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 333.17701 - Meanings of Words and Phrases; General Definitions and Principles of Construction.

333.17701 Meanings of words and phrases; general definitions and principles of construction.
Sec. 17701.
(1) For purposes of this part the words and phrases defined in sections 17702 to 17709 have the meanings ascribed to them in those sections.
(2) In addition, 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
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) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17702 - Definitions; a to C.

333.17702 Definitions; A to C.
Sec. 17702.
(1) "Agent" means an individual designated by a prescriber to act on behalf of or at the discretion of that prescriber as provided in section 17744.
(2) "Automated device" means a mechanical system that performs an operation or activity, other than compounding or administration, relating to the storage, packaging, dispensing, or delivery of a drug and that collects, controls, and maintains transaction information.
(3) "Biological drug product" means a biological product as that term is defined in 42 USC 262.
(4) "Brand name" means the registered trademark name given to a drug product by its manufacturer.
(5) Except as otherwise provided in subsection (6), "compounding" means the preparation, mixing, assembling, packaging, and labeling of a drug or device by a pharmacist under the following circumstances:
(a) Upon the receipt of a prescription for a specific patient.
(b) Upon the receipt of a medical or dental order from a prescriber or agent for use in the treatment of patients within the course of the prescriber's professional practice.
(c) In anticipation of the receipt of a prescription or medical or dental order based on routine, regularly observed prescription or medical or dental order patterns.
(d) For the purpose of or incidental to research, teaching, or chemical analysis and not for the purpose of sale or dispensing.
(6) "Compounding" does not include any of the following:
(a) Except as provided in section 17748c, the compounding of a drug product that is essentially a copy of a commercially available product.
(b) The reconstitution, mixing, or other similar act that is performed pursuant to the directions contained in approved labeling provided by the manufacturer of a commercially available product.
(c) The compounding of allergenic extracts or biologic products.
(7) "Compounding pharmacy" means a pharmacy that is licensed under this part and is authorized to offer compounding services under sections 17748, 17748a, and 17748b.
(8) "Current selling price" means the retail price for a prescription drug that is available for sale from a pharmacy.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 304, Eff. Mar. 31, 1987 ;-- Am. 2006, Act 672, Imd. Eff. Jan. 10, 2007 ;-- Am. 2012, Act 209, Imd. Eff. June 27, 2012 ;-- Am. 2014, Act 280, Eff. Sept. 30, 2014 ;-- Am. 2016, Act 528, Eff. Apr. 9, 2017 ;-- Am. 2018, Act 41, Eff. May 29, 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 333.17704 - Definitions; F to I.

333.17704 Definitions; F to I.
Sec. 17704.
(1) "Federal act" means the federal food, drug, and cosmetic act, 21 USC 301 to 399h.
(2) "Food and Drug Administration" or "FDA" means the United States Food and Drug Administration.
(3) "Generic name" means the established or official name of a drug or drug product.
(4) "Harmful drug" means a drug intended for use by human beings that is harmful because of its toxicity, habit-forming nature, or other potential adverse effect; the method of its use; or the collateral measures necessary to its safe and effective use and that is designated as harmful by a rule promulgated under this part.
(5) "Interchangeable biological drug product" means either of the following, as applicable:
(a) A biological drug product that is licensed by the FDA and that the FDA has determined meets the standards for interchangeability under 42 USC 262(k)(4).
(b) Until March 23, 2021, a biological drug product that the FDA has determined to be therapeutically equivalent as set forth in "Approved Drug Products with Therapeutic Equivalence Evaluations", an FDA publication that is commonly referred to as the "Orange Book".
(6) "Internship" means an educational program of professional and practical experience for an intern.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2014, Act 280, Eff. Sept. 30, 2014 ;-- Am. 2018, Act 41, Eff. May 29, 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 333.17705 - Definitions; L.

