SENATE BILL No. 270

 

 

March 23, 2017, Introduced by Senators BIEDA, SHIRKEY, GREGORY, ROCCA, CONYERS, HERTEL, ANANICH, KNOLLENBERG, NOFS, SCHUITMAKER, HOOD and KOWALL and referred to the Committee on Health Policy.

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 7303a (MCL 333.7303a), as amended by 2016 PA

 

379, and by adding section 16203.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7303a. (1) A prescriber who holds a controlled substances

 

license may administer or dispense a controlled substance listed in

 

schedules 2 to 5 without a separate controlled substances license

 

for those activities.

 

     (2) Except as otherwise provided in rules promulgated under

 

section 16203, beginning March 31, 2018, a licensed prescriber

 

shall not prescribe a controlled substance listed in schedules 2 to

 

5 unless the prescriber is in a bona fide prescriber-patient

 

relationship with the patient for whom the controlled substance is

 

being prescribed.

 

     (3) (2) Before prescribing or dispensing a controlled

 

substance to a patient, a licensed prescriber shall ask the patient

 

about other controlled substances the patient may be using. The

 

prescriber shall record the patient's response in the patient's

 

medical or clinical record.

 

     (4) (3) A licensed prescriber who dispenses controlled

 

substances shall maintain all of the following records separately

 

from other prescription records:

 

     (a) All invoices and other acquisition records for each

 

controlled substance acquired by the prescriber for not less than 5

 

years after the date the prescriber acquires the controlled

 

substance.

 

     (b) A log of all controlled substances dispensed by the

 

prescriber for not less than 5 years after the date the controlled

 

substance is dispensed.

 

     (c) Records of all other dispositions of controlled substances

 

under the licensee's control for not less than 5 years after the

 

date of the disposition.

 

     (5) (4) The requirement under section 7303 for a license is

 

waived in the following circumstances:

 

     (a) When a controlled substance listed in schedules 2 to 5 is

 

administered on the order of a licensed prescriber by an individual

 

who is licensed under article 15 as a practical nurse or a

 

registered professional nurse.

     (b) When methadone or a methadone congener is dispensed on the

 

order of a licensed prescriber in a methadone treatment program

 

licensed under article 6 or when a controlled substance listed in

 

schedules 2 to 5 is dispensed on the order of a licensed prescriber

 

in a hospice rendering emergency care services in a patient's home

 

as described in section 17746 by a registered professional nurse

 

licensed under article 15.

 

     (6) As used in this section, "bona fide prescriber-patient

 

relationship" means a treatment or counseling relationship between

 

a prescriber and a patient in which all of the following are

 

present:

 

     (a) The prescriber has reviewed the patient's relevant medical

 

or clinical records and completed a full assessment of the

 

patient's medical history and current medical condition, including

 

a relevant, in-person, medical evaluation of the patient.

 

     (b) The prescriber has created and maintained records of the

 

patient's condition in accordance with medically accepted

 

standards.

 

     (c) The prescriber has a reasonable expectation that he or she

 

will provide follow-up care to the patient to monitor the efficacy

 

of the use of a controlled substance as a treatment of the

 

patient's medical condition.

 

     (d) If the patient has given permission to the prescriber, the

 

prescriber has notified the patient's primary care physician, if

 

any, of the patient's medical condition.

 

     Sec. 16203. By 1 year after the effective date of the

 

amendatory act that added this section, the department in

consultation with the Michigan board of medicine, the Michigan

 

board of osteopathic medicine and surgery, the Michigan board of

 

dentistry, the Michigan board of podiatric medicine and surgery,

 

the Michigan board of optometry, and the Michigan task force on

 

physician's assistants, shall promulgate rules describing the

 

circumstances under which a bona fide prescriber-patient

 

relationship is not required for purposes of prescribing a schedule

 

2 to 5 controlled substance under section 7303a(2). The rules must

 

include an alternative requirement for prescribing a schedule 2 to

 

5 controlled substance when a bona fide prescriber-patient

 

relationship is not required by the rules promulgated under this

 

section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.