HB 4072 MI

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Became Law

Act No. 41 Public Acts of 2026 Approved by the Governor July 21, 2026 Filed with the Secretary of State July 22, 2026 EFFECTIVE DATE: Sine Die (91st day after final adjournment of the 2026 Regular Session) state of michigan 103rd Legislature Regular session of 2026 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 ENROLLED HOUSE BILL No. 4072 AN ACT to amend 1978 PA 368, entitled �An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,� (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 that is dispensed for an ophthalmic surgical procedure performed on or for ophthalmic medical care provided to a patient in a hospital or freestanding surgical outpatient facility licensed under article 17 must be offered to the patient on the patient�s discharge from the hospital or freestanding surgical outpatient facility if all of the following apply: (a) The hospital or freestanding surgical outpatient facility orders the facility-provided drug for an ophthalmic surgical procedure for the patient that is performed on an in-patient basis or for ophthalmic medical care that the patient receives from the hospital or freestanding surgical outpatient facility on an in-patient basis. (b) The facility-provided drug is administered to the patient at the hospital or freestanding surgical outpatient facility. (c) The unused portion of the facility-provided drug is required for the patient�s continued treatment.

(2) If a pharmacist, rather than a dispensing prescriber, dispenses a facility-provided drug that is offered to a patient under subsection (1), the pharmacist shall ensure that the drug is provided to the patient in a container that is labeled in the same manner as required in section 17745(7) for a drug dispensed by a dispensing prescriber. (3) The prescriber of the facility-provided drug shall counsel the patient on the directions for the patient�s use of the facility-provided drug. If a pharmacist dispenses the facility-provided drug, any counseling requirement on the pharmacist is waived. (4) As used in this section, �facility-provided drug� means a drug that meets both of the following requirements: (a) The drug is an eye drop or eye ointment. (b) The drug is not a pharmaceutical compounded under section 17748b.

Sec. 20817. A freestanding surgical outpatient facility shall comply with section 17773.

Sec. 21539. A hospital shall comply with section 17773.

Clerk of the House of Representatives

Secretary of the Senate Approved___________________________________________

____________________________________________________ Governor