HOUSE BILL No. 5260 October 17, 2001, Introduced by Reps. George, Woronchak, Howell, Julian, Richardville, Stewart, Basham, Raczkowski, Vander Veen, Scranton, Patterson, Ehardt, Jelinek, Voorhees, Shulman, Plakas, Anderson, Shackleton, Vear, Stamas, Pappageorge, Meyer, Kuipers, Middaugh, Hummel, Gilbert, Allen, Kowall, Kooiman, Cassis, Pumford, Cameron Brown, Sanborn, Newell, Van Woerkom, DeVuyst, Birkholz, Faunce and Neumann and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7333, 7401, 7403, 7407, 7521, 16204b, 16204c, and 16204d (MCL 333.7333, 333.7401, 333.7403, 333.7407, 333.7521, 333.16204b, 333.16204c, and 333.16204d), section 7333 as amended by 1993 PA 138, sections 7401 and 7403 as amended by 2000 PA 314, section 7407 as amended by 1993 PA 80, section 7521 as amended by 2000 PA 302, section 16204b as added by 1998 PA 422, and sections 16204c and 16204d as added by 1998 PA 423, and by adding section 7333a; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7333. (1) Except as otherwise provided in this 2 section,and section 17766b,a controlled substance included in 3schedule 2SCHEDULES 2, 3, 4, AND 5 or an androgenic anabolic 03384'01 * CPD 2 1 steroid as defined in section 17766a shall not be dispensed 2 without thewrittenprescription of a practitioner licensed 3 under section 7303 onan officialA prescription form OR 4 FORMAT. A PRACTITIONER SHALL NOT ISSUE MORE THAN 1 PRESCRIPTION 5 FOR A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE 2 ON A SINGLE 6 PRESCRIPTION FORM. 7 (2) In an emergency situation, asdefined by rule of the8administratorDESCRIBED IN R 338.3165 OF THE MICHIGAN ADMINIS- 9 TRATIVE CODE, a controlled substance included in schedule 2 or an 10 androgenic anabolic steroid may be dispensed upon THE oral pre- 11 scription of a practitioner.if, except as otherwise provided in12this section and section 17766b, the prescribing practitioner13promptly fills out an official prescription form and, until14January 1, 1995, forwards the first and second copies of the15official prescription form or, beginning January 1, 1995, for-16wards the official prescription form to the dispensing pharmacy17within 72 hours after the oral prescription is issued, in compli-18ance with section 7334(6). A prescription for an androgenic ana-19bolic steroid other than methyltestosterone, testosterone, or20fluoxymensterone, whether that methyltestosterone, testosterone,21or fluoxymensterone is prescribed alone or in combination with22any other drug for which an official prescription form is not23required, or for a controlled substance included in schedule 224shall not be refilled.Except for a terminally ill patient whose 25 terminal illness the pharmacist documents pursuant to rules 26 promulgated by the administrator, a prescription for an 27 androgenic anabolic steroid other than methyltestosterone, 03384'01 * 3 1 testosterone, or fluoxymensterone, whether that 2 methyltestosterone, testosterone, or fluoxymensterone is pre- 3 scribed alone or in combination with any other drugfor which an4official prescription form is not required,or for a controlled 5 substance included in schedule 2 shall not be filled more than 65180 days after the date on which the prescription was 7 issued. A prescription for a controlled substance included in 8 schedule 2 for a terminally ill patient whose terminal illness 9 the pharmacist documents pursuant to rules promulgated by the 10 administrator may be partially filled in increments for not more 11 than 60 days after the date on which the prescription was 12 issued. 13(3) The following are not required to be on an official14prescription form:15(a) A controlled substance included in schedule 2 or an16androgenic anabolic steroid that is ordered for and administered17to a patient in a hospital licensed by the department of public18health or the department of mental health. An off-site pharmacy19receiving a prescriber's order pursuant to this subdivision shall20record the order as required by section 17708(3) and shall retain21that record as if it were an official prescription form.22(b) A controlled substance included in schedule 2 or an23androgenic anabolic steroid that is ordered for and administered24to a patient on the premises of a licensed health facility or25agency other than a hospital. An off-site pharmacy receiving a26prescriber's order pursuant to this subdivision shall record the03384'01 * 4 1order as required by section 17708(3) and shall retain that2record as if it were an official prescription form.3(c) A controlled substance included in schedule 2 or an4androgenic anabolic steroid that is administered to a patient in5the private practice office of