WSR 01-13-116

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed June 20, 2001, 10:48 a.m. ]

     Subject of Possible Rule Making: Restricting the sale of ephedrine, pseudoephedrine, or phenylpropanolamine. Ephedrine, pseudoephedrine, and phenylpropanolamine are used to manufacture methamphetamines. The 2001 legislature passed legislation to restrict the sale of these drugs to curb the illicit manufacture of methamphetamine. The legislation directs the Board of Pharmacy to adopt rules to implement the legislation.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 69.43 RCW and RCW 18.64.005(7), chapter 96, Laws of 2001 enacted by 2001 legislature.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Communities all over the state of Washington have experienced an increase in the illegal manufacture of methamphetamine. Illegal methamphetamine labs create a significant threat to the health and safety of the people of the state. The drugs ephedrine, pseudoephedrine and/or phenylpropanolamine are used in the illegal manufacture of methamphetamines. Restricting the sale of these products should decrease the number of methamphetamine labs and reduce the threat to public health and safety.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Drug Enforcement Administration (DEA) also regulates the sale and transfer or precursor substances. The DEA will be invited to participate in the stakeholder process.

     Process for Developing New Rule: Public meetings and mailings to interested persons.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lisa Salmi, Department of Health, P.O. Box 47863, Olympia, WA 98504-7863, Lisa.Salmi@doh.wa.gov, phone (360) 236-4828, fax (360) 586-4359. Interested persons can participate through meetings and by submitting written comments.

June 4, 2001

D. H. Williams

Executive Director

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