Bill Text: MI HB5090 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Health; pharmaceuticals; acceptance and destruction or disposal of drugs or medications not eligible for distribution; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 17776. TIE BAR WITH: HB 5089'11

Spectrum: Slight Partisan Bill (Republican 12-4)

Status: (Passed) 2012-12-27 - Assigned Pa 384'12 [HB5090 Detail]

Download: Michigan-2011-HB5090-Chaptered.html

Act No. 384

Public Acts of 2012

Approved by the Governor

December 18, 2012

Filed with the Secretary of State

December 19, 2012

EFFECTIVE DATE: March 28, 2013

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Reps. Ananich, Johnson, Kurtz, Rendon, Zorn, Huuki, Shirkey, Muxlow, Heise, Hughes, Liss, Hovey-Wright, Lipton, Hooker, Foster and Wayne Schmidt

ENROLLED HOUSE BILL No. 5090

AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 17776.

The People of the State of Michigan enact:

Sec. 17776. (1) Subject to all applicable federal laws and regulations and state laws and rules, a pharmacy, health professional, or charitable clinic that participates in the program shall accept from any person a prescription drug or any other medication that is ineligible for distribution under the program for destruction and disposal.

(2) A pharmacy, health professional, or charitable clinic that accepts prescription drugs and other medications under subsection (1) that are ineligible for distribution under the program shall destroy and dispose of those drugs and medications subject to rules promulgated under section 17775.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5089 of the 96th Legislature is enacted into law.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor