Legislative Analysis
Phone: (517) 373-8080
ALLOW PATIENTS TO TAKE UNUSED PORTIONS http://www.house.mi.gov/hfa
OF CERTAIN EYE DROPS OR OINTMENTS
Analysis available at
House Bill 5616 (proposed substitute H-1) http://www.legislature.mi.gov
Sponsor: Rep. Samantha Steckloff
Committee: Health Policy
Complete to 12-4-24
SUMMARY:
House Bill 5616 would amend the Public Health Code to require that the unused portion
of eye drops or eye ointment provided by a facility (either a hospital or a freestanding
surgical outpatient facility) for an ophthalmic surgical procedure or ophthalmic medical
care must be offered to the patient upon their discharge if all of the following apply:
• The facility orders the eye drops or eye ointment for a procedure or care the patient
receives on an in-patient basis.
• The eye drops or eye ointment is administered to the patient at the facility.
• The unused portion of the eye drops or eye ointment is required for the patient’s
continued treatment.
If a pharmacist, rather than a dispensing prescribed, dispenses eye drops or eye ointment
offered to a patient as described above, the pharmacist would have to ensure that the eye
drops or eye ointment is provided in a container labeled as required for a drug dispensed
by a dispensing prescriber.
The prescriber of the facility-provided eye drops or eye ointment would have to counsel
the patient on the directions for the patient’s use of the eye drops or eye ointment. If a
pharmacist dispenses the facility-provided eye drops or eye ointment, any counseling
requirement on the pharmacist would be waived.
The above provisions would not apply to a pharmaceutical compounded under section
17748b of the code. 1
Proposed MCL 333.17773, 333.20817, and 333.21537
FISCAL IMPACT:
House Bill 5616 would have an indeterminate fiscal impact on the Department of Licensing
and Regulatory Affairs (LARA). The bill would allow unused eye drops or eye ointments
administered during ophthalmic surgical procedures to be provided to patients and would
establish requirements for this practice. This may create potential violations that LARA
1
https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-333-17748B
House Fiscal Agency Page 1 of 2
 may investigate and issue disciplinary actions for. To the extent that violations of the new
provisions occur, additional fine revenue may be realized and enforcement costs incurred.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Una Jakupovic
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 5612 (proposed H-1 substitute) Page 2 of 2


Statutes affected:
Substitute (H-1): 333.1101, 333.25211
House Introduced Bill: 333.1101, 333.25211
As Passed by the House: 333.1101, 333.25211