Michigan Compiled Laws 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.
  (1) For purposes of this part the words and phrases defined in sections 17702 to 17709 have the meanings ascribed to them in those...
• Section 333.17702 Definitions; A To C.
  (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 333.17703 Definitions; D, E.
  (1) "Device" means an instrument, apparatus, or contrivance, including its components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or...
• Section 333.17704 Definitions; F To I.
  (1) "Federal act" means the federal food, drug, and cosmetic act, 21 USC 301 to 399f. (2) "Food and drug administration" or "FDA" means...
• Section 333.17705 Definitions; L.
  (1) “Label” means a display of written, printed, or graphic matter on the immediate container of a drug or device, but does not include...
• Section 333.17706 Definitions; M, O.
  (1) "Manufacturer" means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or...
• Section 333.17707 Definitions; P.
  (1) "Personal charge" means the immediate physical presence of a pharmacist or dispensing prescriber. (2) "Pharmacist" means an individual licensed under this article to...
• Section 333.17708 Definitions; P.
  (1) "Preceptor" means a pharmacist approved by the board to direct the training of an intern in an approved pharmacy. (2) "Prescriber" means a...
• Section 333.17709 Definitions; S To W.
  (1) "Sign" means to affix one's signature manually to a document or to use an electronic signature when transmitting a prescription electronically. (2) "Sterile...
• Section 333.17711 Practice Of Pharmacy Or Pharmacy Technician; License Or Authorization Required; Use Of Words, Titles, Or Letters.
  (1) An individual shall not engage in the practice of pharmacy unless licensed or otherwise authorized by this article. Beginning October 1, 2015, an...
• Section 333.17721 Michigan Board Of Pharmacy; Creation; Membership; Terms.
  (1) The Michigan board of pharmacy is created in the department and consists of the following 11 voting members who meet the requirements of...
• Section 333.17722 Michigan Board Of Pharmacy; Duties Generally.
  In addition to the functions set forth in part 161, the board shall: (a) Regulate, control, and inspect the character and standard of pharmacy...
• Section 333.17723 Pilot Project To Maintain Or Improve Patient Care In Delivery Of Pharmacy Services And Improving Patient Outcomes.
  (1) Subject to this section, the board may approve a pilot project that is designed to utilize new or expanded technology or processes and...
• Section 333.17726 License; Issuance.
  The department shall issue a license to an applicant who is granted a license by the board. History: 1978, Act 368, Eff. Sept. 30,...
• Section 333.17731 Renewal Of Pharmacist Or Pharmacy Technician License; Continuing Education; Rules.
  (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...
• Section 333.17733 Relicensure Of Pharmacist; Requirements.
  A pharmacist who has not actively engaged in the practice of pharmacy for more than 3 consecutive years may be granted relicensure upon application...
• Section 333.17737 Rules Establishing Standards For Internship Program; Limited License Required.
  (1) The board shall promulgate rules to establish standards for an internship program and participation therein by interns and preceptors. (2) An individual shall...
• Section 333.17739 Pharmacy Technician; Functions; Licensure.
  (1) An individual who performs any of the following functions is considered to be serving as a pharmacy technician and, except as otherwise provided...
• Section 333.17739a Pharmacy Technician; Licensure; Requirements; Exemption From Certain Requirements.
  (1) Subject to subsection (2), the department may license an individual who meets all of the following requirements as a pharmacy technician under this...
• Section 333.17739b Pharmacy Technician; Temporary License.
  (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...
• Section 333.17739c Pharmacy Technician; Limited License.
  (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...
• Section 333.17741 Pharmacy License Required; Personal Charge Of Pharmacy By Pharmacist; Responsibility For Compliance With Laws; Control And Personal Charge Of Pharmacy Services; Effect Of Violation On Pharmacy License.
  (1) A pharmacy shall not be operated unless licensed by this part. (2) A pharmacy open for business shall be under the personal charge...
• Section 333.17742 Disclosure; "Applicant" Defined.
