reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17748d - Violation of MCL 333.17748a or 17748b; Penality.

333.17748d Violation of MCL 333.17748a or 17748b; penality.
Sec. 17748d.
(1) Except as otherwise provided in this section, a person that violates section 17748a or 17748b is guilty of a misdemeanor.
(2) Except as otherwise provided in this section, a person that knowingly or willfully violates section 17748a or 17748b or a person that falsifies prescriptions in order to compound a pharmaceutical in bulk is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
(3) Except as otherwise provided in this section, a person that knowingly or willfully violates section 17748a or 17748b or a person that falsifies prescriptions in order to compound a pharmaceutical in bulk, which activity results in personal injury, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
(4) A person that knowingly or willfully violates section 17748a or 17748b or a person that falsifies prescriptions in order to compound a pharmaceutical in bulk, which activity results in serious impairment of a body function, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. As used in this subsection, "serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(5) A person that knowingly or willfully violates section 17748a or 17748b or a person that falsifies prescriptions in order to compound a pharmaceutical in bulk, which activity results in death, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.
(6) The state attorney general or county prosecutor may bring and prosecute criminal charges described in this section.
History:
Add. 2014, Act 280, Eff. Sept. 30, 2014
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17748f - Licensure of a Pharmacy as a Wholesale Distributor or Manufacturer; Requirements.

333.17748f Licensure of a pharmacy as a wholesale distributor or manufacturer; requirements.
Sec. 17748f.
(1) A pharmacy shall obtain a license as a wholesale distributor under this part if the total number of dosage units of all prescription drugs distributed by the pharmacy to a person during any consecutive 12-month period is more than 5% of the total number of dosage units of prescription drugs distributed and dispensed by the pharmacy during the same 12-month period. The calculation of the 5% threshold described in this subsection must not include a distribution of a prescription drug that is exempt from the definition of wholesale distribution under 21 USC 353(e)(4).
(2) A pharmacy shall obtain a license as a manufacturer under this part if, during any consecutive 12-month period, the total number of dosage units of all prescription drugs that are prepared or compounded by the pharmacy for the resale, compounding, or dispensing by another person is more than 5% of the total number of dosage units of prescription drugs prepared by the pharmacy during the same 12-month period.
History:
Add. 2020, Act 142, Imd. Eff. July 14, 2020 ;-- Am. 2021, Act 130, Imd. Eff. Dec. 17, 2021
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17749 - Dispensing of Diagnostic or Therapeutic Pharmaceutical Agents by Wholesale Distributor or Pharmacist to Optometrist; Condition; “Therapeutic Pharmaceutical Agent” and “Diagnostic Pharmaceutical Agent” Defined.

333.17749 Dispensing of diagnostic or therapeutic pharmaceutical agents by wholesale distributor or pharmacist to optometrist; condition; “therapeutic pharmaceutical agent” and “diagnostic pharmaceutical agent” defined.
Sec. 17749.
(1) Notwithstanding any provision of this act or any rule promulgated under this act, a wholesale distributor or pharmacist may dispense a diagnostic pharmaceutical agent or a therapeutic pharmaceutical agent to a licensed optometrist for subsequent administration to optometric patients, if the optometrist provides the wholesale distributor or pharmacist with the number of the optometrist's certification of qualification to administer diagnostic pharmaceutical agents and the number of the optometrist's certification of qualification to administer and prescribe therapeutic pharmaceutical agents.
(2) As used in this section, "therapeutic pharmaceutical agent" and "diagnostic pharmaceutical agent" mean those terms as defined in section 17401.
History:
Add. 1984, Act 42, Eff. Apr. 12, 1984 ;-- Am. 1994, Act 384, Eff. Mar. 30, 1995
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17750 - Person Who Distributes Complimentary Starter Doses to Prescribers; Records; Access by Board; “Complimentary Starter Dose” Defined.

333.17750 Person who distributes complimentary starter doses to prescribers; records; access by board; “complimentary starter dose” defined.
Sec. 17750.
(1) A person who distributes complimentary starter doses to prescribers shall maintain records that include at least all of the following information:
(a) The name and address of the manufacturer distributing the complimentary starter doses.
(b) The name and address of each prescriber to whom complimentary starter doses were distributed.
(c) The type and amount of complimentary starter doses distributed to each prescriber.
(2) Upon request of the board, a person who distributes complimentary starter doses to prescribers shall provide the board access to the records required under subsection (1).
(3) As used in this section, "complimentary starter dose" means that term as defined in section 17745(1).
History:
Add. 1990, Act 333, Eff. Mar. 28, 1991
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17750a - Dispensing of Prescription for Therapeutic Pharmaceutical Agent by Pharmacist.

