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Michigan State Profile
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EC PHARMACY UPDATE
Although there is currently no known activity promoting direct pharmacy access to EC, the University of Michigan College of Pharmacy and the Michigan Pharmacists Association have plans to discuss this issue.
HB 4794 the “Emergency Contraception Education Act,” was introduced in June 2003. Planned Parenthood Advocates of Michigan assigned priority to this bill. Although there is currently no known activity promoting direct pharmacy access to EC, the University of Michigan College of Pharmacy and the Michigan Pharmacists Association have plans to discuss this issue.
HB 5311 was introduced in Oct 2005 to propose that EC be dispensed only as a prescription drug.
In 2002, Planned Parenthood Advocates of Michigan surveyed (PDF-196K) pharmacists to determine whether they stocked EC. One of the key findings (PDF-756K) was that pharmacies were not seeing any demand for EC and, as a result, medications were expiring. Pharmacists who did not carry EC were provided with EC educational materials and Planned Parenthood identified increasing EC awareness in the community as a priority.
Planned Parenthood affiliates are currently conducting EC outreach campaigns in communities and on college campuses like the University of Michigan where students are advocating on behalf of EC.
Please Note: This state has an optimal environment for EC protocols between pharmacists and physicians. To learn more click here.
CONTACTS
Dianne Miller
Associate Executive Director
Michigan Pharmacists Association
815 N. Washington Avenue
Lansing, MI 48906-5198
517-484-1466
Fax: 517-484-4893
dianne@michiganpharmacists.org
www.michiganpharmacists.org
Larry Wagenknecht, R.Ph.
Chief Executive Officer
Michigan Pharmacists Association
815 N. Washington Avenue
Lansing, MI 48906-5198
517-484-1466
517-484-4893
larry@michiganpharmacists.org
www.michiganpharmacists.org
Leslie Shimp
Professor, School of Pharmacy
University of Michigan
1028 College of Pharmacy, 428 Church Street
Ann Arbor, MI 48109-1065
734-763-3525
lshimp@umich.edu
Joy Brychta RNC, MSN
Director of Client Services
Planned Parenthood of South Central Michigan
269-372-1200 ext 127
Fax: 269-353-4860
joy.brychta@ppfa.org
www.ppscm.org
Sarah Scranton
Public Affairs Coordinator
Planned Parenthood Affiliates of MI
PO Box 19104
Lansing, MI 48901
517-482-1080
sarah.scranton@ppfa.org
USEFUL LINKS
Michigan Pharmacists Association
www.mipharm.com
Michigan Legislature
www.michiganlegislature.org
NARAL Pro-Choice Michigan
www.michoice.net
Planned Parenthood of Michigan
www.miplannedparenthood.org
Michigan NOW
www.michnow.org
Planned Parenthood of East Central Michigan
www.ppecm.org
Planned Parenthood of South Central Michigan
www.ppscm.org
Planned Parenthood of Southeast Michigan
www.plannedparenthood.org/ppsm/index.asp
PROTOCOL ENVIRONMENT
Optimal Environment: No Revision to Authority Necessary
Existing statutes and regulations would accommodate pharmacists initiation of emergency contraception, generally under a collaborative practice agreement (protocol) with a prescriber.
Statutory/regulatory authorization for a collaborative practice agreement does not require Board review/approval for new activity, but confirmation and/or approval from the Board of Pharmacy is recommended. Pharmacist initiation of EC requires would require development of a protocol and securing prescriber authorization.
PHARMACY PRACTICE ACT
Pharmacy Practice Act Regulatory and Statutory Authority
Note: The text presented below has been prepared by the American Pharmacists Association for the Pharmacy Access Partnership and reflects legislation or regulation promulgated as of June 15, 2003.
MICHIGAN
Pharmacists practicing in any setting may implement collaborative practice under a generalized delegated authority from a prescribing physician. This general authority derives from two provisions:
- A general provision under the Public Health Code governing the delegation of tasks by a physician to other health professionals (including pharmacists) who are otherwise qualified by education, training, or experience [to] perfor[m] [the] selected acts, tasks, or functions where the acts, tasks, or functions fall within the scope of practice of the licensee's profession and will be performed under the [physicians] supervision.
- The statutory definition of prescriber, which the law defines to include: :
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.
These agreements are under the authority and approval of the physician and dont require Board filing or approval.
Statutory authority: Mich Comp. Laws §§14.9 (9204),14.15(16105), (17707), (17708)
Regulatory authority: Mich. Admin Code r. 338.486
MICHIGAN STATUTE
CHAPTER 333. HEALTH - PUBLIC HEALTH CODE
ARTICLE 15. OCCUPATIONS
PART 161 GENERAL PROVISIONS
333.16105. Definitions
Sec. 16105.
(1) Health occupation means a health related vocation, calling, occupation, or employment performed by an individual whether or not the individual is licensed or registered under this article.
(2) Health profession means a vocation, calling, occupation, or employment performed by an individual acting pursuant to a license or registration issued under this article.
. . .
333.16215. Delegation of acts, tasks or functions to licensed or unlicensed individual; supervision; rules; immunity.
Sec. 16215.
