HB-4813, As Passed Senate, February 1, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4813

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 7333 (MCL 333.7333), as amended by 2017 PA 251.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7333. (1) As used in this section, "good faith" means the

 

prescribing or dispensing of a controlled substance by a

 

practitioner licensed under section 7303 in the regular course of

 

professional treatment to or for an individual who is under

 

treatment by the practitioner for a pathology or condition other

 

than that individual's physical or psychological dependence upon or

 

addiction to a controlled substance, except as provided in this

 

article. Application of good faith to a pharmacist means the

 

dispensing of a controlled substance pursuant to a prescriber's

 


order which, in the professional judgment of the pharmacist, is

 

lawful. The pharmacist shall be guided by nationally accepted

 

professional standards including, but not limited to, all of the

 

following, in making the judgment:

 

     (a) Lack of consistency in the doctor-patient relationship.

 

     (b) Frequency of prescriptions for the same drug by 1

 

prescriber for larger numbers of patients.

 

     (c) Quantities beyond those normally prescribed for the same

 

drug.

 

     (d) Unusual dosages.

 

     (e) Unusual geographic distances between patient, pharmacist,

 

and prescriber.

 

     (2) Except as otherwise provided in this section, a

 

practitioner, in good faith, may dispense a controlled substance

 

included in schedule 2 upon receipt of a prescription of a

 

practitioner licensed under section 7303 on a prescription form. A

 

practitioner may issue more than 1 prescription for a controlled

 

substance included in schedule 2 on a single prescription form.

 

     (3) In an emergency situation, as described in R 338.3165 of

 

the Michigan Administrative Code, a controlled substance included

 

in schedule 2 may be dispensed upon the oral prescription of a

 

practitioner if the prescribing practitioner promptly fills out a

 

prescription form and forwards the prescription form to the

 

dispensing pharmacy within 7 days after the oral prescription is

 

issued. A prescription for a controlled substance included in

 

schedule 2 must not be filled more than 90 days after the date on

 

which the prescription was issued. A pharmacist, consistent with


federal law and regulations on the partial filling of a controlled

 

substance included in schedule 2, may partially fill in increments

 

a prescription for a controlled substance included in schedule 2.

 

     (4) A practitioner, in good faith, may dispense a controlled

 

substance included in schedule 3, 4, or 5 that is a prescription

 

drug as determined under section 503(b) of the federal food, drug,

 

and cosmetic act, 21 USC 353, or section 17708, upon receipt of a

 

prescription on a prescription form or an oral prescription of a

 

practitioner. A prescription for a controlled substance included in

 

schedule 3 or 4 must not be filled or refilled without specific

 

refill instructions noted by the prescriber. A prescription for a

 

controlled substance included in schedule 3 or 4 must not be filled

 

or refilled later than 6 months after the date of the prescription

 

or be refilled more than 5 times, unless renewed by the prescriber

 

in accordance with rules promulgated by the administrator.

 

     (5) A controlled substance included in schedule 5 must not be

 

distributed or dispensed other than for a medical purpose, or in

 

any manner except in accordance with rules promulgated by the

 

administrator.

 

     (6) If a prescription is required under this section, the

 

prescription must contain the quantity of the controlled substance

 

prescribed in both written and numerical terms. A prescription is

 

in compliance with this subsection if, in addition to containing

 

the quantity of the controlled substance prescribed in written

 

terms, it contains preprinted numbers representative of the

 

quantity of the controlled substance prescribed next to which is a

 

box or line the prescriber may check.


     (7) A prescribing practitioner shall not use a prescription

 

form for a purpose other than prescribing. A prescribing

 

practitioner shall not postdate a prescription form that contains a

 

prescription for a controlled substance. A prescriber may transmit

 

a prescription by facsimile of a printed prescription form and by

 

electronic transmission of a printed prescription form, if not

 

prohibited by federal law. If, with the patient's consent, a

 

prescription is electronically transmitted, it must be transmitted

 

directly to a pharmacy of the patient's choice by the prescriber or

 

the prescriber's authorized agent, and the data must not be

 

altered, modified, or extracted in the transmission process.