333.17705 Definitions; L.
Sec. 17705.
(1) "Label" means a display of written, printed, or graphic matter on the immediate container of a drug or device, but does not include package liners. A requirement made by or under authority of this part that a word, statement, or other information appear on the label is not complied with unless the word, statement, or other information appears on the outside container or wrapper of the retail package of the drug or device as displayed for sale or is easily legible through an outside container or wrapper.
(2) "Labeling" means the labels and other written, printed, or graphic matter on a drug or device or its container or wrapper, or accompanying the drug or device.
(3) "License" in addition to the definition in section 16106 means a pharmacy license, drug control license, or a manufacturer, wholesale distributor, or wholesale distributor-broker of drugs or devices license.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 304, Eff. Mar. 31, 1987 ;-- Am. 2020, Act 142, Imd. Eff. July 14, 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 333.17706 - Definitions; M, O.

333.17706 Definitions; M, O.
Sec. 17706.
(1) "Manufacturer" means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. Manufacturer does not include a pharmacy unless the pharmacy meets the requirements described in section 17748f.
(2) "Official compendium" means the United States Pharmacopoeia and the National Formulary, or the Homeopathic Pharmacopoeia of the United States, as applicable. If an official compendium is revised after September 30, 2014, the department shall officially take notice of the revision. Within 30 days after taking notice of the revision, the department, in consultation with the board, shall decide whether the revision continues to protect the public health as it relates to the manner that the official compendium is used in this act. If the department, in consultation with the board, decides that the revision continues to protect the public health, the department may issue an order to incorporate the revision by reference. If the department issues an order under this subsection to incorporate the revision by reference, the department shall not make any changes to the revision.
(3) "Outsourcing facility" means that term as defined in 21 USC 353b.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 304, Eff. Mar. 31, 1987 ;-- Am. 2014, Act 280, Eff. Sept. 30, 2014 ;-- Am. 2020, Act 142, Imd. Eff. July 14, 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 333.17711 - Practice of Pharmacy or Pharmacy Technician; License or Authorization Required; Use of Words, Titles, or Letters.

333.17711 Practice of pharmacy or pharmacy technician; license or authorization required; use of words, titles, or letters.
Sec. 17711.
(1) An individual shall not engage in the practice of pharmacy unless licensed or otherwise authorized by this article. Beginning October 1, 2015, an individual shall not serve as a pharmacy technician unless licensed or otherwise authorized by this article.
(2) The following words, titles, or letters or a combination of words, titles, or letters, with or without qualifying words or phrases, are restricted in use only to those persons authorized under this part to use the terms and in a way prescribed in this part: "pharmacy", "pharmacist", "Pharm.D", "doctor of pharmacy", "pharmacy intern", "pharmacy technician", "licensed pharmacy technician", "certified pharmacy technician", "CPhT", "apothecary", "dispensary", "drugstore", "druggist", "medicine store", "prescriptions", and "r.ph.".
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2006, Act 390, Imd. Eff. Sept. 27, 2006 ;-- Am. 2014, Act 285, Eff. Dec. 22, 2014 ;-- Am. 2014, Act 413, Eff. Mar. 30, 2015 ;-- Am. 2015, Act 91, Imd. Eff. June 25, 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) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17721 - Michigan Board of Pharmacy; Creation; Membership; Terms.

333.17721 Michigan board of pharmacy; creation; membership; terms.
Sec. 17721.
(1) The Michigan board of pharmacy is created in the department and consists of the following 11 voting members who meet the requirements of part 161:
(a) Six pharmacists.
(b) One pharmacy technician.
(c) Four 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 June 30 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 390, Imd. Eff. Sept. 27, 2006 ;-- Am. 2014, Act 285, Eff. Dec. 22, 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 333.17722 - Michigan Board of Pharmacy; Duties Generally.

333.17722 Michigan board of pharmacy; duties generally.
Sec. 17722.
In addition to the functions set forth in part 161, except as otherwise provided in this part, the board shall do the following:
(a) Regulate, control, and inspect the character and standard of pharmacy practice and of drugs and devices manufactured, distributed, prescribed, dispensed, administered, or issued in this state and procure samples and limit or prevent the sale of drugs and devices that do not comply with this part.
(b) Prescribe minimum criteria for the use of professional and technical equipment and references in the compounding and dispensing of drugs and devices.
(c) Grant a pharmacy license for each separate place of practice in which the compounding or dispensing of prescription drugs or devices, or both, or the receiving of prescription orders in this state is to be conducted.
(d) Grant a drug control license for the place of practice of a dispensing prescriber who meets the requirements for the license.
(e) Grant a license to a manufacturer, wholesale distributor, or wholesale distributor-broker that meets the requirements for the license.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2020, Act 4, Eff. Apr. 26, 2020 ;-- Am. 2020, Act 142, Imd. Eff. July 14, 2020
Popular Name:
Act 368
Admin Rule:
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 333.17726 - Certificate of Licensure; Issuance.

