Bill Summary – FastDemocracy

HOUSE BILL NO. 6281
     December 10, 2024, Introduced by Rep. Skaggs and referred to the Committee on Government
       Operations.
          A bill to amend 1978 PA 368, entitled
    "Public health code,"
    by amending section 7333 (MCL 333.7333), as amended by 2020 PA 136.
                     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 on or
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 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 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, on receipt of either of the
 following:
         (a) A prescription of a practitioner licensed under section
 7303 on a prescription form. More than 1 prescription for a
 controlled substance included in schedule 2 may be included on a
 single prescription form.
         (b) A prescription that is electronically transmitted under
 section 17754a.
         (3) In an emergency situation, as described in R 338.3165 of
 the Michigan Administrative Code, a controlled substance included
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 in schedule 2 may be dispensed on 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. A prescription for a controlled substance included in
 schedule 2 must not be filled more than 90 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.
       (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, on receipt of any
 of the following:
       (a) A prescription on a prescription form.
       (b) An oral prescription of a practitioner.
       (c) A prescription that is electronically transmitted under
 section 17754a.
       (5) A prescription for a controlled substance included in
 schedule 3 or 4 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 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.
       (6) A controlled substance included in schedule 5 must not be
 distributed or dispensed other than for a medical purpose, or in
 any manner except in accordance with rules promulgated by the
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 administrator.
       (7) If a prescription is required under this section, the
 prescription 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.
       (8) 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. Until the date on which
 section 17754a applies, 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 under this subsection, it must be
 transmitted directly to a pharmacy of the patient's choice by the
 prescriber or the prescriber's authorized agent, and the data must
 not be altered, modified, or extracted in the transmission process.
       (9) Notwithstanding subsections (1) to (6), 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 perform euthanasia on injured,
 sick, homeless, or unwanted domestic pets and other animals, if the
 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 must
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 contain the name of the individual in charge of the day-to-day
 operations of the class B dealer's facilities and the name of the
 individual responsible for designating employees who will be
 performing 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 perform euthanasia on
 animals. The class B dealer shall maintain a record of use and
 shall make the record available for inspection by the department of
 licensing and regulatory affairs, the department of agriculture and
 rural development, and the United States Department of Agriculture.
       (c) Subject to subdivision (d), certifies that the class B
 dealer or an employee of the class B dealer has received, and can
 document completion of, a minimum of 16 hours of training,
 including at least 12 hours of content training and at least 4
 hours of practical training, in the use of a commercially prepared,
 premixed solution of sodium pentobarbital and an animal
 tranquilizer to perform euthanasia 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.
 The training described in this subdivision must comply with the
 American Veterinary Medical Association's guidelines for the
 euthanasia of animals.
       (d) Until December 31, 2021, ensures that the class B dealer
 or an employee of the class B dealer who received, and can document
 the completion of, the 8 hours of training required immediately
 before May 22, 2018 only administers a commercially prepared,
 premixed solution of sodium pentobarbital to perform euthanasia on
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 the animals described in this subsection. Beginning January 1,
 2022, the individuals described in this subdivision must have
 received, and be able to document the completion of, the training
 described in subdivision (c) to administer a commercially prepared,
 premixed solution of sodium pentobarbital or an animal tranquilizer
 to perform euthanasia on the animals described in this subsection.
       (e) Certifies that only an individual described in subdivision
 (c) or (d) or an individual otherwise permitted to use a controlled
 substance pursuant to this article will administer the commercially
 prepared, premixed solution of sodium pentobarbital or an animal
 tranquilizer according to written procedures established by the
 class B dealer.
       (f) Beginning January 1, 2022, certifies that the individual
 in charge of the day-to-day operations of the class B dealer's
 facilities has received, and can document the completion of, the
 training described in subdivision (c).
       (g) Complies with all state and federal laws, rules, and
 regulations regarding the acquisition, use, and security of
 controlled substances.
       (10) Notwithstanding subsections (1) to (6), an animal control
 shelter or animal protection shelter registered licensed 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, premixed solution of sodium pentobarbital, or an animal
 tranquilizer, to use exclusively as an adjunct in the process of
 performing euthanasia on injured, sick, homeless, or unwanted
 domestic pets and other animals, if the animal control shelter or
 animal protection shelter does all of the following:
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       (a) Applies to the administrator for a permit in accordance
 with rules promulgated under this part. The application must
 contain the name of the individual in charge of the day-to-day
 operations of the animal control shelter or animal protection
 shelter and the name of the individual responsible for designating
 employees who will be performing 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 or an animal tranquilizer
 to perform euthanasia on animals. The animal control shelter or
 animal protection shelter shall maintain a record of use and make
 the record available for inspection by the department of licensing
 and regulatory affairs and the department of agriculture and rural
 development.
