Michigan Compiled Laws
368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341)
Section 333.7340a - Submission of Information to Nplex.

Sec. 7340a.
(1) Before completing a sale under section 17766f, a retailer shall electronically submit the required information to the national precursor log exchange (NPLEx) administered by the national association of drug diversion investigators (NADDI). A retailer shall not be required to pay a fee for using the NPLEx system.
(2) If a retailer selling a nonprescription product containing ephedrine or pseudoephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement, the retailer shall maintain a written log or an alternative electronic record-keeping mechanism until such time as the retailer is able to comply with the electronic sales tracking requirement.
(3) NADDI shall provide real-time access to NPLEx information through the NPLEx online portal to law enforcement in this state as authorized by state and federal law.
(4) The system described in subsection (1) shall be capable of generating a stop sale alert notifying the retailer that the person is prohibited from purchasing a nonprescription product containing ephedrine or pseudoephedrine due to a conviction reported under the methamphetamine abuse reporting act or that completing the sale will result in the seller's or purchaser's violating the quantity limits set forth in section 17766f. Except as otherwise provided by law, the seller shall not complete the sale if the system generates a stop sale alert. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if the dispenser does not complete a sale. Each instance in which the override function is utilized shall be logged by the system.
(5) A person's failure to comply with the record-keeping or sales verification requirements of this section does not create a civil cause of action for damages to any other person arising out of that failure absent a direct and proximate cause, and the person is immune from civil liability for any damages arising out of that failure.
(6) A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $500.00.
History: Add. 2011, Act 84, Imd. Eff. July 15, 2011 ;-- Am. 2014, Act 275, Eff. Jan. 1, 2015 Popular Name: Act 368

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 333 - Health

Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)

Article 7 - Controlled Substances (333.7101...333.7545)

368-1978-7-73 - Part 73 Manufacture, Distribution, and Dispensing (333.7301...333.7341)

Section 333.7301 - Rules.

Section 333.7301a - Licensing Activities Subject to Certain Provisions.

Section 333.7302 - Labeling Controlled Substances; Contents of Label; Altering, Defacing, or Removing Label.

Section 333.7302a - Identification of Certain Prescription Drugs and Manufacturer or Distributor; Descriptive Material; National Registry of Prescription Drugs; Exemptions; Rules; “Prescription Drug” Defined; Violation as Misdemeanor; Penalty.

Section 333.7303 - License Required; Renewal; Scope of Authority; Compliance; Additional Requirements; Persons Exempted; Waiving or Imposing Requirement for Licensure; Separate License for Each Principal Place of Business or Professional Practice; In...

Section 333.7303a - Licensed Prescriber; Administering or Dispensing Controlled Substance Without Separate License; Prescriber in Bona Fide Prescriber-Patient Relationship With Patient; Follow-Up Care; Use of Other Controlled Substances; Recording Re...

Section 333.7303b - First Prescription in Single Course of Treatment for Controlled Substance Containing Opioid; Issuance to Minor by Prescriber; Requirements; Exceptions; Talking Consent Form Authorizing Adult to Consent to Minor's Medical Treatment...

Section 333.7303c - Information to Be Provided Before Controlled Substance Containing Opioid Is Prescribed; Signature; Inclusion of Signed Form in Patient's Medical or Clinical Record; Controlled Substance Prescribed for Inpatient Use; Definitions.

Section 333.7304 - Exemptions From Licensure.

Section 333.7305 - Permitting Certain Persons to Apply for License; Application Upon Expiration of Existing License.

Section 333.7306 - License to Be Granted Unless Inconsistent With Public Interest; Factors in Determining Public Interest; Scope of Licensure; License to Dispense, Prescribe, or Conduct Research With Controlled Substances in Schedules 2 to 5; Registr...

Section 333.7311 - Actions by Disciplinary Subcommittee; Grounds; Limitation; Conviction of Felony; Placing Under Seal or Seizing Controlled Substances; Disposition of Controlled Substances; Judicial Order for Sale; Deposit of Proceeds; Forfeiture of...

Section 333.7314 - Denial, Suspension, Revocation, or Limitation of License; Order to Show Cause; Service of Order; Conduct of Proceedings; Effect of Proceeding on Existing License; Suspension of License on Finding of Imminent Danger; Duration of Sus...

Section 333.7315 - Reinstatement of License; Application; Hearing.

Section 333.7316 - Reinstatement of License; Good Moral Character; Public Interest; Disciplinary or Corrective Measure.

Section 333.7321 - Records; Inventories; Annual Inventory; Retention.

Section 333.7331 - Authority to Purchase Schedule 1 or 2 Controlled Substance; Order Form.

Section 333.7333 - "Good Faith" Defined; Dispensing Controlled Substance Included in Schedule 2; Prescription Form; Electronic Transmission Under MCL 333.17754a; Emergency; Filling and Refilling Prescription; Dispensing Controlled Substance Included...

Section 333.7333a - Electronic Monitoring System; Definitions.

Section 333.7333b - Treatment of Patient for Acute Pain; Prescription for Opioid; Limitation; "Acute Pain" Defined.

Section 333.7334 - Repealed. 2001, Act 231, Eff. Jan. 6, 2003.

Section 333.7335 - Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.

Section 333.7336 - Repealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.

Section 333.7339 - Dispensing, Selling, or Giving Product to Individual Less Than 18 Years of Age; Violation as Misdemeanor; Penalty.

Section 333.7340 - Selling, Distributing, Delivering, or Furnishing Product Containing Ephedrine or Pseudoephedrine; Prohibition; Exceptions; Violation as Felony; Penalty.

Section 333.7340a - Submission of Information to Nplex.

Section 333.7340c - Soliciting or Attempting to Solicit Another Person to Obtain Ephedrine or Pseudoephedrine; Violation; Penalty; Other Violation; Report to State Police; Definitions.

Section 333.7341 - Definitions; Factors in Determining Imitation Controlled Substance; Prohibited Conduct; Violation; Civil Fine; Misdemeanor; Penalty; Default in Payment of Civil Fine or Costs; Collection; Prohibited Advertisement or Solicitation; V...