BILL ANALYSIS �
AB 1280
Page 1
Date of Hearing: May 18, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1280 (Hill) - As Amended: May 11, 2011
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes a series of changes related to the sale of
nonprescription products containing pseudoephedrine or other
methamphetamine precursors. Specifically, this bill:
1)Requires, effective January 1, 2013, ephedrine and
pseudoephedrine (PSE) retailers to transmit specified detailed
purchase information to the National Precursor Log Exchange
(NPLEx) to determine if the proposed sale violates purchasing
restrictions.
2)Provides that if the Department of Justice (DOJ) enters into a
memorandum of understanding (MOU) with the National
Association of Drug Diversion Investigators (NADDI), NADDI
will provide DOJ real-time transaction record information via
NPLEx online law enforcement portals.
3)Specifies the NPLEx information may not be used for any
purpose other than to meet the requirements of this act, or
the federal Combat Methamphetamine Act of 2005.
4)Creates a misdemeanor for any retail distributor, except
pursuant to a prescription from a licensed practitioner, to
sell or distribute specified amounts of nonprescription PSE
products (ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine) within specified time limits, to sell or
AB 1280
Page 2
distribute those substances to a person whose information has
generated an alert, or, except under specified conditions, to
sell or distribute any amount of those substances, unless the
purchaser provides valid identification, signs a written or
electronic log showing date and time, name, date of birth,
and address of the purchaser, and amount of product purchased.
5)Sunsets these provisions on January 1, 2018.
FISCAL EFFECT
1)Unknown nonreimbursable local law enforcement costs related to
investigating, prosecuting and punishing illegal
nonprescription PSE sales.
2)Minor absorbable costs to DOJ to enter into a MOU with NADDI
for NPLEx access.
3)Minor absorbable costs to the Board of Equalization to modify
retailers of NPLEx requirements.
COMMENTS
1)Rationale . The author intends to address what he sees as a
deficiency in current law: that despite maximum purchase
limits and identification requirements, current law does not
prevent would-be meth cookers from hitting up multiple drug
stores. According to the author,
"AB 1280 remedies this deficiency. The bill requires retailers
selling over-the-counter PSE products to submit specified
information into an electronic, networked, logbook prior to
completing the sale. The information would be identical to
AB 1280
Page 3
that already required to be entered into the existing paper
logbook. Retailers would immediately know whether a consumer
has exceeded the federal purchase limits and would be required
to stop the sale."
2)NPLEx is a real-time electronic logging system used by
pharmacies and law enforcement to track sales of
over-the-counter (OTC) cold and allergy medications containing
precursors to the illegal drug, methamphetamine. NADDI
provides NPLEx at no cost to states that have legislation
requiring real-time electronic monitoring of precursor
purchases and agree to use the system.
NPLEx was developed by, and operated by a private company,
Appriss, Inc, which has sold NPLEx to pharmacy chains and
states. It appears NAPLEx is being used in 12 states.
This bill proposes that NADDI will administer NAPLEx. NADDI is
a non-profit organization which appears to be supported, at
least in part, by the pharmaceutical industry. According to
NADDI, it is a "unique membership organization whose members
are responsible for investigating and prosecuting
pharmaceutical drug diversion. The organization has proven to
be a valuable asset to law enforcement, the pharmaceutical
industry and health regulatory personnel."
3)Support . This bill is supported by retailers and the
pharmaceutical industry, as well as the State Sheriffs
Association, the District Attorneys Association, and the Peace
Officers Research Association (PORAC). The for-profit
supporters oppose a competing effort to crack down on PSE
sales that would require a prescription for PSEs.
According to the Consumer Healthcare Products Association,
"With NPLEx in place, retailers will obtain pre-approval from
the system to make a sale, and over-limit sales are denied,
stopping illegal sales before they happen. The sales data are
maintained in a highly secure environment and, under federal
law and the provisions of AB 1280, are legally available only
to law enforcement. Manufacturers fully fund NPLEx, so there
is no charge to retailers, states, or law enforcement.
AB 1280
Page 4
"In addition, AB 1280 represents an alternative to proposals
which would make these FDA approved products available only
with a prescription. Such proposals are an extreme reaction
and have serious negative health care access and fiscal
impacts. As you know, over the counter medications are taxed
at the point of sale while prescription medications are not.
This measure, AB 1280, preserves the sales tax on these safe
and effective products estimated at over $ 4 million in 2010,
while helping to safeguard the community from illicit meth
production."
4)Opposition . DOJ and the state narcotics officers association
oppose this bill in favor of SB 315 (Wright), which would
require a prescription for purchase of PSEs. SB 315, supported
by many law enforcement representatives, and opposed by
retail, pharmaceutical and business affiliations, is pending
in Senate Health Committee, and appears to be finished for the
year. A similar bill, SB 486 (Wright) failed in Assembly
Public Safety last year.
According to DOJ, AB 1280 will prove ineffective:
"Unfortunately, tracking systems in place in other states have
failed to curtail the increase in methamphetamine labs. In
fact, the only states that have documented a significant
decrease in methamphetamine labs, as well as decreases in the
amount of methamphetamine manufactured, are Oregon and
Mississippi. Implementation of the tracking system anticipated
by Assembly Bill 1280 would not address California's
methamphetamine problem, and could work to delay
implementation of a prescription only system."
The ACLU also opposes this bill, contending it is an
infringement on privacy rights. "We strongly oppose the
creation of a government-mandated database of all people who
purchase any amount of a lawful over-the-counter medication
with open access by law enforcement agencies without
justification."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
AB 1280
Page 5