SB 1447 — fentanyl; manufacturing drugs; machines
Last action — FAILED
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 56th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
706 added · 744 removedPlain-language change summary
The changes made in Senate Bill 1447 include defining new drug-related terms and updating regulations regarding drug offenses, specifically concerning fentanyl and manufacturing drugs with machines. By adding definitions and clarifying the associated penalties, the bill aims to enhance the state's response to the growing crisis of fentanyl and other dangerous substances. This matters because it helps law enforcement address drug-related issues more effectively and could lead to improved public safety.
House Engrossed Senate BillEngrossed fentanyl;
-(h) 17Difluoroethane. - S.B.
1447 (h) Difluoroethane.
(j)- Aldehydes,17 including- formaldehyde.S.B.
1447 (j) Aldehydes, including formaldehyde.
classification;classification A.
definitionsA A.MANUFACTURER, WHOLESALER, RETAILER OR OTHER PERSON WHO SELLS, TRANSFERS, FURNISHES, PURCHASES, RECEIVES OR RESELLS ANY REGULATED PILL TABLETING MACHINE OR ENCAPSULATING MACHINE AND ITS PARTS IN THIS STATE SHALL SUBMIT A REPORT TO THE DEPARTMENT OF PUBLIC SAFETY OF ALL THOSE TRANSACTIONS AND PURCHASES.
ANY PERSON WHO SELLS, TRANSFERS, FURNISHES, PURCHASES, RECEIVES OR RESELLS ANY REGULATED PILL TABLETING MACHINE OR ENCAPSULATING MACHINE AND ITS PARTS IN THIS STATE SHALL SUBMIT A REPORT TO THE DEPARTMENT OF PUBLIC SAFETY OF ALL THOSE TRANSACTIONS AND PURCHASES.
-2. 18 - S.B.
1447 2.
3.- 18 - S.B.
1447 3.
THE NUMBER OF PIECES SHIPPED AND THE MANIFESTED DESCRIPTION OF EACH ITEM WHETHER SHIPPED TOGETHER OR SEPARATELY.SEPARATE.
ANYA MANUFACTURER, WHOLESALER, RETAILER OR OTHER PERSON WHO SELLS, TRANSFERS OR OTHERWISE FURNISHES ANY PILL TABLETING MACHINE OR ENCAPSULATING MACHINE TO ANY OTHER PERSON OR ENTITY IN THIS STATE IN A SUSPICIOUS TRANSACTION SHALL REPORT IT TO THE DEPARTMENT OF PUBLIC SAFETY.
SUBSECTIONA F,PHARMACIST PARAGRAPHTHAT 1IS OFLICENSED IN THIS SECTIONSTATE, DOESOR NOTAN APPLYEMPLOYEE TOACTING AON PERSONBEHALF WHOOF FAILSA TOPHARMACIST SUBMITTHAT AIS REPORTLICENSED OFIN ATHIS REGULATEDSTATE, PILLTHAT TABLETINGIS MACHINEREGISTERED ORAND ENCAPSULATINGLICENSED MACHINEWITH ANDTHE ITSDRUG PARTSENFORCEMENT PURSUANTADMINISTRATION TO SUBSECTIONDISPENSE ASCHEDULED OFSUBSTANCES THISAND SECTIONTHAT IFPURCHASES THEOR PERSONRECEIVES HASA NOTPILL PREVIOUSLYTABLETING BEENMACHINE NOTIFIED OR CONVICTEDENCAPSULATING OFMACHINE AIS VIOLATIONEXEMPT OFFROM THISTHE SECTIONREPORTING ANDREQUIREMENTS THEPRESCRIBED PERSONBY SUBMITSTHIS SECTION UNLESS THE REQUIREDPHARMACIST REPORTOR TOEMPLOYEE - 19 - S.B.
1447 THERESELLS, DEPARTMENTTRANSFERS OFOR PUBLICPROVIDES SAFETYTHE PURSUANTPILL TOTABLETING SUBSECTIONMACHINE AOR OFENCAPSULATING THISMACHINE SECTION WITHIN TEN DAYS AFTER BEING CHARGED WITH A VIOLATION OF THIS SECTION OR, BEFORE BEING CHARGED, BEING NOTIFIED BY A LAW ENFORCEMENT AGENCY OF THE FAILURE TO SUBMIT A REPORTNONLICENSED TOENTITY. THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO THIS SECTION.
A PHARMACIST THAT IS LICENSED IN THIS STATE, OR AN EMPLOYEE ACTING ON BEHALF OF A PHARMACIST THAT IS LICENSED IN THIS STATE, THAT IS REGISTERED AND LICENSED WITH THE DRUG ENFORCEMENT ADMINISTRATION TO DISPENSE SCHEDULED SUBSTANCES AND THAT PURCHASES OR RECEIVES A PILL TABLETING MACHINE OR ENCAPSULATING MACHINE IS EXEMPT FROM THE REPORTING REQUIREMENTS PRESCRIBED BY THIS SECTION UNLESS THE PHARMACIST OR EMPLOYEE RESELLS, TRANSFERS OR PROVIDES THE PILL TABLETING MACHINE OR ENCAPSULATING MACHINE TO A NONLICENSED ENTITY OR PERSON.
