February 14, 2012, Introduced by Rep. Opsommer and referred to the Committee on Judiciary.


     A bill to amend 1978 PA 368, entitled


"Public health code,"


by amending section 7340a (MCL 333.7340a), as added by 2011 PA 84.




     Sec. 7340a. (1) Beginning January 1, 2012, a retailer shall,


before completing a sale under section 17766f, electronically


submit the required information to the national precursor log


exchange (NPLEx) administered by the national association of drug


diversion investigators (NADDI). A retailer shall not be required


to pay a fee for using the NPLEx system.


     (2) Beginning October 1, 2012, NADDI shall pay 5 cents for


each transaction submitted to NPLEx under this section. NADDI shall


forward the total of the funds collected under this section on a


monthly basis to the state treasurer in the manner determined by


the state treasurer. The state treasurer shall deposit the funds


collected under this section into the domestic reimbursement


utilization grant fund for use as provided in the domestic


reimbursement utilization grant fund act.


     (3) (2) 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.


     (4) (3) NADDI shall provide real-time access to NPLEx


information through the NPLEx online portal to law enforcement in


this state as authorized by state and federal law.


     (5) (4) The system described in subsection (1) 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 section 17766f. 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.


     (6) (5) A person's failure to comply with the record-keeping


or sales verification requirements of this section does not create


a civil cause of action for damages to any other person arising out


of that failure absent a direct and proximate cause, and the person


is immune from civil liability for any damages arising out of that




     (7) (6) A person who violates this section is guilty of a


misdemeanor punishable by a fine of not more than $500.00.


     Enacting section 1. This amendatory act takes effect October


1, 2012.


     Enacting section 2. This amendatory act does not take effect


unless all of the following bills of the 96th Legislature are


enacted into law:


     (a) Senate Bill No. ____ or House Bill No. 5394(request no.




     (b) Senate Bill No. ____ or House Bill No. 5395(request no.


03794'11 a).