SB 2323

Present law prohibits a pharmacy from selling products , or a person from purchasing products, containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers in an amount more than 7.2 grams per person in any period of 30 consecutive days or 43.2 grams per person in any one-year period . This bill increases the yearly limit that may be sold or purchased from 43.2 grams per year to 61.2 g rams per year. EDUCATION AND COUNSELING Present law requires a pharmacist to provi de a patient education and counseling as a part of the practice of pharmacy when an y such product is issued . A pharmacist or pharmacy intern must also counsel with the person seeking to purchase the product as to the reasons for needing the product and may decline the sale if the pharmacist or pharmacy intern believes the sale is not for a legitimate medical purpose. This bill removes these provisions. ELECTRONIC SALES TRACKING Present law requires each pharmacy in this state to use the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI). The NPLEx system must be available free of charge to the pharmacies and this state. This bill removes the requirement to use NPLEx and, instead, requires each pharmacy to use an electronic sales tracking system adopted by this state for the purpose of recording and monitoring the real-time purchase of products containing ephe drine or pseudoephedrine and to prevent or investigate illegal purchases of these products . Beginning January 1, 2027, this bill requires a manufacturer of an ephedrine or pseudoephedrine product that is sold in or into this state to pay, on a monthly basis, fees to the administrator of the electronic sales tracking system. The administrator is the entity responsible for developing, implementing, and maintaining such electronic recordkeeping system . On an annual basis, the administrator of the electronic sales tracking system must establish the fee levels . Generally, i n setting such fees, the administrator of the electronic sales tracking system is prohibited from increasing fees on a year-over-year basis by an amount equal to or in excess of 10% . However, the administrator of the electronic sales tracking system may show that the increase is directly attributable to cost factors to the administrator of the electronic sales tracking system .