333.17750a Dispensing of prescription for therapeutic pharmaceutical agent by pharmacist.
Sec. 17750a.
(1) A pharmacist may dispense a prescription for a therapeutic pharmaceutical agent issued by an optometrist certified by the Michigan board of optometry under part 174 as qualified to administer and prescribe therapeutic pharmaceutical agents.
(2) As used in this section, "therapeutic pharmaceutical agent" means that term as defined in section 17401.
History:
Add. 1994, Act 384, Eff. Mar. 30, 1995
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17753 - Centralized Prescription Processing; Conditions for Performing or Contracting; Maintenance of Policy and Procedures Manual; Definition.

333.17753 Centralized prescription processing; conditions for performing or contracting; maintenance of policy and procedures manual; definition.
Sec. 17753.
(1) A pharmacy may perform centralized prescription processing services or outsource those services to another pharmacy if each of the following conditions is satisfied:
(a) The pharmacies have the same owner or have a written contract outlining the services to be provided and the responsibilities and accountabilities of each pharmacy in fulfilling the terms of the contract in compliance with federal and state laws and regulations.
(b) The pharmacies share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to prepare a prescription drug order.
(c) The pharmacies comply with federal and state laws and regulations.
(2) A pharmacy that performs, or contracts for, centralized prescription processing services shall maintain a policy and procedures manual, along with documentation that implementation is occurring, and each shall be made available to the board for inspection and review upon request and the manual shall include, but is not limited to, a detailed description of how the pharmacies will do all of the following:
(a) Maintain appropriate records to identify the responsible pharmacist, or pharmacists, in the various stages of the drug product preparation, dispensing, and counseling process.
(b) Track the prescription drug order during each step in the drug product preparation, dispensing, and counseling process.
(c) Identify on the prescription label each pharmacy involved in the preparation and dispensing of the prescription drug order.
(d) Provide adequate security to protect the confidentiality and integrity of a patient's protected health information.
(e) Implement and maintain a quality improvement program for pharmacy services designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems.
(3) As used in this section, "centralized prescription processing" means the processing by a pharmacy of a request from another pharmacy to fill or refill a prescription drug order or to perform processing functions such as dispensing, performing drug utilization review, completing claims adjudication, obtaining refill authorizations, initiating therapeutic interventions, and other functions related to the practice of pharmacy.
History:
Add. 2005, Act 72, Imd. Eff. July 19, 2005
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17754 - Electronic Transmission of Prescription; Conditions; Information; Confidentiality; Professional Judgment as to Accuracy, Validity, and Authenticity; Original Prescription; Inapplicable After October 1, 2021.

333.17754 Electronic transmission of prescription; conditions; information; confidentiality; professional judgment as to accuracy, validity, and authenticity; original prescription; inapplicable after October 1, 2021.
Sec. 17754.
(1) Except as otherwise provided under article 7, article 8, and the federal act, a prescription may be transmitted electronically if the prescription is transmitted in compliance with the health insurance portability and accountability act of 1996, Public Law 104-191, or regulations promulgated under that act, 45 CFR parts 160 and 164, by a prescriber or his or her agent and the data are not altered or modified in the transmission process. The electronically transmitted prescription must include all of the following information:
(a) The name, address, and telephone number of the prescriber.
(b) Except as otherwise authorized under section 5110, 17744a, or 17744b, the full name of the patient for whom the prescription is issued.
(c) An electronic signature or other identifier that specifically identifies and authenticates the prescriber or his or her agent.
(d) The time and date of the transmission.
(e) The identity of the pharmacy intended to receive the transmission.
(f) Any other information required by the federal act or state law.
(2) The electronic equipment or system utilized in the transmission and communication of prescriptions must provide adequate confidentiality safeguards and be maintained to protect patient confidentiality as required under any applicable federal and state law and to ensure against unauthorized access. The electronic transmission of a prescription must be communicated in a retrievable, recognizable form acceptable to the intended recipient. The electronic form utilized in the transmission of a prescription must not include "dispense as written" or "d.a.w." as the default setting.
(3) Before dispensing a prescription that is electronically transmitted, the pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the transmitted prescription.
(4) An electronically transmitted prescription that meets the requirements of this section is the original prescription.
(5) This section does not apply beginning on the date on which section 17754a applies.
History:
Add. 2006, Act 672, Imd. Eff. Jan. 10, 2007 ;-- Am. 2012, Act 209, Imd. Eff. June 27, 2012 ;-- Am. 2013, Act 186, Eff. Mar. 14, 2014 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 ;-- Am. 2014, Act 311, Imd. Eff. Oct. 14, 2014 ;-- Am. 2014, Act 525, Imd. Eff. Jan. 14, 2015 ;-- Am. 2020, Act 134, Imd. Eff. July 8, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17756 - Label on Prescription; Contents.

