Bill Summary – FastDemocracy

HOUSE BILL NO. 4435
     April 19, 2023, Introduced by Reps. Stone, Brenda Carter, Tsernoglou, Scott, Arbit, Dievendorf,
       McFall, Paiz, Hood, Neeley, Rheingans, Steckloff and Skaggs and referred to the Committee
       on Health Policy.
           A bill to amend 1978 PA 368, entitled
    "Public health code,"
    by amending sections 9204 and 17707 (MCL 333.9204 and 333.17707),
    section 9204 as amended by 2006 PA 91 and section 17707 as amended
    by 2020 PA 142, and by adding section 17724.
                      THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
        Sec. 9204. (1) A Except as otherwise provided in subsection
 (2), a health professional other than a physician may administer an
 immunizing agent as long as the agent is being administered under
 the direction of a physician.
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       (2) A pharmacist may order and administer an immunizing agent
 in accordance with section 17724.
       Sec. 17707. (1) "Parent pharmacy" means a pharmacy that
 operates a remote pharmacy through a telepharmacy system.
       (2) "Personal charge" means the immediate physical presence of
 a pharmacist or dispensing prescriber.
       (3) "Pharmacist" means an individual who is licensed under
 this article to engage in the practice of pharmacy.
       (4) "Pharmacist in charge" or "PIC" means the pharmacist who
 is designated by a pharmacy, manufacturer, wholesale distributor,
 or wholesale distributor-broker as its pharmacist in charge under
 section 17748(2).
       (5) "Pharmacist intern" or "intern" means an individual who
 satisfactorily completes the requirements set forth in rules
 promulgated by the department in consultation with the board and is
 licensed by the board for the purpose of obtaining instruction in
 the practice of pharmacy from a preceptor approved by the board.
       (6) "Pharmacy" means a facility or part of a facility that is
 licensed under this part to dispense prescription drugs or prepare
 prescription drugs for delivery or distribution. Pharmacy does not
 include the office of a dispensing prescriber or an automated
 device. For the purpose of a duty placed on a pharmacy under this
 part, "pharmacy" means the person to which the pharmacy license is
 issued, unless otherwise specifically provided.
       (7) "Pharmacy technician" means an individual who is required
 to hold a health profession subfield license under this part to
 serve as a pharmacy technician.
       (8) "Practice of pharmacy" means a health service, the
 clinical application of which includes the encouragement of safety
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 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. Practice of pharmacy
 includes the direct or indirect provision of professional functions
 and services associated with the practice of pharmacy. Professional
 functions associated with the practice of pharmacy include the
 following:
       (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.
       (f) Ordering and administering immunizing agents in accordance
 with section 17724.
       Sec. 17724. (1) A pharmacist may order an immunizing agent for
 and administer that immunizing agent to an individual if the
 immunizing agent is approved or authorized for use by the Food and
 Drug Administration, is recommended by the Advisory Committee on
 Immunization Practices of the Centers for Disease Control and
 Prevention, or has been authorized for emergency use by the Centers
 for Disease Control and Prevention. Before ordering and
 administering an immunizing agent under this section, the
 pharmacist shall complete training approved by the board that is
 established by the American Pharmacists Association or another
 accredited program. The training described in this subsection must
 include at least 4 hours of instruction on vaccines and immunology.
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       (2) A pharmacy technician who is acting under the delegation
 and supervision of a pharmacist in accordance with section 16215
 may administer an immunizing agent under this section.
       (3) An individual who orders or administers an immunizing
 agent under this section shall comply with rules established by the
 board, in addition to any other requirement established by law,
 including, but not limited to, the requirements of section 9206.
       (4) As used in this section, "immunizing agent" means that
 term as defined in section 9201.
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Statutes affected: 
House Introduced Bill: 333.9204, 333.17707