  (1) The board may require an applicant or the holder of a pharmacy, manufacturer's, or wholesale distributor's license to fully disclose the identity of...
• Section 333.17743 Pharmacy License; Contents; Duration.
  (1) A pharmacy license shall contain the name of the licensee, the address of the place of practice, a description of the pharmacy and...
• Section 333.17744 Designation Of Agent By Prescriber; Issuance Of Prescription; Limitation; Transmission Of Prescription To Pharmacy.
  (1) A prescriber may designate an agent to act on behalf of or at the discretion of that prescriber. A designation of an agent...
• Section 333.17744a Prescribing Or Dispensing Auto-injectable Epinephrine To School Board.
  (1) Notwithstanding any provision of this act to the contrary, a prescriber may issue a prescription for and a dispensing prescriber or pharmacist may...
• Section 333.17744b Prescribing, Possessing, Or Dispensing Opioid Antagonist; Liability.
  (1) Notwithstanding any provision of this act to the contrary, a prescriber may issue a prescription for and a dispensing prescriber or pharmacist may...
• Section 333.17744c Person Administering Opioid Antagonist Under Certain Conditions; Immunity From Criminal Prosecution Or Sanction.
  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...
• Section 333.17745 Drug Control License; Patient's Chart Or Clinical Record To Include Record Of Drugs Dispensed; Delegating Authority To Dispense Drugs; Storage Of Drugs; Container; Label; Complimentary Starter Dose Drug; Information; Compliance With Mcl 333.7303a; Inspection Of Locations; Limitation On Delegation; Receipt Of Complimentary Starter Dose Drugs By Pharmacist; "Complimentary Starter Dose" Defined.
  (1) Except as otherwise provided in this subsection, a prescriber who wishes to dispense prescription drugs shall obtain from the board a drug control...
• Section 333.17745a Definitions; Individuals Delegated Authority To Dispense Prescriptions; Delegating Delivery Of Certain Oral Contraceptives; Circumstances; Delegating Delivery Of Methadone.
  (1) As used in this section: (a) “Medicaid” means the program of medical assistance established under title XIX of the social security act, chapter...
• Section 333.17745b Industrial Clinic Or Prescriber Practice Without On-site Pharmacy; Dispensing Prescription Drug.
  (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...
• Section 333.17746 Hospice Emergency Care Services In Patients' Homes; Medication Box Exchange Program.
  A pharmacy may establish a medication box exchange program for hospice emergency care services rendered in patients' homes, pursuant to this section and rules...
• Section 333.17747 Drug Control License; Contents; Duration; Renewal; Conditions; License As Automatically Void.
  (1) A drug control license shall contain the name and address of the dispensing prescriber and each location in which the storage and dispensing...
• Section 333.17748 Pharmacy, Manufacturer, Or Wholesale Distributor; License Required; Compounding Services; Renewal; Designation Of Pharmacist In Charge; Joint Responsibility; Exemption; Report Of Change In Ownership, Management, Location, Or Pic Or Facility Manager; Duties Of Pharmacist In Charge; Submission Of Fingerprints; Criminal History Check; Exception; Investigation Or Inspection Of Out-of-state Applicant Or Compounding Pharmacy; Reimbursement For Expenses.
  (1) To do business in this state, a pharmacy, manufacturer, or wholesale distributor, whether or not located in this state, must be licensed under...
• Section 333.17748a Compounding Services For Sterile Pharmaceuticals; Accreditation; Notification Of Complaint; Maintenance And Retention Of Records; Resale Of Excess Compounded Pharmaceuticals Prohibited; Distribution Of Samples Or Complimentary Starter Doses; Advertisement Or Promotion Of Compounding Services; Compounding Pharmaceutical That Is Unavailable In Marketplace; Compounding And Manufacturing At Same Location; Rules.
  (1) Beginning September 30, 2014, an applicant for a new pharmacy license for a pharmacy that will provide compounding services for sterile pharmaceuticals shall...