333.17726 Certificate of licensure; issuance.
Sec. 17726.
The department shall issue a certificate of licensure to an applicant who is granted a license under this part.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2020, Act 4, Eff. Apr. 26, 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 333.17731 - Renewal of Pharmacist or Pharmacy Technician License; Continuing Education; Rules.

333.17731 Renewal of pharmacist or pharmacy technician license; continuing education; rules.
Sec. 17731.
(1) Notwithstanding the requirements of part 161, the board may require either of the following:
(a) That a licensee seeking renewal of a pharmacist's license furnish the department with satisfactory evidence that during the 2 years immediately preceding application for renewal, he or she attended continuing education courses or programs, approved by the board, totaling not less than 30 hours or satisfactorily completed a proficiency examination according to rules promulgated by the department in consultation with the board.
(b) That a licensee seeking renewal of a pharmacy technician's license furnish the department with satisfactory evidence that during the 2 years immediately preceding application for renewal, he or she has attended at least 20 hours of continuing education courses or programs, approved by the board, or satisfactorily completed a proficiency examination according to rules promulgated by the department in consultation with the board.
(2) The department in consultation with the board shall promulgate rules requiring each applicant for license renewal to complete as part of the continuing education or proficiency examination requirement of subsection (1) an appropriate number of hours or courses in pain and symptom management.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 290, Imd. Eff. Dec. 22, 1986 ;-- Am. 1994, Act 234, Imd. Eff. June 30, 1994 ;-- Am. 2014, Act 285, Eff. Dec. 22, 2014
Popular Name:
Act 368
Admin Rule:
R 338.3041 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 333.17733 - Relicensure of Pharmacist; Requirements.

333.17733 Relicensure of pharmacist; requirements.
Sec. 17733.
A pharmacist who has not actively engaged in the practice of pharmacy for more than 3 consecutive years may be granted relicensure upon application and completion of a program of practical pharmacy experience of at least 200 hours, as determined by the board.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1981, Act 215, Imd. Eff. Jan. 5, 1982 ;-- Am. 1988, Act 462, Eff. Sept. 1, 1989
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 333.17737 - Rules Establishing Standards for Internship Program; Limited License Required.

333.17737 Rules establishing standards for internship program; limited license required.
Sec. 17737.
(1) The board shall promulgate rules to establish standards for an internship program and participation therein by interns and preceptors.
(2) An individual shall not engage in an internship program which includes the practice of pharmacy without a limited license under this part.
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 333.17739 - Pharmacy Technician; Functions; Licensure.

333.17739 Pharmacy technician; functions; licensure.
Sec. 17739.
(1) An individual who performs any of the following functions is considered to be serving as a pharmacy technician and, except as otherwise provided in this part, is required to be licensed under this part as a pharmacy technician:
(a) Assisting in the dispensing process.
(b) Handling transfer of prescriptions, except controlled substances prescriptions.
(c) Compounding drugs.
(d) Preparing or mixing intravenous drugs for injection into a human patient.
(e) Contacting prescribers concerning prescription drug order clarification, which does not include drug regimen review or clinical or therapeutic interpretation.
(f) Receiving verbal orders for prescription drugs, except orders for controlled substances.
(g) Subject to section 16215, performing any other functions authorized under rules promulgated by the department in consultation with the board.
(2) A pharmacy or dispensing prescriber that utilizes the services of a pharmacy technician shall ensure that all of the following requirements, as applicable, are met:
(a) The pharmacy technician is licensed or otherwise authorized to serve as a pharmacy technician under this part.
(b) The pharmacy technician only performs the activities or functions that he or she is licensed or otherwise authorized to perform under this part or rules promulgated under this part.
(c) Except for a remote pharmacy or as otherwise provided by rule promulgated by the department in consultation with the board, the pharmacy technician only performs the activities or functions described in subdivision (b) under the supervision and personal charge of the pharmacist or dispensing prescriber.
History:
Add. 2014, Act 285, Eff. Dec. 22, 2014 ;-- Am. 2020, Act 4, Eff. Apr. 26, 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 333.17739a - Pharmacy Technician; Licensure; Requirements; Exemption From Certain Requirements.