a licensed physician, dentist, or6podiatrist.7(d) A controlled substance included in schedule 2 or an8androgenic anabolic steroid that is administered to an animal by9a licensed veterinarian in a veterinarian's office, animal10clinic, animal hospital, zoo, or on the premises of the animal's11domicile, and a commercially prepared, premixed solution of12sodium pentobarbital administered to an animal for the purpose of13euthanasia.14(e) A prescription issued by a practitioner residing adja-15cent to the land border between this state and an adjoining state16who is authorized under the laws of that state to practice a17health profession and whose practice may extend into this state,18but who does not maintain an office or designate a place to meet19patients or receive calls in this state.20(f) A prescription for methyltestosterone, testosterone, or21fluoxymensterone, alone or in combination with any other drug for22which an official prescription form is not required.23(g) A controlled substance described in section247214(c)(iv).25 (3)(4)Unless dispensed directly by a practitioner, other 26 than a pharmacist, to an ultimate user, a controlled substance 27 included in schedule 3 or 4 that is a prescription drug as 03384'01 * 5 1 determined under section 503(b) of the federal food, drug, and 2 cosmetic act, chapter 675, 52 Stat.10401051, 21 U.S.C. 353, 3 or section 17708, shall not be dispensed without awritten4 PRESCRIPTION ON A PRESCRIPTION FORM or AN oral prescription of a 5 practitioner.TheA prescription FOR A CONTROLLED SUBSTANCE 6 INCLUDED IN SCHEDULE 3 OR 4 shall not be filled or refilled with- 7 out specific refill instructions noted by the prescriber.The8 A prescription FOR A CONTROLLED SUBSTANCE INCLUDED IN SCHEDULE 3 9 OR 4 shall not be filled or refilled later than 6 months after 10 the date of the prescription or be refilled more than 5 times, 11 unless renewed by thepractitionerPRESCRIBER in accordance 12 with rules promulgated by the administrator. 13 (4)(5)A controlled substance included in schedule 5 14 shall not be distributed or dispensed other than for a medical 15 purpose, or in any manner except in accordance with rules promul- 16 gated by the administrator. 17 (5)(6)If awrittenprescription is required under this 18 section, thewrittenprescription shall contain the quantity of 19 the controlled substanceor androgenic anabolic steroidpre- 20 scribed in both written and numerical terms. Awrittenpre- 21 scription is in compliance with this subsection if, in addition 22 to containing the quantity of the controlled substanceor andro-23genic anabolic steroidprescribed in written terms, it contains 24 preprinted numbers representative of the quantity of the con- 25 trolled substanceor an androgenic anabolic steroidprescribed 26 next to which is a box or line the prescriber may check. 03384'01 * 6 1 (6)(7)A prescribing practitioner shall not use a 2 prescription form for a purpose other than prescribing.A3prescribing practitioner shall not postdate an official prescrip-4tion form. A prescribing practitioner shall not sign an official5prescription form on a day other than the day the prescription is6issued.A PRESCRIBING PRACTITIONER SHALL NOT POSTDATE A PRE- 7 SCRIPTION FORM FOR A CONTROLLED SUBSTANCE. 8 (7)(8)Notwithstanding subsections (1) to(7)(4), a 9 dog pound or animal shelter licensed or registered by the depart- 10 ment of agriculture pursuant toAct No. 287 of the Public Acts11of 1969, being sections 287.331 to 287.340 of the Michigan12Compiled Laws1969 PA 287, MCL 287.331 TO 287.340, or a class B 13 dealer may acquire a limited permit only for the purpose of 14 buying, possessing, and administering a commercially prepared, 15 premixed solution of sodium pentobarbital to practice euthanasia 16 on injured, sick, homeless, or unwanted domestic pets and other 17 animals, if the dog pound or animal shelter or class B dealer 18 does all of the following: 19 (a) Applies to the administrator for a permit in accordance 20 with rules promulgated under this part. The application shall 21 contain the name of the individual in charge of the day to day 22 operations of the dog pound or animal shelter or class B dealer's 23 facilities and the name of the individual responsible for desig- 24 nating employees who will be practicing euthanasia on animals 25 pursuant to this act. 26 (b) Complies with the rules promulgated by the administrator 27 for the storage, handling, and use of commercially prepared, 03384'01 * 7 1 premixed solution of sodium pentobarbital to practice euthanasia 2 on animals. A record of use shall be maintained and shall be 3 available for inspection. 