Mich. Admin. Code R. 338.531a

Current through Vol. 24-18, October 15, 2024
Section R. 338.531a - Remote pharmacy waiver from mileage requirement

Rule 31a.

(1) An applicant seeking a remote pharmacy license may apply to the board for a waiver from the prohibition of locating a remote pharmacy within 10 miles of another pharmacy in section 17742a(2)(c) of the code, MCL 333.17742a, by submitting a completed application to the department, on a form provided by the department.
(2) The applicant shall submit the following with the application:
(a) A map showing the location of any existing pharmacies within 10 miles of the proposed remote pharmacy if the remote pharmacy will not be located at a hospital or mental health facility.
(b) A list and explanation of the services or availability of services that will be offered at the remote pharmacy or otherwise not readily available to patients that are different from the services offered at a pharmacy located within 10 miles of the proposed remote pharmacy.
(c) A statement of facts to support the statement of 1 or more of the following:
(i) The proposed remote pharmacy is located in an area where there is limited access to pharmacy services.
(ii) The proposed remote pharmacy will offer a service or the availability of a service that is unique from other pharmacies in the 10-mile radius from the remote pharmacy and the service will satisfy an unmet need of the surrounding community.
(iii) There exists a limitation on travel that justifies waiving the requirement.
(iv) There are other compelling circumstances that justify waiving the requirement.
(3) If the waiver is denied, the application is considered closed unless within 30 days after receipt of the denial, the applicant notifies the department that it is requesting a hearing on the matter.

Mich. Admin. Code R. 338.531a

2022 AACS; 2024 MR 5, Eff. 2/29/2024