August 19, 2015, Introduced by Reps. Chang, Plawecki, Kesto, Irwin and Howrylak and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7405 (MCL 333.7405), as amended by 2012 PA 209.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7405. (1) A person:
(a) Who is licensed by the administrator under this article
shall not distribute, prescribe, or dispense a controlled substance
in violation of section 7333.
(b) Who is a licensee as described in subdivision (a) shall
not manufacture a controlled substance not authorized by his or her
license or distribute, prescribe, or dispense a controlled
substance not authorized by his or her license to another licensee
or other authorized person, except as authorized by rules
promulgated by the administrator.
(c) Shall not refuse an entry into any premises for an
inspection
authorized by under this article.
(d) Shall not knowingly keep or maintain a store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft, or other
structure
or place, that is frequented either
of the following:
(i) Frequented by persons using controlled substances in
violation of this article for the purpose of using controlled
substances. ,
or that is used
(ii) Used for keeping or selling controlled substances in
violation of this article. However, this subparagraph does not
apply to the keeping of controlled substances only for personal
use.
(e) Who is a practitioner shall not dispense a controlled
substance under a prescription written and signed; written or
created in an electronic format, signed, and transmitted by
facsimile; or transmitted electronically or by other means of
communication by a physician prescriber or dentist prescriber
licensed
to practice in a state other than Michigan, this state,
unless the prescription is issued by a physician prescriber or
dentist
prescriber who is authorized under the laws of that the
other state to practice dentistry, medicine, or osteopathic
medicine and surgery and to prescribe controlled substances.
(2) A person who violates subsection (1) is subject to the
penalties prescribed in section 7406.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.