333.17756 Label on prescription; contents.
Sec. 17756.
(1) A prescription dispensed by a pharmacist shall bear upon the label the name of the medication in the container, unless the prescriber writes "do not label" on the prescription. The prescription shall also bear upon the label the following statement: "Discard this medication 1 year after the date it is dispensed.", unless the medication expires on another date under applicable state or federal law or rules or regulations or other state or federal standards. If the medication expires on another date, the pharmacist dispensing the prescription shall strike or omit the statement required under this subsection and shall specify on the label the actual expiration date of the medication.
(2) A label on a prescription dispensed by a dispensing prescriber shall include the name of the medication in the container. The label shall also include the statement required under subsection (1) or the actual expiration date of the medication in the container in the same manner required under subsection (1) for a prescription dispensed by a pharmacist.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 73, Eff. Jan. 1, 1994
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17757b - Contracts With Pharmacy Benefit Managers; Prohibited Terms.

333.17757b Contracts with pharmacy benefit managers; prohibited terms.
Sec. 17757b.
(1) A pharmacy or pharmacist engaged in the business of selling drugs shall not enter into a contract with a pharmacy benefit manager that violates section 26 of the third party administrator act, 1984 PA 218, MCL 550.926, or that prevents or interferes with in any manner a patient's choice to receive an eligible prescription drug from a 340b entity or a pharmacy when dispensing a 340b drug.
(2) As used in this section:
(a) "340b drug" means a covered drug as that term is defined in 42 USC 256b.
(b) "340b entity" means a covered entity as that term is defined in 42 USC 256b.
(c) "Pharmacy benefit manager" means that term as defined in section 2 of the third party administrator act, 1984 PA 218, MCL 550.902.
History:
Add. 2022, Act 13, Imd. Eff. Feb. 23, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17758 - Repealed. 1986, Act 304, Eff. Mar. 31, 1987.

333.17758 Repealed. 1986, Act 304, Eff. Mar. 31, 1987.
Compiler's Notes:
The repealed section pertained to changing current selling price of drug and adjusting posted price.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17759 - Dispensing Harmful Drug; Requirements.

333.17759 Dispensing harmful drug; requirements.
Sec. 17759.
A harmful drug shall be dispensed only:
(a) As a prescription drug.
(b) Under the control of a licensed pharmacist or prescriber, who maintains records for the dispensing of these drugs which are the same as records required for the dispensing of prescriptions.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17760 - Operation of Automated Device Not Located at Same Address as Pharmacy; Control and Supervision by Pharmacist; Delegation of Tasks.

333.17760 Operation of automated device not located at same address as pharmacy; control and supervision by pharmacist; delegation of tasks.
Sec. 17760.
(1) A pharmacy that is owned and operated by a hospital licensed under article 17 may operate an automated device at a location that is affiliated with the hospital but that is not located at the same physical address as the pharmacy. A pharmacy that operates an automated device under this section shall notify the department of the automated device's location.
(2) An automated device that is operated under this section must be under the control and supervision of the pharmacist in charge for the pharmacy described in subsection (1). The pharmacist in charge for the pharmacy described in subsection (1) may, in accordance with the requirements for delegation and supervision in this article, delegate the stocking of the automated device, the removal of medication from the automated device, the maintenance of the automated device, and other tasks related to the operation of the automated device, but he or she is not required to be immediately physically present to supervise a delegated task. The operation of the automated device is limited to licensed health professionals.
History:
Add. 2016, Act 528, Eff. Apr. 9, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17761 - Display of Notice; Dispensing Prescription in Safety Closure Container.

