SF 2494

as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 08:59am

A bill for an act
relating to public safety; increasing the maximum amounts of methamphetamine
precursor drugs that may be sold in over-the-counter transactions; requiring
an electronic methamphetamine precursor drug tracking system to facilitate
the sales of these drugs and to prevent sales exceeding the maximum amounts;
providing civil immunity; requiring the issuance of a request for proposals;
requiring reports to the legislature; amending Minnesota Statutes 2010, sections
13.6905, by adding a subdivision; 152.02, subdivision 6; proposing coding for
new law in Minnesota Statutes, chapter 152.

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

Section 1.

Minnesota Statutes 2010, section 13.6905, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Methamphetamine precursor drug transaction records. new text end

new text begin Data on
methamphetamine precursor drug transaction records are classified under section 152.30.
new text end

Sec. 2.

Minnesota Statutes 2010, 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; deleted text begin and
deleted text end

(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 new text begin ; and
new text end

new text begin (3) "electronic tracking system" means the electronic methamphetamine precursor
drug tracking system, described in section 152.30 and section 4 new text end .

(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 deleted text begin six deleted text end new text begin 7.5 new text end grams, calculated as
the base.

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

(1) packages containing not more than a total of deleted text begin three deleted text end new text begin 3.6 new text end 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 new text begin valid government-issued new text end photographic identification showing the
buyer's date of birth; and

(2) to sign a written or electronic document detailing the new text begin time and new text end date of the sale,
the name new text begin and address new text end of the buyer, deleted text begin and deleted text end the new text begin name and new text end amount of the drug sold new text begin , and the
identification number from the identification provided new text end .

A document described under clause (2) must be retained by the establishment for at
least three years and must at all reasonable times be open to the inspection of any law
enforcement agency.

new text begin Before completing a sale under this subdivision, the establishment shall ensure that the
person making the sale electronically submits the information described in clause (2) to
the electronic tracking system. The person may not make the sale if the system issues a
stop sale alert regarding the buyer. The person is not required to refuse to make the sale if
the person has a reasonable fear that the buyer will inflict imminent bodily harm upon
the person if the sale is refused. If the person making the sale experiences mechanical
or electronic failure of the electronic tracking system and is unable to comply with the
electronic tracking requirement, the person shall enter the required information into the
system as soon as possible after the transaction is completed.
new text end

new text begin A business establishment using the electronic tracking system in accordance with
this paragraph is not civilly liable as a result of any act or omission in carrying out the
duties required by this paragraph, provided that the establishment is acting in good faith
and exercising reasonable care.
new text end

Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
purchase.

(f) No person may acquire through over-the-counter sales more than deleted text begin six deleted text end new text begin 7.5 new text end grams of
methamphetamine precursor drugs, calculated as the base, within a 30-day period.

(g) 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.

(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) 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.

(i) 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), (f), or (g) 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 new text begin : (i) new text end on the state and federal laws and regulations
regarding methamphetamine precursor drugs new text begin ; and (ii) on how to use the electronic
tracking system new text end .

(j) 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.

(k) Paragraphs (b) to (j) 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.

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

(m) 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.

(n) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014, and applies to
transactions occurring on or after that date.
new text end

Sec. 3.

new text begin [152.30] DUTIES OF ELECTRONIC METHAMPHETAMINE
PRECURSOR DRUG TRACKING SYSTEM OPERATOR; DATA.
new text end

new text begin (a) The vendor shall operate and maintain transaction records in the system in a
secure manner that limits access to authorized users and complies with standards and
processes of the National Information Exchange Model, Criminal Justice Information
Services, and the Information Security Management Standard.
new text end

new text begin (b) The vendor selected to operate the electronic methamphetamine precursor drug
tracking system described in section 4 shall forward methamphetamine precursor drug
transaction records each week to the commissioner of public safety and provide real-time
access to this information to law enforcement agencies as directed by the commissioner.
In addition, the vendor shall operate and maintain the system in a manner that complies
with the requirements described in section 152.02, subdivision 6, and section 4.
new text end

new text begin (c) Transaction records received by the commissioner of public safety and law
enforcement agencies under paragraph (b) are private data on individuals, provided
that if the transaction record is active criminal investigative data under section 13.87,
subdivision 7, the transaction record is confidential data on individuals. The definitions
in section 13.02 apply to this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 4. new text begin REQUEST FOR PROPOSALS FOR ELECTRONIC
METHAMPHETAMINE PRECURSOR DRUG TRACKING SYSTEM.
new text end

new text begin (a) As used in this section, "methamphetamine precursor drug" and "over-the-counter
sale" have the meanings given in Minnesota Statutes, section 152.02, subdivision 6,
paragraph (a).
new text end

new text begin (b) The commissioner of administration shall issue a request for proposals from
vendors to provide and maintain a multistate electronic methamphetamine precursor
drug tracking system. The system must:
new text end

new text begin (1) be able to monitor over-the-counter methamphetamine precursor drug sales in
multiple states in real time to help prevent individuals from purchasing these drugs in
quantities above the legal limit by generating a stop sale alert to retailers;
new text end

new text begin (2) include an override function that may be used by a retailer who has a reasonable
fear that a purchaser may inflict imminent bodily harm on the retailer if the sale is not
allowed;
new text end

new text begin (3) be capable of logging each instance in which the override function is used;
new text end

new text begin (4) be able to operate and maintain transaction records in accordance with section
3; and
new text end

new text begin (5) be made available at no cost to Minnesota retailers and be capable of being fully
operational in Minnesota by January 1, 2014.
new text end

new text begin (c) By November 15, 2012, the commissioner shall select a vendor to maintain and
operate the system described in paragraph (b).
new text end

new text begin (d) By January 15, 2013, the commissioner shall report to the chairs and ranking
minority members of the senate and house of representatives committees having
jurisdiction over criminal justice and health policy on the selection of the vendor under
this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin SUSPENSION OF AMENDMENTS MADE IN ACT.
new text end

new text begin If the commissioner of administration does not select a vendor under section 4
because the commissioner determines that no vendor meets the required criteria, or the
commissioner of public safety determines that the electronic methamphetamine precursor
drug tracking system implemented pursuant to section 4 does not substantially comply
with the requirements of this act, the amendments made in this act to Minnesota Statutes,
section 152.02, subdivision 6, are void and without effect and the law previously in effect
controls.
new text end

Sec. 6. new text begin REPORT TO LEGISLATURE.
new text end

new text begin The commissioners of health and public safety, in consultation with law enforcement
officials and retailers, shall monitor the implementation of this act. By January 15, 2015,
the commissioners shall report to the chairs and ranking minority members of the senate
and house of representatives committees having jurisdiction over criminal justice and
health policy on the law's implementation. At a minimum, the report must address whether
the electronic methamphetamine precursor drug tracking system is working effectively,
and if necessary, include recommended changes to the law. The commissioners shall
submit follow-up reports complying with this section by January 15, 2016, and January
15, 2017.
new text end