SB 1063 Creates the Missouri Methamphetamine Project
Sponsor: Koster
LR Number: 4122S.05I Fiscal Note:
Committee: Pensions, Veterans' Affairs and General Laws
Last Action: 2/4/2008 - Second Read and Referred S Pensions, Veterans' Affairs and General Laws Committee Journal Page: S171
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1063 - This act modifies various provisions relating to methamphetamine education, treatment, prevention, and enforcement, as well as funding of deputy sheriff salaries.

Sections 57.265, 57.280 & 488.435

Under this act, the sheriff shall receive an additional $15 charge for service for any summons, writ, or other court order with a civil case. The sheriff shall receive such money regardless of whether a private entity performs the service on behalf of the sheriff. The money received by the sheriff will be collected by the county treasurer and made payable to the state treasurer.

This act creates the "Public Safety Enhancement Fund". Twelve dollars from the additional $15 charge shall be deposited into the fund. The other three dollars shall be deposited into the Sheriffs' Retirement Fund.

The "Public Safety Enhancement Fund" shall be administered by the Department of Public Safety and the money shall be used to fund a grant program designed to supplement the starting annual salaries of deputy sheriffs. Counties with starting annual salaries of less than $29,500 shall be eligible to receive a grant. The grant money used shall not result in a starting annual salary exceeding $29,500 for any deputy sheriff. The enrollment period for the first year of the grant program shall be from August 29, 2008, to December 31, 2008.

The Department of Public Safety shall have the authority to promulgate rules to implement and administer this grant program. The Department shall also coordinate and consult the Missouri Sheriffs' Association for review of the applications and disbursement of the grant money.

Under this act, the sheriff's fund, separate from the county general revenue, can contain up to $75,000 rather than $50,000.

These provisions of this act are similar SCS/SB 53 (2007) & SCS/SB 935 (2008).

Section 195.202

In cases where probation is granted for possession of methamphetamine, the conditions of probation shall include, but not be limited to, referral to a drug court for participation in a substance abuse program or participation and completion of not less than twenty-eight days in an inpatient substance abuse program. Such persons shall receive a term of supervised probation of less than four years and shall be subject to mandatory urine analysis to determine use of controlled substances throughout the term of probation as determined by the court or board of probation and parole.

Section 195.211

Any person who commits the crime, or attempts to commit the crime of distributing, delivering, manufacturing or producing methamphetamine shall not be granted a suspended imposition of sentence for a first offense or a suspended imposition of sentence or suspended execution of sentence for any second or subsequent offense.

Sections 195.378, 195.381, 195.384, 195.387, 195.390, 195.393, 195.396, & 195.399

The act establishes a drug monitoring program in the Department of Health and Senior Services. The program will monitor the prescribing and dispensing of all Schedule II through Schedule V controlled substances by all licensed professionals who prescribe or dispense these substances in Missouri. The dispenser must electronically submit to the department information for each prescription or dispensing. The act specifies the frequency of the submissions. The department may issue a waiver to a dispenser who is unable to submit the required information electronically. If a waiver is obtained, a dispenser may submit the required information in paper format or by other approved means. With certain listed exceptions, all submitted prescription information shall be confidential.

The act authorizes the release of non-personal, general information for statistical, educational, and research purposes. The department may contract with other state agencies or private vendors to implement the provisions of this act. The act contains penalty provisions for dispensers and authorized persons who violate provisions of the act. The department is required to implement certain education courses regarding the prescription monitoring program. The department shall, when appropriate, work with associations for impaired professionals to ensure ongoing monitoring and treatment and encourage individual patients who are addicted to substances monitored by the program to receive addiction treatment.

Nothing in the drug monitoring program shall be construed to require a dispenser or prescriber to access or check information from the program prior to dispensing, prescribing or administering medications. Dispensers and prescribers are immune from liability based on any claim of damages as a result of accessing or failing to access the information in the drug monitoring program.

The provisions of this act shall be effective on January 1, 2009 and the drug monitoring program shall sunset in six years.

These provisions of the act are identical to certain provisions of SB 732 (2008) and similar to HCS/SS/SCS/SB 85 (2007), SB 797 (2006), SB 158 (2005) and HB 987 (2004).

Section 195.417

This act modifies a number of provisions relating to monitoring of drugs containing pseudoephedrine.

Current law requires certain documentation relating to the sale of products containing pseudoephedrine. For non-prescription pseudoephedrine products, this act requires that the photo identification that must currently be provided to the pharmacist must be issued by a state or the federal government, or another acceptable document and that such identification must be furnished prior to purchase. The log currently maintained by pharmacists is modified to now include the signature of the purchaser, the name of the product and the time of the purchase. The act also requires that the log be electronic, rather than written. The seller is required to deliver the product directly into the custody of the purchaser.

The act modifies the current gram limits for the sale of pseudoephedrine products. The act provides that the limits do not apply to quantities that must be sold, dispensed or distributed in a pharmacy under a valid prescription or to any purchase by an individual of a single package containing not more than 60 mg of pseudoephedrine. The current 30 day period limit of 9 grams to a person applies without regard to the number of transactions. For mail order or mobile retail sales within a 30 day period, the limit on pseudoephedrine products shall be 7.5 grams without regard to the number of transactions. Within a twenty-four hour period, no person may obtain 3.6 grams without regard to the number of transactions.

The act provides that liquid or liquid-filled gel capsule forms of pseudoephedrine must be in a place where customers do not have direct access to them. The act repeals provisions that exempted the liquid and liquid-filled gel capsule forms of pseudoephedrine from recordkeeping and log maintenance requirements.

The person selling the pseudoephedrine products shall maintain an electronic log of each transaction, including the name and signature of the purchaser, the name of the drug, the date and time of purchase and the name or initials of the person selling the drugs. The department is required to develop a system of transmitting the information contained in the log on a real-time basis from the pharmacy to the department. The department shall create a database from the submitted information, which shall be made available to law enforcement agencies. The department is also required to monitor the database for persons who may be violating the provisions of this section. The act authorizes law enforcement agencies to access the electronic logs of a pharmacy, upon request.

Any person who violates the provisions of this section shall be subject to a civil fine of up to $10,000, in addition to current criminal penalties.

Section 568.045

Currently, a person commits the crime of endangering the welfare of a child in the first degree if he or she manufactures, produces, prepares, sells, transports, tests, or analyzes methamphetamine in a residence where a person less than seventeen years of age resides. Under this act, a person also commits such crime when he or she possesses methamphetamine in a residence with a child. Child endangerment in the first degree is a Class C felony.

This provision of the act is similar to HB 1468 (2008).

Section 650.650

The Department of Public Safety shall develop and conduct a large-scale statewide advertising campaign to combat the first-time use of methamphetamine among young people. The campaign shall consist of television, print, and outdoor advertising focusing on the impact meth has on the individual and his or her family and friends. The ads shall using stark and high-impact imagery designed to realistically and graphically communicate the risks of meth to young people.

SUSAN HENDERSON MOORE