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Michigan Controlled Substance Prescription Laws 2020

Passed laws require prescribers to obtain and review a patient`s prescription history in Michigan`s automated prescribing system before prescribing controlled substances to patients. The bills also provide for disciplinary measures for prescribing physicians who do not use MAPS. The following is a summary of the new legal acts. Prescribers without EHRs also have options. If you are currently using an e-prescription request for non-controlled drugs, check with the provider to see if they have a certified EPCS upgrade. If you don`t use e-prescribing at all, there are standalone e-prescribing systems with EPCS that don`t require an EHR. There are systems designed to meet a variety of needs, from those that offer simplicity and basic functionality that can be used on a smartphone or tablet (e.g., Dr. First iPrescribe) to those that offer a more comprehensive feature set (e.g., Dr. First EPCS Gold). When selecting EPCS, steps 1 through 3 for EHR users described above must be completed to submit e-prescriptions for controlled substances.

For patients, we need to discuss the risks of addiction and overdose with the patient and their parents or guardians if the patient is a minor. increased risk of addiction for people with mental health and substance use disorders; Interactions and side effects of the prescribed drug. We will explain how to safely dispose of unused or expired controlled substances, the consequences of giving your medications to others, and the impact of using controlled substances on pregnancies. Michigan`s opioid laws contain ten (10) new regulations passed by the Michigan legislature, and suppliers prescribing or dispensing controlled substances must familiarize themselves with these new laws to remain compliant and protect their licensees. Public Act 248 & 249: Effective June 1, 2018, a licensed prescriber who dispenses controlled substances to a patient in an amount greater than a 3-day supply must obtain and review a MAPS report on that patient. Michigan`s Public Acts 134, 135 and 136 of 2020, which requires prescribing physicians to electronically submit all prescriptions, including those for controlled substances, to the patient`s chosen dispensary, is expected to take effect on October 1, 2021. In particular, the Act excludes the following situations from the e-prescribing mandate: To counter the trend of opioid overdose deaths and the opioid epidemic. It is actually a set of laws. According to the Michigan Department of Health and Human Services from 1999 to 2016, the total number of overdose deaths from each type of opioid in Michigan increased more than 17-fold, from 99 to 1,699. Requires disclosure of information about prescription opioids and risks to minors and patients, starting 6/1/18.

Requires prescribing physicians to be in good faith between the prescribing physician and the patient before prescribing controlled substances on Lists 2 to 5. These provisions were supposed to enter into force on 31.03.18, but the implementation date was postponed by Public Law 101 of 2018. Provides penalties for non-compliance with the new MAPS usage rules, failure to establish a good faith relationship between prescriber and patient, and failure to inform patients of the risks associated with prescription opioids. From the United States The Department of Justice`s criminal division created the Appalachian Regional Prescription Opioid Strike Force (ARPO), which focuses on illicit opioid prescriptions. The federal SUPPORT for Patients and Communities Act, passed and signed into law in 2018, mandates the use of electronic prescription of controlled substances for all controlled substances under Medicaid Part D by Jan. 1. However, the Medicare Physician Fee Schedule Rule 2021, released on November 30, 2020, provides additional guidance on this Medicare e-prescribing mandate. Although the requirement will come into effect on January 1, 2021, the application of this requirement has been deferred to January 1, 2022. Here are two excerpts from the compliance rule: Controlled substances are listed. Three criteria determine the timing of a drug: its acceptance for medical use in treatment in the United States, the relative potential for abuse, and the likelihood of addiction to abuse. The implementation of EPCS will take longer. It requires prescribing organizations to follow all DEA guidelines and ensure that their current e-prescribing software can support EPCS and is DEA accredited.

CMS notes that prescribers are required to use the National Council for Prescription Drug Program (NCPDP) SCRIPT-2017071 standard for EPCS prescription transfers. Part D plans are already required to support this standard. Another important provision of Michigan`s opioid laws is the “Start Talking” consent form, which must be completed when a prescribing physician dispenses a controlled substance containing an opioid to a minor or adult. This form not only has the signatures of all parties involved, but also contains all relevant information about the risks of taking the opioid, such as: confirmation that the drug has potential for abuse, how to properly dispose of an expired or unused controlled substance, and that the distribution of a controlled substance is a crime, among other things. While obtaining prior consent was certainly a requirement of the standard of care before, the new laws explicitly require that the specific advice listed in the new laws be included in any informed consent used by a health care provider. Specifically, Section 2003 of the Act requires that the prescription of a Schedule II, III, IV or V controlled substance under Part D of Medicare be made electronically pursuant to an electronic prescription drug program beginning January 1, 2021, subject to exceptions specified by the HHS. Health care providers use the Michigan Automated Prescription System (MAPS) to check the history of all controlled substances on List 2 through 5 that a patient has legally obtained. The MAPS lists not only the prescribing physician and the type of controlled substance prescribed, but also the location of the pharmacy where it was dispensed. MAPS data helps healthcare providers identify evidence of potential diversion, such as: B: Obtaining prescriptions for controlled substances from more than one provider, filling prescriptions early, filling prescriptions at several different pharmacies, and filling prescriptions at remote pharmacies. In the past, suppliers were not required to register or use MAPS, although it is strongly encouraged and likely considered the standard of care when prescribing a controlled substance.

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