4 (c) Certifies that an employee of the dog pound or animal 5 shelter or class B dealer has received, and can document comple- 6 tion of, a minimum of 8 hours of training given by a licensed 7 veterinarian in the use of sodium pentobarbital to practice 8 euthanasia on animals pursuant to rules promulgated by the admin- 9 istrator, in consultation with the Michigan board of veterinary 10 medicine as these rules relate to this training, and that only an 11 individual described in this subdivision or an individual other- 12 wise permitted to use a controlled substance pursuant to this 13 article will administer the commercially prepared, premixed solu- 14 tion of sodium pentobarbital according to written procedures 15 established by the dog pound or animal shelter or class B 16 dealer. 17 (8)(9)The application described in subsection(8)(7) 18 shall include the names and addresses of all individuals employed 19 by the dog pound or animal shelter or class B dealer who have 20 been trained as described in subsection(8)(c)(7)(C) and the 21 name of the veterinarian who trained them. The list of names and 22 addresses shall be updated every 6 months. 23 (9)(10)If a dog pound or animal shelter or class B 24 dealer issued a permit pursuant to subsection(8)(7) does not 25 have in its employ an individual trained as described in subsec- 26 tion(8)(c)(7)(C), the dog pound or animal shelter or class B 27 dealer shall immediately notify the administrator and shall cease 03384'01 * 8 1 to administer any commercially prepared, premixed solution of 2 sodium pentobarbital until the administrator is notified that 1 3 of the following has occurred: 4 (a) An individual trained as described in subsection 5(8)(c)(7)(C) has been hired by the dog pound or animal shelter 6 or class B dealer. 7 (b) An employee of the dog pound or animal shelter or class 8 B dealer has been trained as described in subsection(8)(c)9 (7)(C). 10 (10)(11)A veterinarian, including a veterinarian who 11 trains individuals as described in subsection(8)(c)(7)(C), is 12 not civilly or criminally liable for the use of a commercially 13 prepared, premixed solution of sodium pentobarbital by a dog 14 pound or animal shelter or class B dealer unless the veterinarian 15 is employed by or under contract with the dog pound or animal 16 shelter or class B dealer and the terms of the veterinarian's 17 employment or the contract require the veterinarian to be respon- 18 sible for the use or administration of the commercially prepared, 19 premixed solution of sodium pentobarbital. 20 (11)(12)A person shall not knowingly use or permit the 21 use of a commercially prepared, premixed solution of sodium pen- 22 tobarbital in violation of this section. 23 (12)(13)This section does not require that a veterinar- 24 ian be employed by or under contract with a dog pound or animal 25 shelter or class B dealer to obtain, possess, or administer a 26 commercially prepared, premixed solution of sodium pentobarbital 27 pursuant to this section. 03384'01 * 9 1 (13)(14)As used in this section, "class B dealer" means 2 a class B dealer licensed by the United States department of 3 agriculture pursuant to the animal welfare act, Public Law 4 89-544, 7 U.S.C. 2131 to 2147, 2149, and 2151 to 2159 and the 5 department of agriculture pursuant toAct No. 224 of the Public6Acts of 1969, being sections 287.381 to 287.395 of the Michigan7Compiled Laws1969 PA 224, MCL 287.381 TO 287.395. 8 SEC. 7333A. (1) THE DEPARTMENT SHALL ESTABLISH, BY RULE, AN 9 ELECTRONIC SYSTEM MONITORING SCHEDULE 2, 3, 4, AND 5 CONTROLLED 10 SUBSTANCES DISPENSED BY PHARMACISTS AND DISPENSING PRESCRIBERS 11 LICENSED UNDER PART 177. THE RULES SHALL PROVIDE AN APPROPRIATE 12 ELECTRONIC FORMAT FOR THE REPORTING OF DATA INCLUDING, BUT NOT 13 LIMITED TO, PATIENT IDENTIFIERS, THE NAME OF THE DRUG DISPENSED, 14 DATE OF DISPENSING, QUANTITY DISPENSED, PRESCRIBER, AND 15 DISPENSER. THE ADMINISTRATOR, IN CONJUNCTION WITH THE DEPART- 16 MENT, SHALL DETERMINE THE APPROPRIATE CONTROLLED SUBSTANCES AND 17 CONTROLLED SUBSTANCES SCHEDULES TO MONITOR. THE RULES SHALL 18 EXEMPT BOTH OF THE FOLLOWING CIRCUMSTANCES FROM THE REPORTING 19 REQUIREMENTS: 20 (A) THE ADMINISTRATION OF A CONTROLLED SUBSTANCE DIRECTLY TO 21 A PATIENT. 22 (B) THE DISPENSING FROM A HEALTH FACILITY LICENSED UNDER 23 ARTICLE 17 OF A CONTROLLED SUBSTANCE BY A DISPENSING PRESCRIBER 24 IN A QUANTITY ADEQUATE TO TREAT A PATIENT FOR NOT MORE THAN 48 25 HOURS. 26 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, 27 REPORTING IS MANDATORY FOR A PHARMACIST, VETERINARIAN, AND 03384'01 * 10 1 DISPENSING PRESCRIBER. THE DEPARTMENT MAY ISSUE A WRITTEN WAIVER 2 FOR USE OF THE ELECTRONIC SYSTEM DESCRIBED IN SUBSECTION (1) TO 3 ANY PHARMACIST, VETERINARIAN, OR DISPENSING PRESCRIBER WHO ESTAB- 4 LISHES GROUNDS FOR INABILITY TO USE THE ELECTRONIC SYSTEM. 