I.
A NONPROFIT MEDICAL MARIJUANA DISPENSARY, NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT, MARIJUANA ESTABLISHMENT OR MARIJUANA FACILITY AGENT THAT IS REGISTERED PURSUANT TO TITLE 36, CHAPTER 28.1 OR LICENSED PURSUANT TO TITLE 36, CHAPTER 28.2, AS APPLICABLE, AND THAT PURCHASES OR RECEIVES A PILL TABLETING MACHINE OR ENCAPSULATING MACHINE IS EXEMPT FROM THE REPORTING REQUIREMENTS PRESCRIBED BY THIS SECTION UNLESS THE NONPROFIT MEDICAL MARIJUANA DISPENSARY, NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT, MARIJUANA ESTABLISHMENT OR MARIJUANA FACILITY AGENT RESELLS, TRANSFERS OR PROVIDES THE PILL TABLETING MACHINE OR ENCAPSULATING MACHINE TO AN UNLICENSED ENTITY OR PERSON.
J.
A BUSINESS THAT IS SUBJECT TO THE TRANSACTION PRIVILEGE TAX IMPOSED PURSUANT TO TITLE 42, CHAPTER 5, ARTICLE 1, THAT IS REGISTERED WITH THE DEPARTMENT OF REVENUE AND THAT PURCHASES OR RECEIVES A PILL TABLETING MACHINE OR ENCAPSULATING MACHINE WHERE SUCH MACHINE IS INTRINSIC TO THE NATURE OF THE BUSINESS IS EXEMPT FROM THE REPORTING REQUIREMENTS PRESCRIBED BY THIS SECTION UNLESS THE LICENSED BUSINESS OR ITS AGENT RESELLS, TRANSFERS OR PROVIDES THE PILL TABLETING MACHINE OR ENCAPSULATING MACHINE TO A NONLICENSED ENTITY OR PERSON.
K.
L.Sec.
FOR THE PURPOSES OF THIS SECTION:
1.
"MARIJUANA ESTABLISHMENT" HAS THE SAME MEANING PRESCRIBED IN SECTION 36-2850.
2.
"MARIJUANA FACILITY AGENT" HAS THE SAME MEANING PRESCRIBED IN SECTION 36-2850.
"NONPROFIT MEDICAL MARIJUANA DISPENSARY" HAS THE SAME MEANING PRESCRIBED IN SECTION 36-2801.
4.
"NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT" HAS THE SAME MEANING PRESCRIBED IN SECTION 36-2801.
- 20 - S.B.
1447 Sec.
3.
C.- 20 - S.B.
1447 C.
-D. 21 - S.B.
1447 D.
(b)- The21 violation- isS.B. a minor or technical violation that is not of sufficient merit to warrant disciplinary action.
(c)1447 While(b) theThe licenseeviolation oris permitteea hasminor demonstratedor substantialtechnical complianceviolation throughthat rehabilitation,is remediationnot orof reeducationsufficient thatmerit hasto -warrant 22disciplinary -action. S.B.
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1447(c) While the licensee or permittee has demonstrated substantial compliance through rehabilitation, remediation or reeducation that has mitigated the need for disciplinary action, the board believes that repeating the activities that led to the investigation may result in further board action against the licensee or permittee.
11.- 22 - S.B.
1447 11.
Compounding includes preparing drugs in anticipation of prescription orders prepared on routine, regularly -observed 23prescribing -patterns S.B.and preparing drugs as an incident to research, teaching or chemical analysis or for administration by a medical practitioner to the medical practitioner's patient and not for sale or dispensing.
1447 observed prescribing patterns and preparing drugs as an incident to research, teaching or chemical analysis or for administration by a medical practitioner to the medical practitioner's patient and not for sale or dispensing.
22.- 23 - S.B.
1447 22.
-24. 24 - S.B.
1447 24.
33.- 24 - S.B.
1447 33.
-34. 25 - S.B.
1447 34.
(a) Means a permittee who may distribute prescription-only drugs and devices, controlled substances and over-the-counter drugs and devices to- pharmacies25 or- otherS.B. legal outlets from a place devoted in whole or in part to wholesaling these items.
1447 to pharmacies or other legal outlets from a place devoted in whole or in part to wholesaling these items.
"Good manufacturing practice" means a system for ensuring that products are consistently produced and controlled according to quality standards and covering all aspects of design, monitoring and control of -manufacturing 26processes -and S.B.facilities to ensure that products do not pose any risk to the consumer or public.
1447 manufacturing processes and facilities to ensure that products do not pose any risk to the consumer or public.
