CS/HB 1071

1	A bill to be entitled
2	An act relating to the sale of ephedrine or related
3	compounds; amending s. 893.1495, F.S.; providing a
4	definition; prohibiting obtaining or delivering to an
5	individual in a retail sale any nonprescription compound,
6	mixture, or preparation containing ephedrine or related
7	compounds in excess of specified amounts; revising
8	provisions relating to retail display of products
9	containing ephedrine or related compounds; revising
10	provisions relating to retail employee training; requiring
11	a purchaser of a nonprescription compound, mixture, or
12	preparation containing any detectable quantity of
13	ephedrine or related compounds to meet specified
14	requirements; requiring use of an electronic recordkeeping
15	system approved by the Department of Law Enforcement for
16	such transactions to monitor and record specified
17	information; providing for exemptions from the electronic
18	recordkeeping requirement; requiring information submitted
19	to the system to be retained for a specified period;
20	revising language concerning local ordinances or
21	regulations; providing exemptions for certain entities;
22	conforming language concerning criminal penalties for
23	violations; providing for disclosure of information in the
24	system under certain provisions; providing immunity from
25	civil liability for release of certain information in
26	compliance with electronic recordkeeping requirements;
27	requiring the department to contract with a third party to
28	implement the system; providing for rulemaking; providing
29	a date of implementation; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 893.1495, Florida Statutes, is amended
34	to read:
35	893.1495  Retail sale of ephedrine and related compounds.-
36	(1)  As used in this section, the term "ephedrine or
37	related compounds" means ephedrine, pseudoephedrine,
38	phenylpropanolamine, or any of their salts, optical isomers, or
39	salts of optical isomers.
40	(2)(1)  A No person may not shall knowingly obtain or
41	deliver to an individual in any single retail over-the-counter
42	sale any number of packages of any nonprescription compound,
43	mixture, or preparation drug containing a sole active ingredient
44	that contains a combined total of more than 9 base grams of
45	ephedrine or related compounds in excess of the following
46	amounts:
47	(a)  In any single day, any number of packages that contain
48	a total of 3.6 grams of ephedrine or related compounds;
49	(b)  In any single retail, over-the-counter sale, three
50	packages, regardless of weight, containing ephedrine or related
51	compounds; or
52	(c)  In any 30-day period, in any number of retail, over-
53	the-counter sales, a total of 9 grams or more of ephedrine or
54	related compounds, pseudoephedrine, phenylpropanolamine, or any
55	of their salts, optical isomers, or salts of optical isomers, or
56	more than three packages in any single retail over-the-counter
57	sale, regardless of weight, containing any such sole active
58	ingredient.
59	(3)(2)  A No person may not shall knowingly display and
60	offer for retail sale packages of any nonprescription compound,
61	mixture, or preparation containing drug having a sole active
62	ingredient of ephedrine or related compounds, pseudoephedrine,
63	phenylpropanolamine, or any of their salts or optical isomers
64	other than behind a checkout counter where the public is not
65	permitted or other such location that is not otherwise
66	accessible to the general public.
67	(4)(3)  A No person who is the owner or primary operator of
68	a retail outlet where any nonprescription compound, mixture, or
69	preparation containing ephedrine or related compounds is,
70	pseudoephedrine, or phenylpropanolamine products are available
71	for sale may not shall knowingly allow an employee to engage in
72	the retail sale of such compound, mixture, or preparation
73	products unless the employee has completed an employee training
74	program that shall include, at a minimum, basic instruction on
75	state and federal regulations relating to the sale and
76	distribution of such compounds, mixtures, or preparations
77	products.
78	(5)(a)  Any person purchasing, receiving, or otherwise
79	acquiring any nonprescription compound, mixture, or preparation
80	containing any detectable quantity of ephedrine or related
81	compounds must:
82	1.  Be at least 18 years of age.
83	2.  Produce a government-issued photo identification
84	showing his or her name, date of birth, address, and photo
85	identification number.
86	3.  Sign his or her name on a record of the purchase,
87	either on paper or on an electronic signature capture device.
