HOUSE BILL No. 4368


     March 3, 1999, Introduced by Reps. Scranton, Brater, Martinez, Schauer, LaForge, Baird, Bogardus, Jacobs, Clarke, Jellema, Rocca, Cassis, Voorhees, Kowall, Gosselin, Birkholz, Sanborn, Tabor, Spade and Hale and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 17752 (MCL 333.17752).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 17752.  (1) A LICENSEE OR A DISPENSING PRESCRIBER SHALL

 2    PRESERVE A prescription  ,  or an equivalent record  thereof  OF

 3    THE PRESCRIPTION approved by the board  , shall be preserved by a

 4     licensee or dispensing prescriber  for not less than 5 years

 5    AFTER THE DATE THE PRESCRIPTION IS WRITTEN.

 6         (2) A prescription or AN equivalent record OF THE PRESCRIP-

 7    TION APPROVED BY THE BOARD on file in a pharmacy is not a public

 8    record.  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A PHAR-

 9    MACIST, PHARMACY EMPLOYEE, OR OTHER PERSON HAVING CUSTODY OF OR

10    ACCESS TO A PRESCRIPTION OR AN EQUIVALENT RECORD OF THE

11    PRESCRIPTION SHALL NOT DISCLOSE THE IDENTITY OF THE PATIENT FOR


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 1    WHOM THE PRESCRIPTION WAS WRITTEN TO A MANUFACTURER, A

 2    DISTRIBUTOR, OR ANY OTHER PERSON WITHOUT THE WRITTEN, INFORMED

 3    CONSENT OF THE PATIENT FOR WHOM THE PRESCRIPTION WAS ISSUED.

 4         (3) A PHARMACIST, PHARMACY EMPLOYEE, OR OTHER person having

 5    custody of or access to  prescriptions  A PRESCRIPTION OR AN

 6    EQUIVALENT RECORD OF THE PRESCRIPTION shall not disclose  their 

 7    ITS contents or provide  copies  A COPY OF THE PRESCRIPTION OR

 8    EQUIVALENT RECORD TO ANOTHER without the patient's authorization,

 9     to any person  except  to  AS FOLLOWS:

10         (a)  The  TO THE patient for whom the prescription was

11    issued, or another pharmacist acting on behalf of the patient.

12    IN DISCUSSING A PRESCRIPTION WITH THE PATIENT, A PHARMACIST OR

13    PHARMACY EMPLOYEE SHALL NOT DISCLOSE THE NAME OF THE PRESCRIBED

14    DRUG IN A MANNER THAT ALLOWS OTHER CUSTOMERS TO OVERHEAR THAT

15    INFORMATION.

16         (b)  The  TO THE authorized prescriber who issued the pre-

17    scription, or TO a licensed health professional who is currently

18    treating the patient.

19         (c)  An  TO AN agency or agent of government responsible for

20    the enforcement of laws relating to drugs and devices.

21         (d)  A  TO A person authorized by a court order.

22         (e)  A  TO A person engaged in research projects or studies

23     with protocols approved by the board  CONDUCTED IN ACCORDANCE

24    WITH 45 C.F.R. 46 AND 21 C.F.R. 50 AND 56.

25         (F) TO A PERSON REPRESENTING A PUBLIC OR PRIVATE HEALTH CARE

26    PAYMENT OR BENEFITS PLAN FOR THE PURPOSE OF PROVIDING PAYMENT OR

27    REIMBURSEMENT FOR HEALTH CARE BENEFITS OR SERVICES.



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 1         (4) A PHARMACIST OR PHARMACY OR DISPENSING PRESCRIBER WHO

 2    VIOLATES THIS SECTION IS SUBJECT TO SECTION 16221(G) AND TO THE

 3    CORRESPONDING ADMINISTRATIVE SANCTIONS PRESCRIBED BY SECTION

 4    16226.

 5         (5)  (3) A pharmacist may refill a copy of a prescription

 6    from another pharmacy if the original prescription has remaining

 7    authorized refills, and the copy is issued according to the fol-

 8    lowing procedure:

 9         (a) The pharmacist issuing a written or oral copy of a pre-

10    scription shall cancel the original prescription and record the

11    cancellation.  The record of cancellation shall include the date

12    the copy was issued, to whom issued, and the identification of

13    the pharmacist who issued the copy.

14         (b) The written or oral copy issued shall be a duplicate of

15    the original prescription except that it shall also include the

16    prescription number, the name of the pharmacy issuing the copy,

17    the date the copy was issued, and the number of authorized

18    refills remaining available to the patient.

19         (c) The pharmacist receiving a written or oral copy of the

20    prescription shall exercise reasonable diligence to determine

21    whether it is a valid copy, and having done so may treat the copy

22    as an original prescription.

23         (d) Except as described in this part, all other copies fur-

24    nished shall be used for  information  INFORMATIONAL OR REFERENCE

25    purposes only and clearly marked "for informational or reference

26    purposes only".





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 1         (6) THIS SECTION DOES NOT PROHIBIT OR RESTRICT ACCESS TO

 2    PRESCRIPTION INFORMATION FOR HEALTH RESEARCH IF PATIENT

 3    IDENTIFIERS HAVE BEEN REMOVED BY CODING OR ENCRYPTION.


















































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