333.17739a Pharmacy technician; licensure; requirements; exemption from certain requirements.
Sec. 17739a.
(1) Subject to subsection (2), the department may license an individual who meets all of the following requirements as a pharmacy technician under this part:
(a) Submits a completed application to the department on a form prescribed by the department.
(b) Except as otherwise provided in subsection (4), graduated from an accredited high school or comparable school or educational institution or passed the general educational development test or other graduate equivalency examination.
(c) Satisfies the requirements of section 16174.
(d) Except as otherwise provided in subsection (4), passes and submits proof to the department of passage of any of the following:
(i) The certified pharmacy technician examination given by the Pharmacy Technician Certification Board.
(ii) The certified pharmacy technician examination given by the National Healthcareer Association.
(iii) Any other nationally recognized and administered certification examination approved by the board.
(iv) An employer-based training program examination that is approved by the board and covers job descriptions, pharmacy security, commonly used medical abbreviations, routes of administration, product selection, final check by pharmacists, guidelines for the use of pharmacy technicians, pharmacy terminology, basic drug information, basic calculations, quality control procedures, state and federal laws and regulations regarding pharmacy technician duties, pharmacist duties, pharmacy intern duties, prescription or drug order processing procedures, drug record-keeping requirements, patient confidentiality, and pharmacy security and drug storage.
(2) An individual who is not a pharmacist, pharmacist intern, or pharmacy technician shall not perform any of the functions described in section 17739(1) for a pharmacy.
(3) A pharmacist shall not allow any individual employed or otherwise under the personal charge of the pharmacist to violate subsection (2). A person that owns, manages, operates, or conducts a pharmacy shall not allow any individual employed or otherwise under the control of that person to violate subsection (2).
(4) An individual who meets any of the following is not required to meet the requirements of subsection (1)(b) and (d) to be eligible for a license under subsection (1):
(a) As provided in section 16171(a), is a student in a pharmacy technician program approved by the board.
(b) Is applying for a temporary license under section 17739b.
(c) Is applying for a limited license under section 17739c.
History:
Add. 2014, Act 285, Eff. Dec. 22, 2014 ;-- Am. 2015, Act 133, Imd. Eff. Sept. 30, 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) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17739b - Pharmacy Technician; Temporary License.

333.17739b Pharmacy technician; temporary license.
Sec. 17739b.
(1) Subject to section 17739a(4), the department may issue a temporary license as a pharmacy technician to an individual who is preparing for the examination under section 17739a(1)(d). Notwithstanding section 16181, the term of a temporary license issued under this section expires 1 year after the date the temporary license is issued.
(2) An individual requesting a temporary license under this section shall submit a completed application, on a form prescribed by the department, to the department and pay the applicable fee under section 16333.
(3) An individual who holds a temporary license as a pharmacy technician issued under subsection (1) is subject to all of the requirements of this part, and rules promulgated by the department in consultation with the board, applicable to pharmacy technicians except the examination requirement under section 17739a(1)(d).
History:
Add. 2014, Act 285, Eff. Dec. 22, 2014 ;-- Am. 2015, Act 133, Imd. Eff. Sept. 30, 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) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17739c - Pharmacy Technician; Limited License.

