Bill Text: MS HB1110 | 2010 | Regular Session | Introduced
Bill Title: Pseudoephedrine; provide statewide tracking.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1110 Detail]
Download: Mississippi-2010-HB1110-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Bailey
House Bill 1110
AN ACT TO AMEND SECTION 41-29-315, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A TRACKING SYSTEM TO TRACK SALES OF PSEUDOEPHEDRINE AND EPHEDRINE; TO REQUIRE CERTAIN INFORMATION TO BE RECORDED REGARDING SUCH SALES; TO PROVIDE ACCESS TO THE TRACKING SYSTEM FOR LAW ENFORCEMENT; TO AUTHORIZE THE ATTORNEY GENERAL TO PROMULGATE RULES AND REGULATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-315, Mississippi Code of 1972, is amended as follows:
41-29-315. (1) For the purposes of this section, the following words and phrases shall have the meanings attributed to them unless the context clearly requires otherwise:
(a) "Pseudoephedrine" means pseudoephedrine, its salts or optical isomers, or salts of optical isomers.
(b) "Ephedrine" means ephedrine, its salts or optical isomers, or salts of optical isomers.
(c) "Tablet" means a solid dosage form of varying weight, size and shape that may be molded or compressed and that contains a medicinal substance in pure or diluted form; the term also includes "caplet" but does not include "capsule."
(d) "Capsule" means a dosage form in which a medicinal substance is enclosed by either a hard or soft soluble outer shell.
(2) (a) A retail establishment or individual shall not transfer, sell, deliver, distribute, dispense or provide to a consumer in a single day more than three and six-tenths (3.6) grams of pseudoephedrine base or ephedrine base.
(b) No person shall purchase, receive, or otherwise acquire in a single day more than three and six-tenths (3.6) grams of pseudoephedrine base or ephedrine base.
(c) No person shall purchase, receive, or otherwise acquire more than nine (9) grams of any compound, mixture or preparation containing pseudoephedrine base or ephedrine base within any thirty-day period; this quantity limitation shall not apply to any quantity of compound, mixture or preparation containing pseudoephedrine or ephedrine dispensed pursuant to a valid prescription.
(d) (i) All packages of tablets containing pseudoephedrine or ephedrine shall be stored by retail establishments by placing the product behind a counter where the public does not have direct access.
(ii) The retailer shall deliver the product directly into the custody of the purchaser.
(iii) Each pharmacy or retail establishment selling an over-the-counter product containing pseudoephedrine or ephedrine shall require the purchaser of the product to sign a record of the transaction. A record of each transaction shall include the name and address of the purchaser, the date and time of the sale, the name and initials of the pharmacist, pharmacy technician or employee conducting the transaction, the name of the product being sold, as well as the total quantity in grams of ephedrine or pseudoephedrine being sold.
1. Beginning six (6) months after the Office of the Attorney General enters into a public-private partnership or otherwise makes available the electronic sales tracking system established under item 6 of this subparagraph, a retailer shall, before completing a sale under this section, electronically submit the required information to such electronic sales tracking system. The seller shall not complete the sale if the system generates a stop sale alert. Absent negligence, wantonness, recklessness or deliberate misconduct, any retailer utilizing the electronic sales tracking system in accordance with this subparagraph shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subparagraph and shall be immune from liability to any third party unless the retailer has violated any provision of this subparagraph in relation to a claim brought for such violation.
2. If a pharmacy or retail establishment selling an over-the-counter product containing pseudoephedrine or ephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement, the pharmacy or retail establishment shall maintain a written log or an alternative electronic recordkeeping mechanism until such time as the pharmacy or retail establishment is able to comply with the electronic sales tracking requirement.
3. A pharmacy or retail establishment selling an over-the-counter product containing pseudoephedrine or ephedrine may seek an exemption from submitting transactions to the electronic sales tracking system in writing to the Office of the Attorney General stating the reasons therefore. The Attorney General may grant an exemption for good cause shown, but in no event shall such exemption exceed one hundred eighty (180) days. Any pharmacy or retail establishment that receives an exemption shall maintain a hardcopy logbook and must still require the purchaser to provide the information required under this section before completion of any sale. The logbook shall be maintained as a record of each sale for inspection by any law enforcement officer or inspector of the Board of Pharmacy during normal business hours.
4. This subsection does not apply to products dispensed pursuant to a legitimate prescription.
5. This subparagraph shall preempt all local ordinances or regulations governing the sale or purchase of products containing ephedrine or pseudoephedrine.
6. The Office of the Attorney General shall implement a real time electronic sales tracking system to monitor the over-the-counter, nonprescription sale of products in this state containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, provided that such a system is available to the state without cost to the state or retailers for developing or accessing the system. The Office of the Attorney General shall enter into a public-private partnership, through a memorandum of understanding or similar arrangement, to make the system available to retailers and law enforcement in the state.
7. The information contained in this electronic sales tracking system shall be available to any law enforcement agency or entity as authorized by the Office of the Attorney General; or pursuant to a subpoena issued by a grand jury or court.
8. This system shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits set forth in this section. The system shall contain an override function for use by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm. Each instance in which the override function is utilized shall be logged by the system.
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9. The logbook must include, in accordance with criteria of the Attorney General, a notice to purchasers that entering false statements or misrepresentations in the logbook may subject purchasers to criminal penalties under 18 USC 1001, which notice specifies the maximum fine and term of imprisonment under such section.
10. The seller shall maintain each entry in the logbook for not fewer than two (2) years after the date on which the entry is made.
11. Individuals who are responsible for delivering such products into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products shall undergo training provided by the seller to ensure that the individuals understand the requirements as established by the Attorney General; certification of such training shall be submitted by the seller to the Attorney General.
12. The log requirements shall not apply to purchases of single sale packages containing no more than sixty (60) milligrams of pseudoephedrine.
(e) Every wholesaler of pseudoephedrine or ephedrine products shall provide the Bureau of Narcotics with copies of all sales receipts of such products upon request of the bureau. Wholesalers shall be required to maintain this information for a period of not less than one (1) year.
(3) The retail sale of any nonliquid compound, mixture or preparation containing pseudoephedrine or ephedrine is limited to sales in blister packages containing not more than a total of two (2) dosage units per blister of pseudoephedrine or ephedrine; "dosage unit" shall have the meaning ascribed in Section 41-29-139.
(4) No retailer may sell to any person any product or products containing pseudoephedrine or ephedrine unless the retailer requires the purchaser to display photo identification and sign a logbook as required in subsection (2)(d)(iii) in order to complete the purchase.
(5) (a) Except as provided in paragraphs (b) and (c) of this subsection, any violation of this section is a misdemeanor subject to a fine of not more than Two Hundred Fifty Dollars ($250.00).
(b) Any person who shall transfer, sell, deliver, distribute, dispense, provide, or purchase, receive, or otherwise acquire two hundred fifty (250) or more dosage units or fifteen (15) grams or more in weight (dosage unit and weight as defined in Section 41-29-139) of pseudoephedrine or ephedrine in a single retail transaction, knowing, or under circumstances where one reasonably should know, that the pseudoephedrine or ephedrine will be used to unlawfully manufacture a controlled substance shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both.
(c) A retailer who is the general owner or operator of an establishment that sells pseudoephedrine or ephedrine products shall not be penalized pursuant to this section if the retailer documents that an employee training program was conducted to train employees on compliance with this section.
(6) The Attorney General is authorized to promulgate rules and regulations necessary to implement and enforce the provisions of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
