AB39. Provides restrictions on the retail sale of certain products that are ephedrine and pseudoephedrine based. (BDR 54-218)

Nevada Legislature. 77th Legislature (2013). Assembly.

Introduced:
Dec 20, 2012
Last Action:
Apr 16, 2013
Read first time. Referred to Committee on Commerce, Labor and Energy. To committee.

State legislative information provided by LegiNation, Inc. and LegiScan, Inc. Some information also from Open States.

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History

Dec 20, 2012: Prefiled. Referred to Committee on Commerce and Labor. To printer.

Dec 27, 2012: From printer.

Feb 04, 2013: Read first time. To committee.

Mar 06, 2013: Notice of eligibility for exemption.

Apr 09, 2013: From committee: Amend, and do pass as amended.

Apr 10, 2013: Read second time. Amended. (Amend. No. 142.) To printer.

Apr 11, 2013: From printer. To engrossment. Engrossed. First reprint .

Apr 12, 2013: Taken from General File. Placed on General File for next legislative day.

Apr 15, 2013: Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 1, Vacant: 1.) To Senate.

Apr 16, 2013: In Senate.

Apr 16, 2013: Read first time. Referred to Committee on Commerce, Labor and Energy. To committee.

Summary

Legislative Counsel's Digest: Existing law prohibits any person, other than a pharmacy, from selling or transferring in the course of business or selling at retail certain products that contain materials that can be used to manufacture methamphetamine. (NRS 639.410) Existing law further requires a retail distributor of such products to keep the products in a locked case or cabinet or behind a store counter to prevent access to the public. (NRS 453.354) Existing law also limits the quantity of certain chemicals contained in these products that may be sold or transferred to the same person during a calendar day. (NRS 453.355) Section 6 of this bill establishes a limit on the quantity of these chemicals that can be sold or transferred to the same person during a 30-day period. Existing law requires a retail distributor of certain products that can be used to manufacture methamphetamine to maintain a logbook of the sales and transfers of such a product and to ensure that certain information is entered in the logbook. (NRS 453.357) Section 2 of this bill requires the State Board of Pharmacy to approve a real-time, stop sale system for use by pharmacies in this State if the Board determines that the real-time, stop sale system: (1) is available and appropriate for use by pharmacies in this State; and (2) the system has certain capabilities and will be available free of charge. Such a system will: (1) allow pharmacies to electronically submit information before completing a sale or transfer of such a product to determine whether the sale or transfer would violate any law; and (2) allow law enforcement agencies to access transaction records related to the sale or transfer, or attempted sale or transfer, of a product that is a precursor to methamphetamine. Section 3 of this bill requires a pharmacy to use a real-time, stop sale system that is approved by the Board. A pharmacy is prohibited from completing a sale or transfer of a product if informed through the system that the sale or transfer will violate any law, except in certain circumstances. Section 4.5 of this bill provides that the failure of the real-time, stop sale system or the misuse of the system does not create any civil liability for the Board. Section 7 of this bill requires a retail distributor of certain products that can be used to manufacture methamphetamine, in addition to maintaining the logbook and checking the name and identification of a person seeking to obtain such a product, to consult with the real-time, stop sale system, if such a system is approved by the Board.