88	(b)  The Department of Law Enforcement shall approve an
89	electronic recordkeeping system to record and monitor in real
90	time the purchase of products containing ephedrine or related
91	compounds in order to prevent or investigate illegal purchases
92	of these products. The approved electronic recordkeeping system
93	shall be provided to a pharmacy or retailer without any
94	additional cost or expense to the pharmacy or retailer. A
95	pharmacy or retailer may request an exemption from electronic
96	reporting from the Department of Law Enforcement if the pharmacy
97	or retailer lacks the technology to access the electronic
98	recordkeeping system and such pharmacy or retailer maintains a
99	sales volume of less than 72 grams of ephedrine or related
100	compounds in a 30-day period. The electronic recordkeeping
101	system shall record the following:
102	1.  The date and time of the transaction.
103	2.  The name, date of birth, address, and photo
104	identification number of the purchaser, as well as the type of
105	identification and the government of issuance.
106	3.  The number of packages purchased, the total grams per
107	package, and the name of the compound, mixture, or preparation
108	containing ephedrine or related compounds.
109	4.  The signature of the purchaser, or a unique number
110	relating the transaction to a paper signature maintained at the
111	retail premises.
112	(c)  The electronic recordkeeping system shall provide for:
113	1.  Real-time monitoring of nonprescription over-the
114	counter sales under this section.
115	2.  Blocking of nonprescription over-the-counter sales in
116	excess of those allowed by the laws of this state or federal
117	law.
118	(6)  A nonprescription compound, mixture, or preparation
119	containing any quantity of ephedrine or related compounds may
120	not be sold over the counter unless reported to an electronic
121	recordkeeping system approved by the Department of Law
122	Enforcement.
123	(7)  Prior to completing a transaction, a pharmacy or
124	retailer distributing products containing ephedrine or related
125	compounds to consumers in this state shall submit all required
126	data into the electronic recordkeeping system approved by the
127	Department of Law Enforcement either at the point of sale or
128	through an interface with the electronic recordkeeping system,
129	unless granted an exemption by the Department of Law Enforcement
130	under paragraph (5)(b).
131	(8)  The data submitted to the electronic recordkeeping
132	system must be retained within the system for at least 2 years
133	after the date of entry.
134	(9)(4)  The requirements of this section relating to the
135	marketing, sale, or distribution of products containing
136	ephedrine or related compounds, pseudoephedrine, or
137	phenylpropanolamine products shall supersede any local ordinance
138	or regulation passed by a county, municipality, or other local
139	governmental authority.
140	(10)  This section does not apply to:
141	(a)  Licensed manufacturers manufacturing and lawfully
142	distributing products in the channels of commerce.
143	(b)  Wholesalers lawfully distributing products in the
144	channels of commerce.
145	(c)  Health care facilities licensed under chapter 395.
146	(d)  Licensed long-term care facilities.
147	(e)  Government-operated health departments.
148	(f)  Physicians' offices.
149	(g)  Publicly operated prisons, jails, or juvenile
150	correctional facilities or private adult or juvenile
151	correctional facilities under contract with the state.
152	(h)  Public or private educational institutions maintaining
153	health care programs.
154	(i)  Government-operated or industry-operated medical
155	facilities serving employees of the government or industry
156	operating them.
157	(11)(5)  Any individual who violates subsection (1),
158	subsection (2), or subsection (3), or subsection (4) commits:
159	(a)  For a first offense, a misdemeanor of the second
160	degree, punishable as provided in s. 775.083.
161	(b)  For a second offense, a misdemeanor of the first
162	degree, punishable as provided in s. 775.082 or s. 775.083.
163	(c)  For a third or subsequent offense, a felony of the
164	third degree, punishable as provided in s. 775.082, s. 775.083,
165	or s. 775.084.
166	(12)  Information contained within the electronic
167	recordkeeping system shall be disclosed in a manner authorized
168	by state or federal law.
169	(13)  A person who sells any product containing ephedrine
170	or related compounds who in good faith complies with the
171	requirements of this section is immune from civil liability for
172	the release of the information concerning the sale.
173	(14)  The Department of Law Enforcement shall contract with
174	a private third-party administrator to implement the electronic
175	recordkeeping system required by this section.
176	(15)  The Department of Law Enforcement shall adopt rules
177	pursuant to ss. 120.536(1) and 120.54 necessary to implement
178	this section.
179	Section 2.  This act shall take effect July 1, 2010, and
180	shall be implemented by January 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.