Michigan Compiled Laws
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.

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

Structure Michigan Compiled Laws

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.

Section 333.17702 - Definitions; a to C.

Section 333.17703 - Definitions; D, E.

Section 333.17704 - Definitions; F to I.

Section 333.17705 - Definitions; L.

Section 333.17706 - Definitions; M, O.

Section 333.17707 - Definitions; P.

Section 333.17708 - Definitions; P to R.

Section 333.17708.amended - Definitions; P to R; Limitation on Prescription of Pharmacological Agents.

Section 333.17709 - Definitions; S to W.

Section 333.17711 - Practice of Pharmacy or Pharmacy Technician; License or Authorization Required; Use of Words, Titles, or Letters.

Section 333.17713 - Temporary Regulations of Pharmacists and Prescriptions During Qualified Order or Declaration; Definitions.

Section 333.17721 - Michigan Board of Pharmacy; Creation; Membership; Terms.

Section 333.17722 - Michigan Board of Pharmacy; Duties Generally.

Section 333.17723 - Pilot Project to Maintain or Improve Patient Care in Delivery of Pharmacy Services and Improving Patient Outcomes.

Section 333.17726 - Certificate of Licensure; Issuance.

Section 333.17731 - Renewal of Pharmacist or Pharmacy Technician License; Continuing Education; Rules.

Section 333.17733 - Relicensure of Pharmacist; Requirements.

Section 333.17737 - Rules Establishing Standards for Internship Program; Limited License Required.

Section 333.17739 - Pharmacy Technician; Functions; Licensure.

Section 333.17739a - Pharmacy Technician; Licensure; Requirements; Exemption From Certain Requirements.

Section 333.17739b - Pharmacy Technician; Temporary License.

Section 333.17739c - Pharmacy Technician; Limited License.

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.

Section 333.17742 - Disclosure; "Applicant" Defined.

Section 333.17742a - Remote Pharmacy; Operation; Licensure Requirements; Location Waiver; Exception.

Section 333.17742b - Staffing of Remote Pharmacy; Requirements; Written Policy and Procedure Manual; Public Notice Display; Operation Requirements and Limitations; "Qualified Pharmacy Technician" Defined.

Section 333.17743 - Pharmacy License; Contents; Duration.

Section 333.17744 - Designation of Agent by Prescriber; Issuance of Prescription; Limitation; Transmission of Prescription to Pharmacy.

Section 333.17744a - Auto-Injectable Epinephrine; Prescribing or Issuing to Authorizing Entity.

Section 333.17744b - Prescribing, Possessing, or Dispensing Opioid Antagonist; Liability.

Section 333.17744c - Person Administering Opioid Antagonist Under Certain Conditions; Immunity From Criminal Prosecution or Sanction.

Section 333.17744d - Auto-Injectable Epinephrine; Storage, Maintenance, General Oversight, and Use by Designated Employee or Agent; Training Program; Certificate; Liability; Report; Administration by Person Other Than Employee, Agent, or Individual D...

Section 333.17744e - Dispensing Opioid Antagonist to Individual Pursuant to Standing Order Issued by Chief Medical Executive; "Community-Based Organization" Defined.

Section 333.17744f - Dispensing Emergency Supply of Insulin; Requirements; Limitation; Liability; Rules; Definitions.

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 Wi...

Section 333.17745a - Definitions; Public Health Program Without On-Site Pharmacy; Individuals Delegated Authority to Dispense Prescriptions; Delegating Delivery of Certain Oral Contraceptives; Circumstances; Delegating Delivery of Methadone.

Section 333.17745b - Industrial Clinic or Prescriber Practice Without On-Site Pharmacy; Dispensing Prescription Drug.

Section 333.17746 - Hospice Emergency Care Services in Patients' Homes; Medication Box Exchange Program.

Section 333.17747 - Drug Control License; Contents; Duration; Renewal; Conditions; License as Automatically Void.

Section 333.17748 - Pharmacy, Manufacturer, Wholesale Distributor; or Wholesale Distributor-Broker, License Required; Compounding Services; Renewal; Designation of Pharmacist in Charge; Joint Responsibility; Exemption; Report of Change in Ownership,...

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 St...

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;...

Section 333.17748c - Compounding Pharmaceutical; Commercial Availability.

Section 333.17748d - Violation of MCL 333.17748a or 17748b; Penality.

Section 333.17748e - Out-of-State Pharmacy; Facilitation of Delivery or Trade; Use of Wholesale Distributor-Broker; Requirements; Liability; License Requirements; Transaction Records; Notification; Investigation; Definitions.

