HB-4999, As Passed House, February 24, 2016HB-4999, As Passed Senate, February 24, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4999

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7405, 16192, 16201, 16349, 17708, 17751, and

17763 (MCL 333.7405, 333.16192, 333.16201, 333.16349, 333.17708,

333.17751, and 333.17763), sections 7405, 17708, and 17763 as

amended by 2012 PA 209, section 16192 as amended by 2013 PA 268,

section 16201 as amended by 1988 PA 462, section 16349 as added

by 1993 PA 79, and section 17751 as amended by 2014 PA 525.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 7405. (1) A person shall not do any of the following:

2 (a) ~~Who~~ If the person is licensed by the administrator under

3 this article, ~~shall not~~ distribute, prescribe, or dispense a

4 controlled substance in violation of section 7333.

5 (b) ~~Who~~ If the person is a licensee, ~~shall not~~ manufacture a

1 controlled substance not authorized by his or her license or

2 distribute, prescribe, or dispense a controlled substance not

3 authorized by his or her license to another licensee or other

4 authorized person, except as authorized by rules promulgated by

5 the administrator.

6 (c) ~~Shall not refuse~~ Refuse an entry into any premises for

7 an inspection authorized by this article.

8 (d) ~~Shall not knowingly~~ Knowingly keep or maintain a store,

9 shop, warehouse, dwelling, building, vehicle, boat, aircraft, or

10 other structure or place , that is frequented by persons using

11 controlled substances in violation of this article for the

12 purpose of using controlled substances , or that is used for

13 keeping or selling controlled substances in violation of this

14 article.

15 (e) ~~Who~~ If the person is a practitioner, ~~shall not~~ dispense

16 a controlled substance under a prescription written and signed;

17 written or created in an electronic format, signed, and

18 transmitted by facsimile; or transmitted electronically or by

19 other means of communication by a physician prescriber, or

20 dentist prescriber, or veterinarian prescriber licensed to

21 practice in a another state, ~~other than Michigan,~~ unless the

22 prescription is issued by a physician prescriber, or dentist

23 prescriber, or veterinarian prescriber who is authorized under

24 the laws of that state to practice dentistry, medicine, or

25 osteopathic medicine and surgery, or veterinary medicine and to

26 prescribe controlled substances.

27 (2) A person who violates subsection (1) is subject to the

1 penalties prescribed in section 7406.

2 Sec. 16192. (1) A licensee or registrant shall report to the

3 department a change in name, or mailing address, or electronic

4 mail address if the licensee or registrant has provided an

5 electronic mail address under subsection (4), not later than 30

6 days after the change occurs.

7 (2) The department may serve a notice of hearing or a

8 complaint on an applicant, licensee, or registrant in an action

9 or proceeding for a violation of this article, article 7, or

10 article 8 or a rule promulgated under this article, article 7, or

11 article 8 by regular mail and by certified mail, return receipt

12 requested, to the applicant's, licensee's, or registrant's last

13 known address, by serving the notice on the applicant, licensee,

14 or registrant, or by making a reasonable attempt to serve the

15 notice on the applicant, licensee, or registrant. For purposes of

16 this subsection, if service is by mail, service is effective 3

17 days after the date of mailing, and nondelivery does not affect

18 the validity of the service if the nondelivery was caused by the

19 refusal of the applicant, licensee, or registrant to accept

20 service.

21 (3) A license or registration is not transferable.

22 (4) If the department is required or permitted under this

23 article to deliver or serve a notice or other communication to a

24 licensee or registrant by mail, the department may deliver or

25 serve the notice or communication by electronic mail rather than

26 by first-class mail if the licensee or registrant has provided an

27 electronic mail address to the department; authorized the

1 department in writing to deliver or serve notices and

2 communications to the licensee or registrant at the electronic

3 mail address; and agreed in writing that the licensee or

4 registrant consents to the service of any notice or communication

5 sent to the electronic mail address that the department would

6 otherwise serve by mail.

7 Sec. 16201. (1) A licensee or registrant shall renew the

8 license or registration ~~shall be renewed by the licensee or~~

9 ~~registrant~~ on or before the expiration date as prescribed by

10 rule. The department shall mail a notice to the licensee or

11 registrant at the last known address on file with a board, or may

12 send the notice by electronic mail to a licensee or registrant

13 described in section 16192(4), advising of the time, procedure,

14 and fee for renewal. Failure of the licensee or registrant to

15 receive notice under this subsection does not relieve the

16 licensee or registrant of the responsibility for renewing his or

17 her license or registration.

18 (2) A license or registration not renewed by the expiration

19 date may be renewed within 60 days of after the expiration date

20 ~~upon~~ on application, payment of renewal , and late renewal fees,

21 and fulfillment of any continued competency or continuing

22 education requirements set forth in this article or rules

23 promulgated under this article. The licensee or registrant may

24 continue to practice and use the title during the 60-day time

25 period.

