Last week, the Michigan Legislature passed a bill package
that creates new regulations and criminal provisions for those individuals with
previous methamphetamine convictions who are trying to acquire over-the-counter
pseudoephedrine. There are some additional changes to the Public Health Code,
as outlined below. However, those changes do not relate to pharmacy. Keep in
mind that the intent of this bill is to give law enforcement agencies
additional tools to combat the methamphetamine problem and the misuse of
ephedrine and pseudoephedrine products in Michigan.
From the very beginning, MPA staff and the Executive Board
took a supportive position on the bills that would keep patients and
communities safe and, in addition, would not put additional burden on the role
of the pharmacist. We wanted to make sure that the work flow of the pharmacy
would not be impeded greatly and that all patients would get the safe, quality
service that they have come to know and love in their community pharmacies. We
were successful in making sure that our interests were heard and the bill
package passed reflects that.
Background: Originally,
two bill packages related to this issue were introduced. Typically, when similar
bills are introduced in each legislative chamber, they are exactly the same.
However, although these bills dealt with the same issue, the House and Senate
versions tried to solve the problem in different ways. The drafted version
introduced in the House denied access of pseudoephedrine to a patient with
methamphetamine charges for the rest of their life. The Senate version requires
a prescription for 10 years. Both had criminal penalties, the House version
being stricter than the Senate version. In the end, the two groups worked
together to come up with a complete bill package that all parties could come to
a consensus on. To gain a greater understanding of the complete bill package,
read the legislative
analysis for the entire bill package.
Implications: When
signed in to law, the bills will require linking criminal history to the National
Precursor Log Exchange (NPLEx) system. The NPLEx system will then generate a
stop-sale alert for those individuals who have been convicted of
methamphetamine-related charges. The only way that the patient can attain the
drug is by submitting a prescription written by their physician (note: this
only applies to patients with methamphetamine convictions). Once convicted of a
methamphetamine-related charge, patients will need a prescription for 10 years
to receive pseudoephedrine.
To Keep Pharmacy
Professionals Safe: An amendment made in the House Criminal Justice Committee
includes an override function for those pharmacies that feel that they are in
danger if they do not give the medication to the patient. This amendment was
brought to the Committee by Rep. Margaret O’Brien (R-Portage).
A breakdown of each bill:
- SB 535: Creates the Methamphetamine Abuse Reporting Act, requiring Michigan State Police to notify the National Association of Drug Diversion Investigators of any methamphetamine-related convictions. Requires offenders to obtain a prescription for ephedrine or pseudoephedrine products for 10 years if convicted of a methamphetamine-related charge.
- SB 756: Prohibits the sale of ephedrine or pseudoephedrine products through a stop-sale alert through NPLEx. This bill is tie-barred to SB 535.
- HB 5089: Prohibits a person from soliciting another person to purchase ephedrine or pseudoephedrine products in any amount knowing it will be used for the purpose of manufacturing methamphetamine.
- HB 5090: Establishes sentencing guidelines
These bills are part of the package, but did not pass before
the legislative session ended for the summer.
- HB 5363: Prohibits purchasing ephedrine or pseudoephedrine products of any amount knowing that the drug will be used to manufacture methamphetamine. Also includes penalties. This bill is tie-barred to SB 563, which has not passed yet.
- HB 5615: Includes the crimes associated with ephedrine and pseudoephedrine in the Public Health Code as racketeering crimes. This bill has not passed yet.
In an effort to acknowledge those individuals who work to
keep our pharmacies safe, if you feel inclined, please send a thank you note to
the following legislators who were instrumental in the development,
introduction and passage of this bill.
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