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HB-4072, As Passed Senate, July 2, 2026
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HOUSE BILL NO. 4072
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 17773, 20817, and
21539.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17773. (1) Any unused portion of a facility-provided drug 1
that is dispensed for an ophthalmic surgical procedure performed on 2
or for ophthalmic medical care provided to a patient in a hospital 3
February 12, 2025, Introduced by Reps. Steckloff, Rogers, McKinney, Neeley, Glanville,
Rheingans, Weiss, Pohutsky, Price, Skaggs, Morgan, Foreman, MacDonell, Young, Wilson,
Dievendorf, Brixie, Byrnes, Mentzer, Johnsen, Hoadley, DeBoyer, Breen and Wooden and
referred to Committee on Health Policy.
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or freestanding surgical outpatient facility licensed under article 1
17 must be offered to the patient on the patient's discharge from 2
the hospital or freestanding surgical outpatient facility if all of 3
the following apply: 4
(a) The hospital or freestanding surgical outpatient facility 5
orders the facility-provided drug for an ophthalmic surgical 6
procedure for the patient that is performed on an in-patient basis 7
or for ophthalmic medical care that the patient receives from the 8
hospital or freestanding surgical outpatient facility on an in-9
patient basis. 10
(b) The facility-provided drug is administered to the patient 11
at the hospital or freestanding surgical outpatient facility. 12
(c) The unused portion of the facility-provided drug is 13
required for the patient's continued treatment. 14
(2) If a pharmacist, rather than a dispensing prescriber, 15
dispenses a facility-provided drug that is offered to a patient 16
under subsection (1), the pharmacist shall ensure that the drug is 17
provided to the patient in a container that is labeled in the same 18
manner as required in section 17745(7) for a drug dispensed by a 19
dispensing prescriber. 20
(3) The prescriber of the facility-provided drug shall counsel 21
the patient on the directions for the patient's use of the 22
facility-provided drug. If a pharmacist dispenses the facility-23
provided drug, any counseling requirement on the pharmacist is 24
waived. 25
(4) As used in this section, "facility-provided drug" means a 26
drug that meets both of the following requirements: 27
(a) The drug is an eye drop or eye ointment. 28
(b) The drug is not a pharmaceutical compounded under section 29
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Final Page
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17748b. 1
Sec. 20817. A freestanding surgical outpatient facility shall 2
comply with section 17773. 3
Sec. 21539. A hospital shall comply with section 17773. 4