Bill Text: MI HB4775 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Crimes; penalties; penalties for certain crimes involving prescriptions and prescription medications; revise. Amends sec. 7407 of 1978 PA 368 (MCL 333.7407).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2009-04-21 - Printed Bill Filed 04/03/2009 [HB4775 Detail]
Download: Michigan-2009-HB4775-Introduced.html
HOUSE BILL No. 4775
April 2, 2009, Introduced by Reps. Schuitmaker, Elsenheimer, Marleau, Rick Jones and Ball and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7407 (MCL 333.7407), as amended by 2001 PA 236.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7407. (1) A person shall not knowingly or intentionally
do any of the following:
(a) Distribute as a licensee a controlled substance classified
in schedule 1 or 2, except pursuant to an order form as required by
section 7331.
(b) Use in the course of the manufacture or distribution of a
controlled substance a license number that is fictitious, revoked,
suspended, or issued to another person.
(c) Acquire or obtain possession of a controlled substance by
misrepresentation, fraud, forgery, deception, or subterfuge.
(d) Furnish false or fraudulent material information in, or
omit any material information from, an application, report, or
other document required to be kept or filed under this article, or
any record required to be kept by this article.
(e) Make, distribute, or possess a punch, die, plate, stone,
or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or
device of another person or any likeness of any of the foregoing
upon
a drug or container or labeling thereof of a drug so as to
render the drug a counterfeit substance.
(f) Possess counterfeit prescription forms, except as an agent
of government while engaged in the enforcement of this part.
(2) A person shall not refuse or knowingly fail to make, keep,
or furnish any record, notification, order form, statement,
invoice, or other information required under this article.
(3)
A person who violates this section subsection (1)(a), (b),
(d),
or (e) is guilty of a felony , punishable by imprisonment for
not
more than 4 years , or a
fine of not more than $30,000.00, or
both.
(4) A person who violates subsection (1)(c) or (f) is guilty
of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the person
is guilty of a felony punishable by imprisonment for not more than
5 years or a fine of not more than $25,000.00, or both.
(b) If the person has 1 prior conviction, the person is guilty
of a felony punishable by imprisonment for not more than 10 years
or a fine of not more than $50,000.00, or both.
(c) If the person has 2 or more prior convictions, the person
is guilty of a felony punishable by imprisonment for not more than
20 years or a fine of not more than $100,000.00, or both.
(5) The court may order a person convicted of violating this
section to pay the costs of prosecution as provided in the code of
criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.
(6) The court shall impose license sanctions under section
7408a for a violation described in subsection (4).
(7) As used in this section, "prior conviction" means a prior
conviction for violating this section or a law of the United
States, another state, or a political subdivision of another state
substantially corresponding to this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. ____ (request no.
01864'09 a).
(b) Senate Bill No. ____ or House Bill No. ____ (request no.
01864'09 b).