333.17739c Pharmacy technician; limited license.
Sec. 17739c.
(1) In addition to the requirement of section 16182 and subject to section 17739a(4), the department may issue a limited license as a pharmacy technician to an individual if all of the following are met:
(a) The individual was employed as a pharmacy technician by a pharmacy on December 22, 2014 and has been continuously employed by that pharmacy since that date.
(b) The individual submits a completed application to the department on a form prescribed by the department and meets the requirements of section 16174.
(c) The individual provides documentation of satisfactory employment as a pharmacy technician for a minimum of 1,000 hours during the 2-year period immediately preceding the date of his or her application under subdivision (b).
(d) The applicable fee under section 16333 is paid.
(2) Except as otherwise provided in subsection (5), an individual who holds a limited license under this section may only act as a pharmacy technician for the pharmacy described in subsection (1)(a) and only until 1 of the following occurs:
(a) He or she is no longer employed by that pharmacy to perform those functions.
(b) He or she performs any of those functions for another pharmacy.
(3) The term of a limited pharmacy technician license issued by the department under this section is the same as a pharmacy technician license issued by the department under section 17739a.
(4) An individual who holds a limited pharmacy technician license issued under this section is subject to all of the requirements of this part, and the rules promulgated by the department in consultation with the board, except the examination requirement under section 17739a(1)(d).
(5) An individual who is employed as a pharmacy technician by an employer that operates multiple licensed pharmacy locations may work as a limited license pharmacy technician at any of the employer's licensed pharmacy locations in this state.
History:
Add. 2014, Act 285, Eff. Dec. 22, 2014 ;-- Am. 2015, Act 133, Imd. Eff. Sept. 30, 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) › 368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780) › Section 333.17741 - Pharmacy License Required; Personal Charge of Pharmacy by Pharmacist; Responsibility for Compliance With Laws; Control and Personal Charge of Pharmacy Services; Remote Pharmacy Exception; Effect of Violation on Pharmacy License.

333.17741 Pharmacy license required; personal charge of pharmacy by pharmacist; responsibility for compliance with laws; control and personal charge of pharmacy services; remote pharmacy exception; effect of violation on pharmacy license.
Sec. 17741.
(1) A pharmacy must not be operated unless licensed under this part.
(2) Except for a remote pharmacy, a pharmacy open for business must be under the personal charge of a pharmacist. A pharmacist shall not simultaneously have personal charge of more than 1 pharmacy.
(3) The person to whom a pharmacy license is issued and the pharmacists on duty are responsible for compliance with federal and state laws regulating the distribution of drugs and the practice of pharmacy. Except for a remote pharmacy, pharmacy services must be conducted under the control and personal charge of a pharmacist.
(4) A sanction for a violation of this part only affects the pharmacy license of the place of business where the violation occurred.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2020, Act 4, Eff. Apr. 26, 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 333.17742 - Disclosure; "Applicant" Defined.

333.17742 Disclosure; "applicant" defined.
Sec. 17742.
(1) The board may require an applicant or the holder of a pharmacy, manufacturer's, wholesale distributor's, or wholesale distributor-broker's license to fully disclose the identity of each partner, stockholder, officer, or member of the board of directors of the pharmacy, manufacturer, wholesale distributor, or wholesale distributor-broker, as applicable.
(2) As used in this section and sections 17742a, 17748, 17748a, 17748e, and 17768, "applicant" means a person applying for a pharmacy, manufacturer's, wholesale distributor's, or wholesale distributor-broker's license under this article. Applicant includes only 1 or more of the following:
(a) An individual, if the person applying is an individual.
(b) All partners, including limited partners, if the person applying is a partnership.
(c) All stockholders, officers, and members of the board of directors, if the person applying is a privately held corporation.
History:
Add. 1987, Act 250, Imd. Eff. Dec. 28, 1987 ;-- Am. 2014, Act 280, Eff. Sept. 30, 2014 ;-- Am. 2020, Act 4, Eff. Apr. 26, 2020 ;-- Am. 2020, Act 142, Imd. Eff. July 14, 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 333.17742a - Remote Pharmacy; Operation; Licensure Requirements; Location Waiver; Exception.

333.17742a Remote pharmacy; operation; licensure requirements; location waiver; exception.
Sec. 17742a.
(1) A parent pharmacy shall not operate a remote pharmacy in this state unless the parent pharmacy and the remote pharmacy are each located in this state and licensed as a pharmacy under this part.
(2) The department shall grant a pharmacy license to an applicant seeking to operate a remote pharmacy if the applicant meets all of the following:
(a) Submits a completed application and pays the applicable fee under section 16333.
(b) Demonstrates to the satisfaction of the department that the parent pharmacy and the proposed remote pharmacy share common ownership.
(c) Subject to subsection (3), demonstrates to the satisfaction of the department that, at the time of the application, the location of the proposed remote pharmacy is not within 10 miles of another pharmacy. This subdivision does not apply if the remote pharmacy is located at a hospital or mental health facility.
(d) Meets any other requirement for licensure as a pharmacy as established by the department, in consultation with the board, by rule.
(3) An applicant seeking a pharmacy license under subsection (2) may apply to the board for a waiver of the mileage requirement described in subsection (2)(c). The board shall only grant a request for a waiver if the applicant demonstrates to the satisfaction of the board that the location of the proposed remote pharmacy is in an area where there is limited access to pharmacy services and that there are compelling circumstances that justify waiving the requirement.
(4) If a pharmacy license is granted to a pharmacy that is located within 10 miles of a remote pharmacy after the remote pharmacy's license is granted or renewed, the remote pharmacy may continue to operate.
History:
Add. 2020, Act 4, Eff. Apr. 26, 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 333.17743 - Pharmacy License; Contents; Duration.