5 Sec. 7401. (1) Except as authorized by this article, a 6 person shall not manufacture, create, deliver, or possess with 7 intent to manufacture, create, or deliver a controlled substance, 8 a prescription form,an official prescription form,or a coun- 9 terfeit prescription form. A practitioner licensed by the admin- 10 istrator under this article shall not dispense, prescribe, or 11 administer a controlled substance for other than legitimate and 12 professionally recognized therapeutic or scientific purposes or 13 outside the scope of practice of the practitioner, licensee, or 14 applicant. 15 (2) A person who violates this section as to: 16 (a) A controlled substance classified in schedule 1 or 2 17 that is a narcotic drug or a drug described in section 18 7214(a)(iv) and: 19 (i) Which is in an amount of 650 grams or more of any mix- 20 ture containing that substance is guilty of a felony punishable 21 by imprisonment for life or any term of years but not less than 22 20 years. 23 (ii) Which is in an amount of 225 grams or more, but less 24 than 650 grams, of any mixture containing that substance is 25 guilty of a felony and shall be imprisoned for not less than 20 26 years nor more than 30 years. 03384'01 * 11 1 (iii) Which is in an amount of 50 grams or more, but less 2 than 225 grams, of any mixture containing that substance is 3 guilty of a felony and shall be imprisoned for not less than 10 4 years nor more than 20 years. 5 (iv) Which is in an amount less than 50 grams, of any mix- 6 ture containing that substance is guilty of a felony and shall be 7 imprisoned for not less than 1 year nor more than 20 years, and 8 may be fined not more than $25,000.00, or placed on probation for 9 life. 10 (b) Either of the following: 11 (i) A substance described in section 7214(c)(ii) is guilty 12 of a felony punishable by imprisonment for not more than 20 years 13 or a fine of not more than $25,000.00, or both. 14 (ii) Any other controlled substance classified in schedule 15 1, 2, or 3, except marihuana is guilty of a felony punishable by 16 imprisonment for not more than 7 years or a fine of not more than 17 $10,000.00, or both. 18 (c) A substance classified in schedule 4 is guilty of a 19 felony punishable by imprisonment for not more than 4 years or a 20 fine of not more than $2,000.00, or both. 21 (d) Marihuana or a mixture containing marihuana is guilty of 22 a felony punishable as follows: 23 (i) If the amount is 45 kilograms or more, or 200 plants or 24 more, by imprisonment for not more than 15 years or a fine of not 25 more than $10,000,000.00, or both. 26 (ii) If the amount is 5 kilograms or more but less than 45 27 kilograms, or 20 plants or more but fewer than 200 plants, by 03384'01 * 12 1 imprisonment for not more than 7 years or a fine of not more than 2 $500,000.00, or both. 3 (iii) If the amount is less than 5 kilograms or fewer than 4 20 plants, by imprisonment for not more than 4 years or a fine of 5 not more than $20,000.00, or both. 6 (e) A substance classified in schedule 5 is guilty of a 7 felony punishable by imprisonment for not more than 2 years or a 8 fine of not more than $2,000.00, or both. 9(f) An official prescription form or a counterfeit official10prescription form is guilty of a felony punishable by imprison-11ment for not more than 20 years or a fine of not more than12$25,000.00, or both.13 (F)(g)A prescription form or a counterfeit prescription 14 formother than an official prescription form or a counterfeit15official prescription formis guilty of a felony punishable by 16 imprisonment for not more than 7 years or a fine of not more than 17 $5,000.00, or both. 18 (3) A term of imprisonment imposed under subsection (2)(a) 19 or section 7403(2)(a)(i), (ii), (iii), or (iv) shall be imposed 20 to run consecutively with any term of imprisonment imposed for 21 the commission of another felony. An individual subject to a 22 mandatory term of imprisonment under subsection (2)(a) or section 23 7403(2)(a)(i), (ii), (iii), or (iv) is not eligible for proba- 24 tion, suspension of that sentence, or parole during that manda- 25 tory term, except to the extent that those provisions permit pro- 26 bation for life, and shall not receive a reduction in that 03384'01 * 13 1 mandatory term of imprisonment by disciplinary credits or any 2 other type of sentence credit reduction. 