February 15, 2005, Introduced by Reps. Shaffer, Pearce, Green, Schuitmaker, Stahl, Hune, Sheen, Bieda, Tobocman, Baxter, Nofs, Wojno, Vander Veen and Jones and referred to the Committee on Senior Health, Security, and Retirement.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17766 (MCL 333.17766), as amended by 2004 PA
329, and by adding section 17766e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17766. Except as provided in section 17766d or 17766e, a
person who does any of the following is guilty of a misdemeanor:
(a) Obtains or attempts to obtain a prescription drug by
giving a false name to a pharmacist or other authorized seller,
prescriber, or dispenser.
(b) Obtains or attempts to obtain a prescription drug by
falsely representing that he or she is a lawful prescriber,
dispenser, or licensee, or acting on behalf of a lawful prescriber,
dispenser, or licensee.
(c) Falsely makes, utters, publishes, passes, alters, or
forges a prescription.
(d) Knowingly possesses a false, forged, or altered
prescription.
(e) Knowingly attempts to obtain, obtains, or possesses a drug
by means of a prescription for other than a legitimate therapeutic
purpose, or as a result of a false, forged, or altered
prescription.
(f) Possesses or controls for the purpose of resale, or sells,
offers to sell, dispenses, or gives away, a drug, pharmaceutical
preparation, or chemical that has been dispensed on prescription
and has left the control of a pharmacist.
(g) Possesses or controls for the purpose of resale, or sells,
offers to sell, dispenses, or gives away, a drug, pharmaceutical
preparation, or chemical that has been damaged by heat, smoke,
fire, water, or other cause and is unfit for human or animal use.
(h) Prepares or permits the preparation of a prescription
drug, except as delegated by a pharmacist.
(i) Sells a drug in bulk or in an open package at auction,
unless the sale has been approved in accordance with rules of the
board.
Sec. 17766e. (1) Notwithstanding section 17766(f), a pharmacy
may accept and utilize unused prescription drugs as provided under
this section. The board may promulgate rules and establish
procedures to implement this section and provide for the acceptance
and utilization of unused prescription drugs.
(2) A nursing home, county medical care facility, home for the
aged, or hospice residence may return unused prescription drugs to
a pharmacy operated by, or under contract with, a county or this
state for the purpose of distributing the unused prescription drugs
to residents of this state who are medically indigent individuals.
A pharmacy shall utilize the following criteria in accepting unused
prescription drugs under this section:
(a) Only prescription drugs in their original unit dose
package or unit of issue package or unused injectables shall be
accepted and dispensed under this section.
(b) Expired prescription drugs shall not be accepted.
(c) Controlled substances shall not be accepted.
(d) If the person accepting or dispensing the prescription
drug has reason to believe that the drug has been adulterated or
defaced, the prescription drug shall not be accepted or dispensed.
(3) A pharmacy that accepts and dispenses prescription drugs
under this section shall satisfy each of the following:
(a) Comply with all applicable federal and state laws,
regulations, and rules related to the storage and distribution of
prescription drugs.
(b) Inspect all prescription drugs prior to dispensing the
prescription drugs to determine that those drugs are not altered or
defaced.
(c) Dispense a prescription drug under the authority of an
original prescription or an equivalent record of an original
prescription as approved by the board.
(d) Dispense a prescription drug to residents of this state
who are medically indigent individuals.
(4) A prescription drug returned under this section shall not
be resold. A pharmacy that accepts and dispenses prescription drugs
under this section may charge individuals receiving prescription
drugs returned under this section a handling fee as established by
the board.
(5) In the absence of bad faith, willful and wanton
misconduct, or gross negligence, a person who returns, accepts, or
dispenses prescription drugs in accordance with this section is
immune from criminal or civil liability.
(6) As used in this section:
(a) "Medically indigent individual" means that term as defined
under section 106 of the social welfare act, 1939 PA 280, MCL
400.106.
(b) "Nursing home", "county medical care facility", "home for
the aged", and "hospice" mean those terms as defined under article
17.
(c) "Unit dose package" means that term as defined under
section 17766d.
(d) "Unit of issue package" means that term as defined under
section 17766d.