 

     (8) Notwithstanding subsections (1) to (5), an animal control

 

shelter or animal protection shelter registered with the department

 

of agriculture and rural development pursuant to 1969 PA 287, MCL

 

287.331 to 287.340, or a class B dealer may acquire a limited

 

permit only for the purpose of buying, possessing, and

 

administering a commercially prepared, premixed solution of sodium

 

pentobarbital to practice perform euthanasia on injured, sick,

 

homeless, or unwanted domestic pets and other animals, if the

 

animal control shelter or animal protection shelter or class B

 

dealer does all of the following:

 

     (a) Applies to the administrator for a permit in accordance

 

with rules promulgated under this part. The application must

 

contain the name of the individual in charge of the day-to-day

 

operations of the animal control shelter or animal protection

 

shelter or class B dealer's facilities and the name of the

 

individual responsible for designating employees who will be


practicing performing euthanasia on animals pursuant to this act.

 

     (b) Complies with the rules promulgated by the administrator

 

for the storage, handling, and use of a commercially prepared,

 

premixed solution of sodium pentobarbital to practice perform

 

euthanasia on animals. A The class B dealer shall maintain a record

 

of use must be maintained and must be shall make the record

 

available for inspection by the department of licensing and

 

regulatory affairs, the department of agriculture and rural

 

development, and the United States Department of Agriculture.

 

     (c) Certifies that Subject to subdivision (d), certifies that

 

the class B dealer or an employee of the animal control shelter or

 

animal protection shelter or class B dealer has received, and can

 

document completion of, a minimum of 8 16 hours of training, given

 

by a licensed veterinarian in the use of sodium pentobarbital

 

including at least 12 hours of content training and at least 4

 

hours of practical training, in the use of a commercially prepared,

 

premixed solution of sodium pentobarbital and an animal

 

tranquilizer to practice perform euthanasia on animals pursuant to

 

rules promulgated by the administrator, from a training program

 

approved by the state veterinarian, in consultation with the

 

Michigan board of veterinary medicine, as these rules relate to

 

this training, and that only an individual described in this

 

subdivision or an individual otherwise permitted to use a

 

controlled substance pursuant to this article will administer the

 

commercially prepared, premixed solution of sodium pentobarbital

 

according to written procedures established by the animal control

 

shelter or animal protection shelter or class B dealer.and given by


a licensed veterinarian pursuant to rules promulgated by the

 

administrator. The training described in this subdivision shall

 

comply with the American Veterinary Medical Association's

 

guidelines for the euthanasia of animals.

 

     (d) Until December 31, 2021, ensures that the class B dealer

 

or an employee of the class B dealer who received, and can document

 

the completion of, the 8 hours of training required immediately

 

before the effective date of the 2018 amendatory act that amended

 

this section only administers a commercially prepared, premixed

 

solution of sodium pentobarbital to perform euthanasia on the

 

animals described in this subsection. Beginning January 1, 2022,

 

the individuals described in this subdivision must have received,

 

and be able to document the completion of, the training described

 

in subdivision (c) to administer a commercially prepared, premixed

 

solution of sodium pentobarbital or an animal tranquilizer to

 

perform euthanasia on the animals described in this subsection.

 

     (e) Certifies that only an individual described in subdivision

 

(c) or (d) or an individual otherwise permitted to use a controlled

 

substance pursuant to this article will administer the commercially

 

prepared, premixed solution of sodium pentobarbital or an animal

 

tranquilizer according to written procedures established by the

 

class B dealer.

 

     (f) Beginning January 1, 2022, certifies that the individual

 

in charge of the day-to-day operations of the class B dealer's

 

facilities has received, and can document the completion of, the

 

training described in subdivision (c).

 

     (g) Complies with all state and federal laws, rules, and


regulations regarding the acquisition, use, and security of

 

controlled substances.

 

     (9) Notwithstanding subsections (1) to (5), an animal control

 

shelter or animal protection shelter registered with the department

 

of agriculture and rural development pursuant to 1969 PA 287, MCL

 

287.331 to 287.340, may acquire a limited permit only for the

 

purpose of buying, possessing, and administering a commercially

 

prepared, premixed solution of sodium pentobarbital, or an animal

 

tranquilizer, to use exclusively as an adjunct in the process of

 

performing euthanasia on injured, sick, homeless, or unwanted

 

domestic pets and other animals, if the animal control shelter or

 

animal protection shelter does all of the following:

 

     (a) Applies to the administrator for a permit in accordance

 

with rules promulgated under this part. The application must

 

contain the name of the individual in charge of the day-to-day

 

operations of the animal control shelter or animal protection

 

shelter and the name of the individual responsible for designating

 

employees who will be performing euthanasia on animals pursuant to

 

this act.

