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CORRECTED COPY
LRB-1575/1
MED&MLJ:klm&kjf
2017 - 2018 LEGISLATURE
May 8, 2017 - Introduced by Representatives Horlacher, Bernier, Allen,
Billings, Edming, Hutton, Jacque, Katsma, Kremer, Mursau, Novak,
Nygren, Ott, Petryk, Ripp, Sinicki, Skowronski, Spiros and Tittl,
cosponsored by Senators Harsdorf, Cowles, Moulton, Olsen, Petrowski,
Ringhand, Stroebel and Wanggaard. Referred to Committee on Health.
AB306,1,4 1An Act to renumber and amend 961.23 (4), 961.235 (1) and 961.235 (3); to
2amend
961.235 (2); and to create 961.23 (4) (b), 961.235 (1) (b) and (c) and
3961.235 (3m), (4), (5), (7) and (8) of the statutes; relating to: tracking the sale
4of pseudoephedrine products.
Analysis by the Legislative Reference Bureau
This bill requires the implementation of an electronic system for recording,
tracking, and blocking the illegal sale of pseudoephedrine products and makes
certain other changes to the pseudoephedrine sale process.
Current law requires that sellers of pseudoephedrine products record the name
and address of the purchaser and the name and quantity of the pseudoephedrine
product being sold in either paper or electronic format, and requires the purchaser
to present an identification card containing the purchaser's photograph. At the time
of sale, both the seller, or a pharmacist supervising the seller, and the purchaser
must also sign a record of the transaction. Under the bill, the purchaser must present
an identification card containing the purchaser's photograph, and the seller must
record the identification type and, if applicable, the identification number, and the
date and time of the sale, in addition to the information that is currently gathered,
and all records must be kept in electronic format.
Under the bill, prior to completing a pseudoephedrine sale, the seller must
electronically submit the sale information to the National Precursor Log Exchange,
which is a real-time electronic tracking system that is available at no cost to the
sellers. The system uses the information to generate a real-time notification, called

a stop sale alert, that notifies the seller if completing the sale would cause the
purchaser to be in violation of the quantity limits currently in place on
nonprescription pseudoephedrine purchases. The system will contain an override
function that the seller may use in emergencies, the use of which is recorded by the
system. The system must provide real-time access to the records for law
enforcement purposes. The tracking requirements do not apply to pseudoephedrine
sales pursuant to a valid prescription.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB306,1 1Section 1. 961.23 (4) of the statutes is renumbered 961.23 (4) (a) and amended
2to read:
AB306,2,123 961.23 (4) (a) Any person purchasing such a substance that is not a
4pseudoephedrine product
shall, at the time of purchase, present to the seller that
5person's correct name, and address, and, if the person is purchasing a
6pseudoephedrine product, an identification card containing the person's photograph
.
7The seller shall record the name and address and the name and quantity of the
8product sold. The purchaser and either the seller or, if the substance is a
9pseudoephedrine product and is being sold by a person who is not a registered
10pharmacist, the pharmacist supervising
the seller shall sign the record of this the
11transaction. The giving of a false name or false address by the purchaser shall be
12prima facie evidence of a violation of s. 961.43 (1) (a).
AB306,2 13Section 2. 961.23 (4) (b) of the statutes is created to read:
AB306,3,614 961.23 (4) (b) Any person purchasing such a substance that is a
15pseudoephedrine product shall, at the time of purchase, present to the seller that
16person's correct name, address, and an identification card containing the person's
17photograph. The seller shall record the name, date of birth, and address of the
18purchaser; the name and quantity measured in grams of pseudoephedrine contained

1in the product purchased; the date and time purchased; and the purchaser
2identification type and number, such as driver's license state and number. The
3purchaser and either the seller or, if the pseudoephedrine product is being sold by a
4person who is not a registered pharmacist, the pharmacist supervising the seller
5shall sign the record of the transaction. The giving of a false name or false address
6by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).
AB306,3 7Section 3. 961.235 (1) of the statutes is renumbered 961.235 (1) (intro.) and
8amended to read:
AB306,3,99 961.235 (1) (intro.) In this section, “ records:
AB306,3,11 10(a) “Records of pseudoephedrine sales" means records required under s. 961.23
11(4) (b) with respect to the sale of a pseudoephedrine product.
AB306,4 12Section 4. 961.235 (1) (b) and (c) of the statutes are created to read:
AB306,3,1513 961.235 (1) (b) “Stop sale alert” means a real-time notification to a seller of
14pseudoephedrine products that completion of the sale would result in the purchaser
15violating the pseudoephedrine quantity limits set forth in s. 961.23 (6).
AB306,3,1916 (c) “System” means the National Precursor Log Exchange (NPLEx) system,
17which is an electronic pseudoephedrine sales tracking system that is capable of
18generating stop sale alerts, and that is installed, operated, and maintained free of
19any one-time or recurring charge to the seller or to the state.
AB306,5 20Section 5. 961.235 (2) of the statutes is amended to read:
AB306,3,2521 961.235 (2) Records of pseudoephedrine sales may shall be kept in either a
22paper or
electronic format and shall be maintained by the pharmacy for at least 2
23years. Except as provided in sub. (3) subs. (6) and (7), only a pharmacist may have
24access to records of pseudoephedrine sales and information contained in those
25records.
AB306,6
1Section 6. 961.235 (3) of the statutes is renumbered 961.235 (6) and amended
2to read:
AB306,4,73 961.235 (6) A pharmacist shall make records required under s. 961.23 (4) (b)
4available to a law enforcement officer who requests them. Law enforcement officers
5may make those records available to other persons or redisclose information from
6those records to other persons only in connection with a criminal investigation or
7prosecution under this chapter.
AB306,7 8Section 7. 961.235 (3m), (4), (5), (7) and (8) of the statutes are created to read:
AB306,4,119 961.235 (3m) Except as provided in sub. (4), a seller shall electronically submit
10records of pseudoephedrine sales to the system before completing a sale of a
11nonprescription pseudoephedrine product.
AB306,4,18 12(4) If a seller who is attempting to complete a sale of a nonprescription
13pseudoephedrine product experiences mechanical or electronic failure of the system
14and is unable to comply with the requirement in sub. (3m), the seller may, subject to
15the requirement under s. 961.23 (4) (b), complete the sale without complying with the
16requirement under sub. (3m). The seller shall maintain a written log or an
17alternative electronic record-keeping mechanism until such time as the seller is able
18to comply with the requirement.
AB306,4,23 19(5) A seller may not complete a sale of a nonprescription pseudoephedrine
20product if the system generates a stop sale alert unless the seller has a reasonable
21fear of imminent bodily harm if he or she does not complete the sale. The seller may
22use the system's override function to complete the sale if he or she has a reasonable
23fear of imminent bodily harm.
AB306,5,4 24(7) The system shall provide real-time access through an online portal to
25records of pseudoephedrine sales submitted under sub. (3m) to the department of

1justice and to law enforcement officers in the state. Law enforcement officers may
2make those records available to other persons or redisclose information from those
3records to other persons only in connection with a criminal investigation or
4prosecution under this chapter.
AB306,5,10 5(8) Absent negligence, wantonness, recklessness, or deliberate misconduct,
6any seller utilizing the system in accordance with this section shall not be civilly
7liable as a result of any act or omission in carrying out the duties required by this
8section and shall be immune from liability to any third party unless the seller has
9violated any provision of this section in relation to a claim brought for such a
10violation.
AB306,8 11Section 8. Effective date.
AB306,5,1312 (1) This act takes effect on the first day of the 6th month beginning after
13publication.
AB306,5,1414 (End)
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