October 22, 2013, Introduced by Reps. Kivela, Knezek, Dianda, Driskell, Schor, LaVoy, Roberts, Cochran, Heise, McBroom, Bumstead, LaFontaine, Pettalia, Kelly, O'Brien, Lori, Graves, Schmidt, Yanez, Brunner, Kurtz, Rendon, Geiss, Haugh, Kandrevas, Durhal, Brown, Kesto, Foster, Victory, Dillon, MacGregor, MacMaster, Pscholka, Kosowski, Somerville, Haveman, Haines, Glardon, Callton, Yonker, Johnson, Greimel and Santana and referred to the Committee on Criminal Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7340a (MCL 333.7340a), as added by 2011 PA 84,
and by adding section 7340b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7340a. (1) Beginning January 1, 2012, a 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) 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.
(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.
(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, or that the
internet criminal history tool (ICHAT) maintained by the department
of state police shows that the purchaser was convicted of a felony
violation
of article 7. The Except as provided in section 7340b(2),
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.
(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.
(6) A person who violates this section is guilty of a
misdemeanor punishable by a fine of not more than $500.00.
Sec. 7340b. (1) The department of state police shall make
information from the internet criminal history tool (ICHAT)
maintained by the department of state police available free of
charge to the national precursor log exchange (NPLEx) for purposes
of section 7340a.
(2) A retailer shall not sell a product containing ephedrine
or pseudoephedrine to a purchaser if the NPLEx system generates a
stop sale alert on grounds that the ICHAT maintained by the
department of state police shows the purchaser was convicted of a
felony violation of article 7. This subsection does not prohibit
the person from purchasing a product containing ephedrine or
pseudoephedrine pursuant to a prescription.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5089 (request no.
03156'13) of the 97th Legislature is enacted into law.