• Section 333.17748b Compounding Nonsterile Or Sterile Pharmaceuticals For Prescriber Or Health Facility Or Agency To Administer To Patients Without Prescription; Authorization; Report Of Adverse Event; List Of Authorized Pharmacies And Pharmacists; Selling Or Redispensing To Prescriber Or Health Facility Or Agency.
  (1) Except as otherwise provided in this subsection, a pharmacist or pharmacy shall not compound nonsterile or sterile pharmaceuticals for a prescriber or health...
• Section 333.17748c Compounding Pharmaceutical; Commercial Availability.
  Except for pharmaceuticals on the Michigan pharmaceutical product list maintained by the department of community health, a pharmacist shall not compound a pharmaceutical that...
• Section 333.17748d Violation Of Mcl 333.17748a Or 17748b; Penality.
  (1) Except as otherwise provided in this section, a person that violates section 17748a or 17748b is guilty of a misdemeanor. (2) Except as...
• 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.
  (1) Notwithstanding any provision of this act or any rule promulgated under this act, a wholesale distributor or pharmacist may dispense a diagnostic pharmaceutical...
• Section 333.17750 Person Who Distributes Complimentary Starter Doses To Prescribers; Records; Access By Board; “complimentary Starter Dose” Defined.
  (1) A person who distributes complimentary starter doses to prescribers shall maintain records that include at least all of the following information: (a) The...
• Section 333.17750a Dispensing Of Prescription For Therapeutic Pharmaceutical Agent By Pharmacist.
  (1) A pharmacist may dispense a prescription for a therapeutic pharmaceutical agent issued by an optometrist certified by the Michigan board of optometry under...
• Section 333.17751 Dispensing Prescription Drug Or Device; Requirements.
  (1) A pharmacist shall not dispense a drug requiring a prescription under the federal act or a law of this state except under authority...
• Section 333.17752 Prescription Or Equivalent Record; Preservation; Disclosure; Providing Copies; Refilling Copy; Applicability Of Subsection (3) To Pharmacies Sharing Real-time, On-line Database.
  (1) A prescription, or an equivalent record of the prescription approved by the board, shall be preserved by a licensee or dispensing prescriber for...
• Section 333.17753 Centralized Prescription Processing; Conditions For Performing Or Contracting; Maintenance Of Policy And Procedures Manual; Definition.
  (1) A pharmacy may perform centralized prescription processing services or outsource those services to another pharmacy if each of the following conditions is satisfied:...
• Section 333.17754 Electronic Transmission Of Prescription; Conditions; Information; Confidentiality; Professional Judgment As To Accuracy, Validity, And Authenticity; Original Prescription.
  (1) Except as otherwise provided under article 7, article 8, and the federal act, a prescription may be transmitted electronically if the prescription is...
• Section 333.17755 Dispensing Lower Cost Generically Equivalent Drug Product; Notice; Contents Of Prescription Label; Passing On Savings; Restrictions; Limitation On Total Charge.
  (1) When a pharmacist receives a prescription for a brand name drug product, the pharmacist may, or when a purchaser requests a lower cost...
• Section 333.17756 Label On Prescription; Contents.
  (1) A prescription dispensed by a pharmacist shall bear upon the label the name of the medication in the container, unless the prescriber writes...
• Section 333.17757 Price Information; Notice; Receipt Evidencing Transactions; Omission; Retention Of Copy Of Receipt; Rules.
  (1) Upon a request made in person or by telephone, a pharmacist engaged in the business of selling drugs at retail shall provide the...
• Section 333.17757a Providing Selling Price Of Drugs Dispensed Upon Request; Notice To Consumers About Prescription Drugs; Contents; Form; Display; Copies.
  (1) Upon a request made in person or by telephone, a dispensing prescriber engaged in the business of selling prescription drugs shall provide the...
• Section 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
• Section 333.17759 Dispensing Harmful Drug; Requirements.
  A harmful drug shall be dispensed only: (a) As a prescription drug. (b) Under the control of a licensed pharmacist or prescriber, who maintains...