26 (3) If a license or registration is not renewed within 60

27 days of after the expiration date ~~pursuant to~~ under subsection

1 (2), the license or registration ~~shall be~~ is considered null and

2 void. The licensee shall not practice or use the title and a

3 registrant shall not use the title. Except as otherwise provided

4 by rule, a person may be relicensed or reregistered within 3

5 years of after the expiration date ~~upon~~ on application, payment

6 of the application processing, renewal, and late renewal fees,

7 and fulfillment of any continued competency or continuing

8 education requirements in effect ~~at the time of~~ on the expiration

9 date, or ~~which~~ that would have been required had the individual

10 renewed his or her license or registration ~~pursuant to~~ under

11 subsection (1). A temporary license or registration may be issued

12 under section 16181 pending the results of action taken under

13 this subsection.

14 (4) Except as otherwise provided in this article or by rule,

15 a person may be relicensed or reregistered more than 3 years

16 after the expiration date ~~upon~~ on application as a new applicant,

17 meeting all licensure or registration requirements in effect at

18 the time of application, taking or retaking and passing any

19 examinations required for initial licensure or registration, and

20 payment of fees required of new applicants.

21 (5) The expiration or surrender of a license or registration

22 does not terminate the board's authority to impose sanctions on

23 the licensee or registrant whose license or registration has

24 expired or been surrendered.

25 Sec. 16349. Fees for a person licensed or seeking licensure

26 to engage in the practice of veterinary medicine or licensed or

27 seeking licensure to practice as a veterinary technician under

1 part 188 are as follows:

2 (a) Application processing fees:

3 (i) Veterinarian...........................~~$ 20.00~~$ 25.00

4 (ii) Veterinary technician......................~~10.00~~15.00

5 (b) Examination fees:

6 (i) Veterinary technician, complete.............. 130.00

7 (ii) Veterinary technician, per part.............. 65.00

8 (c) License fees, per year:

9 (i) Veterinarian...............................~~50.00~~70.00

10 (ii) Veterinary technician......................~~20.00~~40.00

11 (d) Temporary license fees:

12 (i) Veterinarian................................. 25.00

13 (ii) Veterinary technician........................ 10.00

14 (e) Limited licenses, per year:

15 (i) Veterinarian................................. 25.00

16 (ii) Veterinary technician........................ 10.00

17 (f) Examination review........................... 20.00

18 Sec. 17708. (1) "Preceptor" means a pharmacist approved by

19 the board to direct the training of an intern in an approved

20 pharmacy.

21 (2) "Prescriber" means a licensed dentist, a licensed doctor

22 of medicine, a licensed doctor of osteopathic medicine and

23 surgery, a licensed doctor of podiatric medicine and surgery, a

24 licensed optometrist certified under part 174 to administer and

25 prescribe therapeutic pharmaceutical agents, a licensed

26 veterinarian, or another licensed health professional acting

27 under the delegation and using, recording, or otherwise

28 indicating the name of the delegating licensed doctor of medicine

1 or licensed doctor of osteopathic medicine and surgery.

2 (3) "Prescription" means an order by a prescriber to fill,

3 compound, or dispense a drug or device written and signed;

4 written or created in an electronic format, signed, and

5 transmitted by facsimile; or transmitted electronically or by

6 other means of communication. An order transmitted in other than

7 written or hard-copy form ~~shall~~ must be electronically recorded,

8 printed, or written and immediately dated by the pharmacist, and

9 that record constitutes the original prescription. In a health

10 facility or agency licensed under article 17 or other medical

11 institution, an order for a drug or device in the patient's chart

12 constitutes for the purposes of this definition the original

13 prescription. Subject to section 17751(2) and (5), prescription

14 includes, but is not limited to, an order for a drug, not

15 including a controlled substance as defined in section 7104

16 except under circumstances described in section 17763(e), written

17 and signed; written or created in an electronic format, signed,

18 and transmitted by facsimile; or transmitted electronically or by

19 other means of communication by a physician prescriber, or

20 dentist prescriber, or veterinarian prescriber licensed to

21 practice dentistry, medicine, or osteopathic medicine and

22 surgery, or veterinary medicine in a another state. ~~other than~~

23 ~~Michigan.~~

24 (4) "Prescription drug" means a drug to which 1 or more of

25 the following apply:

26 (a) A The drug is dispensed pursuant to a prescription.

27 (b) A The drug ~~bearing~~ bears the federal legend "CAUTION:

1 federal law prohibits dispensing without prescription" or "Rx

2 only".

3 (c) A The drug is designated by the board as a drug that may

4 only be dispensed pursuant to a prescription.

5 Sec. 17751. (1) A pharmacist shall not dispense a drug

6 requiring a prescription under the federal act or a law of this

7 state except under authority of an original prescription or an

8 equivalent record of an original prescription approved by the

9 board.

