01/07/2019

Controlled Substance Administrative Rule Changes

The Bureau of Professional Licensing (BPL) within the Department of Licensing and Regulatory Affairs (LARA) would like to inform you that the Pharmacy – Controlled Substances Rules have been revised a

Below is a summary of the significant changes to the rules:

R 338.3125 – Adds gabapentin to the schedule 5 drug list as a controlled substance.

R 338.3135 – Opioid and other controlled substances awareness training for all controlled substance licensees who prescribe or dispense controlled substances and delegates who prescribe, administer, or dispense on behalf of a licensee. 

R 338.3161a – Provides exceptions to the bona fide prescriber-patient relationship that is required to prescribe schedule 2 through 5 drugs, in the following circumstances:

• When a 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, as long as the prescriber or an individual licensed under article 15 of the act, reviews the patient’s relevant medical or clinical records, medical history, and any change in medical condition, and provides documentation in the patient’s medical record.
• When 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, hospice patient, or nursing care facility resident and provides documentation in the patient’s medical record.
• When the prescriber is prescribing for a patient that has been admitted to a licensed nursing care facility or a hospice and completes the tasks required in subrule (2)(a) and (2)(b) in accordance with the nursing care facility or hospice admitting rules and provides documentation in the patient’s medical record.
• When the prescriber is prescribing for a patient, and the tasks required in subrule (2)(a) and (2)(b) are complied with by an individual licensed under article 15 of the Public Health Code and the prescriber provides documentation in the patient’s medical record.
• When the prescriber is treating a patient in a medical emergency, as defined in the rule.

A complete copy of the new Pharmacy – Controlled Substances Rule Set is available on our website at www.michigan.gov/bpl.

If you have any questions, please contact our office at (517) 241-0199 or by email to BPLHELP@michigan.gov.