Bill Text: MS HB642 | 2010 | Regular Session | Introduced

Mississippi House Bill 642 (Prior Session Legislation)

Introduced

Bill Title: Pseudoephedrine and ephedrine; only pharmacists may dispense.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2010-02-02 - Died In Committee [HB642 Detail]

Download: Mississippi-2010-HB642-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary A

By: Representatives Jones (111th), Norquist

House Bill 642

AN ACT TO AMEND SECTION 41-29-315, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PSEUDOEPHEDRINE AND EPHEDRINE SHALL ONLY BE SOLD, DISPENSED OR DISTRIBUTED BY A LICENSED PHARMACIST OR AN INDIVIDUAL UNDER THE SUPERVISION OF A LICENSED PHARMACIST; 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) Pseudoephedrine of ephedrine shall not be dispensed, sold or distributed except by a pharmacist licensed by the Mississippi State Board of Pharmacy or by an individual under the supervision of a licensed pharmacist.

(b) A licensed pharmacist or an 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.

(c) 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.

(d) 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.

(e) (i) All packages of tablets containing pseudoephedrine or ephedrine shall be stored by pharmacies by placing the product behind a counter where the public does not have direct access.

(ii) The licensed pharmacist or individual under the supervision of a licensed pharmacist shall deliver the product directly into the custody of the purchaser.

(iii) In accordance with criteria issued by the United States Attorney General, maintain a written or electronic log of sales that identifies products by name, quantity sold, the name and address of purchasers, and the dates and times of the sales.

1. The seller shall determine that the name entered in the logbook corresponds to the name provided on the purchaser's proof of identification and that the date and time of purchase are correct.

2. The seller shall check that the name of products and quantity sold are correct.

3. 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.

4. 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.

5. 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.

6. The log requirements shall not apply to purchases of single sale packages containing no more than sixty (60) milligrams of pseudoephedrine.

(f) 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 licensed pharmacist or individual under the supervision of a licensed pharmacist may sell to any person any product or products containing pseudoephedrine or ephedrine unless the licensed pharmacist or individual under the supervision of a licensed pharmacist 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 a pharmacy 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.