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HOUSE BILL NO. 6172
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7333 (MCL 333.7333), as amended by 2020 PA 136.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7333. (1) As used in this section, "good faith" means the 1
prescribing or dispensing of a controlled substance by a 2
practitioner licensed under section 7303 in the regular course of 3
professional treatment to or for an individual who is under 4
treatment by the practitioner for a pathology or condition other 5
than that individual's physical or psychological dependence on or 6
July 03, 2026, Introduced by Reps. Foreman, McFall, Rheingans, Glanville, Byrnes, Mentzer,
Hoskins and Skaggs and referred to Committee on Regulatory Reform.
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addiction to a controlled substance, except as provided in this 1
article. Application of good faith to a pharmacist means the 2
dispensing of a controlled substance pursuant to a prescriber's 3
order which, in the professional judgment of the pharmacist, is 4
lawful. The pharmacist shall be guided by nationally accepted 5
professional standards including, but not limited to, all of the 6
following, in making the judgment: 7
(a) Lack of consistency in the doctor-patient relationship. 8
(b) Frequency of prescriptions for the same drug by 1 9
prescriber for larger numbers of patients. 10
(c) Quantities beyond those normally prescribed for the same 11
drug. 12
(d) Unusual dosages. 13
(e) Unusual geographic distances between patient, pharmacist, 14
and prescriber. 15
(2) Except as otherwise provided in this section, a 16
practitioner, in good faith, may dispense a controlled substance 17
included in schedule 2 that is a prescription drug as determined 18
under section 503(b) of the federal food, drug, and cosmetic act, 19
21 USC 353, or section 17708, on receipt of either of the 20
following: 21
(a) A prescription of a practitioner licensed under section 22
7303 on a prescription form. More than 1 prescription for a 23
controlled substance included in schedule 2 may be included on a 24
single prescription form. 25
(b) A prescription that is electronically transmitted under 26
section 17754a. 27
(3) In an emergency situation, as described in R 338.3165 of 28
the Michigan Administrative Code, a controlled substance included 29
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in schedule 2 may be dispensed on the oral prescription of a 1
practitioner if the prescribing practitioner promptly fills out a 2
prescription form and forwards the prescription form to the 3
dispensing pharmacy within 7 days after the oral prescription is 4
issued. A prescription for a controlled substance included in 5
schedule 2 must not be filled more than 90 days after the date on 6
which the prescription was issued. A pharmacist, consistent with 7
federal law and regulations on the partial filling of a controlled 8
substance included in schedule 2, may partially fill in increments 9
a prescription for a controlled substance included in schedule 2. 10
(4) A practitioner, in good faith, may dispense a controlled 11
substance included in schedule 3, 4, or 5 that is a prescription 12
drug as determined under section 503(b) of the federal food, drug, 13
and cosmetic act, 21 USC 353, or section 17708, on receipt of any 14
of the following: 15
(a) A prescription on a prescription form. 16
(b) An oral prescription of a practitioner. 17
(c) A prescription that is electronically transmitted under 18
section 17754a. 19
(5) A prescription for a controlled substance included in 20
schedule 3 or 4 must not be filled or refilled without specific 21
refill instructions noted by the prescriber. A prescription for a 22
controlled substance included in schedule 3 or 4 must not be filled 23
or refilled later than 6 months after the date of the prescription 24
or be refilled more than 5 times, unless renewed by the prescriber 25
in accordance with rules promulgated by the administrator. 26
(6) A controlled substance included in schedule 5 must not be 27
distributed or dispensed other than for a medical purpose, or in 28
any manner except in accordance with rules promulgated by the 29
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administrator. 1
(7) If a prescription is required under this section, the 2
prescription must contain the quantity of the controlled substance 3
prescribed in both written and numerical terms. A prescription is 4
in compliance with this subsection if, in addition to containing 5
the quantity of the controlled substance prescribed in written 6
terms, it contains preprinted numbers representative of the 7
quantity of the controlled substance prescribed next to which is a 8
box or line the prescriber may check. 9
(8) A prescribing practitioner shall not use a prescription 10
form for a purpose other than prescribing. A prescribing 11
practitioner shall not postdate a prescription form that contains a 12
prescription for a controlled substance. Until the date on which 13
section 17754a applies, a prescriber may transmit a prescription by 14
facsimile of a printed prescription form and by electronic 15
transmission of a printed prescription form, if not prohibited by 16
federal law. If, with the patient's consent, a prescription is 17
electronically transmitted under this subsection, it must be 18
transmitted directly to a pharmacy of the patient's choice by the 19
prescriber or the prescriber's authorized agent, and the data must 20