333.17761 Display of notice; dispensing prescription in safety closure container.
Sec. 17761.
(1) A pharmacy, except for a pharmacy which only dispenses drugs for inpatient use at a health care facility, shall display the notice required under section 17757 in accordance with this part and the rules promulgated under this part.
(2) Unless otherwise requested by a patient, a prescription shall be dispensed in a safety closure container which complies with the definitions and the requirements of the poison prevention packaging act of 1970, 15 U.S.C. sections 1471 to 1476.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 431, Eff. Mar. 31, 1981 ;-- Am. 1986, Act 304, Eff. Mar. 31, 1987
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17762 - Misbranded Prescription.

333.17762 Misbranded prescription.
Sec. 17762.
(1) A prescription drug is considered misbranded unless the manufacturer's label states the name and place of business of the manufacturer of the finished dosage form of a drug and, if different, the name and place of business of the packer or distributor.
(2) As used in this section, "finished dosage form of a drug" means that form of the drug which is or is intended to be dispensed or administered to the patient and does not require further manufacturing or processing other than packaging or labeling, or both.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17763 - Grounds for Fine, Reprimand, or Probation; Grounds for Denying, Limiting, Suspending, or Revoking License.

333.17763 Grounds for fine, reprimand, or probation; grounds for denying, limiting, suspending, or revoking license.
Sec. 17763.
In addition to the grounds set forth in part 161, the disciplinary subcommittee may fine, reprimand, or place a pharmacist licensee on probation, or deny, limit, suspend, or revoke the license of a pharmacist or order restitution or community service for a violation or abetting in a violation of this part or rules promulgated under this part, or for 1 or more of the following grounds:
(a) Permitting the dispensing of prescriptions by an individual who is not a pharmacist, pharmacist intern, or dispensing prescriber.
(b) Permitting the dispensing of prescriptions by a pharmacist intern, except in the presence and under the personal charge of a pharmacist.
(c) Selling at auction drugs in bulk or in open packages unless the sale has been approved in accordance with rules of the board.
(d) Promoting a prescription drug to the public in any manner.
(e) In addition to the prohibition contained in section 7405(1)(e), dispensing a prescription for a controlled substance as defined in section 7104 that is written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber in another state, unless the prescription is issued by a physician prescriber, dentist prescriber, or veterinarian prescriber who is authorized under the laws of that state to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine and to prescribe controlled substances.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 1997, Act 153, Eff. Mar. 31, 1998 ;-- Am. 2004, Act 214, Eff. Oct. 12, 2004 ;-- Am. 2004, Act 536, Imd. Eff. Jan. 3, 2005 ;-- Am. 2005, Act 85, Imd. Eff. July 19, 2005 ;-- Am. 2006, Act 672, Imd. Eff. Jan. 10, 2007 ;-- Am. 2009, Act 150, Imd. Eff. Nov. 19, 2009 ;-- Am. 2011, Act 155, Imd. Eff. Sept. 27, 2011 ;-- Am. 2012, Act 209, Imd. Eff. June 27, 2012 ;-- Am. 2016, Act 49, Eff. June 13, 2016
Compiler's Notes:
Enacting section 1 of Act 49 of 2016 provides:"Enacting section 1. Section 16349 of the public health code, 1978 PA 368, MCL 333.16349, as amended by this amendatory act, applies to licensing fees required to be paid after December 31, 2018."
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17765 - Adulteration or Misbranding; Guaranty or Undertaking as Protection Against Penalties for Violation; Exception; Notice to Seller, Manufacturer, or Wholesale Distributor.

333.17765 Adulteration or misbranding; guaranty or undertaking as protection against penalties for violation; exception; notice to seller, manufacturer, or wholesale distributor.
Sec. 17765.
A person is not subject to penalties for a violation of this part dealing with adulteration or misbranding, if the person establishes that a guaranty or undertaking was made in accordance with the federal act, or that a guaranty was signed by and contains the name and address of the person residing in this state from whom the former person received in good faith the drug or device, to the effect that the drug or device is not adulterated or misbranded within the meaning of this part. The guaranty does not protect the seller if the product is adulterated or misbranded under this part and the board has previously given written notice to the seller of that fact. The board shall not serve notice on the seller until the board has notified the manufacturer or wholesale distributor of the findings of the state analyst with reference to the product. The notice to the manufacturer or wholesale distributor shall be written and shall be mailed at least 10 days before a notice is given to a seller under this section.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17766 - Additional Conduct Constituting Misdemeanor.

