SB-0333, As Passed House, June 29, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 333

     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) 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) 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.

     (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.

     (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.

     (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.

     (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 does not take effect

unless House Bill No. 4749 of the 96th Legislature is enacted into

law.