Health: pharmaceuticals; allow patients to take unused portion of eye drops or eye ointments after certain procedures for continued patient care; provide for, the official text

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