SENATE BILL No. 1479

 

 

September 7, 2010, Introduced by Senator BIRKHOLZ and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 7340a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7340a. (1) A retailer shall not sell to a person products

 

containing a total of more than 3.6 grams of ephedrine or

 

pseudoephedrine, a salt of ephedrine or pseudoephedrine, or an

 

isomer of ephedrine or pseudoephedrine within a 30-day period or

 

more than 9 grams of products containing ephedrine or

 

pseudoephedrine, a salt of ephedrine or pseudoephedrine, or an

 

isomer of ephedrine or pseudoephedrine within a 30-day period.

 

     (2) A person shall not purchase from a retailer products

 

containing a total of more than 3.6 grams of ephedrine or


 

pseudoephedrine, a salt of ephedrine or pseudoephedrine, or an

 

isomer of ephedrine or pseudoephedrine within a 30-day period or

 

containing a total of more than 9 grams of ephedrine or

 

pseudoephedrine, a salt of ephedrine or pseudoephedrine, or an

 

isomer of ephedrine or pseudoephedrine within a 30-day period.

 

     (3) The limits described in subsections (1) and (2) apply to

 

the total amount of base ephedrine and pseudoephedrine contained in

 

the products, and not the overall weight of the products.

 

     (4) A retailer shall require any person purchasing a

 

nonprescription product that contains ephedrine or pseudoephedrine

 

to present valid government-issued photo identification at the

 

point of sale. The retailer shall record the name, address, and

 

date of birth of the purchaser; name and quantity of product

 

purchased; date and time purchased; and purchaser identification

 

type and number, such as driver license state and number, and shall

 

require the purchaser's signature in a logbook.

 

     (5) Beginning January 1, 2011, a retailer shall, before

 

completing a sale under this section, electronically submit the

 

required information to the national precursor log exchange (NPLEx)

 

administered by the national association of drug diversion

 

investigators (NADDI). Absent negligence, wantonness, recklessness,

 

or deliberate misconduct, any retailer utilizing the electronic

 

sales tracking system in accordance with this subsection is not

 

civilly liable as a result of any act or omission in carrying out

 

the duties required by this subsection and is immune from liability

 

to any third party unless the retailer has violated any provision

 

of this subsection in relation to a claim brought for that


 

violation.

 

     (6) If a retailer selling a nonprescription product containing

 

ephedrine or pseudoephedrine experiences mechanical or electronic

 

failure of the electronic sales tracking system and is unable to

 

comply with the electronic sales tracking requirement, the retailer

 

shall maintain a written log or an alternative electronic record-

 

keeping mechanism until such time as the retailer is able to comply

 

with the electronic sales tracking requirement.

 

     (7) NADDI shall forward state transaction records in NPLEx to

 

the department of state police weekly and shall provide real-time

 

access to NPLEx information through the NPLEx online portal to law

 

enforcement in this state as authorized by the agency.

 

     (8) The system described in subsection (5) shall be capable of

 

generating a stop sale alert notifying the retailer that completion

 

of the sale will result in the seller's or purchaser's violating

 

the quantity limits set forth in this section. The seller shall not

 

complete the sale if the system generates a stop sale alert. The

 

system shall contain an override function that may be used by a

 

dispenser of ephedrine or pseudoephedrine who has a reasonable fear

 

of imminent bodily harm if the dispenser does not complete a sale.

 

Each instance in which the override function is utilized shall be

 

logged by the system.

 

     (9) A violation of this section is a misdemeanor punishable by

 

a fine of not more than $500.00. If a product is dispensed in

 

violation of subsection (1), the owner or operator of the wholesale

 

or retail establishment dispensing the product is in violation of

 

subsection (1).


 

     (10) This section does not apply to a person who obtains the

 

product pursuant to a valid prescription.