALID LICENSE UNDER ARTICLE 7 TO 20 PRESCRIBE CONTROLLED SUBSTANCES. 21 (2) AS USED IN THIS SECTION, "INTRACTABLE PAIN" MEANS THAT 22 TERM AS DEFINED IN SECTION 16204A(7). 23 Enacting section 1. This amendatory act does not take 24 effect unless all of the following bills of the 89th Legislature 25 are enacted into law: 26 (a) Senate Bill No. ________ or House Bill No. ________ 27 (request no. 00141'97 **). 00152'97 ** 3 1 (b) Senate Bill No. ________ or House Bill No. ________ 2 (request no. 00151'97 **). 3 (c) Senate Bill No. ________ or House Bill No. ________ 4 (request no. 00250'97 **). 5 (d) Senate Bill No. ________ or House Bill No. ________ 6 (request no. 02457'97 *). 7 (e) Senate Bill No. ________ or House Bill No. ________ 8 (request no. 02458'97 *). 00152'97 ** Final page. CPD