Section R. 338.3161a - Exception to bona fide prescriber-patient relationship; alternative requirementsRule 61a.
(1) Except as provided in subrule (2) of this rule and for a patient who is under the care of a hospice, a bona fide prescriber-patient relationship is required before a licensed prescriber may prescribe a controlled substance listed in schedules 2 to 5.(2) Under section 16204e of the code, MCL 333.16204e, a licensed prescriber may prescribe a controlled substance listed in schedules 2 to 5 without first establishing the bona fide prescriber-patient relationship required under section 7303a of the code, MCL 333.7303a, in the following situations: (a) The prescriber is providing on-call coverage or cross-coverage for another prescriber who is not available and has established a bona fide prescriber-patient relationship with the patient for whom the on-call or covering prescriber is prescribing a controlled substance, the prescriber, or an individual licensed under article 15 of the code, MCL 333.16101 to 333.18838, reviews the patient's relevant medical or clinical records, medical history, and change in medical condition, and provides documentation in the patient's medical record consistent with medically accepted standards of care.(b) The prescriber is following or modifying the orders of a prescriber who has established a bona fide prescriber-patient relationship with a hospital in-patient or nursing care facility resident and provides documentation in the patient's medical record consistent with medically accepted standards of care.(c) The prescriber is prescribing for a patient that has been admitted to a licensed nursing care facility, completes the tasks identified in subdivisions (a) and (b) of this subrule in compliance with R 325.45377, as applicable, and provides documentation in the patient's medical record consistent with medically accepted standards of care.(d) The prescriber is prescribing for a patient for whom the tasks listed in subdivisions (a) and (b) of this subrule are performed by an individual licensed under article 15 of the code, MCL 333.16101 to 333.18838, and the prescriber provides documentation in the patient's medical record consistent with medically accepted standards of care.(e) The prescriber is treating a patient in a medical emergency. As used in this subdivision, "medical emergency" means a situation that, in the prescriber's good-faith professional judgment, creates an immediate threat of serious risk to the life or health of the patient for whom the controlled substance prescription is being prescribed.Mich. Admin. Code R. 338.3161a
2019 AACS; 2022 AACS; 2024 MR 10, Eff. 5/28/2024