Agency Report to JCAR-Page 2
The proposed rules will be modified as follows:
For schedules, the proposed changes adopt the federal schedule subject to drugs scheduled by the
state after January 6, 2022, and the rules promulgated by the Michigan Board of Pharmacy; remove
Brorphine and Gabapentin as exceptions to the federal schedule; remove Pentazocine from Schedule
5 to Schedule 4; provide an exception to the federal scheduling for isomers, Salvia Divorum,
Salvinorum A, Synthetic Cannabinoids, and Synthetic Cathinones.
For controlled substances licensure, the proposed changes require a designated prescriber to have a
controlled substance license for a health facility if substances are stored there without an on-site
pharmacy or an automated device stocked by a pharmacy and provide an exception to licensure for an
emergency kit that contains controlled substances.
For records, the proposed rules permit an electronic duplicate of the original paper prescription,
which will become the original prescription, 2 years from the last dispensing date; require a pharmacy
that holds an additional license for an automated dispensing system, that dispenses controlled
substances, to store inventories and schedule order forms at the licensed location of the automated
device; and clarify that if a controlled substance is dispensed from an automated device,
documentation maintained on-site in the pharmacy must include the automated device’s
manufacture’s name, model number, and the name and address of the facility where the automated
device is located.
For controlled substance prescriptions, the proposed changes clarify that a paper prescription is not
required to have preprinted numbers representing the quantity next to a box or line; require that the
professional designation for the prescribing practitioner be stored electronically; allow a prescriber to
seek waiver of electronic prescription transmission requirements if the prescriber can attest that he or
she intends, within 12 months, to not regularly practice their licensed profession for financial gain or
as a means of livelihood; and clarify that the prescriber must deliver to the dispensing pharmacist a
written prescription postmarked within 7 days after the date the prescription was dispensed, or
electronically transmit the prescription under R 338.3162a.
For controlled substance distributions, the proposed changes require a licensee to provide written
notification to the department 15 days before controlled substances are transferred.
5. List names of newspapers in which the notice of public hearing was published and
publication dates:
The Flint Journal, September 21, 2023
The Grand Rapids Press, September 21, 2023
The Mining Journal, September 23, 2023
6. Date of publication of rules and notice of public hearing in Michigan Register:
10/15/2023
7. Date, time, and location of public hearing:
10/16/2023 09:00 AM at UL-3 , 611 W. Ottawa Street, Lansing, Michigan or
MCL 24.242 and 24.245