HB-5328, As Passed House, June 16, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5328
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17757 and 17757a (MCL 333.17757 and
333.17757a), section 17757 as amended by 1986 PA 304 and section
17757a as amended by 1993 PA 305, and by adding section 17753.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 17753. (1) Within 1 year after the effective date of
2 the amendatory act that added this section, the board, in
3 cooperation with the Michigan medication safety coalition and the
4 Michigan pharmacists association, shall establish a process for
5 the development and implementation of a quality assurance program
6 that shall, at a minimum, document, identify, assess, and prevent
7 prescription medication errors that occur in pharmacies or that
8 are attributable, in whole or in part, to the pharmacy or its
9 personnel, a pharmacist, or a dispensing prescriber. The purpose
1 of the quality assurance program shall be to assist pharmacies,
2 pharmacists, and dispensing prescribers to take appropriate
3 action to prevent prescription medication errors or to prevent
4 recurrence. The quality assurance program may include a peer
5 review committee appointed by any of the following:
6 (a) This state.
7 (b) An established professional standards review organization
8 qualified under federal or state law.
9 (c) A foundation, organization, or group of professionals and
10 experts nominated by the Michigan medication safety coalition and
11 the Michigan pharmacists association and acting pursuant to the
12 approval of the board.
13 (2) A person, organization, or entity may provide
14 information, data, or records to a peer review committee under
15 this program. Information and records generated for and
16 maintained as a component of the quality assurance program are
17 considered peer review documents, are confidential, and shall be
18 used only for the purposes of peer review. In the absence of
19 malice, a person, organization, or entity is not civilly or
20 criminally liable for providing information, data, or records
21 pursuant to this section or for any act or communication in the
22 use of the information provided pursuant to this section.
23 (3) The department, in consultation with the board and the
24 quality assurance program, may promulgate rules establishing
25 standards, policies, procedures, and requirements for a pharmacy
26 licensed under this part for the implementation of a quality
27 assurance program.
1 (4) A pharmacist shall provide, upon request, to the
2 purchaser of a prescription drug information about how to contact
3 the board or the quality assurance program if he or she has a
4 complaint regarding the dispensing of his or her prescription or
5 believes that a prescription medication error may have occurred.
6 (5) As used in this section, "prescription medication error"
7 means a preventable event that occurred while the medication is
8 in control of the health care professional or health facility
9 that may cause or lead to inappropriate medication use or patient
10 harm. A preventable event may be related to any step related to
11 the health profession and its procedures or systems, including,
12 but not limited to, the prescribing, compounding, dispensing, or
13 distribution of a prescription; the ordering or communication of
14 the prescription to the dispensing prescriber; the labeling,
15 packaging, or naming of the prescription; the monitoring of the
16 use of a prescription; and the educating of the patient regarding
17 the prescription.
18 Sec. 17757. (1) Upon a request made in person or by
19 telephone, a pharmacist engaged in the business of selling drugs
20 at retail shall provide the current selling price of a drug
21 dispensed by that pharmacy or comparative current selling prices
22 of generic and brand name drugs dispensed by that pharmacy. The
23 information shall be provided to the person making the request
24 before a drug is dispensed to the person. A person who makes a
25 request for price information under this subsection shall not be
26 obligated to purchase the drug for which the price or comparative
27 prices are requested.
1 (2) A pharmacist engaged in the business of selling drugs at
2 retail shall conspicuously display the notice described in
3 subsection (3) at each counter over which prescription drugs are
4 dispensed.
5 (3) The notice required under subsection (2) shall be in
6 substantially the following form:
7 NOTICE TO CONSUMERS
8 ABOUT PRESCRIPTION DRUGS
9 Under Michigan law, you have the right to find out the price
10 of a prescription drug before the pharmacist fills the
11 prescription. You are under no obligation to have the
12 prescription filled here and may use this price information to
13 shop around at other pharmacies. You may request price
14 information in person or by telephone.
15 Every pharmacy has the current selling prices of both generic
16 and brand name drugs dispensed by the pharmacy.
17 Ask your pharmacist if a lower-cost generic drug is available
18 to fill your prescription. A generic drug contains the same
19 medicine as a brand name drug and is a suitable substitute in
20 most instances.
21 A generic drug may not be dispensed by your pharmacist if
22 your doctor has written "dispense as written" or the initials
23 "d.a.w." on the prescription.
24 If you have questions about the drugs which have been
25 prescribed for you, ask your doctor or pharmacist for more
26 information.
27 To avoid dangerous drug interactions, let your doctor and
1 pharmacist know about any other medications you are taking. This
2 is especially important if you have more than 1 doctor or have
3 prescriptions filled at more than 1 pharmacy.
4 IF YOU BELIEVE THAT A PRESCRIPTION MEDICATION ERROR MAY HAVE
5 OCCURRED IN THE DISPENSING OF YOUR PRESCRIPTION, YOU MAY CONTACT
6 THE MICHIGAN BOARD OF PHARMACY OR THE QUALITY ASSURANCE PROGRAM.
7 (4) The notice required under subsection (2) shall also
8 contain the address and phone number of the board and the
9 department. The text of the notice shall be in at least 32-point
10 bold type and shall be printed on paper at least 11 inches by 17
11 inches in size. The notice may be printed on multiple pages.
