Bill Text: MI SB0274 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Health; controlled substances; prescription for opioids; limit for acute pain and allow for the partial filling of certain controlled substance prescriptions if consistent with federal law. Amends sec. 7333 of 1978 PA 368 (MCL 333.7333) & adds sec. 7333b.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-12-28 - Assigned Pa 0251'17 With Immediate Effect [SB0274 Detail]
Download: Michigan-2017-SB0274-Engrossed.html
SB-0274, As Passed House, December 13, 2017
SB-0274, As Passed Senate, June 22, 2017
SUBSTITUTE FOR
SENATE BILL NO. 274
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7333 (MCL 333.7333), as amended by 2010 PA 3
and by adding section 7333b.
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
Senate Bill No. 274 as amended December 6, 2017
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 may 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 of
the
Michigan administrative code, 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. [Except for a
terminally ill
patient whose terminal illness the pharmacist documents
pursuant to
Senate Bill No. 274 as amended December 6, 2017
rules promulgated by the administrator,
a A] prescription for a controlled substance included
in
schedule 2 shall must not be filled more than 90 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 may be partially filled in
increments
for not more than 60 days after the date on which the
prescription
was issued.A pharmacist [,consistent with federal law and
regulations on the partial filling of a controlled substance included in schedule 2,] may partially fill in
increments a prescription for a controlled substance included in
schedule 2[.
Senate Bill No. 274 as amended December 6, 2017
]
(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, 21 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 must 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
must 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.
(5)
A controlled substance included in schedule 5 shall must
not be distributed or dispensed other than for a medical purpose,
or in any manner except in accordance with rules promulgated by the
administrator.
(6) If a prescription is required under this section, the
prescription
shall must 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.
(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 must be
transmitted directly to a pharmacy of the patient's choice by the
prescriber
or the prescriber's authorized agent, and the data shall
must not be altered, modified, or extracted in the transmission
process.
(8) Notwithstanding subsections (1) to (5), an animal control
shelter or animal protection shelter registered with the department
of agriculture and rural development 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 animal control
shelter or animal protection 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 must
contain
the name of the individual in charge of the day to day day-
to-day operations of the animal control shelter or animal
protection 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 a commercially prepared,
premixed solution of sodium pentobarbital to practice euthanasia on
animals.
A record of use shall must
be maintained and shall must be
available for inspection.
(c) Certifies that an employee of the animal control shelter
or animal protection 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 animal control shelter or animal
protection shelter or class B dealer.
(9)
The application described in subsection (8) shall must
include the names and addresses of all individuals employed by the
animal control shelter or animal protection shelter or class B
dealer who have been trained as described in subsection (8)(c) and
the name of the veterinarian who trained them. The list of names
and
addresses shall must be updated every 6 months.
(10) If an animal control shelter or animal protection shelter
or class B dealer issued a permit pursuant to subsection (8) does
not have in its employ an individual trained as described in
subsection (8)(c), the animal control shelter or animal protection
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)
has been hired by the animal control shelter or animal protection
shelter or class B dealer.
(b) An employee of the animal control shelter or animal
protection shelter or class B dealer has been trained as described
in subsection (8)(c).
(11) A veterinarian, including a veterinarian who trains
individuals as described in subsection (8)(c), is not civilly or
criminally liable for the use of a commercially prepared, premixed
solution of sodium pentobarbital by an animal control shelter or
animal protection shelter or class B dealer unless the veterinarian
is employed by or under contract with the animal control shelter or
animal protection 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.
(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.
(13) This section does not require that a veterinarian be
employed by or under contract with an animal control shelter or
animal protection shelter or class B dealer to obtain, possess, or
administer a commercially prepared, premixed solution of sodium
pentobarbital pursuant to this section.
(14) Notwithstanding subsections (1) to (5), an animal control
shelter registered with the department of agriculture and rural
development pursuant to 1969 PA 287, MCL 287.331 to 287.340, may
acquire a limited permit only for the purpose of buying,
possessing, and administering a commercially prepared solution of
an animal tranquilizer to sedate a feral, wild, difficult to
handle, or other animal for euthanasia, or to tranquilize an animal
running at large that is dangerous or difficult to capture, if the
animal control shelter does all of the following:
(a) Applies to the administrator for a permit in accordance
with
the rules promulgated under this part. The application shall
must
contain the name of the individual in
charge of the day to day
day-to-day operations of the animal control shelter and the name of
the individual responsible for designating employees who will be
administering an animal tranquilizer pursuant to this act.