333.17766 Additional conduct constituting misdemeanor.
Sec. 17766.
Except as provided in sections 17766d, 17780, and 21418, a person that 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.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1990, Act 30, Eff. Mar. 28, 1991 ;-- Am. 2004, Act 329, Imd. Eff. Sept. 23, 2004 ;-- Am. 2006, Act 416, Imd. Eff. Sept. 29, 2006 ;-- Am. 2018, Act 396, Eff. Mar. 19, 2019
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17766a - Repealed. 2001, Act 236, Imd. Eff. Jan. 3, 2002.

333.17766a Repealed. 2001, Act 236, Imd. Eff. Jan. 3, 2002.
Compiler's Notes:
The repealed section pertained to use, possession, or delivery of androgenic anabolic steroid.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17766b - Repealed. 2001, Act 231, Eff. Jan. 6, 2003.

333.17766b Repealed. 2001, Act 231, Eff. Jan. 6, 2003.
Compiler's Notes:
The repealed section pertained to recording prescription for androgenic anabolic steriod, methyltestosterone, testosterone, or fluoxymensterone.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17766g - Sale, Trade, or Purchase of Dextromethorphan to Minor; Prohibition; Exception for Valid Prescription; Preemption; Violation; Civil Infraction and Fine.

333.17766g Sale, trade, or purchase of dextromethorphan to minor; prohibition; exception for valid prescription; preemption; violation; civil infraction and fine.
Sec. 17766g.
(1) Except as otherwise provided in subsection (4), a person shall not knowingly or willfully sell or trade a finished drug product containing any quantity of dextromethorphan to a minor.
(2) A person making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser's outward appearance the person making the sale would reasonably presume the purchaser to be at least 25 years of age.
(3) Except as otherwise provided in subsection (4), a minor shall not purchase a finished drug product containing any quantity of dextromethorphan.
(4) This section does not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.
(5) This section preempts any county, city, village, or township ordinance or resolution regulating the sale, distribution, receipt, or possession of dextromethorphan. A county, city, village, or township shall not enact, adopt, maintain, or enforce an ordinance or resolution that imposes conflicting, different, or additional standards or requirements than those provided in this section on the sale, distribution, receipt, or possession of dextromethorphan.
(6) A person that violates subsection (1) is responsible for a state civil infraction as provided under chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8801 to 600.8835, and may be ordered to pay a civil fine of not more than $100.00 for each violation.
(7) An individual who violates subsection (3) is responsible for a state civil infraction as provided under chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8801 to 600.8835, and may be ordered to pay a civil fine of not more than $50.00 for each violation.
(8) As used in this section:
(a) "Dextromethorphan" means the dextrorotatory isomer of 3-methoxy-N-methyl-morphinan and its salts.
(b) "Finished drug product" means that term as defined in 21 CFR 207.1.
(c) "Proof of age" means a valid government-issued photo identification that includes the purchaser's name and date of birth, including, but not limited to, a military identification card, passport, or driver license.
History:
Add. 2019, Act 123, Eff. July 1, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17767 - Rules and Determinations as to Licensing.

333.17767 Rules and determinations as to licensing.
Sec. 17767.
The board may promulgate rules and make determinations necessary or appropriate to the licensing of pharmacists, drugs, dispensers, manufacturers, wholesale distributors, and wholesale distributor-brokers under this part.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2020, Act 142, Imd. Eff. July 14, 2020
Popular Name:
Act 368
Admin Rule:
R 338.471 et seq. and R 338.3971 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17770 - Exceptions.

333.17770 Exceptions.
Sec. 17770.
Except as to the labeling of poisonous or deleterious drugs and to adulterating, misbranding, and substituting, this part shall not apply:
(a) To the sale of paris green, white hellebore, and other insecticides.
(b) To the sale of any substance for use in the arts.
(c) To the retailing of non-narcotic, or nonprescription medicine or drug which is prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and labeled in accordance with the requirements of the state and federal act.
(d) To the sale by merchants of ammonia, sulphur, any nonpoisonous flavoring essences or extracts, salt, bicarbonate of soda, or other prepackaged common household remedies or any food or food product which may also be found in any of the official compendiums and is not also considered as a poisonous, deleterious, or habit forming drug.
(e) To surgical or dental instruments and accessories, hearing aids, gases, oxygen tents, gas pressure reducing regulators, x-ray apparatus, therapeutic lamps, splints, and stethoscopes, and their component parts and accessories, or to equipment, instruments, apparatus, and contrivances used to render the articles effective in medical, surgical, or dental treatment; or to articles intended for external use.
(f) To articles or substances intended for generally recognized mechanical, agricultural, horticultural, or industrial consumption or use or photographic chemicals for home use.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17776 - Destruction and Disposal of Certain Drugs and Medications.