• Section 333.17761 Display Of Notice; Dispensing Prescription In Safety Closure Container.
  (1) A pharmacy, except for a pharmacy which only dispenses drugs for inpatient use at a health care facility, shall display the notice required...
• Section 333.17762 Misbranded Prescription.
  (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...
• Section 333.17763 Grounds For Fine, Reprimand, Or Probation; Grounds For Denying, Limiting, Suspending, Or Revoking License.
  In addition to the grounds set forth in part 161, the disciplinary subcommittee may fine, reprimand, or place a pharmacist licensee on probation, or...
• Section 333.17764 Conduct Constituting Misdemeanor; Violation; Penalty; Other Violations.
  (1) A person shall not sell, offer for sale, possess for sale, or manufacture for sale a drug or device bearing or accompanied by...
• Section 333.17765 Adulteration Or Misbranding; Guaranty Or Undertaking As Protection Against Penalties For Violation; Exception; Notice To Seller, Manufacturer, Or Wholesale Distributor.
  A person is not subject to penalties for a violation of this part dealing with adulteration or misbranding, if the person establishes that a...
• Section 333.17766 Additional Conduct Constituting Misdemeanor.
  Except as provided in sections 17766d and 17780, a person who does any of the following is guilty of a misdemeanor: (a) Obtains or...
• Section 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
• Section 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
• Section 333.17766c Purchase Or Possession Of Ephedrine Or Pseudoephedrine Or Mixture Prohibited; Violation; Penalty; Exceptions.
  (1) A person shall not do any of the following: (a) Purchase more than 3.6 grams of ephedrine or pseudoephedrine alone or in a...
• Section 333.17766d Pharmacy Operated By Department Of Corrections Or Under Contract With County Jail; Resale Or Redistribution Of Prescription Drug; Definitions.
  (1) Notwithstanding section 17766(f), a pharmacy operated by the department of corrections or under contract with the department of corrections or a county jail...
• Section 333.17766e Sale Of Ephedrine Or Pseudoephedrine; Requirements Of Retail Distributor; Exceptions; Violation; Fine; Report.
  (1) Except as otherwise provided under this section, a person who possesses ephedrine or pseudoephedrine for retail sale pursuant to a license issued under...
• Section 333.17766f Possession Of Products Containing Ephedrine Or Pseudoephedrine; Prohibited Conduct; Exceptions; Violation; Penalty; Affirmative Defense; Rebuttal; Conflict Of Local Requirements With Section.
  (1) A person who possesses products that contain any compound, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, a salt or...
• Section 333.17767 Rules And Determinations As To Licensing.
  The board may promulgate rules and make determinations necessary or appropriate to the licensing of pharmacists, drugs, dispensers, manufacturers, and wholesalers under this part....
• Section 333.17768 Grounds For Fine, Reprimand, Or Probation, Or For Denying, Limiting, Suspending, Or Revoking License Or Ordering Restitution Or Community Service; Applicability Of Subsection (2)(b).
  (1) In a manner consistent with part 161, the disciplinary subcommittee may fine, reprimand, or place on probation a person licensed under this part,...
• Section 333.17770 Exceptions.
  Except as to the labeling of poisonous or deleterious drugs and to adulterating, misbranding, and substituting, this part shall not apply: (a) To the...
• Section 333.17775 "Program For Utilization Of Unused Prescription Drugs"; Definitions; Unused Prescription Drug Repository And Distribution Program; Rules; Standards And Procedures.
  (1) This section and section 17776 shall be known and may be referred to as the "program for utilization of unused prescription drugs". (2)...
• Section 333.17776 Destruction And Disposal Of Certain Drugs And Medications.
  (1) Subject to all applicable federal laws and regulations and state laws and rules, a pharmacy, health professional, or charitable clinic that participates in...
• Section 333.17780 Cancer Drug Repository Program.
  (1) The board shall establish and maintain a cancer drug repository program that would allow a person to donate a cancer drug or supply...

Last modified: October 10, 2016