SENATE BILL No. 333

 

 

April 14, 2011, Introduced by Senators PROOS, SCHUITMAKER, BOOHER, PAPPAGEORGE, CASWELL, MARLEAU, JONES, BRANDENBURG, MEEKHOF, NOFS, KOWALL, CASPERSON, COLBECK, HILDENBRAND, WALKER and EMMONS 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 7340b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

before completing a sale under section 7340a, 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.

 

     (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 7340a. 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 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 Senate Bill No.____ or House Bill No.____ (request no.

 


00363'11 *) of the 96th Legislature is enacted into law.