Michigan Compiled Laws
368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780)
Section 333.17754a - Electronic Transmission of Prescription; Conditions; Information; Confidentiality; Professional Judgment as to Accuracy, Validity, and Authenticity; Exceptions; Waiver; Rules; Delayed Implementation.

Sec. 17754a.
(1) Except as otherwise provided under article 8, the federal act, or subsection (5), and subject to subsection (10), beginning October 1, 2021, a prescriber or his or her agent shall electronically transmit a prescription, including a prescription for a controlled substance, directly to a pharmacy of the patient's choice. A prescription that is transmitted electronically under this section must be in compliance with the health insurance portability and accountability act of 1996, Public Law 104-191, or regulations promulgated under that act, 45 CFR parts 160 and 164, and the data must not be altered or modified in the transmission process. The electronically transmitted prescription must include all of the following information:
(a) The name, address, and telephone number of the prescriber.
(b) Except as otherwise authorized under section 5110, 17744a, or 17744b, the full name of the patient for whom the prescription is issued.
(c) An electronic signature or other identifier that specifically identifies and authenticates the prescriber or his or her agent.
(d) The time and date of the transmission.
(e) The identity of the pharmacy intended to receive the transmission.
(f) Any other information required by the federal act or state law.
(2) The electronic equipment or system utilized in the transmission and communication of prescriptions under this section must provide adequate confidentiality safeguards and be maintained to protect patient confidentiality as required under any applicable federal and state law and to ensure against unauthorized access. The electronic transmission of a prescription under this section must be communicated in a retrievable, recognizable form acceptable to the intended recipient. The electronic form utilized in the transmission of a prescription must not include "dispense as written" or "d.a.w." as the default setting.
(3) Before dispensing a prescription that is electronically transmitted under this section, the pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the transmitted prescription.
(4) An electronically transmitted prescription that meets the requirements of this section is the original prescription.
(5) The requirement to transmit a prescription electronically under subsection (1) does not apply under any of the following circumstances:
(a) If the prescription is issued by a prescriber who is a veterinarian licensed under this article.
(b) If the prescription is issued under a circumstance in which electronic transmission is not available due to a temporary technological or electrical failure.
(c) If the prescription is issued by a prescriber who has received a waiver from the department under subsection (7).
(d) If the prescription is issued by a prescriber who reasonably believes that electronically transmitting the prescription would make it impractical for the patient who is the subject of the prescription to obtain the prescription drug in a timely manner and that the delay would adversely affect the patient's medical condition. A prescriber who does not electronically transmit a prescription under this subdivision shall document the specific reason for his or her belief that the delay would adversely affect the patient's medical condition.
(e) If the prescription is orally prescribed under section 7333(3) or (4).
(f) If the prescription is issued by a prescriber to be dispensed outside of this state.
(g) If the prescription is issued by a prescriber who is located outside of this state to be dispensed by a pharmacy located inside of this state.
(h) If the prescription is issued and dispensed in the same health care facility and the individual for whom the prescription is issued uses the drug exclusively in the health care facility. As used in this subdivision, "health care facility" includes, but is not limited to, any of the following:
(i) A hospital.
(ii) A hospice.
(iii) A dialysis treatment clinic.
(iv) A freestanding surgical outpatient facility.
(v) A skilled nursing facility.
(vi) A long-term care facility that provides rehabilitative, restorative, or ongoing skilled nursing care to an individual who is in need of assistance with activities of daily living.
(i) If the prescription contains content that is not supported by the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard.
(j) If the prescription is for a drug for which the FDA requires the prescription to contain content that cannot be transmitted electronically.
(k) If the prescription is issued under circumstances in which the prescriber is not required to include on the prescription a name of a patient for whom the prescription is issued including, but not limited to, a prescription issued under section 5110.
(l) If the prescription is issued by a prescriber who is prescribing the drug under a research protocol.
(m) If the prescription is dispensed by a dispensing prescriber.
(n) If the prescription is for a dialysis-related drug that is administered as part of or incident to a home-based dialysis treatment.
(6) If a prescriber has not been granted a waiver from the department under subsection (7) and the prescriber does not electronically transmit a prescription under an exception described in subsection (5), the prescriber shall document the applicable exception and provide that documentation to the department on request.
(7) If a prescriber cannot meet the requirements of subsection (1) or (2), the prescriber may apply to the department for a waiver in a form and manner required by the department. The department shall establish by rule the requirements for obtaining a waiver under this subsection. The rules must not establish requirements that are more stringent than any requirements used by the federal Centers for Medicare and Medicaid Services for waiving the Medicare requirement for the electronic transmission of controlled substance prescriptions. If a prescriber provides evidence satisfactory to the department that the prescriber has received a waiver of the Medicare requirement for the electronic transmission of controlled substances prescriptions from the federal Centers for Medicare and Medicaid Services, the department shall grant a waiver to the prescriber under this subsection. A waiver that is granted by the department under this subsection is valid for a period not to exceed 2 years and is renewable.
(8) A pharmacist who receives a prescription that was not transmitted electronically to the pharmacy may dispense the prescription without determining whether an exception under subsection (5) applies.
(9) The department, in consultation with the board, shall promulgate rules to implement this section.
(10) If the federal Centers for Medicare and Medicaid Services delays the Medicare requirement for the electronic transmission of prescriptions for controlled substances beyond October 1, 2021, then the department shall delay the implementation date of subsection (1) to the date established by the federal Centers for Medicare and Medicaid Services for the Medicare requirement.
History: Add. 2020, Act 134, Imd. Eff. July 8, 2020 ;-- Am. 2021, Act 94, Imd. Eff. Oct. 29, 2021 Popular Name: Act 368