Section 333.17748f - Licensure of a Pharmacy as a Wholesale Distributor or Manufacturer; Requirements.

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.

Section 333.17750 - Person Who Distributes Complimentary Starter Doses to Prescribers; Records; Access by Board; “Complimentary Starter Dose” Defined.

Section 333.17750a - Dispensing of Prescription for Therapeutic Pharmaceutical Agent by Pharmacist.

Section 333.17751 - Dispensing Prescription Drug or Device Requiring Prescription; Requirements; Exception.

Section 333.17751.amended - Dispensing Prescription Drug or Device Requiring Prescription; Requirements; Exceptions.

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 and Remote Pharmacies; "Equivalent Record" Defined.

Section 333.17753 - Centralized Prescription Processing; Conditions for Performing or Contracting; Maintenance of Policy and Procedures Manual; Definition.

Section 333.17754 - Electronic Transmission of Prescription; Conditions; Information; Confidentiality; Professional Judgment as to Accuracy, Validity, and Authenticity; Original Prescription; Inapplicable After October 1, 2021.

Section 333.17754a - Electronic Transmission of Prescription; Conditions; Information; Confidentiality; Professional Judgment as to Accuracy, Validity, and Authenticity; Exceptions; Waiver; Rules; Delayed Implementation.

Section 333.17755 - Dispensing Lower Cost Generically Equivalent Drug Product or Interchangeable Biological Drug Product; Notice; Contents of Prescription Label; Limitation; Restrictions; Limitation on Total Charge; Communication to Be Provided Presc...

Section 333.17756 - Label on Prescription; Contents.

Section 333.17757 - Price Information; Prohibited Conduct; Notice; Receipt Evidencing Transactions; Omission; Retention of Copy of Receipt; Rules.

Section 333.17757a - Providing Selling Price of Drugs Dispensed Upon Request; Notice to Consumers About Prescription Drugs; Contents; Form; Display; Copies.

Section 333.17757b - Contracts With Pharmacy Benefit Managers; Prohibited Terms.

Section 333.17758 - Repealed. 1986, Act 304, Eff. Mar. 31, 1987.

Section 333.17759 - Dispensing Harmful Drug; Requirements.

Section 333.17760 - Operation of Automated Device Not Located at Same Address as Pharmacy; Control and Supervision by Pharmacist; Delegation of Tasks.

Section 333.17761 - Display of Notice; Dispensing Prescription in Safety Closure Container.

Section 333.17762 - Misbranded Prescription.

Section 333.17763 - Grounds for Fine, Reprimand, or Probation; Grounds for Denying, Limiting, Suspending, or Revoking License.

Section 333.17764 - Conduct Constituting Misdemeanor; Violation; Penalty; Other Violations.

Section 333.17765 - Adulteration or Misbranding; Guaranty or Undertaking as Protection Against Penalties for Violation; Exception; Notice to Seller, Manufacturer, or Wholesale Distributor.

Section 333.17766 - Additional Conduct Constituting Misdemeanor.

Section 333.17766a - Repealed. 2001, Act 236, Imd. Eff. Jan. 3, 2002.

Section 333.17766b - Repealed. 2001, Act 231, Eff. Jan. 6, 2003.

Section 333.17766c - Purchase or Possession of Ephedrine or Pseudoephedrine or Mixture Prohibited; Violation; Penalty; Exceptions.

Section 333.17766d - Pharmacy Operated by Department of Corrections or Under Contract With County Jail; Resale or Redistribution of Prescription Drug; Definitions.

Section 333.17766e - Sale of Ephedrine or Pseudoephedrine; Requirements of Retail Distributor; Exceptions; Violation; Fine; Report.

Section 333.17766f - Possession of Products Containing Ephedrine or Pseudoephedrine; Prohibited Conduct; Exceptions; Violation; Penalty; Affirmative Defense; Rebuttal; Conflict of Local Requirements With Section.

Section 333.17766g - Sale, Trade, or Purchase of Dextromethorphan to Minor; Prohibition; Exception for Valid Prescription; Preemption; Violation; Civil Infraction and Fine.

Section 333.17767 - Rules and Determinations as to Licensing.

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).

Section 333.17770 - Exceptions.

Section 333.17775 - "Program for Utilization of Unused Prescription Drugs"; Definitions; Unused Prescription Drug Repository and Distribution Program; Rules; Standards and Procedures.

Section 333.17776 - Destruction and Disposal of Certain Drugs and Medications.

Section 333.17780 - Cancer Drug Repository Program.