 

     (b) Complies with the rules promulgated by the administrator

 

for the storage, handling, and use of a commercially prepared,

 

premixed solution of sodium pentobarbital or an animal tranquilizer

 

to perform euthanasia on animals. The animal control shelter or

 

animal protection shelter shall maintain a record of use and make

 

the record available for inspection by the department of licensing

 

and regulatory affairs and the department of agriculture and rural

 

development.


     (c) Subject to subdivision (d), certifies that an employee of

 

the animal control shelter or animal protection shelter has

 

received, and can document completion of, a minimum of 16 hours of

 

training, including at least 12 hours of content training and at

 

least 4 hours of practical training, in the use of a commercially

 

prepared, premixed solution of sodium pentobarbital and an animal

 

tranquilizer to perform euthanasia on animals from a training

 

program approved by the state veterinarian, in consultation with

 

the Michigan board of veterinary medicine, and given by a licensed

 

veterinarian pursuant to rules promulgated by the administrator.

 

The training described in this subdivision must comply with the

 

American Veterinary Medical Association's guidelines for the

 

euthanasia of animals.

 

     (d) Until December 31, 2021, ensures that an employee of the

 

animal control shelter or animal protection shelter who received,

 

and can document the completion of, the training required

 

immediately before the effective date of the 2018 amendatory act

 

that amended this section only administers a commercially prepared

 

solution of xylazine hydrochloride or a commercially prepared,

 

premixed solution of sodium pentobarbital to perform euthanasia on

 

the animals described in this subsection in accordance with his or

 

her training. Beginning January 1, 2022, the employee described in

 

this subdivision must have received, and be able to document the

 

completion of, the training described in subdivision (c) to

 

administer a commercially prepared, premixed solution of sodium

 

pentobarbital or an animal tranquilizer to perform euthanasia on

 

the animals described in this subsection.


     (e) Certifies that only an individual described in subdivision

 

(c) or (d) or an individual otherwise permitted to use a controlled

 

substance pursuant to this article will administer a commercially

 

prepared, premixed solution of sodium pentobarbital or an animal

 

tranquilizer according to written procedures established by the

 

animal control shelter or animal protection shelter.

 

     (f) Beginning January 1, 2022, certifies that the individual

 

in charge of the day-to-day operations of the animal control

 

shelter or animal protection shelter has received, and can document

 

the completion of, the training described in subdivision (c).

 

     (g) Complies with all state and federal laws and regulations

 

regarding the acquisition, use, and security of controlled

 

substances.

 

     (10) (9) The application described in subsection (8) or (9)

 

must include the names and addresses of all individuals employed by

 

the animal control shelter or animal protection shelter or class B

 

dealer who have been trained as described in subsection (8)(c),

 

(d), and (f) or (9)(c), (d), and (f) and the name of the

 

veterinarian who trained them. The list of names and addresses must

 

be updated every 6 months.

 

     (11) (10) If an animal control shelter or animal protection

 

shelter or class B dealer issued a permit pursuant to subsection

 

(8) or (9) does not have in its employ an individual trained as

 

described in subsection (8)(c) or (d) and (8)(f), or (9)(c) or (d)

 

and (9)(f), the animal control shelter or animal protection shelter

 

or class B dealer shall immediately notify the administrator and

 

shall cease to administer any a commercially prepared, premixed


solution of sodium pentobarbital or an animal tranquilizer for the

 

purposes described in subsection (8) or (9) until the administrator

 

is notified that 1 of the following has occurred:

 

     (a) An individual trained as described in subsection (8)(c),

 

(d), or (f) or (9)(c), (d), or (f) has been hired by the animal

 

control shelter or animal protection shelter or class B dealer.

 

     (b) An employee of individual employed by the animal control

 

shelter or animal protection shelter or class B dealer has been

 

trained as described in subsection (8)(c) or (f) or (9)(c) or (f).

