Bill Text: TX SB913 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the transmission of records regarding over-the-counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine and a person's civil liability for certain acts arising from the sale of those products.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-17 - Reported favorably w/o amendment(s) [SB913 Detail]
Download: Texas-2011-SB913-Engrossed.html
By: Estes | S.B. No. 913 |
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relating to the transmission of records regarding over-the-counter | ||
sales of ephedrine, pseudoephedrine, and norpseudoephedrine and a | ||
person's civil liability for certain acts arising from the sale of | ||
those products. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (a), Section 486.001, Health and | ||
Safety Code, is amended by adding Subdivision (6) to read as | ||
follows: | ||
(6) "Real-time electronic logging system" means a | ||
system intended to be used by law enforcement agencies and | ||
pharmacies or other business establishments that: | ||
(A) is installed, operated, and maintained free | ||
of any one-time or recurring charge to the business establishment | ||
or to the state; | ||
(B) is able to communicate in real time with | ||
similar systems operated in other states and similar systems | ||
containing information submitted by more than one state; | ||
(C) complies with the security policy of the | ||
Criminal Justice Information Services division of the Federal | ||
Bureau of Investigation; | ||
(D) complies with information exchange standards | ||
adopted by the National Information Exchange Model; | ||
(E) uses a mechanism to prevent the completion of | ||
a sale of a product containing ephedrine, pseudoephedrine, or | ||
norpseudoephedrine that would violate state or federal law | ||
regarding the purchase of a product containing those substances; | ||
and | ||
(F) is equipped with an override of the mechanism | ||
described in Paragraph (E) that: | ||
(i) may be activated by an employee of a | ||
business establishment; and | ||
(ii) creates a record of each activation of | ||
the override. | ||
SECTION 2. Section 486.014, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 486.014. PREREQUISITES TO AND RESTRICTIONS ON SALE. | ||
(a) Before completing an over-the-counter sale of a product | ||
containing ephedrine, pseudoephedrine, or norpseudoephedrine, a | ||
business establishment that engages in those sales shall: | ||
(1) require the person making the purchase to: | ||
(A) display a driver's license or other form of | ||
government-issued identification containing the person's | ||
photograph and indicating that the person is 16 years of age or | ||
older; and | ||
(B) sign for the purchase; | ||
(2) make a record of the sale, including the name and | ||
date of birth of the person making the purchase, the address of the | ||
purchaser, the date and time of the purchase, the type of | ||
identification displayed by the person and the identification | ||
number, and the item and number of grams purchased; and | ||
(3) transmit the record of sale as required by Section | ||
486.0141. | ||
(b) A business establishment may not sell to [ |
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of one or more products containing ephedrine, pseudoephedrine, or | ||
norpseudoephedrine: | ||
(1) within any calendar day, [ |
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[ |
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[ |
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norpseudoephedrine, or a combination of those substances; and | ||
(2) within any 30-day period, more than nine grams of | ||
ephedrine, pseudoephedrine, norpseudoephedrine, or a combination | ||
of those substances. | ||
SECTION 3. Subchapter B, Chapter 486, Health and Safety | ||
Code, is amended by adding Sections 486.0141, 486.0142, 486.0143, | ||
486.0144, 486.0145, and 486.0146 to read as follows: | ||
Sec. 486.0141. TRANSMISSION OF SALES INFORMATION TO | ||
REAL-TIME ELECTRONIC LOGGING SYSTEM. (a) Before completing an | ||
over-the-counter sale of a product containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine, a business establishment | ||
that engages in those sales shall transmit the information in the | ||
record made under Section 486.014(a)(2) to a real-time electronic | ||
logging system. | ||
(b) Except as provided by Subsection (c), a business | ||
establishment may not complete an over-the-counter sale of a | ||
product containing ephedrine, pseudoephedrine, or | ||
norpseudoephedrine if the real-time electronic logging system | ||
returns a report that the completion of the sale would result in the | ||
person obtaining an amount of ephedrine, pseudoephedrine, | ||
norpseudoephedrine, or a combination of those substances greater | ||
than the amount described by Section 486.014(b), regardless of | ||
whether all or some of the products previously obtained by the buyer | ||
were sold at the establishment or another business establishment. | ||
(c) An employee of a business establishment may complete a | ||
sale prohibited by Subsection (b) by using the override mechanism | ||
described by Section 486.001(a)(6)(F) only if the employee has a | ||
reasonable fear of imminent bodily injury or death from the person | ||
attempting to obtain ephedrine, pseudoephedrine, or | ||
norpseudoephedrine. | ||
(d) On request of the Department of Public Safety, the | ||
administrators of a real-time electronic logging system shall make | ||
available to the department a copy of each record of an | ||
over-the-counter sale of a product containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine that is submitted by a | ||
business establishment located in this state. | ||
Sec. 486.0142. TEMPORARY EXEMPTION. (a) On application by | ||
a business establishment that operates a pharmacy and engages in | ||
over-the-counter sales of products containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine as authorized by Section | ||
