PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.17708 Definitions; P to R.
(1) “Preceptor” means a pharmacist approved by the board to direct the training of an intern in an approved pharmacy.
(2) “Prescriber” means a licensed dentist, a licensed doctor of medicine, a licensed doctor of osteopathic medicine and surgery, a licensed doctor of podiatric medicine and surgery, a licensed physician’s assistant, a licensed optometrist certified under part 174 to administer and prescribe therapeutic pharmaceutical agents, an advanced practice registered nurse as that term is defined in section 17201 who meets the requirements of section 17211a, a licensed veterinarian, or another licensed health professional acting under the delegation and using, recording, or otherwise indicating the name of the delegating licensed doctor of medicine or licensed doctor of osteopathic medicine and surgery.
(3) “Prescription” means an order by a prescriber to fill, compound, or dispense a drug or device written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication. An order transmitted in other than written or hard-copy form must be electronically recorded, printed, or written and immediately dated by the pharmacist, and that record is considered the original prescription. In a health facility or agency licensed under article 17 or other medical institution, an order for a drug or device in the patient’s chart is considered for the purposes of this definition the original prescription. For purposes of this part, prescription also includes a standing order issued under section 17744e. Subject to section 17751(2) and (5), prescription includes, but is not limited to, an order for a drug, not including a controlled substance except under circumstances described in section 17763(e), written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber who is licensed to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine in another state.
(4) Subject to subsection (5), “prescription drug” means a drug to which 1 or more of the following apply:
(a) The drug is dispensed pursuant to a prescription.
(b) The drug bears the federal legend “CAUTION: federal law prohibits dispensing without prescription” or “Rx only”.
(c) The drug is designated by the board as a drug that may only be dispensed pursuant to a prescription.
(5) For purposes of this part, prescription drug also includes a drug dispensed pursuant to section 17744f.
(6) “Remote pharmacy” means a pharmacy described in sections 17742a and 17742b.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;– Am. 1994, Act 384, Eff. Mar 30, 1995 ;– Am. 1997, Act 153, Eff. Mar. 31, 1998 ;– Am. 2005, Act 85, Imd. Eff. July 19, 2005 ;– Am. 2006, Act 672, Imd. Eff. Jan. 10, 2007 ;– Am. 2009, Act 150, Imd. Eff. Nov. 19, 2009 ;– Am. 2011, Act 155, Imd. Eff. Sept. 27, 2011 ;– Am. 2012, Act 209, Imd. Eff. June 27, 2012 ;– Am. 2016, Act 49, Eff. June 13, 2016 ;– Am. 2016, Act 379, Eff. Mar. 22, 2017 ;– Am. 2016, Act 383, Eff. Mar. 28, 2017 ;– Am. 2016, Act 499, Eff. Apr. 9, 2017 ;– Am. 2020, Act 4, Eff. Apr. 26, 2020 ;– Am. 2021, Act 36, Imd. Eff. July 1, 2021
Compiler’s Notes: Enacting section 1 of Act 49 of 2016 provides:”Enacting section 1. Section 16349 of the public health code, 1978 PA 368, MCL 333.16349, as amended by this amendatory act, applies to licensing fees required to be paid after December 31, 2018.”
Popular Name: Act 368