Revision: Jan. 21, 2010, midnight
HB 1713-FN – AS AMENDED BY THE HOUSE
15Feb2006… 0619h
2006 SESSION
09/01
HOUSE BILL 1713-FN
AN ACT restricting the over-the-counter sale of pseudeophedrine base and ephedrine base drugs and establishing a commission to study the feasibility of an electronic tracking system for sales of pseudeophedrine base and ephedrine base drugs.
SPONSORS: Rep. Hogancamp, Ches 4; Rep. Knowles, Straf 6; Rep. Batula, Hills 19; Rep. MacKay, Merr 11; Rep. Harvey, Hills 21; Sen. Gallus, Dist 1
COMMITTEE: Health, Human Services and Elderly Affairs
This bill restricts the over-the-counter sale of pseudeophedrine base or ephedrine base products, which are methamphetamine precursor drugs. The bill also establishes a commission to study the feasibility of an electronic tracking system for sales of pseudeophedrine base and ephedrine base products.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2006… 0619h
06-2449
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT restricting the over-the-counter sale of pseudeophedrine base and ephedrine base drugs and establishing a commission to study the feasibility of an electronic tracking system for sales of pseudeophedrine base and ephedrine base drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Sales of Certain Over-the-Counter Drugs by Retail Establishments. Amend RSA by inserting after chapter 358-R the following new chapter:
CHAPTER 358-S
SALES OF CERTAIN OVER-THE-COUNTER DRUGS
358-S:1 Definition. In this chapter, “over-the-counter sale” means a retail sale of a drug or product to consumers but does not include the sale of a drug or product pursuant to the terms of a valid prescription.
358-S:2 Retail Sale Restrictions.
I. Except as provided in paragraph III, a retail establishment that offers for sale single-entity pseudoephedrine base or ephedrine base products in an over-the-counter sale shall ensure that all packages of the drugs are displayed behind a pharmacy counter where the public is not permitted and are offered for sale only by a licensed pharmacist or a registered pharmacy technician.
II. No retail establishment or individual shall transfer, sell, deliver, or provide more than 2 packages or a total of 6 grams, whichever is greater, of single-entity pseudoephedrine base or ephedrine base products, to any person per transaction.
III. A retail establishment may transfer, sell, deliver, or provide single-dose packages of single-entity pseudoephedrine base or ephedrine base products. No person shall purchase through over-the-counter sales more than 2 single-dose packages of such products or a total of 120 milligrams of such products in any single transaction. Such products shall be displayed either behind the cash register counter or in a locked display case accessible only to store employees.
IV. No retail establishment may sell in an over-the-counter sale, products containing single-entity pseudoephedrine base or ephedrine base 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 based upon the required photographic identification under RSA 358-S:3, I(a).
V. A retail establishment that offers for sale combination pseudoephedrine base or ephedrine base products shall keep these products in direct line of sight of a store cash register or store counter staffed by one or more store employees.
VI. No retail establishment or individual shall transfer, sell, deliver, or provide more than 2 packages of combination pseudoephedrine base or ephedrine base products to any person in any single transaction.
358-S:3 Requirements for Purchase.
I. Before any transfer, sale, delivery, or provision of single-entity pseudoephedrine base or ephedrine base products is made, a retail establishment shall require:
(a) Photographic identification showing the buyer’s date of birth; and
(b) For any transfer, sale, delivery, or provision of more than one package or a total of 3 grams, whichever is greater, of single-entity pseudoephedrine base or ephedrine base products, a pharmacy shall maintain a written or electronic log detailing:
(1) The date and time of the sale;
(2) The amount of the drug sold;
(3) The name of the buyer; and
(4) The signature of the buyer.
II. Nothing in this section requires the buyer to obtain a prescription for the purchase of pseudoephedrine base or ephedrine base products.
358-S:4 Penalty; Reporting Required; Limitation of Liability.
I. Except as provided in paragraph III, a person who knowingly violates any provision of this chapter shall be guilty of a class A misdemeanor.
II. Any person employed by a business establishment that offers for sale pseudoephedrine base or ephedrine base products 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 shall report the transaction to the local law enforcement agency. A person who reports information under this paragraph in good faith is immune from civil liability relating to the report.
III. An owner, operator, supervisor, or manager of a business establishment that offers for sale products containing pseudoephedrine base or ephedrine base whose employee or agent is convicted of or charged with violating a provision of this chapter shall not be subject to the criminal penalty under paragraph I if the person:
(a) Did not have prior knowledge of, participate in, or direct the employee or agent to commit the violation; or
(b) 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.
2 Commission Established. There is established a commission to study the feasibility of establishing an electronic tracking system for sales of pseudoephedrine base and ephedrine base products.
3 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Three members of the house of representatives, 2 of whom shall be from the health, human services and elderly affairs committee, appointed by the speaker of the house of representatives.
(b) Three members of the senate, at least one of whom shall be from the health and human services committee, appointed by the president of the senate.
(c) The commissioner of the department of health and human services, or designee.
(d) The attorney general, or designee
(e) One member representing the pharmacy board, appointed by a the pharmacy board.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
4 Duties. The commission shall study the feasibility of establishing an electronic tracking system for sales of pseudoephedrine base and ephedrine base products.
5 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
6 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2006.
7 Effective Date.
I. Section 1 of this act shall take effect January 1, 2007
II. The remainder of this act shall take effect upon its passage.
LBAO
06-2449
Amended 2/27/06
HB 1713 FISCAL NOTE
AN ACT restricting the over-the-counter sale of pseudeophedrine base and ephedrine base drugs and establishing a commission to study the feasibility of an electronic tracking system for sales of pseudeophedrine base and ephedrine base drugs.
FISCAL IMPACT:
The Pharmacy Board states this bill, as amended by the House (Amendment #2006-0619h), may increase state expenditures by an indeterminable amount in FY 2006 and each year thereafter. This bill will have no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Board states it is unclear whether the Board or a state, county, or local law enforcement agency would be charged with the oversight of compliance and enforcement of the provisions in this bill. The Board already inspects all retail (community) pharmacies so this added oversight would not result in additional costs. The Board states all other retail establishments, including grocery and convenience stores, would require inspections for compliance. The Board would need additional staff to provide this enforcement, but is unable to determine the exact fiscal impact at this time.
The Department of Health and Human Services assumes either the Pharmacy Board or another state, county and local law enforcement agency would regulate the enforcement of the restrictions contained in this bill, therefore there would be no fiscal impact on the Department. There would be no fiscal impact as a result of the established commission.