not be altered, modified, or extracted in the transmission process. 21
(9) Notwithstanding subsections (1) to (6), a class B dealer 22
may acquire a limited permit only for the purpose of buying, 23
possessing, and administering a commercially prepared, premixed 24
solution of sodium pentobarbital to perform euthanasia on injured, 25
sick, homeless, or unwanted domestic pets and other animals, if the 26
class B dealer does all of the following: 27
(a) Applies to the administrator for a permit in accordance 28
with rules promulgated under this part. The application must 29
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contain the name of the individual in charge of the day-to-day 1
operations of the class B dealer's facilities and the name of the 2
individual responsible for designating employees who will be 3
performing euthanasia on animals pursuant to this act. 4
(b) Complies with the rules promulgated by the administrator 5
for the storage, handling, and use of a commercially prepared, 6
premixed solution of sodium pentobarbital to perform euthanasia on 7
animals. The class B dealer shall maintain a record of use and 8
shall make the record available for inspection by the department of 9
licensing and regulatory affairs, the department of agriculture and 10
rural development, and the United States Department of Agriculture. 11
(c) Subject to subdivision (d), certifies that the class B 12
dealer or an employee of the class B dealer has received, and can 13
document completion of, a minimum of 16 hours of training, 14
including at least 12 hours of content training and at least 4 15
hours of practical training, in the use of a commercially prepared, 16
premixed solution of sodium pentobarbital and an animal 17
tranquilizer to perform euthanasia on animals from a training 18
program approved by the state veterinarian, in consultation with 19
the Michigan board of veterinary medicine, and given by a licensed 20
veterinarian pursuant to rules promulgated by the administrator. 21
The training described in this subdivision must comply with the 22
American Veterinary Medical Association's guidelines for the 23
euthanasia of animals. 24
(d) Until December 31, 2021, ensures that the class B dealer 25
or an employee of the class B dealer who received, and can document 26
the completion of, the 8 hours of training required immediately 27
before May 22, 2018 only administers a commercially prepared, 28
premixed solution of sodium pentobarbital to perform euthanasia on 29
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the animals described in this subsection. Beginning January 1, 1
2022, the individuals described in this subdivision must have 2
received, and be able to document the completion of, the training 3
described in subdivision (c) to administer a commercially prepared, 4
premixed solution of sodium pentobarbital or an animal tranquilizer 5
to perform euthanasia on the animals described in this subsection. 6
(e) Certifies that only an individual described in subdivision 7
(c) or (d) or an individual otherwise permitted to use a controlled 8
substance pursuant to this article will administer the commercially 9
prepared, premixed solution of sodium pentobarbital or an animal 10
tranquilizer according to written procedures established by the 11
class B dealer. 12
(f) Beginning January 1, 2022, certifies that the individual 13
in charge of the day-to-day operations of the class B dealer's 14
facilities has received, and can document the completion of, the 15
training described in subdivision (c). 16
(g) Complies with all state and federal laws, rules, and 17
regulations regarding the acquisition, use, and security of 18
controlled substances. 19
(10) Notwithstanding subsections (1) to (6), an animal control 20
shelter or animal protection shelter registered licensed with the 21
department of agriculture and rural development pursuant to 1969 PA 22
287, MCL 287.331 to 287.340, may acquire a limited permit only for 23
the purpose of buying, possessing, and administering a commercially 24
prepared, premixed solution of sodium pentobarbital, or an animal 25
tranquilizer, to use exclusively as an adjunct in the process of 26
performing euthanasia on injured, sick, homeless, or unwanted 27
domestic pets and other animals, if the animal control shelter or 28
animal protection shelter does all of the following: 29
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(a) Applies to the administrator for a permit in accordance 1
with rules promulgated under this part. The application must 2
contain the name of the individual in charge of the day-to-day 3
operations of the animal control shelter or animal protection 4
shelter and the name of the individual responsible for designating 5
employees who will be performing euthanasia on animals pursuant to 6
this act. 7
(b) Complies with the rules promulgated by the administrator 8
for the storage, handling, and use of a commercially prepared, 9
premixed solution of sodium pentobarbital or an animal tranquilizer 10
to perform euthanasia on animals. The animal control shelter or 11
animal protection shelter shall maintain a record of use and make 12
the record available for inspection by the department of licensing 13
and regulatory affairs and the department of agriculture and rural 14
development. 15
(c) Subject to subdivision (d), certifies that an employee of 16
the animal control shelter or animal protection shelter has 17
