House Bill 6024

First Committee: Health Policy

Second Committee: Consumer Protection

Complete to 9-17-98

A SUMMARY OF HOUSE BILL 6024 AS INTRODUCED 9-15-98

The bill would amend the Public Health Code provisions regarding pharmacy practice and drug control to prevent a prescription or equivalent record from being disclosed to a drug manufacturer or distributor without the patient's consent. Current law requires that a prescription or an equivalent record be kept by the licensed or dispensing prescriber for five years (the bill would specify that this time period was to run from the date the prescription was received). The law indicates that such records are not public but does list a limited number of situations where disclosure of such records is allowed. In addition to the established provisions for the release of this information, the bill would prohibit a pharmacist, pharmacy employee, or other person with custody of or access to a prescription or equivalent record from disclosing the prescription's contents to a drug manufacturer or distributor without the patient's written, informed consent. A pharmacist or pharmacy that violated the record keeping requirements or the restrictions against release of the information could be subject to investigation by the Department of Consumer and Industry Services, and could be subject to reprimand; probation; license denial, suspension, revocation, or limitation; restitution; community service; or a fine.

MCL 333.17752

Analyst: W. Flory

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.