       (c) Subject to subdivision (d), certifies that an employee of
 the animal control shelter or animal protection shelter has
 received, and can document completion of, a minimum of 16 hours of
 training, including at least 12 hours of content training and at
 least 4 hours of practical training, in the use of a commercially
 prepared, premixed solution of sodium pentobarbital and an animal
 tranquilizer to perform euthanasia 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.
 The training described in this subdivision must comply with the
 American Veterinary Medical Association's guidelines for the
 euthanasia of animals.
       (d) Until December 31, 2021, ensures that an employee of the
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 animal control shelter or animal protection shelter who received,
 and can document the completion of, the training required
 immediately before May 22, 2018 only administers a commercially
 prepared solution of xylazine hydrochloride or a commercially
 prepared, premixed solution of sodium pentobarbital to perform
 euthanasia on the animals described in this subsection in
 accordance with his or her the employee's training. Beginning
 January 1, 2022, the employee described in this subdivision must
 have received, and be able to document the completion of, the
 training described in subdivision (c) to administer a commercially
 prepared, premixed solution of sodium pentobarbital or an animal
 tranquilizer to perform euthanasia on the animals described in this
 subsection.
       (e) Certifies that only an individual described in subdivision
 (c) or (d) or an individual otherwise permitted to use a controlled
 substance pursuant to this article will administer a commercially
 prepared, premixed solution of sodium pentobarbital or an animal
 tranquilizer according to written procedures established by the
 animal control shelter or animal protection shelter.
       (f) Beginning January 1, 2022, certifies that the individual
 in charge of the day-to-day operations of the animal control
 shelter or animal protection shelter has received, and can document
 the completion of, the training described in subdivision (c).
       (g) Complies with all state and federal laws and regulations
 regarding the acquisition, use, and security of controlled
 substances.
       (11) The application described in subsection (9) or (10) must
 include the names and addresses of all individuals employed by the
 animal control shelter or animal protection shelter or class B
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 dealer who have been trained as described in subsection (9)(c),
 (d), and (f) or (10)(c), (d), and (f) and the name of the
 veterinarian who trained them. The list of names and addresses must
 be updated every 6 months.
       (12) If an animal control shelter or animal protection shelter
 or class B dealer issued a permit pursuant to subsection (9) or
 (10) does not have in its employ an individual trained as described
 in subsection (9)(c) or (d) and (9)(f), or (10)(c) or (d) and
 (10)(f), the animal control shelter or animal protection shelter or
 class B dealer shall immediately notify the administrator and shall
 cease to administer a commercially prepared, premixed solution of
 sodium pentobarbital or an animal tranquilizer for the purposes
 described in subsection (9) or (10) until the administrator is
 notified that 1 of the following has occurred:
       (a) An individual trained as described in subsection (9)(c),
 (d), or (f) or (10)(c), (d), or (f) has been hired by the animal
 control shelter or animal protection shelter or class B dealer.
       (b) An individual employed by the animal control shelter or
 animal protection shelter or class B dealer has been trained as
 described in subsection (9)(c) or (f) or (10)(c) or (f).
       (13) A veterinarian, including a veterinarian who trains
 individuals as described in subsection (9)(c), (d), or (f), or
 (10)(c), (d), or (f), is not civilly or criminally liable for the
 use of a commercially prepared, premixed solution of sodium
 pentobarbital or an animal tranquilizer by an animal control
 shelter or animal protection shelter or a 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
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 the veterinarian to be responsible for the use or administration of
 the commercially prepared, premixed solution of sodium
 pentobarbital or animal tranquilizer.
       (14) A person shall not knowingly use or permit the use of a
 commercially prepared, premixed solution of sodium pentobarbital or
 an animal tranquilizer in violation of this section.
       (15) 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 or an animal tranquilizer pursuant to this section.
       (16) Notwithstanding subsections (1) to (6), an animal control
 shelter registered licensed 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 an animal tranquilizer to sedate or
 immobilize 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 ru