Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Professional Licensing  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Central Fill Pharmacies  
5. Rule numbers or rule set range of numbers:  
R 338.3051 - R 338.3056  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Andria Ditschman  
E-mail of person filling out RFR:  
DitschmanA@michigan.gov  
Phone number of person filling out RFR:  
517-290-3361  
Address of person filling out RFR:  
611 W. Ottawa Street, 3rd. Floor, P.O. Box 30670, Lansing, MI 4890  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
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.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
MCL 333.16145 authorizes the Board to promulgate rules necessary or appropriate to fulfill its  
functions as prescribed in the Article 15 of the Public Health Code.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 333.16145; MCL 333.17753; MCL 333.17767; MCL 338.3501; MCL 445.2001; MCL  
445.2011; and MCL 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
No.  
MCL 24.239  
RFR-Page 2  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The proposed rules duplicate the requirements in the Code of Federal Regulations, Part 1306,  
entitled Prescriptions, Title 21 CFR 1306.15, regarding the prescription information between retail  
pharmacies and central fill pharmacies for prescriptions of schedule II controlled substances, and  
Title 21 CFR 1306.27, regarding the prescription information between retail pharmacies and  
central fill pharmacies for initial and refill prescriptions of schedule III, IV, or V controlled  
substances.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Yes, the subject matter of these rules is contained in the Code of Federal Regulations, Part 1306,  
entitled Prescriptions, Title 21 CFR 1306.15, and Title 21 CFR 1306.27.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
Although there are other similar provisions at the federal level, the proposed rules do not exceed  
similar regulations, compliance requirements, or other standards adopted at the state, regional, or  
federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The Department will work with associations, related businesses, and lobbyists in preparing the  
proposed rules.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rules were promulgated in 2008. There have been no technological factors, economic  
conditions, or other factors that would necessitate amendment of the rules.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No, there are no changes or developments since implementation of the rules that demonstrate there  
is no continued need for the rules, or any portion of the rules.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
Yes  
MCL 24.239  
;