(1) Subject to subsections (2) to (5), a licensee who holds a license other than a health profession subfield license may delegate to a licensed or unlicensed individual who is otherwise qualified by education, training, or experience the performance of selected acts, tasks, or functions where the acts, tasks, or functions fall within the scope of practice of the licensee's profession and will be performed under the licensee's supervision. A licensee shall not delegate an act, task, or function under this section if the act, task, or function, under standards of acceptable and prevailing practice, requires the level of education, skill, and judgment required of the licensee under this article.
(2) Subject to subsection (1) and except as otherwise provided in this subsection and subsection (3), a licensee who is an allopathic physician or osteopathic physician and surgeon shall delegate an act, task, or function that involves the performance of a procedure that requires the use of surgical instrumentation only to an individual who is licensed under this article. A licensee who is an allopathic physician or osteopathic physician and surgeon may delegate an act, task, or function described in this subsection to an individual who is not licensed under this article if the unlicensed individual is 1 or more of the following and if the procedure is directly supervised by a licensed allopathic physician or osteopathic physician and surgeon who is physically present during the performance of the procedure:
- (a) A student enrolled in a school of medicine or osteopathic medicine approved by the Michigan board of medicine or the Michigan board of osteopathic medicine and surgery.
(b) A student enrolled in a physician's assistant training program approved by the joint physician's assistant task force created under part 170.
(3) Subject to subsection (1), a licensee who is an allopathic physician or osteopathic physician and surgeon may delegate an act, task, or function described in subsection (2) to an individual who is not licensed under this article and who is 1 of the following:
- (a) Performing acupuncture.
(b) Surgically removing only bone, skin, blood vessels, cartilage, dura mater, ligaments, tendons, pericardial tissue, or heart valves only from a deceased individual for transplantation, implantation, infusion, injection, or other medical or scientific purpose.
(4) A board may promulgate rules to further prohibit or otherwise restrict delegation of specific acts, tasks, or functions to a licensed or unlicensed individual if the board determines that the delegation constitutes or may constitute a danger to the health, safety, or welfare of the patient or public.
(5) To promote safe and competent practice, a board may promulgate rules to specify conditions under which, and categories and types of licensed and unlicensed individuals for whom, closer supervision may be required for acts, tasks, and functions delegated under this section.
(6) An individual who performs acts, tasks, or functions delegated pursuant to this section does not violate the part that regulates the scope of practice of that health profession.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;--Am. 1990, Act 279, Eff. Mar. 28, 1991 ;--Am. 1999, Act 60, Eff. Sept. 1, 1999 .
MICHIGAN PHARMACY PRACTICE ACT
Article 15. Occupations
Part 177. Pharmacy Practice and Drug Control
333.17707
Definitions; P. [M.S.A. 14.15(17707) ]
(5) Practice of pharmacy means a health service, the clinical application of which includes the encouragement of safety and efficacy in the prescribing, dispensing, administering, and use of drugs and related articles for the prevention of illness, and the maintenance and management of health. Professional functions associated with the practice of pharmacy include:
- (a) The interpretation and evaluation of the prescription.
- (b).Drug product selection.
- (c) The compounding, dispensing, safe storage, and distribution of drugs and devices.
- (d) The maintenance of legally required records.
- (e) Advising the prescriber and the patient as required as to contents, therapeutic action, utilization, and possible adverse reactions or interactions of drugs.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;--Am. 1990, Act 333, Eff. Mar. 28, 1991
333.17708
Definitions; P.
. . .
(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 optometrist certified under part 174 to administer and prescribe therapeutic pharmaceutical agents, 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.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;--Am. 1994, Act 384, Eff. Mar 30, 1995 ;--Am. 1997, Act 153, Eff. Mar. 31, 1998 .
MICHIGAN REGULATIONS
R 338.486
Medical institution and pharmacy services defined; pharmacy services in medical institutions.
Rule 16.
(b) Pharmacy services means the direct and indirect patient care services associated with the practice of pharmacy.
- (2) Pharmacy services shall be directed and provided by a licensed pharmacist.
- (3) Pharmacy personnel who assist the pharmacist by performing delegated functions in the care of inpatients shall be supervised by a pharmacist who is on the premises of the medical institution.
- (4) The pharmacist who directs the pharmacy services shall develop, implement, supervise, and coordinate all of the services provided, including, at a minimum, all of the following:
- (a) Dispensing medications in a form that minimizes additional preparation before administration to the patient, including the admixture of parenterals.
- (b) Obtaining the prescriber's original medication order, a direct carbonized copy, an electromechanical facsimile, or other electronic order transmission. Security measures shall be in place to ensure that system access by unauthorized individuals is not allowed.
- (c) Interpreting and reviewing the prescriber's medication orders and communicating problems with these orders to the physician or nurse before administration of first doses. If the interpretation and review will cause a medically unacceptable delay, then a limited number of medications may be stocked at the patient care areas for the administration of first doses. These medications shall be provided in a manner that ensures security and immediate availability, such as sealed or secured medication kits, carts, or treatment trays. A pharmacist shall routinely inspect the medications and, after use, shall verify the contents and replace the medications as necessary.
- (d) Monitoring medication therapy to promote positive patient outcomes while evaluating clinically significant chemical and therapeutic incompatibilities.
History: 1954 ACS 37, Eff. Feb. 14, 1964; 1954 ACS 39, Eff. Aug. 14, 1964; 1954 ACS 86, Eff. Jan. 7, 1976; 1979 AC; 1979 ACS 4, Eff. Nov. 18, 1980; 1998 MR 4, Eff. Apr. 22, 1998.
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