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 333 - Health

Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)

Article 15 - Occupations (333.16101...333.18838)

368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780)

Section 333.17701 - Meanings of Words and Phrases; General Definitions and Principles of Construction.

Section 333.17702 - Definitions; a to C.

Section 333.17703 - Definitions; D, E.

Section 333.17704 - Definitions; F to I.

Section 333.17705 - Definitions; L.

Section 333.17706 - Definitions; M, O.

Section 333.17707 - Definitions; P.

Section 333.17708 - Definitions; P to R.

Section 333.17708.amended - Definitions; P to R; Limitation on Prescription of Pharmacological Agents.

Section 333.17709 - Definitions; S to W.

Section 333.17711 - Practice of Pharmacy or Pharmacy Technician; License or Authorization Required; Use of Words, Titles, or Letters.

Section 333.17713 - Temporary Regulations of Pharmacists and Prescriptions During Qualified Order or Declaration; Definitions.

Section 333.17721 - Michigan Board of Pharmacy; Creation; Membership; Terms.

Section 333.17722 - Michigan Board of Pharmacy; Duties Generally.

Section 333.17723 - Pilot Project to Maintain or Improve Patient Care in Delivery of Pharmacy Services and Improving Patient Outcomes.

Section 333.17726 - Certificate of Licensure; Issuance.

Section 333.17731 - Renewal of Pharmacist or Pharmacy Technician License; Continuing Education; Rules.

Section 333.17733 - Relicensure of Pharmacist; Requirements.

Section 333.17737 - Rules Establishing Standards for Internship Program; Limited License Required.

Section 333.17739 - Pharmacy Technician; Functions; Licensure.

Section 333.17739a - Pharmacy Technician; Licensure; Requirements; Exemption From Certain Requirements.

Section 333.17739b - Pharmacy Technician; Temporary License.

Section 333.17739c - Pharmacy Technician; Limited License.

Section 333.17741 - Pharmacy License Required; Personal Charge of Pharmacy by Pharmacist; Responsibility for Compliance With Laws; Control and Personal Charge of Pharmacy Services; Remote Pharmacy Exception; Effect of Violation on Pharmacy License.

Section 333.17742 - Disclosure; "Applicant" Defined.

Section 333.17742a - Remote Pharmacy; Operation; Licensure Requirements; Location Waiver; Exception.

Section 333.17742b - Staffing of Remote Pharmacy; Requirements; Written Policy and Procedure Manual; Public Notice Display; Operation Requirements and Limitations; "Qualified Pharmacy Technician" Defined.

Section 333.17743 - Pharmacy License; Contents; Duration.

