HOUSE BILL No. 5396

 

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.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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

 

failure.

 

     (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.

 

03794'11).

 

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

 

03794'11 a).