10 (2) Subject to subsection (5), a pharmacist may dispense a

11 prescription written and signed; written or created in an

12 electronic format, signed, and transmitted by facsimile; or

13 transmitted electronically or by other means of communication by

14 a physician prescriber, or dentist prescriber, or veterinarian

15 prescriber in a another state, ~~other than Michigan,~~ but not

16 including a prescription for a controlled substance as defined in

17 section 7104 except under circumstances described in section

18 17763(e), only if the pharmacist in the exercise of his or her

19 professional judgment determines all of the following:

20 (a) Except as otherwise authorized under section 5110,

21 17744a, or 17744b, if the prescriber is a physician or dentist,

22 that the prescription was issued pursuant to an existing

23 physician-patient or dentist-patient relationship.

24 (b) That the prescription is authentic.

25 (c) That the prescribed drug is appropriate and necessary

26 for the treatment of an acute, chronic, or recurrent condition.

27 (3) A pharmacist or a prescriber shall dispense a

1 prescription only if the prescription falls within the scope of

2 practice of the prescriber.

3 (4) A pharmacist shall not knowingly dispense a prescription

4 after the death of the prescriber or patient.

5 (5) A pharmacist shall not dispense a drug or device under a

6 prescription transmitted by facsimile or created in electronic

7 format and printed out for use by the patient unless the document

8 is manually signed by the prescriber. This subsection does not

9 apply to a prescription that is transmitted by a computer to a

10 facsimile machine if that prescription complies with section

11 17754.

12 (6) After consultation with and agreement from the

13 prescriber, a pharmacist may add or change a patient's address,

14 dosage form, drug strength, drug quantity, directions for use, or

15 issue date with regard to a prescription. A pharmacist shall note

16 the details of the consultation and agreement required under this

17 subsection on the prescription and shall maintain that

18 documentation with the prescription as required in section 17752.

19 A pharmacist shall not change the patient's name, controlled

20 substance prescribed unless authorized to dispense a lower cost

21 generically equivalent drug product under section 17755, or the

22 prescriber's signature with regard to a prescription.

23 (7) A prescription that is contained within a patient's

24 chart in a health facility or agency licensed under article 17 or

25 other medical institution and that is transmitted to a pharmacy

26 under section 17744 is the original prescription. If all other

27 requirements of this part are met, a pharmacist shall dispense a

1 drug or device under a prescription described in this subsection.

2 A pharmacist may dispense a drug or device under a prescription

3 described in this subsection even if the prescription does not

4 contain the quantity ordered. If a prescription described in this

5 subsection does not contain the quantity ordered, the pharmacist

6 shall consult with the prescriber to determine an agreed-upon

7 quantity. The pharmacist shall record the quantity dispensed on

8 the prescription and shall maintain that documentation with the

9 prescription as required in section 17752.

10 Sec. 17763. In addition to the grounds set forth in part

11 161, the disciplinary subcommittee may fine, reprimand, or place

12 a pharmacist licensee on probation, or deny, limit, suspend, or

13 revoke the license of a pharmacist or order restitution or

14 community service for a violation or abetting in a violation of

15 this part or rules promulgated under this part, or for 1 or more

16 of the following grounds:

17 (a) Permitting the dispensing of prescriptions by an

18 individual who is not a pharmacist, pharmacist intern, or

19 dispensing prescriber.

20 (b) Permitting the dispensing of prescriptions by a

21 pharmacist intern, except in the presence and under the personal

22 charge of a pharmacist.

23 (c) Selling at auction drugs in bulk or in open packages

24 unless the sale has been approved in accordance with rules of the

25 board.

26 (d) Promoting a prescription drug to the public in any

27 manner.

1 (e) In addition to the prohibition contained in section

2 7405(1)(e), dispensing a prescription for a controlled substance

3 as defined in section 7104 that is written and signed; written or

4 created in an electronic format, signed, and transmitted by

5 facsimile; or transmitted electronically or by other means of

6 communication by a physician prescriber, or dentist prescriber,

7 or veterinarian prescriber in a another state, ~~other than~~

8 ~~Michigan,~~ unless the prescription is issued by a physician

9 prescriber, or dentist prescriber, or veterinarian prescriber who

10 is authorized under the laws of that state to practice dentistry,

11 medicine, or osteopathic medicine and surgery, or veterinary

12 medicine and to prescribe controlled substances.

13 Enacting section 1. Section 16349 of the public health code,

14 1978 PA 368, MCL 333.16349, as amended by this amendatory act,

15 applies to licensing fees required to be paid after December 31,

16 2018.

17 Enacting section 2. This amendatory act takes effect 90 days

18 after the date it is enacted into law.

19 Enacting section 3. This amendatory act does not take effect

20 unless House Bill No. 4408 of the 98th Legislature is enacted

21 into law.