(1) the thermometer uses a mercury-added button cell battery; and

(2) the only mercury contained in the thermometer is found in the mercury-added button cell battery.

     (b) Except as provided in subsection (c), after July 1, 2003, a person may sell or supply a mercury fever thermometer to an individual only if:

(1) the person is a pharmacist or a pharmacist’s assistant working at a pharmacy; and

(2) the thermometers are stored in such a manner that the pharmacist or the pharmacist’s assistant must obtain the thermometer for the individual.

     (c) A licensed practitioner of medicine may sell or supply a mercury fever thermometer to an individual.

As added by P.L.225-2001, SEC.15.