Bill Text: NH SB376 | 2018 | Regular Session | Enrolled
Bill Title: Relative to the sale of certain cold medications.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2018-06-04 - Signed by the Governor on 05/30/2018; Chapter 0124; Effective 01/01/2019 [SB376 Detail]
Download: New_Hampshire-2018-SB376-Enrolled.html
SB 376-FN - VERSION ADOPTED BY BOTH BODIES
01/18/2018 0111s
2018 SESSION
18-2714
01/03
SENATE BILL 376-FN
AN ACT relative to the sale of certain cold medications.
SPONSORS: Sen. Carson, Dist 14; Sen. Feltes, Dist 15; Rep. LeBrun, Hills. 32; Rep. Bove, Rock. 5; Rep. M. MacKay, Hills. 30; Rep. J. MacKay, Merr. 14
COMMITTEE: Health and Human Services
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ANALYSIS
This bill regulates the sale and possession of products containing ephedrine and pseudoephedrine.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/18/2018 0111s 18-2714
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the sale of certain cold medications.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Ephedrine and Pseudoephedrine. Amend RSA 318-B by inserting after section 46 the following new subdivision:
Ephedrine and Pseudoephedrine
318-B:47 Definitions. In this subdivision:
I. "Distributor" means a person, other than a manufacturer or wholesaler, that sells, delivers, transfers, or in any manner furnishes a drug product to any person that is not the ultimate user or consumer of the product.
II. "Knowingly" means having actual knowledge of the relevant facts.
III. "Manufacturer" means a person that produces, compounds, packages, or in any manner initially prepares a drug product for sale or use.
IV. "Wholesaler" means a person, other than a manufacturer, that sells, transfers, or in any manner furnishes a drug product to any other person for the purpose of being resold.
318-B:48 Possession of Ephedrine and Pseudoephedrine: Sale.
I. No person shall knowingly and unlawfully possess a drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine with the intent to use the product as a precursor to manufacture methamphetamine or another controlled substance.
II. A drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall not be distributed at retail to the general public unless it is maintained in a locked display case or behind the counter out of the public's reach.
III.(a) A retail establishment shall not knowingly complete a sale to a person if the drug product or combination of drug products purchased would surpass a total of more than 3.6 grams within a 24-hour period or 9 grams within a 30-day period of ephedrine base, pseudoephedrine base, or phenylpropanolamine base or their isomers. The "base" form means the fraction of ephedrine, pseudoephedrine, or phenylpropanolamine present within a formulation containing a salt form of those respective drugs.
(b) This section shall not apply to drug products dispensed pursuant to a valid prescription.
318-B:49 Electronic Registry System.
I.(a) Retail establishments shall use an electronic registry system to record the sale of products made pursuant to RSA 318-B:48. The electronic registry system shall have the capacity to block a sale of nonprescription drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine that would result in a purchaser exceeding the lawful daily or monthly amount. The system shall contain an override function that may be used by an agent of a retail establishment who is dispensing the drug product and who has a reasonable fear of imminent bodily harm to his or her person or to another person if the transaction is not completed. The system shall create a record of each use of the override mechanism.
(b) The electronic registry system shall be available free of charge to the state of New Hampshire, retail establishments, and local law enforcement agencies.
(c) The electronic registry system shall operate in real time to enable communication among in-state users and users of similar systems in neighboring states.
(d) The state shall use the National Precursor Log Exchange (NPLEx) online portal or its equivalent to host New Hampshire's electronic registry system.
II.(a) Prior to completing a sale under RSA 318-B:48, a retail establishment shall require the person purchasing the drug product to present a current, valid government-issued identification document. The retail establishment shall record in the electronic registry system:
(1) The name and address of the purchaser;
(2) The name of the drug product and quantity of ephedrine, pseudoephedrine, and phenylpropanolamine sold in grams;
(3) The date and time of purchase;
(4) The form of identification presented, the issuing government entity, and the corresponding identification number; and
(5) The name of the person selling or furnishing the drug product.
(b)(1) If the retail establishment experiences an electronic or mechanical failure of the electronic registry system and is unable to comply with the electronic recording requirement, the retail establishment shall maintain a written log or an alternative electronic recordkeeping mechanism until the retail establishment is able to comply fully with this subdivision.
(2) If the region of the state where the retail establishment is located does not have broadband Internet access, the retail establishment shall maintain a written log or an alternative electronic recordkeeping mechanism until broadband Internet access becomes accessible in that region. At that time, the retail establishment shall come into compliance with this subdivision.
(c) A retail establishment shall maintain all records of drug product purchases made pursuant to this subdivision for a minimum of 2 years.
III. A retail establishment shall display a sign at the register provided by NPLEx or its equivalent to notify purchasers of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine that:
(a) The purchase of the drug product or products shall result in the purchaser's identity being listed on a national database; and
(b) The purchaser has the right to request the transaction number for any purchase that was denied pursuant to this subdivision.
318-B:50 Penalty; Exemption.
I. Any person who violates this subdivision shall be guilty of a class A misdemeanor.
II. This subdivision shall not apply to a manufacturer that has obtained an exemption from the Attorney General of the United States under Section 711(d) of the federal Combat Methamphetamine Epidemic Act of 2005.
2 Effective Date. This act shall take effect January 1, 2019.
18-2714
Amended 1/22/18
SB 376-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0111s)
AN ACT relative to the sale of certain cold medications.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill contains a penalty that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2019 | FY 2020 |
Class A Misdemeanor | $72 | $73 |
Simple Criminal Case | $279 | $284 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Department of Justice indicates this bill would have no fiscal impact on the Department's budget. The Department is not generally involved with the prosecution of misdemeanor offenses which are typically handled by local or county prosecutors. Appeals from any convictions could be handled by the Criminal Justice Bureau within the current budget.
The Department of Corrections states there would be no fiscal impact to the Department since the terms of incarceration for misdemeanor offenses are served at county correctional facilities.
The Office of Professional Licensure and Certification indicates the process described in this bill is already a requirement of the federal registry and a current practice of these retailers. The Office states there would be no fiscal impact on its operations.
AGENCIES CONTACTED:
Judicial Branch, Judicial Counsel, New Hampshire Association of Counties, Departments of Justice and Corrections and Office of Professional Licensure and Certification