Section 333.17744 - Designation of Agent by Prescriber; Issuance of Prescription; Limitation; Transmission of Prescription to Pharmacy.

Section 333.17744a - Auto-Injectable Epinephrine; Prescribing or Issuing to Authorizing Entity.

Section 333.17744b - Prescribing, Possessing, or Dispensing Opioid Antagonist; Liability.

Section 333.17744c - Person Administering Opioid Antagonist Under Certain Conditions; Immunity From Criminal Prosecution or Sanction.

Section 333.17744d - Auto-Injectable Epinephrine; Storage, Maintenance, General Oversight, and Use by Designated Employee or Agent; Training Program; Certificate; Liability; Report; Administration by Person Other Than Employee, Agent, or Individual D...

Section 333.17744e - Dispensing Opioid Antagonist to Individual Pursuant to Standing Order Issued by Chief Medical Executive; "Community-Based Organization" Defined.

Section 333.17744f - Dispensing Emergency Supply of Insulin; Requirements; Limitation; Liability; Rules; Definitions.

Section 333.17745 - Drug Control License; Patient's Chart or Clinical Record to Include Record of Drugs Dispensed; Delegating Authority to Dispense Drugs; Storage of Drugs; Container; Label; Complimentary Starter Dose Drug; Information; Compliance Wi...

Section 333.17745a - Definitions; Public Health Program Without On-Site Pharmacy; Individuals Delegated Authority to Dispense Prescriptions; Delegating Delivery of Certain Oral Contraceptives; Circumstances; Delegating Delivery of Methadone.

Section 333.17745b - Industrial Clinic or Prescriber Practice Without On-Site Pharmacy; Dispensing Prescription Drug.

Section 333.17746 - Hospice Emergency Care Services in Patients' Homes; Medication Box Exchange Program.

Section 333.17747 - Drug Control License; Contents; Duration; Renewal; Conditions; License as Automatically Void.

Section 333.17748 - Pharmacy, Manufacturer, Wholesale Distributor; or Wholesale Distributor-Broker, License Required; Compounding Services; Renewal; Designation of Pharmacist in Charge; Joint Responsibility; Exemption; Report of Change in Ownership,...

Section 333.17748a - Compounding Services for Sterile Pharmaceuticals; Accreditation; Notification of Complaint; Maintenance and Retention of Records; Resale of Excess Compounded Pharmaceuticals Prohibited; Distribution of Samples or Complimentary St...

Section 333.17748b - Compounding Nonsterile or Sterile Pharmaceuticals for Prescriber or Health Facility or Agency to Administer to Patients Without Prescription; Authorization; Report of Adverse Event; List of Authorized Pharmacies and Pharmacists;...

Section 333.17748c - Compounding Pharmaceutical; Commercial Availability.

Section 333.17748d - Violation of MCL 333.17748a or 17748b; Penality.

Section 333.17748e - Out-of-State Pharmacy; Facilitation of Delivery or Trade; Use of Wholesale Distributor-Broker; Requirements; Liability; License Requirements; Transaction Records; Notification; Investigation; Definitions.

Section 333.17748f - Licensure of a Pharmacy as a Wholesale Distributor or Manufacturer; Requirements.

Section 333.17749 - Dispensing of Diagnostic or Therapeutic Pharmaceutical Agents by Wholesale Distributor or Pharmacist to Optometrist; Condition; “Therapeutic Pharmaceutical Agent” and “Diagnostic Pharmaceutical Agent” Defined.

Section 333.17750 - Person Who Distributes Complimentary Starter Doses to Prescribers; Records; Access by Board; “Complimentary Starter Dose” Defined.

Section 333.17750a - Dispensing of Prescription for Therapeutic Pharmaceutical Agent by Pharmacist.

Section 333.17751 - Dispensing Prescription Drug or Device Requiring Prescription; Requirements; Exception.

Section 333.17751.amended - Dispensing Prescription Drug or Device Requiring Prescription; Requirements; Exceptions.

Section 333.17752 - Prescription or Equivalent Record; Preservation; Disclosure; Providing Copies; Refilling Copy; Applicability of Subsection (3) to Pharmacies Sharing Real-Time, On-Line Database and Remote Pharmacies; "Equivalent Record" Defined.

