HB-4813, As Passed House, February 6, 2018
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.