333.17743 Pharmacy license; contents; duration.
Sec. 17743.
(1) A pharmacy license shall contain the name of the licensee, the address of the place of practice, a description of the pharmacy and the premises thereof, and other information the board requires.
(2) A pharmacy license is valid for 2 years, commencing on the date of issue and terminating on the date prescribed for pharmacists in section 16194.
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 333.17744 - Designation of Agent by Prescriber; Issuance of Prescription; Limitation; Transmission of Prescription to Pharmacy.

333.17744 Designation of agent by prescriber; issuance of prescription; limitation; transmission of prescription to pharmacy.
Sec. 17744.
(1) A prescriber may designate an agent to act on behalf of or at the discretion of that prescriber. A designation of an agent by a prescriber under this section is not required to be in writing to be a valid designation. If a designation of an agent by a prescriber under this section is contained in a written document, the prescriber or the agent may transmit that document to a pharmacy that will dispense a prescription issued by that prescriber.
(2) Only a prescriber acting within the scope of his or her practice may issue a prescription. An agent may prepare and transmit a prescription that has been signed by the prescriber, including a signature that meets the requirements of section 17754 or 17754a. The prescriber issuing a prescription and the pharmacist dispensing a drug or device under a prescription is responsible for all of the requirements of state and federal law, rules, and regulations regarding the issuance of prescriptions and dispensing of drugs or devices under prescriptions.
(3) A prescriber or his or her agent may transmit to a pharmacy a prescription that is contained within a patient's chart in a health facility or agency licensed under article 17 or other medical institution. A prescription that is contained within a patient's chart in a health facility or agency licensed under article 17 or other medical institution and that is created in an electronic format may contain more than 6 prescriptions and may contain prescriptions for schedule 3 through 5 controlled substances and noncontrolled substances on the same form.
History:
Add. 2012, Act 209, Imd. Eff. June 27, 2012 ;-- Am. 2020, Act 136, 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 333.17744a - Auto-Injectable Epinephrine; Prescribing or Issuing to Authorizing Entity.

333.17744a Auto-injectable epinephrine; prescribing or issuing to authorizing entity.
Sec. 17744a.
(1) Notwithstanding any provision of this act to the contrary, a prescriber may issue a prescription for and a dispensing prescriber or pharmacist may dispense auto-injectable epinephrine to an authorized entity. When issuing a prescription for or dispensing auto-injectable epinephrine to an authorized entity as authorized under this section, the prescriber, dispensing prescriber, or pharmacist, as appropriate, shall insert the name of the authorized entity as the name of the patient.
(2) A school employee who is a licensed registered professional nurse or who is trained in the administration of an epinephrine auto-injector under section 1179a of the revised school code, 1976 PA 451, MCL 380.1179a, may possess and administer an epinephrine auto-injector dispensed to a school board under this section.
(3) An authorized entity as defined in subsection (6)(b) may acquire and stock a supply of auto-injectable epinephrine under a prescription as authorized in this section. An authorized entity as defined in subsection (6)(b) that acquires and stocks a supply of auto-injectable epinephrine is subject to section 17744d.
(4) A law enforcement officer or firefighter of an authorized entity as defined in subsection (6)(c) may, subject to section 2 of the law enforcement and firefighter access to epinephrine act, possess and administer auto-injectable epinephrine dispensed to the entity under this section.
(5) A prescriber who issues a prescription for or a dispensing prescriber or pharmacist who dispenses auto-injectable epinephrine to an authorized entity as authorized under this section is not liable in a civil action for a properly stored and dispensed epinephrine auto-injector that was a proximate cause of injury or death to an individual due to the administration of or failure to administer the epinephrine auto-injector.
(6) As used in this section, "authorized entity" means any of the following:
(a) A school board for the purpose of meeting the requirements of section 1179a of the revised school code, 1976 PA 451, MCL 380.1179a.
(b) A person or governmental entity that operates or conducts a business or activity at which allergens capable of causing anaphylaxis may be present, including, but not limited to, a recreation camp, youth sports league, amusement park, nonpublic school, religious institution, or sports arena.
(c) An eligible entity authorized to purchase, possess, and distribute auto-injectable epinephrine under the law enforcement and firefighter access to epinephrine act.
History:
Add. 2013, Act 186, Eff. Mar. 14, 2014 ;-- Am. 2015, Act 221, Eff. Mar. 16, 2016 ;-- Am. 2020, Act 311, Imd. Eff. Dec. 29, 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 333.17744b - Prescribing, Possessing, or Dispensing Opioid Antagonist; Liability.