3 (4) The court may depart from the minimum term of imprison- 4 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if 5 the court finds on the record that there are substantial and com- 6 pelling reasons to do so. In addition, if any of the following 7 apply, the court may depart from the minimum term of imprisonment 8 authorized under subsection (2)(a)(ii), (iii), or (iv) if the 9 individual has not previously been convicted of a felony or an 10 assaultive crime and has not been convicted of another felony or 11 assaultive crime arising from the same transaction as the viola- 12 tion of this section: 13 (a) The person is within the jurisdiction of the circuit 14 court under section 606 of the revised judicature act of 1961, 15 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of the 16 probate code of 1939, 1939 PA 288, MCL 712A.4. 17 (b) The person is being sentenced under section 18(1)(n) of 18 chapter XIIA of the probate code of 1939, 1939 PA 288, 19 MCL 712A.18. 20 (5) As used in this section: 21 (a) "Assaultive crime" means a violation of sections 81 to 22 90 of the Michigan penal code, 1931 PA 328, MCL 750.81 to 23 750.90. 24 (b) "Plant" means a marihuana plant that has produced coty- 25 ledons or a cutting of a marihuana plant that has produced 26 cotyledons. 03384'01 * 14 1 Sec. 7403. (1) A person shall not knowingly or 2 intentionally possess a controlled substance, a controlled 3 substance analogue,or an official prescription formor a pre- 4 scription form unless the controlled substance, controlled sub- 5 stance analogue,official prescription form,or prescription 6 form was obtained directly from, or pursuant to, a valid pre- 7 scription or order of a practitioner while acting in the course 8 of the practitioner's professional practice, or except as other- 9 wise authorized by this article. 10 (2) A person who violates this section as to: 11 (a) A controlled substance classified in schedule 1 or 2 12 that is a narcotic drug or a drug described in section 13 7214(a)(iv), and: 14 (i) Which is in an amount of 650 grams or more of any mix- 15 ture containing that substance is guilty of a felony and shall be 16 imprisoned for life except as otherwise provided in this 17 subparagraph. A person convicted of violating this subparagraph 18 may be punished as provided by law by imposing a sentence of 19 imprisonment for any term of years but not less than 25 years if 20 any of the following apply: 21 (A) The person is within the jurisdiction of the circuit 22 court under section 606 of the revised judicature act of 1961, 23 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of the 24 probate code of 1939, 1939 PA 288, MCL 712A.4. 25 (B) The person is being sentenced under section 18(1)(n) of 26 chapter XIIA of the probate code of 1939, 1939 PA 288, 27 MCL 712A.18. 03384'01 * 15 1 (ii) Which is in an amount of 225 grams or more, but less 2 than 650 grams, of any mixture containing that substance is 3 guilty of a felony and shall be imprisoned for not less than 20 4 years nor more than 30 years. 5 (iii) Which is in an amount of 50 grams or more, but less 6 than 225 grams, of any mixture containing that substance is 7 guilty of a felony and shall be imprisoned for not less than 10 8 years nor more than 20 years. 9 (iv) Which is in an amount of 25 grams or more, but less 10 than 50 grams of any mixture containing that substance is guilty 11 of a felony and shall be imprisoned for not less than 1 year and 12 not more than 4 years, and may be fined not more than $25,000.00 13 or placed on probation for life. 14 (v) Which is in an amount less than 25 grams of any mixture 15 containing that substance is guilty of a felony punishable by 16 imprisonment for not more than 4 years or a fine of not more than 17 $25,000.00, or both. 18 (b) Either of the following: 19 (i) A substance described in section 7214(c)(ii) is guilty 20 of a felony punishable by imprisonment for not more than 10 years 21 or a fine of not more than $15,000.00, or both. 22 (ii) A controlled substance classified in schedule 1, 2, 3, 23 or 4, except a controlled substance for which a penalty is pre- 24 scribed in subdivision (a), (b)(i), (c), or (d), or a controlled 25 substance analogue is guilty of a felony punishable by imprison- 26 ment for not more than 2 years or a fine of not more than 27 $2,000.00, or both. 03384'01 * 16 1 (c) Lysergic acid diethylamide, peyote, mescaline, 2 dimethyltryptamine, psilocyn, psilocybin, or a controlled sub- 3 stance classified in schedule 5,is guilty of a misdemeanor 4 punishable by imprisonment for not more than 1 year or a fine of 5 not more than $2,000.00, or both. 6 (d) Marihuana,is guilty of a misdemeanor punishable by 7 imprisonment for not more than 1 year or a fine of not more than 8 $2,000.00, or both. 9(e) An official prescription