333.17776 Destruction and disposal of certain drugs and medications.
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.
History:
Add. 2012, Act 384, Eff. Mar. 28, 2013
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17801 - Definitions; Principles of Construction.

333.17801 Definitions; principles of construction.
Sec. 17801.
(1) As used in this part:
(a) "Physical therapist" means an individual licensed under this article to engage in the practice of physical therapy.
(b) "Physical therapist assistant" means an individual with a health profession subfield license under this part who assists a physical therapist in physical therapy intervention.
(c) "Practice as physical therapist assistant" means the practice of physical therapy performed under the supervision of a physical therapist licensed under this part.
(d) "Practice of physical therapy" means the evaluation of, education of, consultation with, or treatment of an individual by the employment of effective properties of physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purpose of preventing, correcting, or alleviating a physical or mental disability. Physical therapy includes treatment planning, performance of tests and measurements, interpretation of referrals, initiation of referrals, instruction, consultative services, and supervision of personnel. Physical measures include massage, mobilization, heat, cold, air, light, water, electricity, and sound. Practice of physical therapy does not include the identification of underlying medical problems or etiologies, establishment of medical diagnoses, or the prescribing of treatment.
(2) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1982, Act 177, Imd. Eff. June 9, 1982 ;-- Am. 1987, Act 213, Imd. Eff. Dec. 22, 1987 ;-- Am. 2009, Act 55, Imd. Eff. June 25, 2009
Compiler's Notes:
For transfer of powers and duties of certain health-related functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17819 - Practice of Physical Therapy or Physical Therapist Assistant; Activities; Scope of Practice.

333.17819 Practice of physical therapy or physical therapist assistant; activities; scope of practice.
Sec. 17819.
This part does not prohibit an individual licensed, registered, or otherwise authorized to engage in a health profession under any other part or any other act from performing activities that are considered the practice of physical therapy or the practice as a physical therapist assistant so long as those activities are within the individual's scope of practice and the individual does not use the words, titles, or letters protected under section 17820.
History:
Add. 2010, Act 382, Imd. Eff. Dec. 22, 2010
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17821 - Michigan Board of Physical Therapy; Creation; Membership; Terms.

333.17821 Michigan board of physical therapy; creation; membership; terms.
Sec. 17821.
(1) The Michigan board of physical therapy is created in the department and shall consist of the following 11 voting members who shall meet the requirements of part 161: 6 physical therapists, 1 physical therapist assistant, and 4 public members.
(2) The terms of office of the individual members of the board created under this section, except those appointed to fill vacancies, expire 4 years after appointment on December 31 of the year in which the term expires.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2006, Act 387, Imd. Eff. Sept. 27, 2006 ;-- Am. 2009, Act 55, Imd. Eff. June 25, 2009
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17822 - Physical Therapist; Practice in Hospital; Condition.

333.17822 Physical therapist; practice in hospital; condition.
Sec. 17822.
This part does not prohibit a hospital, as a condition of employment or the granting of staff privileges, from requiring that a physical therapist perform activities within his or her scope of practice in the hospital if that treatment is prescribed by an individual who is an advanced practice registered nurse as that term is defined in section 17201, or who holds a license issued under part 166, 170, 175, or 180, or an equivalent license issued by another state.
History:
Add. 1987, Act 213, Imd. Eff. Dec. 22, 1987 ;-- Am. 2005, Act 281, Imd. Eff. Dec. 19, 2005 ;-- Am. 2016, Act 499, Eff. Apr. 9, 2017
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17823 - Professional Development Requirements; Rules.