received, and can document completion of, a minimum of 16 hours of 18
training, including at least 12 hours of content training and at 19
least 4 hours of practical training, in the use of a commercially 20
prepared, premixed solution of sodium pentobarbital and an animal 21
tranquilizer to perform euthanasia on animals from a training 22
program approved by the state veterinarian, in consultation with 23
the Michigan board of veterinary medicine, and given by a licensed 24
veterinarian pursuant to rules promulgated by the administrator. 25
The training described in this subdivision must comply with the 26
American Veterinary Medical Association's guidelines for the 27
euthanasia of animals. 28
(d) Until December 31, 2021, ensures that an employee of the 29
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animal control shelter or animal protection shelter who received, 1
and can document the completion of, the training required 2
immediately before May 22, 2018 only administers a commercially 3
prepared solution of xylazine hydrochloride or a commercially 4
prepared, premixed solution of sodium pentobarbital to perform 5
euthanasia on the animals described in this subsection in 6
accordance with his or her the employee's training. Beginning 7
January 1, 2022, the employee described in this subdivision must 8
have received, and be able to document the completion of, the 9
training described in subdivision (c) to administer a commercially 10
prepared, premixed solution of sodium pentobarbital or an animal 11
tranquilizer to perform euthanasia on the animals described in this 12
subsection. 13
(e) Certifies that only an individual described in subdivision 14
(c) or (d) or an individual otherwise permitted to use a controlled 15
substance pursuant to this article will administer a commercially 16
prepared, premixed solution of sodium pentobarbital or an animal 17
tranquilizer according to written procedures established by the 18
animal control shelter or animal protection shelter. 19
(f) Beginning January 1, 2022, certifies that the individual 20
in charge of the day-to-day operations of the animal control 21
shelter or animal protection shelter has received, and can document 22
the completion of, the training described in subdivision (c). 23
(g) Complies with all state and federal laws and regulations 24
regarding the acquisition, use, and security of controlled 25
substances. 26
(11) The application described in subsection (9) or (10) must 27
include the names and addresses of all individuals employed by the 28
animal control shelter or animal protection shelter or class B 29
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dealer who have been trained as described in subsection (9)(c), 1
(d), and (f) or (10)(c), (d), and (f) and the name of the 2
veterinarian who trained them. The list of names and addresses must 3
be updated every 6 months. 4
(12) If an animal control shelter or animal protection shelter 5
or class B dealer issued a permit pursuant to subsection (9) or 6
(10) does not have in its employ an individual trained as described 7
in subsection (9)(c) or (d) and (9)(f), or (10)(c) or (d) and 8
(10)(f), the animal control shelter or animal protection shelter or 9
class B dealer shall immediately notify the administrator and shall 10
cease to administer a commercially prepared, premixed solution of 11
sodium pentobarbital or an animal tranquilizer for the purposes 12
described in subsection (9) or (10) until the administrator is 13
notified that 1 of the following has occurred: 14
(a) An individual trained as described in subsection (9)(c), 15
(d), or (f) or (10)(c), (d), or (f) has been hired by the animal 16
control shelter or animal protection shelter or class B dealer. 17
(b) An individual employed by the animal control shelter or 18
animal protection shelter or class B dealer has been trained as 19
described in subsection (9)(c) or (f) or (10)(c) or (f). 20
(13) A veterinarian, including a veterinarian who trains 21
individuals as described in subsection (9)(c), (d), or (f), or 22
(10)(c), (d), or (f), is not civilly or criminally liable for the 23
use of a commercially prepared, premixed solution of sodium 24
pentobarbital or an animal tranquilizer by an animal control 25
shelter or animal protection shelter or a class B dealer, unless 26
the veterinarian is employed by or under contract with the animal 27
control shelter or animal protection shelter or class B dealer and 28
the terms of the veterinarian's employment or the contract require 29
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the veterinarian to be responsible for the use or administration of 1
the commercially prepared, premixed solution of sodium 2
pentobarbital or animal tranquilizer. 3
(14) A person shall not knowingly use or permit the use of a 4
commercially prepared, premixed solution of sodium pentobarbital or 5
an animal tranquilizer in violation of this section. 6
(15) This section does not require that a veterinarian be 7
employed by or under contract with an animal control shelter, or 8
animal protection shelter, or class B dealer, to obtain, possess, 9
or administer a commercially prepared, premixed solution of sodium 10
pentobarbital or an animal tranquilizer pursuant to this section. 11
(16) Notwithstanding subsections (1) to (6), an animal control 12
shelter registered licensed with the department of agriculture and 13
rural development pursuant to 1969 PA 287, MCL 287.331 to 287.340, 14
