July 12, 2017, Introduced by Reps. Vaupel, Leutheuser and Rendon and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7333 (MCL 333.7333), as amended by 2010 PA 3.
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, 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 must not be
filled more than 90 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, 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 shall 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
shall
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 shall 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
shall 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 shall must be
transmitted directly to a pharmacy of the patient's choice by the
prescriber
or the prescriber's authorized agent, and the data shall
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 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 shall must
contain
the name of the individual in charge of the day to day 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 shall be maintained and shall be 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 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 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 2017 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 2017 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) shall
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
shall
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 shall
contain
the name of the individual in charge of the day to day 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 shall be
maintained and shall be
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 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
(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 2017 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 this
subdivision (c) or (d) 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.
(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
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
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 shall must include documented
proof of the training. The list of names and business addresses
shall
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 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 Department
of agriculture 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.