Legislation

In 2018-2019, the Michigan legislature enacted laws that address the opioid crisis impacting our communities, our patients and our providers. We worked with state regulators and lawmakers to gain clarity as these laws went into effect. Please be aware that consequences for non-adherence with these requirements range from fines and probation to license suspension or revocation.

Direct Administration of Controlled Substance – March 27, 2018

  • Before dispensing or prescribing buprenorphine, or a drug containing buprenorphine or methadone, to a patient in a substance use disorder program, a prescriber must obtain and review a MAPS report. In addition, for dispensing prescribers, individuals must report data into MAPS. 

Opioid Start Talking – June 1, 2018

  • When prescribing a controlled substance that is an opioid, patients must be informed of the risks and dangers of taking an opioid.
  • It is the provider’s responsibility to share the information on the Start Talking Form and obtain necessary signatures

Mandatory MAPS (Michigan Automated Prescribing System) – June 1, 2018

  • Subject to some exceptions, all licensed prescribers in Michigan will be required to check and review a MAPS report when prescribing more than a 3-day supply of controlled substance (schedule 2-5), including stimulants for ADHD.
  • All providers are required to register for MAPS.

Quantity Limits – July 1, 2018

  • When treating a patient for acute pain, the legislation requires that no more than a 7-day supply of an opioid within a 7-day period can be prescribed. If you prescribe more than a 3-day supply, a MAPS check is required. 

Bona Fide Relationship – January 4, 2019

Prior to prescribing a controlled substance, a prescriber must be in a bona fide prescriber-patient relationship with a patient. A bona fide relationship means a treatment or counseling relationship in which:

  • The licensed prescriber has reviewed the patient's relevant medical or clinical records and completed a full assessment of the patient's medical history and current medical condition, including a relevant medical evaluation of the patient conducted in person or via telehealth.
  • The prescriber has created and maintained records of the patient's condition in accordance with medically accepted standards. If the prescriber prescribes a controlled substance, the prescriber must also provide follow-up care or refer follow-up care to a primary care physician.

There are exceptions for prescribing controlled substances outside of the bona fide relationship law, each exception still requires action on the part of the provider prior to prescribing. For specific requirements regarding exceptions, please review LARA FAQs.