Bill Text: MI HB5396 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Controlled substances; other; national precursor log exchange (NPLEX) to pay fee into state fund to be used for cleaning up certain illegal drug manufacturing sites; require under certain circumstances. Amends sec. 7340a of 1978 PA 368 (MCL 333.7340a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-15 - Printed Bill Filed 02/15/2012 [HB5396 Detail]
Download: Michigan-2011-HB5396-Introduced.html
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).