Section 333.17753 - Centralized Prescription Processing; Conditions for Performing or Contracting; Maintenance of Policy and Procedures Manual; Definition.

Section 333.17754 - Electronic Transmission of Prescription; Conditions; Information; Confidentiality; Professional Judgment as to Accuracy, Validity, and Authenticity; Original Prescription; Inapplicable After October 1, 2021.

Section 333.17754a - Electronic Transmission of Prescription; Conditions; Information; Confidentiality; Professional Judgment as to Accuracy, Validity, and Authenticity; Exceptions; Waiver; Rules; Delayed Implementation.

Section 333.17755 - Dispensing Lower Cost Generically Equivalent Drug Product or Interchangeable Biological Drug Product; Notice; Contents of Prescription Label; Limitation; Restrictions; Limitation on Total Charge; Communication to Be Provided Presc...

Section 333.17756 - Label on Prescription; Contents.

Section 333.17757 - Price Information; Prohibited Conduct; Notice; Receipt Evidencing Transactions; Omission; Retention of Copy of Receipt; Rules.

Section 333.17757a - Providing Selling Price of Drugs Dispensed Upon Request; Notice to Consumers About Prescription Drugs; Contents; Form; Display; Copies.

Section 333.17757b - Contracts With Pharmacy Benefit Managers; Prohibited Terms.

Section 333.17758 - Repealed. 1986, Act 304, Eff. Mar. 31, 1987.

Section 333.17759 - Dispensing Harmful Drug; Requirements.

Section 333.17760 - Operation of Automated Device Not Located at Same Address as Pharmacy; Control and Supervision by Pharmacist; Delegation of Tasks.

Section 333.17761 - Display of Notice; Dispensing Prescription in Safety Closure Container.

Section 333.17762 - Misbranded Prescription.

Section 333.17763 - Grounds for Fine, Reprimand, or Probation; Grounds for Denying, Limiting, Suspending, or Revoking License.

Section 333.17764 - Conduct Constituting Misdemeanor; Violation; Penalty; Other Violations.

Section 333.17765 - Adulteration or Misbranding; Guaranty or Undertaking as Protection Against Penalties for Violation; Exception; Notice to Seller, Manufacturer, or Wholesale Distributor.

Section 333.17766 - Additional Conduct Constituting Misdemeanor.

Section 333.17766a - Repealed. 2001, Act 236, Imd. Eff. Jan. 3, 2002.

Section 333.17766b - Repealed. 2001, Act 231, Eff. Jan. 6, 2003.

Section 333.17766c - Purchase or Possession of Ephedrine or Pseudoephedrine or Mixture Prohibited; Violation; Penalty; Exceptions.

Section 333.17766d - Pharmacy Operated by Department of Corrections or Under Contract With County Jail; Resale or Redistribution of Prescription Drug; Definitions.

Section 333.17766e - Sale of Ephedrine or Pseudoephedrine; Requirements of Retail Distributor; Exceptions; Violation; Fine; Report.

Section 333.17766f - Possession of Products Containing Ephedrine or Pseudoephedrine; Prohibited Conduct; Exceptions; Violation; Penalty; Affirmative Defense; Rebuttal; Conflict of Local Requirements With Section.

Section 333.17766g - Sale, Trade, or Purchase of Dextromethorphan to Minor; Prohibition; Exception for Valid Prescription; Preemption; Violation; Civil Infraction and Fine.

Section 333.17767 - Rules and Determinations as to Licensing.

Section 333.17768 - Grounds for Fine, Reprimand, or Probation, or for Denying, Limiting, Suspending, or Revoking License or Ordering Restitution or Community Service; Applicability of Subsection (2)(b).

Section 333.17770 - Exceptions.

Section 333.17775 - "Program for Utilization of Unused Prescription Drugs"; Definitions; Unused Prescription Drug Repository and Distribution Program; Rules; Standards and Procedures.

Section 333.17776 - Destruction and Disposal of Certain Drugs and Medications.

Section 333.17780 - Cancer Drug Repository Program.