STATE LEGISLATION/REGULATION

MICNP LEGISLATIVE UPDATE

February 2018

To impact the current opioid epidemic in our state, Michigan lawmakers have passed several new laws addressing the prescribing of opioids and other controlled substances.  On December 27, 2017, the Lieutenant Governor signed these bills into law which go into effect throughout 2018.  Below, please find a brief summary of the recent changes, or click HERE for more detailed information, FAQs, and links to the legislation as published by the MI Dept. of Licensing & Regulatory Affairs (LARA). 

SUMMARY

Public Act 246 of 2017 (House Bill 4408)
Public Act 246 adds a section to the Public Health Code to require a prescriber to discuss certain issues and obtain a signed parental consent form before issuing the first prescription to a minor in a single course of treatment for a controlled substance containing an opioid. 
•The Act amends two existing sections to make failure to comply with these requirements a violation punishable by probation, limitation, denial, fine, suspension, revocation, or permanent revocation of the prescriber’s license. 
•The Act also adds a section to require prescribers or health professionals to provide certain information and obtain a signed acknowledgment before prescribing an opioid to any patient.

Public Act 248 & 249 of 2017 (Senate Bill 166 & 167)
Public Act 248 amends the Public Health Code to require a licensed prescriber to obtain and review a patient's Michigan Automated Prescription System (MAPS) report before prescribing a Schedule 2 through 5 controlled substance[1] to the patient, with certain exceptions.  
•The Act includes violation of that requirement as grounds for disciplinary action under the Code.
Public Act 249 amends the Public Health Code to provide that, beginning March 31, 2018, a licensed provider may 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 being prescribed the controlled substance.

Public Act 251 of 2017 (Senate Bill 274)
Public Act 251 amends the Public Health Code to allow a pharmacist to fill partially in increments a prescription for a Schedule 2 controlled substance in certain situations.  It would also limit the supply of an opioid a prescriber could prescribe to a patient being treated for acute pain, beginning July 1, 2018. 

Public Act 247 of 2017 (Senate Bill 270)
Public Act 247 requires a bona fide prescriber-patient relationship before a licensed prescriber could prescribe a schedule 2 to 5 controlled substance, with certain exceptions.  

Public Act 250 of 2017 (Senate Bill 273)
•Public Act 250 amends the Public Health Code to require a licensee or registrant who treats a patient for an opioid-related overdose to provide information to the patient on substance use disorder services. 
Public Act 252 of 2017 (Senate Bill 47)
•Public Act 252 requires the Department of Licensing and Regulatory Affairs (LARA) to establish by rule an electronic system for monitoring the dispensing of schedule 2 to 5 controlled substances by pharmacists, dispensing prescribers (ex. nurse practitioners), or veterinarians.

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January 2017


House Bill 5400 was signed by MI Governor Snyder on 1/9/17! Click HERE to see a photo of the signing (MICNP Past President Ann Sheehan is on the far right).

HB 5400 was introduced in February 2016 by State Representative Ken Yonker to:

  • Add Clinical Nurse Specialists (CNSs) to the Michigan Public Health Code, allowing for specialty certification for their profession and adding them to the MI Board of Nursing
  • Allow NPs, CNMs and CNSs to prescribe physical therapy, speech therapy and order restraints
  • Allow NPs, CNMs and CNSs to prescribe Schedule II-V drugs under delegation and non-scheduled drugs autonomously

HB 5400 was recommended favorably by the Michigan House Health Policy Committee on September 20, 2016 with a unanimous vote, passed the Michigan House of Representatives on November 29, 2016 with a vote of 102-5.  The bill then moved to the Michigan Senate Health Policy Committee and was unanimously voted out of committee on December 6, 2016. HB 5400 passed the Michigan Senate 36-1 on December 14, 2016.  It is now Public Act 499 of 2016, and will be effective 90 days (from the Jan 9th signing) so LARA has time to implement the new terms.  Click HERE to read details on HB 5400 passage implications for your NP practice.