Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Bureau of Professional Licensing
Board of Pharmacy
Board of Pharmacy - Controlled Substances
Part 6 - DISPENSING AND ADMINISTERING CONTROLLED SUBSTANCE PRESCRIPTIONS
Section R. 338.3161a - Exception to bona fide prescriber-patient relationship; alternative requirements
Universal Citation: MI Admin Code R. 338.3161a
Current through Vol. 24-16, September 15, 2024
Rule 61a.
(1) Except as provided in subrule (2) of this rule and for a patient who is under the care of a hospice, a bona fide prescriber-patient relationship is required before a licensed prescriber may prescribe a controlled substance listed in schedules 2 to 5.
(2) Under section 16204e of the code, MCL 333.16204e, a licensed prescriber may prescribe a controlled substance listed in schedules 2 to 5 without first establishing the bona fide prescriber-patient relationship required under section 7303a of the code, MCL 333.7303a, in the following situations:
(a) The prescriber is providing
on-call coverage or cross-coverage for another prescriber who is not available
and has established a bona fide prescriber-patient relationship with the
patient for whom the on-call or covering prescriber is prescribing a controlled
substance, the prescriber, or an individual licensed under article 15 of the
code, MCL
333.16101 to
333.18838, reviews the patient's
relevant medical or clinical records, medical history, and change in medical
condition, and provides documentation in the patient's medical record
consistent with medically accepted standards of care.
(b) The prescriber is following or modifying
the orders of a prescriber who has established a bona fide prescriber-patient
relationship with a hospital in-patient or nursing care facility resident and
provides documentation in the patient's medical record consistent with
medically accepted standards of care.
(c) The prescriber is prescribing for a
patient that has been admitted to a licensed nursing care facility, completes
the tasks identified in subdivisions (a) and (b) of this subrule in compliance
with R 325.45377, as applicable, and provides documentation in the patient's
medical record consistent with medically accepted standards of care.
(d) The prescriber is prescribing for a
patient for whom the tasks listed in subdivisions (a) and (b) of this subrule
are performed by an individual licensed under article 15 of the code, MCL
333.16101 to
333.18838, and the prescriber
provides documentation in the patient's medical record consistent with
medically accepted standards of care.
(e) The prescriber is treating a patient in a
medical emergency. As used in this subdivision, "medical emergency" means a
situation that, in the prescriber's good-faith professional judgment, creates
an immediate threat of serious risk to the life or health of the patient for
whom the controlled substance prescription is being prescribed.
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