April 2, 2009, Introduced by Reps. Hansen, Elsenheimer, Marleau, Rick Jones and Ball and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17751 (MCL 333.17751), as amended by 2006 PA
672.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17751. (1) 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.
(2) A pharmacist may dispense a prescription written and
signed or transmitted by facsimile, electronic transmission, or
other means of communication by a physician prescriber in a state
other than Michigan, but not including a prescription for a
controlled substance as defined in section 7104 except under
circumstances described in section 17763(e), only if the pharmacist
in the exercise of his or her professional judgment determines all
of the following:
(a) That the prescription was issued pursuant to an existing
physician-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 prescription
only if the prescription falls within the scope of practice of the
prescriber.
(4) A pharmacist shall not knowingly dispense a prescription
after the death of the prescriber or patient.
(5) A pharmacist shall not dispense a prescription unless the
patient or the patient's authorized representative produces a valid
photographic identification issued by this state, another state,
the federal government, or an institution of higher education in
this state described in section 4, 5, or 6 of article VIII of the
state constitution of 1963 or a junior college or community college
established under section 7 of article VIII of the state
constitution of 1963. As used in this subsection, "authorized
representative" means a parent, guardian, or person acting in loco
parentis if the patient is a minor, a member of the immediate
family, the next of kin, or an individual who is designated as a
patient advocate and given explicit written authorization to act on
the patient's behalf in regard to medical treatment or, as
applicable, mental health treatment.