Public Act 246 of 2017 includes two separate requirements for prescribers to obtain a patient’s signature certifying the receipt of information about opioids prior to prescribing a controlled substance containing an opioid for the patient. The first is a requirement that a prescriber use a “Start Talking” informed consent-type form when prescribing an opioid for a minor, with some exceptions. The second is a requirement that a patient sign a form approved by the Michigan Department of Licensing and Regulatory Affairs (“LARA”) certifying the receipt of certain opioid information from a licensed health professional prior to having an opioid prescribed for the patient (minor or adult) for other than for inpatient use. Both requirements go into effect June 1, 2018.

LARA worked with stakeholders to develop a single form that will satisfy both the Start Talking form and opioid information form requirements of PA 246 of 2017. Last week, LARA posted its approved “Opioid Start Talking” form (MDHHS-5730 (4-18a)) on its website under “Information for Prescribers.”The form is a single page document that is intended to be retained in the patient’s medical record.

Starting June 1, 2018, prescribers must begin using the Opioid Start Talking form with all patients receiving controlled substance prescriptions containing an opioid, except in the following situations:

1. The opioid is being prescribed for inpatient use for an adult.

2. The opioid is being prescribed for inpatient use for a minor in one of the following situations:

  1. Minor’s treatment is associated with or incident to a medical emergency.
  2. Minor’s treatment is associated with or incident to inpatient surgery.
  3. In the prescriber’s professional medical judgement, using the form and/or process would be detrimental to the minor’s health or safety.
  4. The minor’s treatment is rendered in a hospice or in the oncology department of a licensed hospital.
  5. The prescriber is issuing the prescription when the minor is being discharged from a hospice or from the oncology department of a licensed hospital.
  6. Consent of the minor’s parent/guardian is not legally required for the minor to obtain treatment.

LARA has announced plans to post FAQs regarding the 2017 Michigan opioid legislation on its website this spring, presumably including questions regarding the Opioid Start Talking Form. Look here for a summary of the 2017 Michigan controlled substance and opioid legislation.