Summary — HB 4072 (Public Health Code amendment — unused ophthalmic medications)
Status & timeline
- Introduced in early 2025 (filed/introduced Feb.–Mar. 2025). Referred to the House Committee on Health Policy. Committee report completed to 5-7-2025. Reported with recommendation (4-16-2025) and passed the House (roll call 109–0) on 5-7-2025. (Companion: SB 1004.)
Purpose / intent
- Require hospitals and freestanding surgical outpatient facilities to offer patients any unused portion of facility‑provided eye drops or eye ointment that was administered during an ophthalmic surgical procedure or ophthalmic medical care when that unused portion is needed for the patient’s continued treatment. The goal is to reduce waste and cost, improve continuity of care, and avoid potential harm from delays or shortages.
Key provisions
- New sections added to the Public Health Code (proposed MCL 333.17773, 333.20817, 333.21539).
- Facilities covered: hospitals and freestanding surgical outpatient facilities licensed under article 17.
- Conditions to offer unused medication on discharge:
- The facility ordered the drug for an in‑patient ophthalmic procedure or in‑patient ophthalmic medical care;
- The drug (eye drop or eye ointment) was administered at the facility; and
- The remaining (unused) portion is required for continued treatment.
- Labeling: If a pharmacist (rather than a dispensing prescriber) dispenses the unused portion to the patient, the pharmacist must ensure the container is labeled in the same manner required for drugs dispensed by a dispensing prescriber (see MCL 333.17745(7)).
- Counseling: The prescriber who ordered the facility‑provided drug must counsel the patient on directions for use. If a pharmacist dispenses the drug to the patient, the pharmacist’s counseling requirement is waived.
- Exemption: The requirement does not apply to pharmaceuticals that are compounded under MCL 333.17748b.
Who is affected
- Patients undergoing ophthalmic surgery or receiving in‑patient ophthalmic care (benefit: fewer out‑of‑pocket costs, reduced waste, better continuity).
- Hospitals and freestanding surgical outpatient facilities (operational/policy changes).
- Prescribers (required to counsel patients on use).
- Pharmacists (labeling responsibility when they dispense; counseling waiver applies in that circumstance).
- Department of Licensing and Regulatory Affairs (LARA) — potential enforcement responsibilities.
Fiscal and other impacts
- House Fiscal Agency: indeterminate fiscal impact on LARA due to potential investigations or disciplinary actions if violations occur; possible additional fine revenue and enforcement costs.
- Supporters (testimony/positions): Michigan Society of Eye Physicians and Surgeons, Michigan Health Purchasers Coalition, Michigan State Medical Society, Michigan Nurses Association.
Notes
- Bill is identical to a prior session measure (HB 5616, 2023–24 House-passed bill).
- Text cross‑references existing labeling and compounding provisions in the Public Health Code.