 

     (12) (11) A veterinarian, including a veterinarian who trains

 

individuals as described in subsection (8)(c), (d), or (f), or

 

(9)(c), (d), or (f), is not civilly or criminally liable for the

 

use of a commercially prepared, premixed solution of sodium

 

pentobarbital or an animal tranquilizer by an animal control

 

shelter or animal protection shelter or a class B dealer, unless

 

the veterinarian is employed by or under contract with the animal

 

control shelter or animal protection shelter or class B dealer and

 

the terms of the veterinarian's employment or the contract require

 

the veterinarian to be responsible for the use or administration of

 

the commercially prepared, premixed solution of sodium

 

pentobarbital or animal tranquilizer.

 

     (13) (12) A person shall not knowingly use or permit the use

 

of a commercially prepared, premixed solution of sodium

 

pentobarbital or an animal tranquilizer in violation of this

 

section.

 

     (14) (13) This section does not require that a veterinarian be

 

employed by or under contract with an animal control shelter or


animal protection shelter or class B dealer to obtain, possess, or

 

administer a commercially prepared, premixed solution of sodium

 

pentobarbital or an animal tranquilizer pursuant to this section.

 

     (15) (14) Notwithstanding subsections (1) to (5), an animal

 

control shelter registered with the department of agriculture and

 

rural development pursuant to 1969 PA 287, MCL 287.331 to 287.340,

 

may acquire a limited permit only for the purpose of buying,

 

possessing, and administering a commercially prepared solution of

 

an animal tranquilizer to sedate a feral, wild, difficult to

 

handle, or other animal for euthanasia, or to tranquilize or

 

immobilize an animal running at large that is dangerous or

 

difficult to capture, if the animal control shelter does all of the

 

following:

 

     (a) Applies to the administrator for a permit in accordance

 

with the rules promulgated under this part. The application must

 

contain the name of the individual in charge of the day-to-day

 

operations of the animal control shelter and the name of the

 

individual responsible for designating employees who will be

 

administering an animal tranquilizer pursuant to this act.

 

     (b) Complies with the rules promulgated by the administrator

 

for the storage, handling, and use of a commercially prepared

 

solution of an animal tranquilizer. A The animal control shelter

 

shall maintain a record of use must be maintained and must be shall

 

make the record available for inspection by the department of

 

licensing and regulatory affairs and the department of agriculture

 

and rural development.

 

     (c) Certifies Subject to subdivision (d), certifies that an


employee of the animal control shelter has received, and can

 

document completion of, a both of the following in the following

 

order:

 

     (i) The training described in subsection (9)(c).

 

     (ii) A minimum of 16 hours of training, including at least 3

 

12 hours of content training and at least 4 hours of practical

 

training, in the use of animal tranquilizers on animals to sedate

 

or immobilize the animals described in this subsection from a

 

training program approved by the state veterinarian, in

 

consultation with the Michigan board of veterinary medicine, and

 

given by a licensed veterinarian pursuant to rules promulgated by

 

the administrator. , in consultation with the Michigan board of

 

veterinary medicine as these rules relate to this training, and

 

that only an individual described in this subdivision or an

 

individual otherwise permitted to use a controlled substance

 

pursuant to this article will administer the commercially prepared

 

solution of an animal tranquilizer according to written procedures

 

established by the animal control shelter.

 

     (d) Until December 31, 2021, ensures that an employee of the

 

animal control shelter who received, and can document the

 

completion of, the training required immediately before the

 

effective date of the 2018 amendatory act that amended this section

 

only administers a commercially prepared solution of xylazine

 

hydrochloride to sedate or immobilize the animals described in this

 

subsection. Beginning January 1, 2022, the employee described in

 

this subdivision must have received, and be able to document the

 

completion of, the training described in subdivision (c) to


administer an animal tranquilizer to perform euthanasia on the

 

animals described in this subsection.

 

     (e) Certifies that only an individual described in subdivision

 

(c) or (d) or an individual otherwise permitted to use a controlled

 

substance pursuant to this article will administer an animal

 

tranquilizer according to written procedures established by the

 

animal control shelter.

 

     (f) Beginning January 1, 2022, certifies that the individual

 

in charge of the day-to-day operations of the animal control

 

shelter has received, and can document the completion of, the

 

training described in subdivision (c).

 

     (g) Complies with all state and federal laws, rules, and

 

regulations regarding the acquisition, use, and security of

 

controlled substances.