form, is guilty of a felony10punishable by imprisonment for not more than 1 year or a fine of11not more than $2,000.00, or both.12 (E)(f)A prescription formother than an official pre-13scription form,is guilty of a misdemeanor punishable by impris- 14 onment for not more than 1 year or a fine of not more than 15 $1,000.00, or both. 16 (3) The court may depart from the minimum term of imprison- 17 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if 18 the court finds on the record that there are substantial and com- 19 pelling reasons to do so. In addition, if any of the following 20 apply, the court may depart from the minimum term of imprisonment 21 authorized under subsection (2)(a)(ii), (iii), or (iv) if the 22 individual has not previously been convicted of a felony or an 23 assaultive crime and has not been convicted of another felony or 24 assaultive crime arising from the same transaction as the viola- 25 tion of this section: 26 (a) The person is within the jurisdiction of the circuit 27 court under section 606 of the revised judicature act of 1961, 03384'01 * 17 1 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of the 2 probate code of 1939, 1939 PA 288, MCL 712A.4. 3 (b) The person is being sentenced under section 18(1)(n) of 4 chapter XIIA of the probate code of 1939, 1939 PA 288, 5 MCL 712A.18. 6 (4) As used in subsection (3), "assaultive crime" means a 7 violation of sections 81 to 90 of the Michigan penal code, 1931 8 PA 328, MCL 750.81 to 750.90. 9 Sec. 7407. (1) A person shall not knowingly or 10 intentionally: 11 (a) Distribute as a licensee a controlled substance classi- 12 fied in schedule 1 or 2, except pursuant to an order form as 13 required by section 7331. 14 (b) Use in the course of the manufacture or distribution of 15 a controlled substance a license numberwhichTHAT is ficti- 16 tious, revoked, suspended, or issued to another person. 17 (c) Acquire or obtain possession of a controlled substance 18 by misrepresentation, fraud, forgery, deception, or subterfuge. 19 (d) Furnish false or fraudulent material information in, or 20 omit any material information from, an application, report, 21official prescription form,or other document required to be 22 kept or filed under this article, or any record required to be 23 kept by this article. 24 (e) Make, distribute, or possess a punch, die, plate, stone, 25 or other thing designed to print, imprint, or reproduce the 26 trademark, trade name, or other identifying mark, imprint, or 27 device of another or any likeness of any of the foregoing upon a 03384'01 * 18 1 drug or container or labeling thereof so as to render the drug a 2 counterfeit substance. 3(f) Knowingly and intentionally give, permit, or obtain4access to information submitted to the department of commerce5under section 7334, except as otherwise authorized by this6article.7 (F)(g)Possess counterfeit prescription forms, except as 8 an agent of government while engaged in the enforcement of this 9 part. 10 (2) A person shall not refuse or knowingly fail to make, 11 keep, or furnish any record, notification, order form, statement, 12 invoice, or other information required under this article. 13 (3) A person who violates this section is guilty of a 14 felony, punishable by imprisonment for not more than 4 years, or 15 a fine of not more than $30,000.00, or both. 16 Sec. 7521. (1) The following property is subject to 17 forfeiture: 18 (a) A prescription form,official prescription form,con- 19 trolled substance, an imitation controlled substance, a con- 20 trolled substance analogue, an androgenic anabolic steroid, a 21 counterfeit androgenic anabolic steroid, or other drug that has 22 been manufactured, distributed, dispensed, used, possessed, or 23 acquired in violation of this article or section 17766a. 24 (b) A raw material, product, or equipment of any kind that 25 is used, or intended for use, in manufacturing, compounding, pro- 26 cessing, delivering, importing, or exporting a controlled 27 substance, a controlled substance analogue, an androgenic 03384'01 * 19 1 anabolic steroid, a counterfeit androgenic anabolic steroid, or 2 other drug in violation of this article or section 17766a; or a 3 raw material, product, or equipment of any kind that is intended 4 for use in manufacturing, compounding, processing, delivering, 5 importing, or exporting an imitation controlled substance in vio- 6 lation of section 7341. 7 (c) Property that is used, or intended for use, as a con- 8 tainer for property described in subdivision (a) or (b). 