LARA Updated Regulations: Bona Fide Prescriber-Patient Relationship

Bona Fide Relationship Requirement Law. Public Act 247 of 2017, MCL § 333.7303a(2), requires that except as provided in exceptions detailed in administrative rules, a prescriber must be in a bona fide prescriber-patient relationship with a patient before prescribing a schedule 2-5 controlled substance ("CS"). The Michigan legislature delayed the effective date of the bona fide prescriber-patient relationship requirement to the earlier of (a) March 31, 2019, or (b) the date administrative rules describing the exceptions to the requirement are promulgated. Public Act 247 also requires the prescriber to provider certain follow-up care to the patient to monitor the efficacy of the CS in treating the patient's medical condition. Failure to comply with the bona fide relationship requirement is considered professional misconduct and may subject the prescriber to professional discipline.

Effective Date. The Michigan Department of Licensing and Regulatory Affairs ("LARA") has now published a rule, effective January 4, 2019, describing exceptions to the bona fide prescriber-patient relationship requirement. Promulgation of this rule means that the bona fide prescriber-patient relationship requirement of MCL § 333.7303a is in effect as of January 4, 2019, for all practitioners who prescribe schedule 2-5 CS.
Link: LARA Updates: Bona Fide Prescriber-Patient Relationship

 

New Emergency Rules on Reporting

Michigan Lt. Gov. Brian Calley signs emergency rules to improve reporting of overdoses in Michigan
Requirement will help better track deaths connected to the opioid epidemic
To gain a better understanding of how the opioid epidemic is impacting Michiganders, Lt. Gov. Brian Calley has signed emergency rules that require health professionals and facilities to report overdoses, including deaths, to the Michigan Department of Health and Human Services. These rules take effect upon filing with the Secretary of State (Oct. 26,2018) and shall remain in effect for 6 months. 

The MOA has links below to the MDHHS Rules (PDF document), resources and the official announcement from Lt. Gov. Brian Calley. The new rules will give MDHHS more accurate records and better track the toll that the opioid epidemic is taking in Michigan. Currently, the agency lacks timely and accurate information on overdoses, making it difficult to track the epidemic, investigate increases, and target programs and interventions to areas most at risk. With these new rules in place, health professionals and facilities are required to report overdoses, including deaths, within five days of MDHHS requesting the data. 

Announcement from Lt. Governor Brian Calley 
MDHHS Emergency Rules - Reporting (PDF)

   

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Opioid Prescribers' Legislative Alert

On December 27, 2017, the Lieutenant Governor signed into law several new requirements aimed at combating the opioid epidemic. The MOA is part of a coalition that is working with the Department of Health and Human Services (MDHHS) to provide input from healthcare professionals in regards to the laws, regulations and systems used by prescribers. 

For MOA members, a page has been created with an overview, a link to a summary (PDF) and a link to a survey designed to get feedback from the MOA membership.

Opioid Alert page (MOA login page)
Michigan Automated Prescription System (MAPS) - User Support Manual