333.17744b Prescribing, possessing, or dispensing opioid antagonist; liability.
Sec. 17744b.
(1) Notwithstanding any provision of this act to the contrary, a prescriber may issue a prescription for and a dispensing prescriber or pharmacist may dispense an opioid antagonist to any of the following:
(a) An individual patient at risk of experiencing an opioid-related overdose.
(b) A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose.
(c) A person other than an individual that meets all of the following requirements:
(i) Acts at the direction of the prescriber or dispensing prescriber.
(ii) Upon receipt of an opioid antagonist, stores the opioid antagonist in compliance with this part.
(iii) Dispenses or administers an opioid antagonist under a valid prescription issued to an individual or a patient.
(iv) Performs the requirements under this subsection without charge or compensation.
(d) An agency authorized to purchase, possess, and distribute an opioid antagonist under the administration of opioid antagonists act.
(2) When issuing a prescription for or dispensing an opioid antagonist as authorized under this section to an agency described in subsection (1)(d) or a person other than a patient, the prescriber, dispensing prescriber, or pharmacist, as appropriate, shall insert the name of the agency or the person as the name of the patient.
(3) Notwithstanding any provision of this act to the contrary, a person that is acting in good faith and with reasonable care may possess and dispense an opioid antagonist.
(4) Notwithstanding any provision of this act to the contrary, an employee or agent of an agency described in subsection (1)(d) may, subject to section 105 of the administration of opioid antagonists act, possess and administer an opioid antagonist dispensed to the agency under this section.
(5) A prescriber who issues a prescription for or a dispensing prescriber or pharmacist who dispenses an opioid antagonist as authorized under this section is not liable in a civil action for a properly stored and dispensed opioid antagonist that was a proximate cause of injury or death to an individual due to the administration of or failure to administer the opioid antagonist.
History:
Add. 2014, Act 311, Imd. Eff. Oct. 14, 2014 ;-- Am. 2016, Act 384, Eff. Mar. 29, 2017 ;-- Am. 2019, Act 36, Eff. Sept. 24, 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 333.17744c - Person Administering Opioid Antagonist Under Certain Conditions; Immunity From Criminal Prosecution or Sanction.

333.17744c Person administering opioid antagonist under certain conditions; immunity from criminal prosecution or sanction.
Sec. 17744c.
A person that administers an opioid antagonist to an individual who he or she believes is suffering an opioid-related overdose and that acts in good faith and with reasonable care is immune from criminal prosecution or sanction under any professional licensing act for that act.
History:
Add. 2014, Act 313, Imd. Eff. Oct. 14, 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 333.17745b - Industrial Clinic or Prescriber Practice Without On-Site Pharmacy; Dispensing Prescription Drug.

