Mich. Admin. Code R. 338.3162

Current through Vol. 24-21, December 1, 2024

Section R. 338.3162 - Dispensing by pharmacists; delivery of controlled substances

Rule 62.

(1) Except for a remote pharmacy that is regulated by section 17742a of the code, MCL 333.17742a, and that allows a qualified pharmacy technician to assist in the dispensing process while being overseen by a pharmacist through the use of a surveillance system and telepharmacy system, a controlled substance must be dispensed by a pharmacist or a pharmacy intern in the presence, and under the personal charge of, a pharmacist.

(2) A pharmacist shall require positive identification of individuals to whom controlled substances are dispensed or delivered if the individual is not known to the pharmacist or pharmacy employees, except if positive identification is not available and a pharmacist, who in exercising professional judgment, determines that a delay in dispensing the controlled substance may be detrimental to a patient.

(3) Subrule (2) of this rule does not exempt a pharmacist from the requirement to submit a patient identifier to the electronic system for monitoring controlled substances.

(4) The dispensing pharmacist and pharmacy are both responsible for complying with this rule.

(5) A pharmacist may dispense a controlled substance that is listed in schedules 3 to 5 and that is a prescription drug under section 503 of the FDCA, 21 USC 353, under a prescription on a prescription form, an oral prescription of a practitioner, or a prescription that is electronically transmitted pursuant to R 338.3162a and that contains all of the required information under R 338.3161, except that the signature of the prescriber is not required if the controlled substance is obtained under an oral order.

(6) In addition to the requirements in section 17744 of the code, MCL 333.17744, if a prescriber's agent under delegation transmits an oral prescription for a controlled substance to a pharmacy, all of the following must be recorded on the prescription generated at the pharmacy:

(a) The information required by R 338.3161.

(b) The transmitting agent's identity.

(c) The individual who received the prescription at the pharmacy.

(7) Only a prescription that is issued in the usual course of professional treatment or in the course of legitimate and authorized research is a prescription.

Mich. Admin. Code R. 338.3162

1979 AC; 1993 AACS; 2002 AACS; 2003 AACS; 2007 AACS; 2022 AACS; 2024 MR 10, Eff. 5/28/2024