SENATE BILL NO. 384

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 17745a (MCL 333.17745a), as amended by 2016 PA 379.

the people of the state of michigan enact:

Sec. 17745a. (1) As used in this section:

(a) "Medicaid" means the program of medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-5.1396w-8.

(b) "Medicare" means the federal Medicare program established under title XVIII of the social security act, 42 USC 1395 to 1395lll.

(c) "Public health program" means 1 of the following:

(i) A local health department.

(ii) A migrant health center or a community health center as that term is defined under 42 USC 254b. and 254c.

(iii) A family planning program designated by the department of health and human services as a provider type 23 under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and verified by the department of health and human services.

(iv) A methadone treatment program licensed under article 6.

(v) A rural health clinic.

(vi) A hospice rendering emergency care services in a patient's home as described in section 17746.

(vii) A county jail if the county jail provides medical care to inmates.

(d) "Rural health clinic" means a rural health clinic as that term is defined in section 42 USC 1395x that is certified to participate in Medicaid and Medicare.

(2) Except as otherwise provided in subsections (3) and (4) and subject to subsection (5), in a public health program without an on-site pharmacy, a dispensing prescriber may delegate the dispensing of prescription drugs only to a registered professional nurse licensed under part 172.

(3) In Except as otherwise provided in subsections (4) and (5), in a public health program without an on-site pharmacy, a dispensing prescriber may delegate the delivery of prescription drugs consisting only of prelabeled, prepackaged oral contraceptives under the following circumstances:

(a) The delivery is delegated to an appropriately trained individual.

(b) The delivery is performed pursuant to specific, written protocols.

(4) In a methadone treatment program licensed under article 6 without an on-site pharmacy, a dispensing prescriber may delegate the delivery of a prescription drug consisting only of 1 or more single doses of methadone, up to the maximum number of single doses allowed by law, to a registered client of the methadone treatment program, if all of the following requirements are met:

(a) The delivery is delegated to a registered professional nurse or a licensed practical nurse licensed under part 172.

(b) The delivery is performed pursuant to specific, written protocols.

(c) The prescription drug described in this subsection is labeled in accordance with section 17745.

(5) In a county jail described in subsection (1)(c)(vii), a dispensing prescriber who is under contract with the county jail may delegate the delivery of prescription drugs associated with a medically assisted treatment program if any of the following apply:

(a) The delivery is to an inmate of the county jail.

(b) If an inmate of the county jail is being released from the custodial environment of the county jail, the delivery of the prescription drug is to the inmate and consists of a quantity that will provide the inmate with not more than a 30-day supply of the prescription drug.