333.17745b Industrial clinic or prescriber practice without on-site pharmacy; dispensing prescription drug.
Sec. 17745b.
(1) Subject to subsection (3), in an industrial clinic or other prescriber practice location without an on-site pharmacy, a dispensing prescriber may delegate the dispensing of prescription drugs only to a registered professional nurse licensed under part 172.
(2) In an industrial clinic or other prescriber practice location without an on-site pharmacy, if a dispensing prescriber does not delegate the dispensing of a prescription drug, the dispensing prescriber shall do both of the following:
(a) Be physically present at the time the prescription drug is dispensed.
(b) Immediately before the prescription drug is dispensed, perform a final inspection of the type of prescription drug, labeling, dosage, and amount of the prescription drug dispensed.
(3) A dispensing prescriber who delegates the dispensing of a prescription drug to a patient in an industrial clinic or other prescriber practice location without an on-site pharmacy shall not delegate the dispensing of more than a 72-hour supply of the prescription drug.
(4) Before dispensing a prescription drug to a patient in an industrial clinic or other prescriber practice location without an on-site pharmacy, a dispensing prescriber who intends to charge for dispensing the drug shall give a written prescription to the patient and shall instruct the patient that he or she may elect to have the prescription filled by the dispensing prescriber or the patient's pharmacy of choice.
(5) If a dispensing prescriber intends to charge for dispensing a prescription drug to a patient in an industrial clinic or other prescriber practice location without an on-site pharmacy, the dispensing prescriber shall inform the patient of that fact before dispensing the prescription drug to the patient. The dispensing prescriber also shall list the charge for dispensing the prescription drug as a separate item on the patient's bill.
(6) This section does not apply to public health programs as defined in section 17745a.
History:
Add. 1993, Act 306, Imd. Eff. Dec. 28, 1993 ;-- Am. 2016, Act 379, Eff. Mar. 22, 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 333.17746 - Hospice Emergency Care Services in Patients' Homes; Medication Box Exchange Program.

333.17746 Hospice emergency care services in patients' homes; medication box exchange program.
Sec. 17746.
A pharmacy may establish a medication box exchange program for hospice emergency care services rendered in patients' homes, pursuant to this section and rules promulgated under this section. The pharmacist in charge of the pharmacy shall be responsible for developing, implementing, and coordinating the program in conjunction with the medical director of the hospice program. The pharmacist in charge of the pharmacy shall be responsible for obtaining prescriptions from the hospice medical director for the drugs dispensed from a medication box. The board may promulgate rules to implement this section.
History:
Add. 1993, Act 305, Imd. Eff. Dec. 28, 1993
Popular Name:
Act 368
Admin Rule:
R 338.471 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 333.17747 - Drug Control License; Contents; Duration; Renewal; Conditions; License as Automatically Void.

333.17747 Drug control license; contents; duration; renewal; conditions; license as automatically void.
Sec. 17747.
(1) A drug control license shall contain the name and address of the dispensing prescriber and each location in which the storage and dispensing of drugs occur and other information the board requires.
(2) A drug control license is valid until the date on which the dispensing prescriber's professional license must be renewed, at which time the drug control license shall be renewed. The drug control license shall be renewed automatically, if both of the following conditions are met:
(a) The dispensing prescriber indicates that he or she dispenses drugs and desires to continue to do so.
(b) The dispensing prescriber renews his or her professional license.
(3) A dispensing prescriber whose drug control license is renewed pursuant to subsection (2) is subject to section 16226 and the other requirements of this article and article 7.
(4) A drug control license is automatically void if a board suspends or revokes the licensee's health professional license.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 431, Eff. Mar. 31, 1981 ;-- Am. 1990, Act 333, Eff. Mar. 28, 1991 ;-- Am. 1993, Act 79, Eff. Apr. 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 333.17748c - Compounding Pharmaceutical; Commercial Availability.

333.17748c Compounding pharmaceutical; commercial availability.
Sec. 17748c.
Except for pharmaceuticals on the Michigan pharmaceutical product list maintained by the department of community health, a pharmacist shall not compound a pharmaceutical that is commercially available unless 1 of the following requirements is met:
(a) The commercially available pharmaceutical is modified to produce a significant difference, in the professional judgment of the prescriber, between the compounded pharmaceutical for the patient and the comparable commercially available pharmaceutical.
(b) The commercially available pharmaceutical is not available from normal distribution channels in a timely manner to meet the patient's needs and the dispensing of the compounded pharmaceutical has been approved by the prescriber and the patient. A pharmacist who compounds a commercially available pharmaceutical as provided in this subdivision shall maintain documentation of the reason for the compounding.
History:
Add. 2014, Act 280, Eff. Sept. 30, 2014
Popular Name:
Act 368