Michigan Compiled Laws
368-1978-15-177 - Part 177 Pharmacy Practice and Drug Control (333.17701...333.17780)
Section 333.17765 - Adulteration or Misbranding; Guaranty or Undertaking as Protection Against Penalties for Violation; Exception; Notice to Seller, Manufacturer, or Wholesale Distributor.

Sec. 17765.
A person is not subject to penalties for a violation of this part dealing with adulteration or misbranding, if the person establishes that a guaranty or undertaking was made in accordance with the federal act, or that a guaranty was signed by and contains the name and address of the person residing in this state from whom the former person received in good faith the drug or device, to the effect that the drug or device is not adulterated or misbranded within the meaning of this part. The guaranty does not protect the seller if the product is adulterated or misbranded under this part and the board has previously given written notice to the seller of that fact. The board shall not serve notice on the seller until the board has notified the manufacturer or wholesale distributor of the findings of the state analyst with reference to the product. The notice to the manufacturer or wholesale distributor shall be written and shall be mailed at least 10 days before a notice is given to a seller under this section.
History: 1978, Act 368, Eff. Sept. 30, 1978 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.