486.011, the Texas State Board of Pharmacy may grant that business | ||
establishment a temporary exemption, not to exceed 180 days, from | ||
the requirement of using a real-time electronic logging system | ||
under this chapter. | ||
(b) On application by a business establishment that engages | ||
in over-the-counter sales of products containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine in accordance with a | ||
certificate of authority issued under Section 486.012, the | ||
department may grant that business establishment a temporary | ||
exemption, not to exceed 180 days, from the requirement of using a | ||
real-time electronic logging system under this chapter. | ||
(c) A business establishment granted a temporary exemption | ||
under this section must keep records of sales in the same manner | ||
required under Section 486.0143 for a business establishment that | ||
experiences a mechanical or electronic failure of the real-time | ||
electronic logging system. | ||
(d) An exemption granted under this section does not relieve | ||
a business establishment of any duty under this chapter other than | ||
the duty to use a real-time electronic logging system. | ||
Sec. 486.0143. WRITTEN LOG OR OTHER ELECTRONIC | ||
RECORDKEEPING. If a business establishment that engages in | ||
over-the-counter sales of a product containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine experiences a mechanical or | ||
electronic failure of the real-time electronic logging system, the | ||
business shall: | ||
(1) maintain a written record or an electronic record | ||
made by any means that satisfies the requirements of Section | ||
486.014(a)(2); and | ||
(2) enter the information in the real-time electronic | ||
logging system as soon as practicable after the system becomes | ||
operational. | ||
Sec. 486.0144. ONLINE PORTAL. The administrators of a | ||
real-time electronic logging system shall provide real-time access | ||
to the information in the system to the Department of Public Safety | ||
if the department executes a memorandum of understanding with the | ||
administrators. | ||
Sec. 486.0145. LIMITATION ON CIVIL LIABILITY. A person is | ||
not liable for an act or omission arising from the person's | ||
compliance with the requirements of Section 486.014 or 486.0141. | ||
Sec. 486.0146. PRIVACY PROTECTIONS. (a) The privacy | ||
protections provided an individual under 21 C.F.R. Section 1314.45 | ||
apply to information entered or stored in a real-time electronic | ||
logging system. | ||
(b) A business establishment that engages in | ||
over-the-counter sales of a product containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine may disclose information | ||
entered or stored in a real-time electronic logging system only to | ||
the United States Drug Enforcement Administration and other | ||
federal, state, and local law enforcement agencies. | ||
(c) A business establishment that engages in | ||
over-the-counter sales of a product containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine may not use information | ||
entered or stored in a real-time electronic logging system for any | ||
purpose other than for a disclosure authorized by Subsection (b) or | ||
to comply with the requirements of this chapter. | ||
(d) Notwithstanding Subsection (c), a business | ||
establishment that engages in over-the-counter sales of a product | ||
containing ephedrine, pseudoephedrine, or norpseudoephedrine or an | ||
employee or agent of the business establishment is not civilly | ||
liable for the release of information entered or stored in a | ||
real-time electronic logging system unless the release constitutes | ||
negligence, recklessness, or wilful misconduct. | ||
SECTION 4. Section 486.015, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 486.015. MAINTENANCE OF RECORDS. (a) Except as | ||
provided by Subsection (b), a [ |
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maintain each record made under Section 486.014(a)(2) [ |
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until at least the second anniversary of the date the record is made | ||
and shall make each record available on request by the department or | ||
the Department of Public Safety. | ||
(b) Subsection (a) does not apply to a business | ||
establishment that has used a real-time electronic logging system | ||
for longer than two years. | ||
(c) A business establishment that has used a real-time | ||
electronic logging system for longer than two years shall destroy | ||
all paper records maintained under this section unless the | ||
destruction is otherwise prohibited by law. | ||
SECTION 5. Not later than September 30, 2011, the Texas | ||
State Board of Pharmacy and the Department of State Health Services | ||
shall provide to the administrators of any real-time electronic | ||
logging system described by Subchapter B, Chapter 486, Health and | ||
Safety Code, as amended by this Act, the names, addresses, and phone | ||
numbers of all business establishments engaging in | ||
over-the-counter sales of products containing ephedrine, | ||
pseudoephedrine, and norpseudoephedrine. | ||
SECTION 6. (a) The changes in law made by this Act apply | ||
only to an over-the-counter sale of a product containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine that is completed on or | ||
after January 1, 2012. An over-the-counter sale of a product | ||
containing ephedrine, pseudoephedrine, or norpseudoephedrine that | ||
was completed before January 1, 2012, is covered by the law in | ||
effect when the sale was completed, and the former law is continued | ||
in effect for that purpose. | ||
(b) A business establishment is not required to use a | ||
real-time electronic logging system required by Subchapter B, | ||
Chapter 486, Health and Safety Code, as amended by this Act, before | ||
January 1, 2012. | ||
SECTION 7. This Act takes effect September 1, 2011. |