may acquire a limited permit only for the purpose of buying, 15
possessing, and administering an animal tranquilizer to sedate or 16
immobilize an animal running at large that is dangerous or 17
difficult to capture, if the animal control shelter does all of the 18
following: 19
(a) Applies to the administrator for a permit in accordance 20
with the rules promulgated under this part. The application must 21
contain the name of the individual in charge of the day-to-day 22
operations of the animal control shelter and the name of the 23
individual responsible for designating employees who will be 24
administering an animal tranquilizer pursuant to this act. 25
(b) Complies with the rules promulgated by the administrator 26
for the storage, handling, and use of an animal tranquilizer. The 27
animal control shelter shall maintain a record of use and shall 28
make the record available for inspection by the department of 29
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licensing and regulatory affairs and the department of agriculture 1
and rural development. 2
(c) Subject to subdivision (d), certifies that an employee of 3
the animal control shelter has received, and can document 4
completion of, both of the following in the following order: 5
(i) The training described in subsection (10)(c). 6
(ii) A minimum of 16 hours of training, including at least 12 7
hours of content training and at least 4 hours of practical 8
training, in the use of animal tranquilizers to sedate or 9
immobilize the animals described in this subsection from a training 10
program approved by the state veterinarian, in consultation with 11
the Michigan board of veterinary medicine, and given by a licensed 12
veterinarian pursuant to rules promulgated by the administrator. 13
(d) Until December 31, 2021, ensures that an employee of the 14
animal control shelter who received, and can document the 15
completion of, the training required immediately before May 22, 16
2018 only administers a commercially prepared solution of xylazine 17
hydrochloride to sedate or immobilize the animals described in this 18
subsection. Beginning January 1, 2022, the employee described in 19
this subdivision must have received, and be able to document the 20
completion of, the training described in subdivision (c) to 21
administer an animal tranquilizer to perform euthanasia on the 22
animals described in this subsection. 23
(e) Certifies that only an individual described in subdivision 24
(c) or (d) or an individual otherwise permitted to use a controlled 25
substance pursuant to this article will administer an animal 26
tranquilizer according to written procedures established by the 27
animal control shelter. 28
(f) Beginning January 1, 2022, certifies that the individual 29
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in charge of the day-to-day operations of the animal control 1
shelter has received, and can document the completion of, the 2
training described in subdivision (c). 3
(g) Complies with all state and federal laws, rules, and 4
regulations regarding the acquisition, use, and security of 5
controlled substances. 6
(17) The application described in subsection (16) must include 7
the names and business addresses of all individuals employed by the 8
animal control shelter who have been trained as described in 9
subsection (16)(c), (d), and (f) and must include documented proof 10
of the training. The list of names and business addresses must be 11
updated every 6 months. 12
(18) If an animal control shelter issued a permit pursuant to 13
subsection (16) does not have in its employ an individual trained 14
as described in subsection (16)(c) or (d) and (16)(f), the animal 15
control shelter shall immediately notify the administrator and 16
shall cease to administer an animal tranquilizer for the purposes 17
described in subsection (16) until the administrator is notified 18
that 1 of the following has occurred: 19
(a) An individual trained as described in subsection (16)(c), 20
(d), or (f) has been hired by the animal control shelter. 21
(b) An individual employed by the animal control shelter has 22
been trained as described in subsection (16)(c) or (f). 23
(19) A veterinarian, including a veterinarian who trains 24
individuals as described in subsection (16)(c), (d), or (f), is not 25
civilly or criminally liable for the use of an animal tranquilizer 26
by an animal control shelter unless the veterinarian is employed by 27
or under contract with the animal control shelter and the terms of 28
the veterinarian's employment or the contract require the 29
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EMR H02817'25 e_HB6172_INTR_1 xthfqs
veterinarian to be responsible for the use or administration of an 1
animal tranquilizer. 2
(20) As used in this section: 3
(a) "Animal tranquilizer" means a commercially prepared 4
solution of xylazine hydrochloride, a commercially prepared 5
solution of ketamine, or a commercially prepared compound 6
containing tiletamine and zolazepam. 7
(b) "Class B dealer" means a class B dealer licensed by the 8
United States Department of Agriculture pursuant to the animal 9
welfare act, 7 USC 2131 to 2160 and the department of agriculture 10
and rural development pursuant to 1969 PA 224, MCL 287.381 to 11
287.395. 12
Enacting section 1. This amendatory act does not take effect 13
unless Senate Bill No. ____ (request no. S02817'25) or House Bill 14
No. 6167 (request no. H02817'25) of the 103rd Legislature is 15
enacted into law. 16