333.7405 Prohibited conduct; violation; penalties.

421 words·~2 min read·/mi/chapter-333/333-7405

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Sec. 7405.

(1)A person shall not do any of the following:

(a)If the person is licensed by the administrator under this article, distribute, prescribe, or dispense a controlled substance in violation of section 7333.

(b)If the person is a licensee, manufacture a controlled substance not authorized by his or her license or distribute, prescribe, or dispense a controlled substance not authorized by his or her license to another licensee or other authorized person, except as authorized by rules promulgated by the administrator.

(c)Refuse an entry into any premises for an inspection authorized by this article.

(d)Knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances in violation of this article.

(e)If the person is a practitioner, dispense a controlled substance under a prescription written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a physician prescriber, dentist prescriber, or veterinarian prescriber licensed to practice in another state, unless the prescription is issued by a physician prescriber, dentist prescriber, or veterinarian prescriber who is authorized under the laws of that state to practice dentistry, medicine, osteopathic medicine and surgery, or veterinary medicine and to prescribe controlled substances.

(2)A person who violates subsection

(1)is subject to the penalties prescribed in section 7406.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 30, Eff. Aug. 26, 1988 ;-- Am. 1997, Act 153 , Eff. Mar. 31, 1998 ;-- Am. 2004, Act 536 , Imd. Eff. Jan. 3, 2005 ;-- Am. 2006, Act 672 , Imd. Eff. Jan. 10, 2007 ;-- Am. 2009, Act 150 , Imd. Eff. Nov. 19, 2009 ;-- Am. 2011, Act 155 , Imd. Eff. Sept. 27, 2011 ;-- Am. 2012, Act 209 , Imd. Eff. June 27, 2012 ;-- Am. 2016, Act 49 , Eff. June 13, 2016

Compiler's Notes: Enacting section 1 of Act 49 of 2016 provides:"Enacting section 1. Section 16349 of the public health code, 1978 PA 368, MCL 333.16349, as amended by this amendatory act, applies to licensing fees required to be paid after December 31, 2018."

Popular Name: Act 368

Admin Rule: R 338.493a et seq. and R 338.3101 et seq. of the Michigan Administrative Code.