May 4, 2006, Introduced by Senator HAMMERSTROM and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708),
section 17708 as amended by 2005 PA 85.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17210. The board of nursing may issue a specialty
certification to a registered professional nurse who has advanced
training beyond that required for initial licensure and who has
demonstrated competency through examination or other evaluative
processes and who practices in 1 of the following health profession
specialty fields: nurse midwifery, nurse anesthetist, or nurse
practitioner. A registered professional nurse who is issued a
specialty certification under this section has an advanced and
specialized scope of practice as described in the scope of practice
statements for nurse midwives, nurse anesthetists, and nurse
practitioners published by his or her respective national
certification body. Any modifications in the scope of practice
statements issued by the national certification body after the
effective date of the amendatory act that added this section do not
apply unless approved by the department and the board of nursing. A
nurse practitioner and a nurse midwife may, in accordance with
applicable state and federal laws, prescribe and dispense a
prescription that is within his or her scope of practice.
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
optometrist certified under part 174 to administer and prescribe
therapeutic pharmaceutical agents, a licensed registered
professional nurse with a specialty certification issued under
section 17210 who is a nurse practitioner or nurse midwife, a
licensed veterinarian, or another 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.
(3) "Prescription" means an order for a drug or device written
and signed or transmitted by other means of communication by a
prescriber to be filled, compounded, or dispensed. Prescribing is
limited to a prescriber. An order transmitted in other than written
form shall be recorded or written and immediately dated by the
pharmacist, and that record constitutes 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 constitutes for the purposes of this definition the original
prescription. Subject to section 17751(2), prescription includes,
but is not limited to, an order for a drug, not including a
controlled substance as defined in section 7104 except under
circumstances described in section 17763(e), written and signed or
transmitted by other means of communication by a physician
prescriber licensed to practice in a state other than Michigan.
(4) "Prescription drug" means 1 or more of the following:
(a) A drug dispensed pursuant to a prescription.
(b) A drug bearing the federal legend "CAUTION: federal law
prohibits dispensing without prescription".
(c) A drug designated by the board as a drug that may only be
dispensed pursuant to a prescription.
Enacting section 1. R 338.108b and R 338.2305 of the Michigan
administrative code are rescinded.