February 1, 2012, Introduced by Reps. McBroom, Tyler, Haines, Huuki, Goike, Hughes, Jacobsen, Lori, Lindberg and Byrum and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2251, 7201, 7202, 7203, and 7204 (MCL
333.2251, 333.7201, 333.7202, 333.7203, and 333.7204), section 7204
as amended by 1994 PA 38.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2251. (1) Upon a determination that an imminent danger to
the health or lives of individuals exists in this state, the
director immediately shall inform the individuals affected by the
imminent
danger and issue an order which that
shall be delivered to
a
person , authorized
to avoid, correct, or remove the imminent
danger or be posted at or near the imminent danger. The order shall
incorporate the director's findings and require immediate action
necessary to avoid, correct, or remove the imminent danger. The
order may specify action to be taken or prohibit the presence of
individuals in locations or under conditions where the imminent
danger exists, except individuals whose presence is necessary to
avoid, correct, or remove the imminent danger.
(2) Upon failure of a person to comply promptly with a
department order issued under this section, the department may
petition the circuit court having jurisdiction to restrain a
condition or practice which the director determines causes the
imminent danger or to require action to avoid, correct, or remove
the imminent danger.
(3) If the director determines that conditions anywhere in
this state constitute a menace to the public health, the director
may take full charge of the administration of applicable state and
local
health laws, rules, regulations, and ordinances applicable
thereto.
in addressing that menace.
(4) If the director determines that an imminent danger to the
health or lives of individuals in this state can be prevented or
controlled by temporarily scheduling a substance as a controlled
substance under sections 7202 and 7203, the director shall notify
the administrator of his or her determination in writing. The
notification shall include a description of the substance to be
controlled and the grounds for his or her determination. The
director may provide copies of police, hospital, and laboratory
reports and other information to the administrator as considered
appropriate by the director.
(5) (4)
As used in this section:
(a) "Administrator" means that term as defined in section
7103.
(b) (a)
"Imminent danger" means a
condition or practice exists
which
that could reasonably be expected to cause death,
disease, or
serious physical harm immediately or before the imminence of the
danger can be eliminated through enforcement procedures otherwise
provided.
(c) (b)
"Person" means a person
as defined in section 1106 or
a governmental entity.
Sec. 7201. The administrator shall administer this article and
may add substances to, or delete or reschedule all substances
enumerated in the schedules in sections 7212, 7214, 7216, 7218, and
7220
pursuant to the procedures of in
compliance with the
administrative procedures act of 1969 or as otherwise provided in
sections 7202 and 7203.
Sec. 7202. In making a determination regarding a substance,
the administrator shall consider all of the following:
(a) The actual or relative potential for abuse.
(b) The scientific evidence of its pharmacological effect, if
known.
(c) The state of current scientific knowledge regarding the
substance.
(d) The history and current pattern of abuse.
(e) The scope, duration, and significance of abuse.
(f) The risk to the public health.
(g) The potential of the substance to produce psychic or
physiological dependence liability.
(h) Whether the substance is an immediate precursor of a
substance already controlled under this article.
(i) For purposes of section 7203(2) through (5) only, whether
the administrator has been notified that the substance constitutes
an imminent danger as defined in section 2251.
Sec. 7203. (1) After considering the factors enumerated in
section
7202, 7202(a) through (h),
the administrator shall make
findings
with respect thereto to
those factors and promulgate a
rule controlling the substance if the administrator finds the
substance has a potential for abuse.
(2) If the administrator is notified in writing by the
director of the department of community health under section 2251
that a substance constitutes an imminent danger as defined in that
section, the administrator may proceed under this section to
determine whether the substance should be temporarily scheduled or
rescheduled as a controlled substance under this article. If the
administrator decides to proceed under this section, the
administrator shall conduct not fewer than 1 public hearing on the
matter. The administrator shall provide not less than 10 days'
notice of the hearing. The notice shall at minimum specify the
purpose of the hearing, shall state that the hearing is open to the
public, and shall specify the time and place of the hearing. The
administrator shall transmit the notice to the department of
licensing and regulatory affairs for placement in the Michigan
register. The notice is effective when the text of the notice
becomes available to the public on the internet as provided in
section 203 of the legislative council act, 1986 PA 268, MCL
4.1203. For purposes of this subsection only, a quorum for the
meeting and business conducted under this subsection and subsection
(3) shall consist of a majority of the professional members of the
board of pharmacy. Any member of the board of pharmacy may attend
the hearing by 2-way teleconferencing. Except as otherwise provided
in this subsection, the administrative procedures act of 1969 and
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, do not
apply to procedures under this subsection.
(3) The administrator may temporarily schedule or reschedule
the substance as a controlled substance under this article for a
period not to exceed 180 days. The administrator may extend the
temporary scheduling of the substance as a controlled substance
under this subsection for an additional period not to exceed 180
days. The public notice requirements of subsection (2), the
administrative procedures act of 1969, and the open meetings act,
1976 PA 267, MCL 15.261 to 15.275, do not apply to an extension
under this subsection.
(4) If the administrator determines under subsection (3) that
a substance should be temporarily scheduled or rescheduled under
this article, the administrator shall order the substance to be
scheduled or rescheduled on a temporary basis by written order of
the administrator. The administrator shall transmit the order to
the department of licensing and regulatory affairs for placement in
the Michigan register. The order is effective when the text of the
order becomes available to the public on the internet as provided
in section 203 of the legislative council act, 1986 PA 268, MCL
4.1203. The order shall expire as follows:
(a) Except as provided in subdivisions (b) and (c), on the
date specified in the order.
(b) Upon the expiration of 180 days after the order is signed
by the administrator.
(c) When the substance specified in the order is otherwise
scheduled or rescheduled under this article or designated as a
drug, including a controlled substance, as otherwise provided by
law.
(5) An extension of an order under subsections (3) and (4)
becomes effective in the same manner and subject to the same
conditions as an original order issued under subsections (3) and
(4), except that the requirements for a public hearing do not
apply.
(6) (2)
If the administrator designates a
substance as an
immediate
precursor, a substance which that
is a precursor of the
controlled precursor is not subject to control solely because it is
a precursor of the controlled precursor.
Sec. 7204. If a substance is designated, rescheduled, or
deleted as a controlled substance under federal law and notice of
that designation, rescheduling, or deletion is given to the
administrator, the substance shall be similarly scheduled under
section
7201 unless the administrator shall
hold holds a board
meeting within the expiration of 91 days after notice is received
to determine whether the substance should be similarly controlled
pursuant
to under section 7201. If the administrator decides not to
similarly control the substance, the administrator shall, within 91
days after that decision is made, publish the reasons for that
determination.