 

     (15) Notwithstanding subsections (1) to (5), an animal

 

protection shelter registered with the department of agriculture

 

and rural development pursuant to 1969 PA 287, MCL 287.331 to

 

287.340, may acquire a limited permit only for the purpose of

 

buying, possessing, and administering a commercially prepared

 

solution of an animal tranquilizer to sedate a feral, wild,

 

difficult to handle, or other animal for euthanasia, if the animal

 

protection shelter does all of the following:

 

     (a) Applies to the administrator for a permit in accordance

 

with the rules promulgated under this part. The application must

 

contain the name of the individual in charge of the day-to-day

 

operations of the animal protection shelter and the name of the

 

individual responsible for designating employees who will be


administering an animal tranquilizer pursuant to this act.

 

     (b) Complies with the rules promulgated by the administrator

 

for the storage, handling, and use of a commercially prepared

 

solution of an animal tranquilizer. A record of use must be

 

maintained and must be available for inspection by the department

 

of agriculture and rural development.

 

     (c) Certifies that an employee of the animal protection

 

shelter has received, and can document completion of, a minimum of

 

16 hours of training, including at least 3 hours of practical

 

training, in the use of animal tranquilizers on animals from a

 

training program approved by the state veterinarian, in

 

consultation with the Michigan board of veterinary medicine, and

 

given by a licensed veterinarian pursuant to rules promulgated by

 

the administrator, in consultation with the Michigan board of

 

veterinary medicine as these rules relate to this training, and

 

that only an individual described in this subdivision or an

 

individual otherwise permitted to use a controlled substance

 

pursuant to this article will administer the commercially prepared

 

solution of an animal tranquilizer according to written procedures

 

established by the animal protection shelter.

 

     (16) The application described in subsection (14) or (15) must

 

include the names and business addresses of all individuals

 

employed by the animal control shelter or animal protection shelter

 

who have been trained as described in subsection (14)(c) or

 

(15)(c), (d), and (f) and must include documented proof of the

 

training. The list of names and business addresses must be updated

 

every 6 months.


     (17) If an animal control shelter or animal protection shelter

 

issued a permit pursuant to subsection (14) or (15) does not have

 

in its employ an individual trained as described in subsection

 

(14)(c) or (15)(c), or (d) and (15)(f), the animal control shelter

 

or animal protection shelter shall immediately notify the

 

administrator and shall cease to administer any commercially

 

prepared solution of an animal tranquilizer for the purposes

 

described in subsection (15) until the administrator is notified

 

that 1 of the following has occurred:

 

     (a) An individual trained as described in subsection (14)(c)

 

or (15)(c), (d), or (f) has been hired by the animal control

 

shelter. or animal protection shelter.

 

     (b) An employee of individual employed by the animal control

 

shelter or animal protection shelter has been trained as described

 

in subsection (14)(c) or (15)(c) or (f).

 

     (18) A veterinarian, including a veterinarian who trains

 

individuals as described in subsection (14)(c) or (15)(c), (d), or

 

(f), is not civilly or criminally liable for the use of an animal

 

tranquilizer by an animal control shelter or animal protection

 

shelter unless the veterinarian is employed by or under contract

 

with the animal control shelter or animal protection shelter and

 

the terms of the veterinarian's employment or the contract require

 

the veterinarian to be responsible for the use or administration of

 

the commercially prepared solution of an animal tranquilizer.

 

     (19) A person shall not knowingly use or permit the use of an

 

animal tranquilizer in violation of this section.

 

     (20) This section does not require that a veterinarian be


employed by or under contract with an animal control shelter or

 

animal protection shelter to obtain, possess, or administer a

 

commercially prepared solution of an animal tranquilizer pursuant

 

to this section.

 

     (19) (21) As used in this section:

 

     (a) "Animal tranquilizer" means a commercially prepared

 

solution of xylazine hydrochloride, or other animal tranquilizing

 

drug as approved by the United States Food and Drug Administration

 

and by the state department of agriculture and rural development

 

for use as described in this section.a commercially prepared

 

solution of ketamine, or a commercially prepared compound

 

containing tiletamine and zolazepam.

 

     (b) "Class B dealer" means a class B dealer licensed by the

 

United States Department of Agriculture pursuant to the animal

 

welfare act, 7 USC 2131 to 2159 and the department of agriculture

 

and rural development pursuant to 1969 PA 224, MCL 287.381 to

 

287.395.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.