SB-1328, As Passed Senate, September 14, 2006
June 22, 2006, Introduced by Senators JELINEK, SCHAUER and VAN WOERKOM and referred to the Committee on Agriculture, Forestry and Tourism.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7333 (MCL 333.7333), as amended by 2001 PA 231.
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 shall not 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. Except for a terminally ill patient whose terminal illness
the pharmacist documents pursuant to rules promulgated by the
administrator, a prescription for a controlled substance included
in schedule 2 shall not be filled more than 60 days after the date
on which the prescription was issued. A prescription for a
controlled substance included in schedule 2 for a terminally ill
patient whose terminal illness the pharmacist documents pursuant to
rules promulgated by the administrator may be partially filled in
increments for not more than 60 days after the date on which the
prescription was issued.
(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, chapter 675, 52 Stat. 1051, 21 U.S.C.
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
shall 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 shall 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 shall 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 shall 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 shall be transmitted
directly to a pharmacy of the patient's choice by the prescriber or
the prescriber's authorized agent, and the data shall not be
altered, modified, or extracted in the transmission process.
(8)
Notwithstanding subsections (1) to (5),
a dog pound an
animal
control shelter or animal protection shelter licensed or
registered by
with the department of agriculture 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 euthanasia on injured, sick, homeless, or
unwanted
domestic pets and other animals, if the
dog pound 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 shall
contain the name of the individual in charge of the day to day
operations
of the dog pound 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 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 euthanasia on
animals. A record of use shall be maintained and shall be available
for inspection.
(c)
Certifies that an employee of the
dog pound animal
control shelter or animal protection shelter or class B dealer has
received, and can document completion of, a minimum of 8 hours of
training given by a licensed veterinarian in the use of sodium
pentobarbital to practice euthanasia on animals 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,
premixed solution of sodium pentobarbital according to written
procedures
established by the dog pound animal control shelter or
animal protection shelter or class B dealer.
(9) The application described in subsection (8) shall include
the
names and addresses of all individuals employed by the dog
pound
animal control shelter or animal protection
shelter or class
B dealer who have been trained as described in subsection (8)(c)
and the name of the veterinarian who trained them. The list of
names and addresses shall be updated every 6 months.
(10)
If a dog pound an animal control shelter or
animal
protection shelter or class B dealer issued a permit pursuant to
subsection (8) does not have in its employ an individual trained as
described
in subsection (8)(c), the dog pound animal control
shelter or animal protection shelter or class B dealer shall
immediately notify the administrator and shall cease to administer
any commercially prepared, premixed solution of sodium
pentobarbital until the administrator is notified that 1 of the
following has occurred:
(a) An individual trained as described in subsection (8)(c)
has
been hired by the dog pound animal control shelter or
animal
protection shelter or class B dealer.
(b)
An employee of the dog pound animal control shelter or
animal protection shelter or class B dealer has been trained as
described in subsection (8)(c).
(11) A veterinarian, including a veterinarian who trains
individuals as described in subsection (8)(c), is not civilly or
criminally liable for the use of a commercially prepared, premixed
solution
of sodium pentobarbital by a dog pound an animal control
shelter or animal protection shelter or class B dealer unless the
veterinarian
is employed by or under contract with the dog pound
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.
(12) A person shall not knowingly use or permit the use of a
commercially prepared, premixed solution of sodium pentobarbital in
violation of this section.
(13) This section does not require that a veterinarian be
employed
by or under contract with a dog pound 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 pursuant to this section.
(14) Notwithstanding subsections (1) to (5), an animal control
shelter registered with the department of agriculture 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 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 shall
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 record of use shall be
maintained and shall be available for inspection by the department
of agriculture.
(c) Certifies that an employee of the animal control 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 control shelter.
(15) Notwithstanding subsections (1) to (5), an animal
protection shelter registered with the department of agriculture
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 shall
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 shall be
maintained and shall be available for inspection by the department
of agriculture.
(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)
shall 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)
and shall include documented proof of the training. The list of
names and business addresses shall 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), 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 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) has been hired by the animal control shelter or animal
protection shelter.
(b) An employee of the animal control shelter or animal
protection shelter has been trained as described in subsection
(14)(c) or (15)(c).
(18) A veterinarian, including a veterinarian who trains
individuals as described in subsection (14)(c) or (15)(c), 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.
(21) (14)
As used in this section: ,
"class B dealer"
(a) "Animal tranquilizer" means xylazine hydrochloride or
other animal tranquilizing drug as approved by the United States
food and drug administration and by the state department of
agriculture for use as described in this section.
(b) "Class B dealer" means a class B dealer licensed by the
United States department of agriculture pursuant to the animal
welfare
act, Public Law 89-544, 7 U.S.C.
USC 2131 to 2147,
2149, and 2151 to 2159 and the department of agriculture pursuant
to 1969 PA 224, MCL 287.381 to 287.395.