"Label" means a display of written, printed or graphic matter on the immediate container of any article that, unless easily legible through- the26 outside- wrapperS.B. or container, also appears on the outside wrapper or container of the article's retail package.
1447 through the outside wrapper or container, also appears on the outside wrapper or container of the article's retail package.
-(b) 27Accompanies -that S.B.article.
1447 (b) Accompanies that article.
60.- 27 - S.B.
1447 60.
-(a) 28A -drug S.B.that is primarily advertised and promoted professionally to medical practitioners and pharmacists by manufacturers or primary distributors.
1447 (a) A drug that is primarily advertised and promoted professionally to medical practitioners and pharmacists by manufacturers or primary distributors.
72.- 28 - S.B.
1447 72.
-73. 29 - S.B.
1447 73.
(g)- A29 mixture- ofS.B. any of the substances described in this paragraph, if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.
-1447 30(g) -A S.B.mixture of any of the substances described in this paragraph, if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.
1447 (h) A substance that is designated by the board to be a poison or hazardous substance.
80.- 30 - S.B.
"Practitioner"1447 means80. any physician, dentist, veterinarian, scientific investigator or other person who is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state, or any pharmacy, hospital or other institution that is licensed, registered or otherwise permitted to - 31 - S.B.
1447"Practitioner" means any physician, dentist, veterinarian, scientific investigator or other person who is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state, or any pharmacy, hospital or other institution that is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.
(a)- An31 order- toS.B. a pharmacist for drugs or devices that is issued and signed by a duly licensed medical practitioner in the authorized course of the practitioner's professional practice.
1447 (a) An order to a pharmacist for drugs or devices that is issued and signed by a duly licensed medical practitioner in the authorized course of the practitioner's professional practice.
Prescription orders received by word of mouth, telephone or other means of communication shall be maintained by the pharmacist -pursuant 32to -section S.B.32-1964, and the record so made by the pharmacist constitutes the original prescription order to be dispensed by the pharmacist.
1447 pursuant to section 32-1964, and the record so made by the pharmacist constitutes the original prescription order to be dispensed by the pharmacist.
A request or new application for reinstatement may be presented to the board for- review32 before- theS.B. conclusion of the specified revocation period upon review of the executive director.
1447 for review before the conclusion of the specified revocation period upon review of the executive director.
-95. 33 - S.B.
1447 95.
- 3433 -
Show all 84 changed rows (44 more)
View plain text versions (5)
- Engrossed Senate Engrossed Version pdf
- Engrossed House Engrossed Version Current pdf
- SENATE - Judiciary View text pdf
- Amended HOUSE - Floor Amend to Bill - Bliss - passed pdf
- Introduced Introduced Version pdf
Action History
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FAILED
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DPA
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PASSED
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House Placed on Consent Calendar
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DP
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House Second Reading
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House First Reading.
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Transmit to House
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PASSED
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DPA
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DPA
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Senate Second Reading
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Senate First Reading
Sponsors
- John Kavanagh · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 37 voted No
Sponsors (1)
- John Kavanagh Republican
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 9 | 0 | 0 |
| Republican | 14 | 9 | 0 | 0 |
| Democrat | 4 | 18 | 0 | 0 |
| Total | 24 | 36 | 0 | 0 |
| % of votes cast | 40% | 60% | 0% | 0% |
How each member voted (60)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 9 | 0 | 0 | 2 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Republican | 10 | 1 | 0 | 0 |
| Total | 27 | 1 | 0 | 2 |
| % of votes cast | 90% | 3% | 0% | 7% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Anna Hernandez | — | Yea |
| Anthony Kern | — | Yea |
| Christine Marsh | — | Yea |
| Juan Mendez | — | Yea |
| Justine Wadsack | — | Yea |
| Ken Bennett | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Brian Fernandez | Democrat | Yea |
| Catherine Miranda | Democrat | Yea |
| Denise “Mitzi” Epstein | Democrat | Yea |
| Eva Burch | Democrat | Not Voting |
| Eva Diaz | Democrat | Not Voting |
| Flavio Bravo | Democrat | Yea |
| Lela Alston | Democrat | Yea |
| Priya Sundareshan | Democrat | Yea |
| Rosanna Gabaldón | Democrat | Yea |
| Sally Ann Gonzales | Democrat | Yea |
| Theresa Hatathlie | Democrat | Yea |
| David C. Farnsworth | Republican | Yea |
| David Gowan | Republican | Yea |
| Frank Carroll | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Jake Hoffman | Republican | Nay |
| Janae Shamp | Republican | Yea |
| John Kavanagh | Republican | Yea |
| Shawnna Bolick | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 1447?
- SB 1447 is sponsored by John Kavanagh (Republican).
- What is the current status of SB 1447?
- This bill died with 56th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1447?
- Track SB 1447 free on One Click Politics — get push/email alerts when it moves.
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