6 PROPOSED ADMINISTRATIVE RULES

 

DEPARTMENT OF COMMUNITY HEALTH LICENSING AND REGULATORY AFFAIRS

 

DIRECTOR'S OFFICE MEDICINE - GENERAL RULES

Proposed Draft July 13, 2012 Filed with the Secretary of State on

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of community health licensing and regulatory affairs by sections 16145 and 17001 of 1978 PA 368, MCL 333.16145 and 333.17001 and

Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, and 2003-18 2011-4, MCL 330.3101,

445.2001, and 445.2011, and 445-2030)

 

R 338.2301 and R 338.2304 of the Michigan Administrative Code are amended to read as follows:

 

PART 1. GENERAL PROVISIONS

 

R 338.2301   Definitions.

Rule 1.  As used in these rules:

(a)     "Board" means the board of medicine.

(b)     "Code" means Act No. 1978 PA 368, of the Public Acts of 1978, as amended, being S333.1101 et seq. of the Michigan Compiled Laws MCL 333.1101 to 333.25211.

(c)     "Completed the requirements for a degree in medicine" means that the applicant shall have graduated from a medical educational program which is not less than 130 weeks and which does not award credit for any course taken by correspondence. The medical educational program shall include a core curriculum which of a medical educational program includes, at a minimum, all of the following courses in the basic sciences and clerkships in the clinical sciences:

(i)     Courses in the basic sciences, which shall includes courses in all of the following:

(A)    Anatomy.

(B)    Physiology.

(C)    Biochemistry.

(D)    Microbiology.

(E)    Pathology.

(F)     Pharmacology and therapeutics.

(G)    Preventive medicine.

(ii)     Clerkships in the clinical sciences, which shall include clinical clerkships in all of the following: means core clinical clerkships completed either in a hospital or institution located in the United States, its territories, the District of Columbia, or Canada that is approved by the board or in a

 

 

hospital or institution that offers a postgraduate clinical training program in the content area of the clinical clerkship. Clerkships in the clinical sciences include clinical clerkships in all of the following:

(A)    Internal medicine.

(B)    General surgery.

(C)    Pediatrics.

(D)    Obstetrics and gynecology.

(E)    Psychiatry.

  All core clinical clerkships shall be completed either in a hospital or institution located in the United States, its territories, the District of Columbia or the Dominion of Canada that is approved by the board or in a hospital or institution that offers a postgraduate clinical training program in the content area of the clinical clerkship.

(d)  "Department" means the department of licensing and regulatory affairs.

 

 

R 338.2304   Delegation of prescribing of controlled substances to physician’s assistants; limitation

written authorization; requirements.

Rule 4. (1)  A physician who supervises a physician’s assistant under sections 17048 and 17049 of the code may shall delegate the prescription of controlled substances listed in schedules 3 to 5 to a physician’s assistant if the delegating physician establishes establish a written authorization that contains all of the following information: delegates to a physician’s assistant the performance of medical care services or the prescribing of schedule 2 to 5 controlled substances, or both. The written authorization shall contain all of the following information:

(a)    The name, license number, and signature of the supervising physician.

(b)     The name, license number, and signature of the physician’s assistant.

(c)     The limitations or exceptions to the delegation of any medical care services or prescription of schedule 2 to 5 controlled substances.

(d)    The effective date of the delegation.

(2)    A delegating physician shall review and update a written authorization on an annual basis from the original date or the date of amendment, if amended prior to the renewal of a physician’s assistant’s license or in the interim as needed. A delegating physician shall note the review date on the written authorization.

(3)    A delegating physician shall maintain a written authorization in each separate location of the physician's office where the delegation occurs.

(4)    A delegating physician shall ensure that an amendment to the written authorization is in compliance with subrule (1)(a) to (d) of this rule.

  (5)  A delegating physician may delegate the prescription of schedule 2 controlled substances only if all of the following conditions are met:

  (a)  The supervising physician and physician’s assistant are practicing within a health facility as defined in section 20106(d), (g), or (i) of the code; specifically, freestanding surgical outpatient facilities, hospitals, and hospices.

  (b)  The patient is located within the facility described in subdivision (a) of this subrule.

  (c)  The delegation is in compliance with this rule.

  (6)  A delegating physician may not delegate the prescription of schedule 2 controlled substances issued for the discharge of a patient for a quantity for more than a 7-day period.

 

 

(7)(5)  A delegating physician shall not delegate the prescription of a drug or device individually, in combination, or in succession for a woman known to be pregnant with the intention of causing either a miscarriage or fetal death.