Bill Text: MS SB2675 | 2010 | Regular Session | Introduced

Mississippi Senate Bill 2675 (Prior Session Legislation)

Introduced

Bill Title: Pseudoephedrine; revise sales of and recordkeeping.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [SB2675 Detail]

Download: Mississippi-2010-SB2675-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Drug Policy

By: Senator(s) Albritton

Senate Bill 2675

AN ACT TO AMEND SECTION 41-29-315, MISSISSIPPI CODE OF 1972, TO REVISE SALES AND ELECTRONIC TRACKING OF SALES OF PSEUDOEPHEDRINE AND EPHEDRINE; TO AMEND SECTION 41-29-317, MISSISSIPPI CODE OF 1972, TO CONFORM; 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.

* * *

(2) (a) Any nonprescription compound, mixture or preparation containing any detectable quantity of pseudoephedrine or ephedrine shall be dispensed, sold or distributed only by a registered pharmacist, pharmacy intern or pharmacy technician.

(b) Any person who shall purchase, receive, or otherwise acquire any nonprescription compound, mixture or preparation containing any detectable quantity of pseudoephedrine * * * or ephedrine * * * shall:

(i) Produce a government issued photo identification showing the date of birth of the person; and

(ii) * * * Sign a written or electronic log of sales showing the:

1. * * * Name and quantity sold of the compound, mixture or preparation;

2. * * * Name, date of birth and address of the purchaser; and

3. * * * Date and time of the sale.

(c) No person shall purchase, receive, or otherwise acquire any product, mixture or preparation or combination of products, mixtures or preparations containing more than three and six-tenths (3.6) grams of pseudoephedrine base or ephedrine base in a single day or 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) * * * A person under eighteen (18) years of age shall not purchase or attempt to purchase any quantity of a pseudoephedrine or ephedrine product as described in subsection (2) of this section. No person shall aid or assist a person under eighteen (18) years of age in purchasing any quantity of a pseudoephedrine or ephedrine product as described in subsection (2) of this section.

* * *

(e) An electronic log must be kept in accordance with criteria issued by the United States Attorney General for such logs.

(i) The seller shall verify 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.

(ii) The seller shall verify that the name of products and quantity sold are correct.

(iii) The logbook shall include * * * 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.

(iv) The seller shall maintain each entry in the logbook for not fewer than two (2) years after the date on which the transaction was made.

(v) Individuals who are responsible for delivering the products whose sale is regulated by this section into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products shall undergo training provided by the employer to ensure that the individuals understand the requirements * * * of this section.

(vi) The log * * * shall be subject to random and warrantless inspection by city, county or state law enforcement officers.

(e) Every wholesaler of pseudoephedrine or ephedrine products shall provide the Bureau of Narcotics with copies of all sales receipts for these 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 requirements of this section shall not apply to any compound, mixture, or preparation containing pseudoephedrine or ephedrine that are in liquid, liquid capsule, or gel capsule form.

(4) No person may sell * * * any product or products containing pseudoephedrine or ephedrine unless the person requires the purchaser to display photo identification and sign a logbook as required in this section.

(5) (a) * * * Intentional failure of a registered pharmacist, pharmacy intern or pharmacy technician to make an accurate entry of a sale of a product or intentional failure to maintain the log required by this section may subject the pharmacist, intern or technician to a fine of not more than One Thousand Dollars ($1,000.00) for each violation in addition to any other penalty provided by law.

(b) If evidence exists that the employer of the pharmacist, the pharmacy intern, or the pharmacy technician fails, neglects, or encourages incorrect entry of information by improper training, lack of supervision or oversight of the maintenance of logs, or other action or inaction, the employer shall also face liability under this section and any other applicable provision of law.

(c) An employer 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 employer documents that an employee training program was conducted to train employees on compliance with this section.

(6) It shall be a defense to a violation of this section if the defendant proves that circumstances beyond the control of the registered pharmacist, pharmacy intern, or pharmacy technician delayed or prevented the making of the record or retention of the record as required by this section. Examples of circumstances beyond the control of the registered pharmacist, pharmacy intern, or pharmacy technician include but are not limited to:

(a) Fire, natural or man-made disaster, loss of power, and similar events;

(b) Robbery, burglary, shoplifting, or other criminal act by a person on the premises;

(c) A medical emergency suffered by the registered pharmacist, pharmacy intern, or pharmacy technician, another employee of the establishment, a customer, or any other person on the premises; or

(d) Some other circumstance that establishes that an omission was inadvertent.

(7) The provisions of this section shall not apply to:

(a) A licensed manufacturer manufacturing and lawfully distributing a product in the channels of commerce;

(b) A wholesaler lawfully distributing a product in the channels of commerce;

(d) A licensed long-term care facility;

(e) The state or a county health department;

(f) A physician's office;

(g) A publicly operated prison, jail, or juvenile correctional facility, or a private adult or juvenile correctional facility under contract with the state or a political subdivision thereof;

(h) A public or private educational institution maintaining a health care program; or

(i) A government-operated or industrial medical facility serving its own employees.

SECTION 2. Section 41-29-317, Mississippi Code of 1972, is amended as follows:

41-29-317. (1) The Bureau of Narcotics may develop and maintain a program to inform retailers about the methamphetamine problem in the state and devise procedures and forms for retailers to use in reporting to the Bureau of Narcotics suspicious purchases, thefts or other transactions involving any products under the retailer's control which contain a regulated precursor under the provisions of Section 41-29-313 or 41-29-315 including, but not limited to, * * * nonprescription pseudoephedrine or ephedrine products.

(2) Reporting by retailers as required by this section shall be voluntary.

(3) Retailers reporting information to the Bureau of Narcotics in good faith pursuant to this section shall be immune from civil and criminal liability for a violation of Section 41-29-313 or 41-29-315.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.