9 (d) Except as provided in subparagraphs (i) to (iv), a con- 10 veyance, including an aircraft, vehicle, or vessel used or 11 intended for use, to transport, or in any manner to facilitate 12 the transportation, for the purpose of sale or receipt of prop- 13 erty described in subdivision (a) or (b): 14 (i) A conveyance used by a person as a common carrier in the 15 transaction of business as a common carrier is not subject to 16 forfeiture unless it appears that the owner or other person in 17 charge of the conveyance is a consenting party or privy to a vio- 18 lation of this article. 19 (ii) A conveyance is not subject to forfeiture by reason of 20 any act or omission established by the owner of that conveyance 21 to have been committed or omitted without the owner's knowledge 22 or consent. 23 (iii) A conveyance is not subject to forfeiture for a viola- 24 tion of section 7403(2)(c) or (d), section 7404, or 25 section 7341(4). 26 (iv) A forfeiture of a conveyance encumbered by a bona fide 27 security interest is subject to the interest of the secured party 03384'01 * 20 1 who neither had knowledge of nor consented to the act or 2 omission. 3 (e) Books, records, and research products and materials, 4 including formulas, microfilm, tapes, and data used, or intended 5 for use, in violation of this article or section 17766a. 6 (f) Any thing of value that is furnished or intended to be 7 furnished in exchange for a controlled substance, an imitation 8 controlled substance, an androgenic anabolic steroid, a counter- 9 feit androgenic anabolic steroid, or other drug in violation of 10 this article or section 17766a that is traceable to an exchange 11 for a controlled substance, an imitation controlled substance, an 12 androgenic anabolic steroid, a counterfeit androgenic anabolic 13 steroid, or other drug in violation of this article or section 14 17766a, or that is used or intended to be used to facilitate any 15 violation of this article or section 17766a including, but not 16 limited to, money, negotiable instruments, or securities. To the 17 extent of the interest of an owner, a thing of value is not 18 subject to forfeiture under this subdivision by reason of any act 19 or omission that is established by the owner of the item to have 20 been committed or omitted without the owner's knowledge or 21 consent. Any money that is found in close proximity to any prop- 22 erty that is subject to forfeiture under subdivision (a), (b), 23 (c), (d), or (e) is presumed to be subject to forfeiture under 24 this subdivision. This presumption may be rebutted by clear and 25 convincing evidence. 26 (g) Any other drug paraphernalia not described in 27 subdivision (b) or (c). 03384'01 * 21 1 (2) As used in this section: 2 (a) "Androgenic anabolic steroid" means that term as defined 3 in section 17766a. 4 (b) "Counterfeit androgenic anabolic steroid" means that 5 term as defined in section 17766a. 6 (c) "Imitation controlled substance" means that term as 7 defined in section 7341. 8 Sec. 16204b.(1)The legislature finds that the treatment 9 ofintractablepain is an appropriate issue for the legislature 10 to consider, and that the citizens of this state would be well 11 served by the enactment of legislation that accomplishes all of 12 the following: 13 (a) Provides more and better information to health care con- 14 sumers regarding the medical treatment ofintractablepain, 15 health care coverage and benefits for the treatment of 16intractablepain, and the education of health professionals in 17 pain and symptom management. 18 (b) Provides for the appointment of an advisory body to 19 study and make recommendations on model core curricula on pain 20 and symptom management for the institutions in this state provid- 21 ing health care education, continuing education for health pro- 22 fessionals on pain and symptom management, and the integration of 23 pain and symptom management into the customary practice of health 24 care. 25 (c) Educates health professionals about theofficial pre-26scription form program and thedisciplinary process for state 27 licensees and registrants, including, but not limited to, how the 03384'01 * 22 1 department of consumer and industry services processes 2 allegations of wrongdoing against licensees and registrants. 3(2) As used in this section:4(a) "Intractable pain" means that term as defined in section516204a.6(b) "Official prescription form" means that term as defined7in section 7107.8 Sec. 16204c. (1) The legislature finds that the use of con- 9 trolled substances is appropriate in the medical treatment of 10 certain forms ofintractablepain, and that efforts to control 11 diversion or improper administration of controlled substances 12 should not interfere with the legitimate, medically recognized 13 use of those controlled substances to relieve pain and 14 suffering. 