HOUSE BILL No. 5262


     October 17, 2001, Introduced by Reps. Ehardt, George, Howell, Julian, Richardville, Stewart, Woronchak, Basham, Raczkowski, Vander Veen,
Patterson, Scranton, Jelinek, Voorhees, Shulman, Plakas, Shackleton, Anderson, Vear, Hummel, Kuipers, Stamas, Pappageorge, Allen, Middaugh, Meyer,
Gilbert, Kowall, Van Woerkom, Cassis, Kooiman, DeVuyst, Pumford, Cameron Brown, Sanborn, Birkholz, Faunce and Neumann and referred to the
Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending sections 7104, 7107, and 7109 (MCL 333.7104,

   333.7107, and 333.7109), section 7104 as amended by 1994 PA 38

   and sections 7107 and 7109 as amended by 1993 PA 80.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 7104.  (1) "Bureau" means the drug enforcement adminis-

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      tration, United States department of justice, or its successor

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      agency.

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           (2) "Controlled substance" means a drug, substance, or imme-

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      diate precursor included in schedules 1 to 5 of part 72.

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           (3) "Controlled substance analogue" means a substance the

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      chemical structure of which is substantially similar to that of a

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      controlled substance in schedule 1 or 2  and  OR that has a

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      narcotic, stimulant, depressant, or hallucinogenic effect on the


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      central nervous system substantially similar to or greater than

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      the narcotic, stimulant, depressant, or hallucinogenic effect on

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      the central nervous system of a controlled substance included in

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      schedule 1 or 2 or, with respect to a particular individual, that

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      the individual represents or intends to have a narcotic, stimu-

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      lant, depressant, or hallucinogenic effect on the central nervous

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      system substantially similar to or greater than the narcotic,

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      stimulant, depressant, or hallucinogenic effect on the central

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      nervous system of a controlled substance included in schedule 1

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      or 2.  Controlled substance analogue does not include  any  1 OR

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      MORE of the following:

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           (a) A controlled substance.

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           (b) A substance for which there is an approved new drug

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      application.

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           (c) A substance with respect to which an exemption is in

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      effect for investigational use by a particular person under

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      section 505 of the federal food, drug and cosmetic act,

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      chapter 675, 52 Stat.  1040  1052, 21 U.S.C. 355, to the extent

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      conduct with respect to the substance is pursuant to the

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      exemption.

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           (d) Any substance to the extent not intended for human con-

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      sumption before an exemption takes effect with respect to the

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      substance.

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           (4) "Counterfeit prescription form" means a printed form

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      that is the same or similar to a prescription form  or an offi-

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      cial prescription form,  and that was manufactured, printed,

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      duplicated, forged, ELECTRONICALLY TRANSMITTED, or altered



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      without the knowledge or permission of a  licensed prescribing

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      practitioner, or, in the case of official prescription forms, the

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      department of commerce  PRESCRIBER.

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           (5) "Counterfeit substance" means a controlled substance

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       which  THAT, or the container or labeling of which, without

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      authorization, bears the trademark, trade name or other identify-

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      ing mark, imprint, number, or device, or any likeness thereof, of

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      a manufacturer, distributor, or dispenser other than the person

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      who in fact manufactured, distributed, or dispensed the

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      substance.

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           (6) "Deleterious drug" means a drug, other than a propri-

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      etary medicine, likely to be destructive to adult human life in

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      quantities of 3.88 grams or less.

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           Sec. 7107.   (1)  "Narcotic drug" means  any  1 OR MORE
   of

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      the following, whether produced directly or indirectly by extrac-

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      tion from substances of vegetable origin, or independently by

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      means of chemical synthesis, or by a combination of extraction

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      and chemical synthesis:

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           (a) Opium and opiate, and any salt, compound, derivative, or

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      preparation of opium or opiate.

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           (b) Any salt, compound, isomer, derivative, or preparation

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      thereof which is chemically equivalent or identical with any of

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      the substances referred to in subdivision (a), but not including

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      the isoquinoline alkaloids of opium.

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            (2) "Official prescription form" means a prescription form

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      that meets the requirements of section 7334 and is issued to

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      practitioners by the department of commerce.



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           Sec. 7109.  (1) "Person" means a person as defined in

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      section 1106 or a governmental entity.

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           (2) "Poppy straw" means all parts, except the seeds, of the

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      opium poppy, after mowing.

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           (3) "Practitioner" means:

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           (a) A prescriber or pharmacist, a scientific investigator as

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      defined by rule of the administrator, or other person licensed,

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      registered, or otherwise permitted to distribute, dispense, con-

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      duct research with respect to, or administer a controlled sub-

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      stance in the course of professional practice or research in this

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      state, including an individual in charge of a dog pound or animal

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      shelter licensed or registered by the department of agriculture

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      pursuant to  Act No. 287 of the Public Acts of 1969, being sec-

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      tions 287.331 to 287.340 of the Michigan Compiled Laws  1969

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      PA 287, MCL 287.331 TO 287.340, or a class B dealer licensed by

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      the United States department of agriculture pursuant to the

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      animal welfare act, Public Law 89-544, 7 U.S.C. 2131 to 2147,

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      2149, and 2151 to 2159 and the department of agriculture pursuant

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      to  Act No. 224 of the Public Acts of 1969, being

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      sections 287.381 to 287.395 of the Michigan Compiled Laws  1969

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      PA 224, MCL 287.381 TO 287.395, for the limited purpose of

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      buying, possessing, and administering a commercially prepared,

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      premixed solution of sodium pentobarbital to practice euthanasia

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      on animals.

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           (b) A pharmacy, hospital, or other institution or place of

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      professional practice licensed, registered, or otherwise

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      permitted to distribute, prescribe, dispense, conduct research



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      with respect to, or administer a controlled substance in the

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      course of professional practice or research in this state.

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           (4) "PRESCRIBER" MEANS THAT TERM AS DEFINED IN SECTION

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      17708.

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           (5)  (4)  "Prescription form" means a printed form, 
   which

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      FACSIMILE OF A PRINTED FORM, OR ELECTRONIC FORMAT, IF NOT PROHIB-

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      ITED UNDER FEDERAL LAW, THAT is authorized and intended for use

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      by a prescribing practitioner to prescribe controlled substances

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      or prescription drugs and  which  THAT meets the requirements of

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      rules promulgated by the administrator.

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           (6)  (5)  "Production" means the manufacture, planting, cul-

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      tivation, growing, or harvesting of a controlled substance.

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           (7)  (6)  "Ultimate user" means an individual who lawfully

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      possesses a controlled substance for personal use or for the use

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      of a member of the individual's household, or for administering

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      to an animal owned by the individual or by a member of the

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      individual's household.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. 5260

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      (request no. 03384'01 *) of the 91st Legislature is enacted into

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      law.















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