SB-0789, As Passed House, June 7, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 789

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7201, 7202, 7203, and 7204 (MCL 333.7201,

333.7202, 333.7203, and 333.7204), section 7204 as amended by 1994

PA 38.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 7201. The administrator shall administer this article and

may add substances to, or delete or reschedule all substances

enumerated in the schedules in sections 7212, 7214, 7216, 7218, and

7220 ~~pursuant to the procedures of~~ in compliance with the

administrative procedures act of 1969.

Sec. 7202. (1) In making a determination regarding a

substance, the administrator shall consider all of the following:

(a) The actual or relative potential for abuse.

(b) The scientific evidence of its pharmacological effect, if

known.

substance.

(d) The history and current pattern of abuse.

(e) The scope, duration, and significance of abuse.

(f) The risk to the public health.

(g) The potential of the substance to produce psychic or

physiological dependence liability.

(h) Whether the substance is an immediate precursor of a

substance already controlled under this article.

(2) In making a determination regarding a substance that is

the subject of an emergency rule, the administrator shall consider

all of the factors set forth in subsection (1) and shall also

consider whether the administrator has been notified that the

substance constitutes an imminent danger as defined in section

2251.

Sec. 7203. (1) After considering the factors enumerated in

section ~~7202,~~ 7202(1), the administrator shall make findings with

respect ~~thereto~~ to those factors and promulgate a rule controlling

the substance if the administrator finds the substance has a

potential for abuse.

(2) If the administrator is notified in writing by the

director of the department of community health under section 2251

that a substance constitutes an imminent danger as defined in that

section, the administrator shall consider the factors enumerated in

section 7202(1) and (2) and make findings with respect to those

factors and may do either or both of the following:

(a) Proceed under section 48(2) of the administrative

procedures act of 1969, 1969 PA 306, MCL 28.248, to schedule or

reschedule the substance as a controlled substance by emergency

rule.

(b) Initiate and pursue the process to promulgate a rule

controlling the substance.

(3) The administrator may extend an emergency rule processed

under subsection (2)(a) by filing a certificate of extension with

the office of secretary of state before the expiration of the

emergency rule as provided in section 48(2) of the administrative

procedures act of 1969.

(4) ~~(2)~~ If the administrator designates a substance as an

immediate precursor, a substance ~~which~~ that is a precursor of the

controlled precursor is not subject to control solely because it is

a precursor of the controlled precursor.

Sec. 7204. If a substance is designated, rescheduled, or

deleted as a controlled substance under federal law and notice of

that designation, rescheduling, or deletion is given to the

administrator, the substance shall be similarly scheduled under

section 7201 unless the administrator ~~shall hold~~ holds a board

meeting within the expiration of 91 days after notice is received

to determine whether the substance should be similarly controlled

~~pursuant to~~ under section 7201. If the administrator decides not to

similarly control the substance, the administrator shall, within 91

days after that decision is made, publish the reasons for that

determination.