12 (5) A copy of the notice required under subsection (2) shall
13 be provided to each licensee by the department. Additional
14 copies shall be available if needed from the department. A
15 person may duplicate or reproduce the notice if the duplication
16 or reproduction is a true copy of the notice as produced by the
17 department, without any additions or deletions whatsoever.
18 (6) The pharmacist shall furnish to the purchaser of a
19 prescription drug at the time the drug is delivered to the
20 purchaser a receipt evidencing the transactions, which contains
21 the following:
22 (a) The brand name of the drug, if applicable.
23 (b) The name of the manufacturer or the supplier of the drug,
24 if the drug does not have a brand name.
25 (c) The strength of the drug, if significant.
26 (d) The quantity dispensed, if applicable.
27 (e) The name and address of the pharmacy.
1 (f) The serial number of the prescription.
2 (g) The date the prescription was originally dispensed.
3 (h) The name of the prescriber.
4 (i) The name of patient for whom the drug was prescribed.
5 (j) The price for which the drug was sold to the purchaser.
6 (7) Subsection (6)(a), (b), and (c) may be omitted by a
7 pharmacist only if the omission is expressly required by the
8 prescriber. The pharmacist shall retain a copy of each receipt
9 for 90 days. The inclusion of subsection (6) on the prescription
10 container label is a valid receipt to the purchaser. Including
11 subsection (6) on the written prescription form and retaining the
12 form constitutes retention of a copy of the receipt.
13 (8) The board may promulgate rules to implement this
14 section.
15 Sec. 17757a. (1) Upon a request made in person or by
16 telephone, a dispensing prescriber engaged in the business of
17 selling prescription drugs shall provide the current selling
18 price of a drug dispensed by that dispensing prescriber or
19 comparative current selling prices of generic and brand name
20 drugs dispensed by that dispensing prescriber. The information
21 shall be provided to the person making the request before a
22 prescription drug is dispensed to the person. A person who makes
23 a request for price information under this subsection is not
24 obligated to purchase the prescription drug for which the price
25 or comparative prices are requested.
26 (2) A dispensing prescriber engaged in the business of
27 selling prescription drugs shall conspicuously display the notice
1 described in subsection (3) in the location within the dispensing
2 prescriber's practice where the dispensing occurs.
3 (3) The notice required under subsection (2) shall be in
4 substantially the following form:
5 NOTICE TO CONSUMERS ABOUT PRESCRIPTION DRUGS
6 Under Michigan law, you have the right to find out the price
7 of a prescription drug before the doctor provides a prescription
8 drug directly to you. You are under no obligation to have the
9 prescription filled here and may use this price information to
10 shop around.
11 You may choose to have the prescription filled by your doctor
12 or the pharmacy of your choice. Your doctor may not force you to
13 have the prescription filled by the doctor. Your doctor cannot
14 charge you for medications marked "sample." Ask your doctor or
15 pharmacist if a lower-cost generic drug is available to fill your
16 prescription. A generic drug contains the same medicine as a
17 brand name drug and is a suitable substitute in most cases. If
18 you have questions about the drugs which have been prescribed for
19 you, ask your doctor or pharmacist for more information. To
20 avoid dangerous drug interactions, let your doctor and pharmacist
21 know about any other medications you are taking. This is
22 especially important if you have more than 1 doctor or have
23 prescriptions filled at more than 1 location.
24 IF YOU BELIEVE THAT A PRESCRIPTION MEDICATION ERROR MAY HAVE
25 OCCURRED IN THE DISPENSING OF YOUR PRESCRIPTION, YOU MAY CONTACT
26 THE MICHIGAN BOARD OF PHARMACY OR THE QUALITY ASSURANCE PROGRAM.
27 (4) The notice required under subsection (2) shall also
1 contain the address and phone number of the board and the
2 department. The text of the notice shall be in at least 32-point
3 bold type and shall be printed on paper at least 11 inches by 17
4 inches in size. The notice may be printed on multiple pages.
5 (5) A copy of the notice required under subsection (2) shall
6 be provided to each dispensing prescriber by the department.
7 Additional copies shall be available if needed from the
8 department. A person may duplicate or reproduce the notice if
9 the duplication or reproduction is a true copy of the notice as
10 produced by the department, without any additions or deletions.
11 Enacting section 1. Sections 17757 and 17757a of the public
12 health code, 1978 PA 368, MCL 333.17757 and 333.17757a, as
13 amended by this amendatory act, take effect upon the
14 implementation of the quality assurance program required under
15 section 17753 of the public health code, 1978 PA 368, MCL
16 333.17753, as added by this amendatory act, and receipt by the
17 secretary of state of written notice from the Michigan board of
18 pharmacy that the quality assurance program is operational.