15 (2) The legislature findsall of the following: (a) That16 THAT some patients in this state withintractablepain are 17 unable to obtain from their health care providers sufficient pain 18 relief through the prescription of controlled substances, espe- 19 cially controlled substances included in schedule 2 under 20 section 7214., due to the circumstances described in subdivi-21sion (b).22(b) The regulatory scheme of official prescription forms23created in sections 7333 and 7334 is perceived in some cases to24discourage the appropriate use of opioids in the treatment of25patients described in subdivision (a).26 (3)Based on the findings described in subsections (1) and27(2), the legislature states that the official prescription form03384'01 * 23 1program enacted in sections 7333 and 7334 was created to prevent2the abuse and diversion of controlled substances included in3schedule 2 under section 7214 and not to prevent or inhibit the4legitimate, medically recognized use of those controlled sub-5stances to treat patients with cases of intractable pain, espe-6cially long-term treatment.It is the intent of the legislature 7 to permit and facilitate adequate treatment forintractable8 pain by licensed health professionals, including, but not limited 9 to, the prescription or dispensing of controlled substances 10 included in schedule 2 under section 7214, when medically 11 appropriate. 12 (4) As used in this section,: (a) "Controlled13 "CONTROLLED substance" means that term as defined in section 14 7104. 15(b) "Intractable pain" means that term as defined in sec-16tion 16204a.17(c) "Official prescription form" means that term as defined18in section 7107.19 Sec. 16204d. (1) The department of consumer and industry 20 services, in consultation with the department of community 21 health, shall develop, publish, and distribute an informational 22 booklet onintractablepain. The department of consumer and 23 industry services shall include at least all of the following in 24 the informational booklet: 25(a) The definition of intractable pain contained in section2616204a.03384'01 * 24 1 (A)(b)Pain management educational curricula and 2 continuing educational requirements of institutions providing 3 health care education recommended by the advisory committee on 4 pain and symptom management under section 16204a. 5 (B)(c)Other information considered relevant or useful by 6 the department of consumer and industry services. 7 (2) The department of consumer and industry services, in8conjunction with the controlled substances advisory commission9created in article 7,shall develop and conduct an educational 10 program for health professionals who are licensed under part 73 11 to prescribe or dispense, or both, controlled substances. The 12 department of consumer and industry services shall include, at a 13 minimum, all of the following in the educational program: 14(a) Information on the history and purpose of the official15prescription form program created in sections 7333 and 7334.16(b) Information on how the department of consumer and indus-17try services collects, processes, and compiles official prescrip-18tion form information.19 (A)(c)Information on how the department of consumer and 20 industry services processes allegations of wrongdoing against 21 licensees under this article and article 17, including, but not 22 limited to, how the permanent historical record is maintained for 23 each licensee, how and why a review of the permanent historical 24 record is done, and how the decision is made to issue a formal 25 complaint against a licensee. 26 (B)(d)Information on the disciplinary process, including 27 a licensee's rights and duties if an allegation of wrongdoing is 03384'01 * 25 1 filed against the licensee or if some other circumstance occurs 2 that causes or requires the department of consumer and industry 3 services to review a licensee's individual historical record. 4 (C)(e)Other information considered relevant or useful by 5 the department of consumer and industry services,or the con-6trolled substances advisory commission,especially information 7 that would address the findings and statements of intent con- 8 tained in section 16204c. 9 Enacting section 1. Sections 7111, 7112, 7113, 7334, and 10 17766b of the public health code, 1978 PA 368, MCL 333.7111, 11 333.7112, 333.7113, 333.7334, and 333.17766b, are repealed. 12 Enacting section 2. This amendatory act does not take 13 effect unless Senate Bill No. _____ or House Bill No. 5262 14 (request no. 03602'01 *) of the 91st Legislature is enacted into 15 law. 03384'01 * Final page. CPD