Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Bureau of Professional Licensing

Name of person completing this form:

Andria Ditschman

Phone number of person completing this form:

517-290-3361

E-mail of person completing this form:

DitschmanA@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2021-93 LR

Title of proposed rule set:

Central Fill Pharmacies

3. Purpose for the proposed rules and background:

The purpose of the Centralized Prescription Processing Pharmacies Rules is to regulate the processing

by a pharmacy of a request from another pharmacy to fill or refill a prescription drug order, to

perform processing functions such as dispensing, performing drug utilization review, completing

claims adjudication, obtaining refill authorization, initiating therapeutic intervention, and other

functions related to the practice of pharmacy.

4. Summary of proposed rules:

The proposed rules will: clarify that a pharmacy that participates in centralized prescription

processing services must maintain prescription records from the time the prescription is dispensed;

clarify that the originating pharmacy must maintain a prescription for 5 years from the date the

prescription was filled and may make an electronic duplicate of the original paper prescription 2 years

after the prescription was filled; and clarify that a pharmacy that receives a transmitted prescription

must maintain a record that includes the date the prescription was dispensed and the method of

dispensing.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

The Flint Journal: November 10, 2022

The Grand Rapids Press: November 10, 2022

The Mining Journal: November 23, 2022

6. Date of publication of rules and notice of public hearing in Michigan Register:

12/1/2022

7. Date, time, and location of public hearing:

12/14/2022 09:00 AM at Location: G. Mennen Williams Building Auditorium 525 W. Ottawa Street,

Lansing, Michigan , 525 W. Ottawa Street, Lansing, Michigan

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1351

9. List of the name and title of agency representative(s) who attended the public hearing:

Weston MacIntosh, Departmental Specialist, Bureau of Professional Licensing

Stephanie Wysack, Board Support Technician, Bureau of Professional Licensing

10. Persons submitting comments of support:

No persons submitted comments of support.

11. Persons submitting comments of opposition:

No persons submitted comments in opposition.

12. Persons submitting other comments:

Charlie Mollien submitted comments with suggested changes to the rules.

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Mollien

Add “and shared The Board agrees Ruleset Title

pharmacy to modify the title

services to title as to Central Fill and

rules regulate Shared Pharmacy

both central fill Services as the

pharmacies and rules regulate

shared pharmacy both.

services.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

2

Mollien

Defining "central The Board agrees R 338.3051

fill pharmacy" as with the comment (1)(b)

the all-

to modify (1) to

clarify that a

central fill

pharmacy is a

pharmacy that

handles dispensing

functions versus

shared pharmacy

services that

encompassing

term for any

pharmacy

engaged in

centralized

prescription

processing

incorrectly

combines

describes a

industry terms

pharmacy that

used to delineate engages in

between shared processing non-

pharmacy

services, a

dispensing

functions.

pharmacy

engaged in non-

dispensing

centralized

prescription

processing, and

central fill

pharmacy, a

pharmacy that

engages in

dispensing

functions of

centralized

prescription

processing.

3

Mollien

The rules appear Title: The Board R 338.3052

to regulate both agrees with the Title

central fill comment to

pharmacies and modify the title to

shared pharmacy include both

services.

Consider

central fill and

shared pharmacy

updating the title services.

to “Central Fill

and Shared

Pharmacy

Services rules;

prevail over other

pharmacy rules”.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

4

5

Mollien

Add “dispensing” The Board agrees R 338.3053

to title.

with the comment Title

to add

“dispensing” to

the title.

(1) Delete central (1) and (2): The

R 338.3052

fill from (1).

Board agrees with (1)

Add: (2) Shared the comment that

pharmacy

the rule should be

divided into two

provisions, and

accepts the

language

recommended in

(1) to delete

services for

processing

functions of

centralized

pharmacy

processing that

do not involve the “central fill” and

dispensing the addition of (2)

process, such as to reflect that

completing

claims

central fill

involves

adjudication or

dispensing versus

remote data entry, other shared

may be

pharmacy services

performed under for processing

the general

functions of

supervision of a centralized

pharmacist. For pharmacy

this subrule,

dispensing

process means

the physical

processing that

does not involve

dispensing.

preparing,

compounding,

packaging, or

labeling of a drug

product intended

for delivery to the

patient.

14.Date report completed:

4/3/2023

MCL 24.242 and 24.245