SENATE BILL NO. 508


   April 15, 1999, Introduced by Senator YOUNG and referred to the
        Committee on Health Policy.



        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 17763 (MCL 333.17763), as amended by 1997 PA

   153.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 17763.  In addition to the grounds set forth in part

 2    161, the disciplinary subcommittee may fine, reprimand, or place

 3    a pharmacist  licensee  OR OTHER HOLDER OF A
             LICENSE UNDER THIS

 4    PART on probation,  or  deny, limit, suspend, or
             revoke the

 5    license of a pharmacist OR OTHER HOLDER OF A LICENSE UNDER THIS

 6    PART, or order restitution or community service for a violation

 7    or FOR AIDING AND abetting in a violation of this part or 
             rules 

 8    A RULE promulgated under this part, or for 1 or more of the

 9    following:  grounds:




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 1         (a) Employing the mail to sell, distribute, or deliver
             a

 2     drug that requires a prescription when the prescription for
                       the

 3     drug is received by mail. 

 4         (A)  (b)  Adulterating, misbranding, or
             substituting a drug

 5    or device knowing or intending that the drug or device 
             shall 

 6    WILL be used.

 7         (B)  (c)  Permitting the dispensing of
              prescriptions  A

 8    PRESCRIPTION by an individual who is not a pharmacist, pharmacist

 9    intern, or dispensing prescriber.

10         (C)  (d)  Permitting the dispensing of
              prescriptions  A

11    PRESCRIPTION by a pharmacist intern, except in the presence and

12    under the personal charge of a pharmacist.

13         (D)  (e)  Selling at auction drugs in bulk or
             in open pack-

14    ages unless the sale  has been approved  IS
             CONDUCTED in accord-

15    ance with THE rules of the board.

16         (E)  (f)  Promoting a prescription drug to the
             public in any

17    manner.

18         (F)  (g)  In addition to the prohibition
             contained in

19    section 7405(1)(e), dispensing a prescription for a controlled

20    substance as defined in section 7104 that is written and signed

21    or transmitted by a physician prescriber in a state other than

22    Michigan, unless the prescription is issued by a physician pre-

23    scriber residing adjacent to the land border between this state

24    and an adjoining state who is authorized under the laws of that

25    state to practice medicine or osteopathic medicine and surgery

26    and to prescribe controlled substances and whose practice may

27    extend into this state, but who does not maintain an office or



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 1    designate a place to meet patients or receive calls in this

 2    state.




















































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