333.17823 Professional development requirements; rules.
Sec. 17823.
The department, in consultation with the board, shall promulgate rules to establish professional development requirements for physical therapists and physical therapist assistants. Notwithstanding the requirements of part 161, beginning the license year after the effective date of the rules promulgated under this subsection, an individual shall meet the professional development requirements established under this subsection. The department, in consultation with the board, shall promulgate rules to require licensees seeking renewal to furnish evidence acceptable to the department and the board of the successful completion, during the preceding license term, of those professional development requirements.
History:
Add. 2009, Act 55, Imd. Eff. June 25, 2009
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17824 - Treatment of Patient Upon or Without Prescription of Health Care Professional; Duties of Physical Therapist.

333.17824 Treatment of patient upon or without prescription of health care professional; duties of physical therapist.
Sec. 17824.
(1) A physical therapist who is treating a patient upon the prescription of a health care professional as described in section 17820 shall do all of the following, as applicable:
(a) Refer the patient back to the health care professional who issued the prescription for treatment if the physical therapist has reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of practice of physical therapy.
(b) Consult with the health care professional who issued the prescription for treatment if the patient does not show reasonable response to treatment in a time period consistent with the standards of practice as determined by the board.
(2) A physical therapist who is treating a patient without a prescription from a health care professional under the conditions authorized in section 17820 shall do all of the following, as applicable:
(a) Refer the patient to an appropriate health care professional for treatment if the physical therapist has reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of practice of physical therapy.
(b) Consult with an appropriate health care professional if the patient does not show reasonable response to treatment in a time period consistent with the standards of practice as determined by the board.
History:
Add. 2009, Act 55, Imd. Eff. June 25, 2009 ;-- Am. 2014, Act 260, Eff. Jan. 1, 2015
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17825 - Third Party Reimbursement or Mandated Worker's Compensation Benefits.

333.17825 Third party reimbursement or mandated worker's compensation benefits.
Sec. 17825.
This part does not require new or additional third party reimbursement or mandated worker's compensation benefits for physical therapy services and does not preclude a third party payer from requiring a member or enrollee to fulfill benefit requirements for physical therapy services, including, but not limited to, prescription, referral, or preapproval when services are rendered by an individual licensed or otherwise authorized under this part.
History:
Add. 2009, Act 55, Imd. Eff. June 25, 2009
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17826 - Physical Therapist Assistant; Licensure Requirements; Approval of Physical Therapist Assistant Training Program.

333.17826 Physical therapist assistant; licensure requirements; approval of physical therapist assistant training program.
Sec. 17826.
(1) An applicant for licensure as a physical therapist assistant shall meet the requirements of section 16174 and, except as otherwise provided in subsection (2), all of the following requirements, as applicable:
(a) Is a graduate of a program for the training of physical therapist assistants approved by the board.
(b) If graduated from a program described in subdivision (a) after January 1, 2008, has passed an examination approved by the board.
(2) For the purposes of subsection (1)(a), the board shall approve a physical therapist assistant training program from the United States military or from outside of the United States if that training program is determined to be substantially equivalent to physical therapist assistant entry level training in the United States by a credentials evaluation organization approved by the American physical therapy association or is listed as a credentialing organization in 8 CFR 212.15(e).
History:
Add. 2009, Act 55, Imd. Eff. June 25, 2009
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17827 - Limited License; Effectiveness.

333.17827 Limited license; effectiveness.
Sec. 17827.
Beginning on the effective date of this section and ending on the effective date of rules promulgated regarding the issuance of licenses to physical therapist assistants under this part, the board shall grant a limited license to an applicant who is a graduate of a physical therapist assistant education program accredited by the commission on accreditation in physical therapy education. A limited license issued under this section is effective until the board formally issues or denies a license to the applicant.
History:
Add. 2009, Act 55, Imd. Eff. June 25, 2009
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 15 - Occupations (333.16101...333.18838) › 368-1978-15-178 - Part 178 Physical Therapy (333.17801...333.17831) › Section 333.17829 - Standards of Practice for Services Involving Vaginal or Anal Penetration; Promulgation of Rules.

333.17829 Standards of practice for services involving vaginal or anal penetration; promulgation of rules.
Sec. 17829.
The department may promulgate rules that provide guidance to licensees on generally accepted standards of practice for services involving vaginal or anal penetration, including internal pelvic floor treatments. If the department promulgates rules under this section, the department shall consult with appropriate professional associations and other interested stakeholders.
History:
Add. 2023, Act 62, Eff. Oct. 10, 2023
Popular Name:
Act 368