HF 70

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to public safety; requiring pharmacies to provide certain drug purchase
information to law enforcement; amending Minnesota Statutes 2008, section
152.02, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 152.02, subdivision 6, is amended to read:

Subd. 6.

Schedule V; restrictions on methamphetamine precursor drugs.

(a) As
used in this subdivision, the following terms have the meanings given:

(1) "methamphetamine precursor drug" means any compound, mixture, or
preparation intended for human consumption containing ephedrine or pseudoephedrine as
its sole active ingredient or as one of its active ingredients; and

(2) "over-the-counter sale" means a retail sale of a drug or product but does not
include the sale of a drug or product pursuant to the terms of a valid prescription.

(b) The following items are listed in Schedule V:

(1) any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:

(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;

(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;

(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit; or

(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
100 grams; and

(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active ingredients.

(c) No person may sell in a single over-the-counter sale more than two packages of a
methamphetamine precursor drug or a combination of methamphetamine precursor drugs
or any combination of packages exceeding a total weight of six grams.

(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:

(1) packages containing not more than a total of three grams of one or
more methamphetamine precursor drugs, calculated in terms of ephedrine base or
pseudoephedrine base; or

(2) for nonliquid products, sales in blister packs, where each blister contains not
more than two dosage units, or, if the use of blister packs is not technically feasible, sales
in unit dose packets or pouches.

(e) A business establishment that offers for sale methamphetamine precursor drugs
in an over-the-counter sale shall ensure that all packages of the drugs are displayed
behind a checkout counter where the public is not permitted and are offered for sale only
by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
establishment shall ensure that the person making the sale requires the buyer:

(1) to provide photographic identification showing the buyer's date of birth; and

(2) to sign a written or electronic document detailing the date of the sale, the name
of the buyer, and the amount of the drug sold. Nothing in this paragraph requires the buyer
to obtain a prescription for the drug's purchase.

new text begin (f) A business establishment that offers for sale methamphetamine precursor drugs in
an over-the-counter sale shall keep a record of purchases of methamphetamine precursor
drugs, including the name of the buyer and the amount sold, and shall make that record
available to law enforcement upon request. The record shall be kept for five years from
the date of purchase. A business establishment, pharmacist, or employee of the business
establishment who makes the record available to law enforcement is immune from any
liability arising out of releasing that information.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end No person may acquire through over-the-counter sales more than six grams of
methamphetamine precursor drugs within a 30-day period.

deleted text begin (g) deleted text end new text begin (h) new text end No person may sell in an over-the-counter sale a methamphetamine precursor
drug to a person under the age of 18 years. It is an affirmative defense to a charge under
this paragraph if the defendant proves by a preponderance of the evidence that the
defendant reasonably and in good faith relied on proof of age as described in section
340A.503, subdivision 6.

deleted text begin (h) deleted text end new text begin (i) new text end A person who knowingly violates paragraph (c), (d), (e), deleted text begin (f), or deleted text end (g) new text begin , or (h) new text end
is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90
days, or to payment of a fine of not more than $1,000, or both.

deleted text begin (i) deleted text end new text begin (j) new text end An owner, operator, supervisor, or manager of a business establishment that
offers for sale methamphetamine precursor drugs whose employee or agent is convicted
of or charged with violating paragraph (c), (d), (e), deleted text begin (f), or deleted text end (g) new text begin , or (h) new text end is not subject to the
criminal penalties for violating any of those paragraphs if the person:

(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and

(2) documents that an employee training program was in place to provide the
employee or agent with information on the state and federal laws and regulations regarding
methamphetamine precursor drugs.

deleted text begin (j) deleted text end new text begin (k) new text end Any person employed by a business establishment that offers for sale
methamphetamine precursor drugs who sells such a drug to any person in a suspicious
transaction shall report the transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the transaction to local law
enforcement. A person who reports information under this subdivision in good faith is
immune from civil liability relating to the report.

deleted text begin (k) deleted text end new text begin (l) new text end Paragraphs (b) to deleted text begin (j) deleted text end new text begin (k) new text end do not apply to:

(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;

(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
being manufactured in a manner that prevents the drug from being used to manufacture
methamphetamine;

(3) methamphetamine precursor drugs in gel capsule or liquid form; or

(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
constitutes less than one percent of its total weight and is not its sole active ingredient.

deleted text begin (l) deleted text end new text begin (m) new text end The Board of Pharmacy, in consultation with the Department of Public
Safety, shall certify methamphetamine precursor drugs that meet the requirements of
paragraph deleted text begin (k) deleted text end new text begin (l) new text end , clause (2), and publish an annual listing of these drugs.

deleted text begin (m) deleted text end new text begin (n) new text end Wholesale drug distributors licensed and regulated by the Board of
Pharmacy pursuant to sections 151.42 to 151.51 and registered with and regulated by the
United States Drug Enforcement Administration are exempt from the methamphetamine
precursor drug storage requirements of this section.

deleted text begin (n) deleted text end new text begin (o) new text end This section preempts all local ordinances or regulations governing the
sale by a business establishment of over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.