August 24, 2005, Introduced by Rep. Caswell and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7333 (MCL 333.7333), as amended by 2001 PA 231.
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 shall not 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
338.3164 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.
(4) Except as otherwise provided under subsection (5), if a
dispensing pharmacist is unable to supply the full quantity called
for in a written or an emergency oral prescription for a controlled
substance included in schedule 2, he or she may partially fill that
prescription as long as he or she makes a notation of the quantity
supplied on the face of the written prescription or written record
of the emergency oral prescription. The remainder of the
prescription may be dispensed within 72 hours after the first
partial dispensing. If the remainder of the prescription is not or
cannot be dispensed within the 72 hours, the pharmacist shall
notify the prescriber. After the 72-hour period, a pharmacist shall
not dispense a further quantity without a new prescription.
(5) Except for a terminally ill patient whose terminal illness
the pharmacist documents pursuant to rules promulgated by the
administrator, or for a patient in a long-term care facility whose
status as a long-term care facility patient is documented by the
pharmacist pursuant to rules promulgated by the administrator, a
prescription for a controlled substance included in schedule 2
shall not be filled more than 60 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 or for a patient in a long-term care facility
whose status as a long-term care facility patient is documented by
the pharmacist pursuant to rules promulgated by the administrator,
may be partially filled in increments, including individual dosage
units, for not more than 60 days after the date on which the
prescription was issued. The total quantity of schedule 2
controlled substances dispensed in all partial fillings under this
subsection and subsection (4) shall not be more than the total
quantity prescribed. For each partial filling under this
subsection, the pharmacist shall record, on the back of the
prescription or on another appropriate record that is uniformly
maintained and readily retrievable, all of the following
information:
(a) Date of the partial filling.
(b) Quantity dispensed.
(c) Remaining quantity authorized to be dispensed.
(d) Identification of the dispensing pharmacist.
(6) (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, chapter 675, 52 Stat. 1051, 21
U.S.C.
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 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 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.
(7) (5)
A controlled substance included in schedule 5 shall
not be distributed or dispensed other than for a medical purpose,
or in any manner except in accordance with rules promulgated by the
administrator.
(8) (6)
If a prescription is required under this section,
the prescription shall 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.
(9) (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 be transmitted directly to a pharmacy of the patient's choice
by the prescriber or the prescriber's authorized agent, and the
data shall not be altered, modified, or extracted in the
transmission process.
(10) (8)
Notwithstanding subsections (1) to (5)
(7), a dog
pound or animal shelter licensed or registered by 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 euthanasia on
injured, sick, homeless, or unwanted domestic pets and other
animals, if the dog pound or animal 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
contain the name of the individual in charge of the day to day
operations of the dog pound or animal shelter or class B dealer's
facilities and the name of the individual responsible for
designating employees who will be practicing euthanasia on animals
pursuant to this act.
(b) Complies with the rules promulgated by the administrator
for the storage, handling, and use of commercially prepared,
premixed solution of sodium pentobarbital to practice euthanasia on
animals. A record of use shall be maintained and shall be available
for inspection.
(c) Certifies that an employee of the dog pound or animal
shelter or class B dealer has received, and can document completion
of, a minimum of 8 hours of training given by a licensed
veterinarian in the use of sodium pentobarbital to practice
euthanasia on animals 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,
premixed solution of sodium pentobarbital according to written
procedures established by the dog pound or animal shelter or class
B dealer.
(11) (9)
The application described in subsection (8)
(10)
shall include the names and addresses of all individuals employed
by the dog pound or animal shelter or class B dealer who have been
trained
as described in subsection (8)(c) (10)(c)
and the name of
the veterinarian who trained them. The list of names and addresses
shall be updated every 6 months.
(12) (10)
If a dog pound or animal shelter or class B dealer
issued
a permit pursuant to subsection (8) (10)
does not have in
its
employ an individual trained as described in subsection (8)(c)
(10)(c), the dog pound or animal shelter or class B dealer shall
immediately notify the administrator and shall cease to administer
any commercially prepared, premixed solution of sodium
pentobarbital until the administrator is notified that 1 of the
following has occurred:
(a)
An individual trained as described in subsection (8)(c)
(10)(c) has been hired by the dog pound or animal shelter or class
B dealer.
(b) An employee of the dog pound or animal shelter or class B
dealer
has been trained as described in subsection (8)(c) (10)(c).
(13) (11)
A veterinarian, including a veterinarian who
trains
individuals as described in subsection
(8)(c) (10)(c),
is
not civilly or criminally liable for the use of a commercially
prepared, premixed solution of sodium pentobarbital by a dog pound
or animal shelter or class B dealer unless the veterinarian is
employed by or under contract with the dog pound or animal 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.
(14) (12)
A person shall not knowingly use or permit the use
of a commercially prepared, premixed solution of sodium
pentobarbital in violation of this section.
(15) (13)
This section does not require that a veterinarian
be employed by or under contract with a dog pound or animal shelter
or class B dealer to obtain, possess, or administer a commercially
prepared, premixed solution of sodium pentobarbital pursuant to
this section.
(16) (14)
As used in this section, "class B dealer"
means a
class B dealer licensed by the United States department of
agriculture
pursuant to the animal welfare act,
Public Law 89-544,
7
U.S.C. 2131 to 2147, 2149, and 2151 7 USC 2131 to 2159 and the
department of agriculture pursuant to 1969 PA 224, MCL 287.381 to
287.395.