(b) Complies with the rules promulgated by the administrator
for the storage, handling, and use of a commercially prepared
solution
of an animal tranquilizer. A record of use shall must be
maintained
and shall must be available for inspection by the
department of agriculture and rural development.
(c) Certifies that an employee of the animal control shelter
has received, and can document completion of, a minimum of 16 hours
of training, including at least 3 hours of practical training, in
the use of animal tranquilizers on animals from a training program
approved by the state veterinarian, in consultation with the
Michigan board of veterinary medicine, and given by a licensed
veterinarian 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 solution of an animal
tranquilizer according to written procedures established by the
animal control shelter.
(15) Notwithstanding subsections (1) to (5), an animal
protection shelter registered with the department of agriculture
and rural development pursuant to 1969 PA 287, MCL 287.331 to
287.340, may acquire a limited permit only for the purpose of
buying, possessing, and administering a commercially prepared
solution of an animal tranquilizer to sedate a feral, wild,
difficult to handle, or other animal for euthanasia, if the animal
protection shelter does all of the following:
(a) Applies to the administrator for a permit in accordance
with
the rules promulgated under this part. The application shall
must
contain the name of the individual in
charge of the day to day
day-to-day operations of the animal protection shelter and the name
of the individual responsible for designating employees who will be
administering an animal tranquilizer pursuant to this act.
(b) Complies with the rules promulgated by the administrator
for the storage, handling, and use of a commercially prepared
solution
of an animal tranquilizer. A record of use shall must be
maintained
and shall must be available for inspection by the
department of agriculture and rural development.
(c) Certifies that an employee of the animal protection
shelter has received, and can document completion of, a minimum of
16 hours of training, including at least 3 hours of practical
training, in the use of animal tranquilizers on animals from a
training program approved by the state veterinarian, in
consultation with the Michigan board of veterinary medicine, and
given by a licensed veterinarian 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
solution of an animal tranquilizer according to written procedures
established by the animal protection shelter.
(16) The application described in subsection (14) or (15)
shall
must include the names and business addresses of all
individuals employed by the animal control shelter or animal
protection shelter who have been trained as described in subsection
(14)(c)
or (15)(c) and shall must include documented proof of the
training.
The list of names and business addresses shall must be
updated every 6 months.
(17) If an animal control shelter or animal protection shelter
issued a permit pursuant to subsection (14) or (15) does not have
in its employ an individual trained as described in subsection
(14)(c) or (15)(c), the animal control shelter or animal protection
shelter shall immediately notify the administrator and shall cease
to administer any commercially prepared solution of an animal
tranquilizer until the administrator is notified that 1 of the
following has occurred:
(a) An individual trained as described in subsection (14)(c)
or (15)(c) has been hired by the animal control shelter or animal
protection shelter.
(b) An employee of the animal control shelter or animal
protection shelter has been trained as described in subsection
(14)(c) or (15)(c).
(18) A veterinarian, including a veterinarian who trains
individuals as described in subsection (14)(c) or (15)(c), is not
civilly or criminally liable for the use of an animal tranquilizer
by an animal control shelter or animal protection shelter unless
the veterinarian is employed by or under contract with the animal
control shelter or animal protection shelter 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 solution of an animal tranquilizer.
(19) A person shall not knowingly use or permit the use of an
animal tranquilizer in violation of this section.
(20) This section does not require that a veterinarian be
employed by or under contract with an animal control shelter or
animal protection shelter to obtain, possess, or administer a
commercially prepared solution of an animal tranquilizer pursuant
to this section.
(21) As used in this section:
(a) "Animal tranquilizer" means xylazine hydrochloride or
other animal tranquilizing drug as approved by the United States
food
and drug administration Food
and Drug Administration and by
the state department of agriculture and rural development for use
as described in this section.
(b) "Class B dealer" means a class B dealer licensed by the
United
States department of agriculture Department of Agriculture
pursuant to the animal welfare act, 7 USC 2131 to 2159 and the
department of agriculture and rural development pursuant to 1969 PA
224, MCL 287.381 to 287.395.
Sec. 7333b. (1) Beginning July 1, 2018, if a prescriber is
treating a patient for acute pain, the prescriber shall not
prescribe the patient more than a 7-day supply of an opioid within
a 7-day period.
(2) As used in this section, "acute pain" means pain that is
the normal, predicted physiological response to a noxious chemical
or a thermal or mechanical stimulus and is typically associated
with invasive procedures, trauma, and disease and usually lasts for
a limited amount of time.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
