WSR 06-02-010

PERMANENT RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed December 22, 2005, 2:28 p.m. , effective January 1, 2006 ]


     Effective Date of Rule: January 1, 2006.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The effective date of January 1, 2006, is required under RCW 34.05.380 (3)(a) and under RCW 69.43.170.

     Purpose: This rule sets the standards for retail sales logs used to record the transaction or sales of ephedrine, pseudoephedrine, and phenylpropanolamine products.

     Statutory Authority for Adoption: RCW 69.43.170, 18.64.005.

      Adopted under notice filed as WSR 05-19-113 on September 20, 2005.

     Changes Other than Editing from Proposed to Adopted Version: The board adopted WAC 246-889-090 Acceptable forms of photo identification, adding enrollment cards issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses and are recognized by the liquor control board and WAC 246-889-095 Record of sale, deleting the requirement for retailers to record the purchaser's address and signature. WAC 246-889-070, 246-889-075, 246-889-080, 246-889-085, 246-889-100, and 246-889-105 were adopted by the board as approved at the November 2, 2005, rules hearing.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 9, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 9, Amended 0, Repealed 0.

     Date Adopted: December 14, 2005.

George Roe

Chairman

OTS-8220.6


NEW SECTION
WAC 246-889-070   Retail sales logs for ephedrine, pseudoephedrine, and phenylpropanolamine products.   Purpose.

     The legislature has recognized that restricting access to ephedrine, pseudoephedrine, and phenylpropanolamine products, or their salts or isomers, is a valid method to reduce the availability of these products for the illegal manufacture of methamphetamine. To reduce the illegal use of these products in the manufacture of methamphetamine, while continuing access for legitimate purposes, the legislature directed the board to adopt rules for the recording of retail sales involving ephedrine, pseudoephedrine or phenylpropanolamine products. The record of sales must be collected and maintained in a written or electronic log or other alternative means. Data from this log will be used to determine if the log is an effective law enforcement tool and if the information received is an effective deterrent to criminal activity. The following rules describe the requirements for the transaction logs.

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NEW SECTION
WAC 246-889-075   Definitions.   (1) "Ephedrine, pseudoephedrine, and phenylpropanolamine products" means any product containing any detectable quantity of ephedrine, pseudoephedrine or phenylpropanolamine.

     (2) "Retailer" means a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee, a practitioner as defined in RCW 18.64.011, or a traditional Chinese herbal practitioner as defined in chapter 69.43 RCW.

     (3) "Sale" means the sale, transfer, or otherwise furnishing of any ephedrine, pseudoephedrine, or phenylpropanolamine product to any person.

     (4) "Law enforcement" means any general or limited authority Washington peace officer.

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NEW SECTION
WAC 246-889-080   Records of sale.   Exemptions. You must keep a record of a sale except when:

     (1) The sale of any product containing ephedrine, pseudoephedrine or phenylpropanolamine that is in liquid, liquid capsule, or in a gel capsule form and is combined with another active ingredient.

     (2) The sale of any ephedrine, pseudoephedrine or phenylpropanolamine product that is sold via a prescription written by an authorized practitioner.

     (3) The sale of any ephedrine, pseudoephedrine, or phenylpropanolamine product is recorded in a pharmacy profile and the profile is maintained by the pharmacy. The profile must be the individualized record for the purchaser, containing identifying information, including, but not limited to, name, address, date of purchase, purchaser's date of birth, and product description.

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NEW SECTION
WAC 246-889-085   Requirements for the sale of an ephedrine, pseudoephedrine, or phenylpropanolamine product.   Unless exempted in WAC 246-889-080, a retailer must:

     (1) Review the purchaser's photo identification. The photo identification must include the date of birth of the purchaser. The purchaser must be eighteen years of age or older.

     (2) Record the information detailed in WAC 246-889-095 for the record of transaction.

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NEW SECTION
WAC 246-889-090   Acceptable forms of photo identification.   To be an acceptable form of identification, the identification must be issued by a government agency and include the person's photograph, name, address, date of birth, and signature. The following are acceptable forms of identification:

     (1) A driver's license or instruction permit issued by any U.S. state or province of Canada. If the customer's driver's license has expired, he/she must also show a valid temporary driver's license with the expired card.

     (2) A United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents.

     (3) A merchant marine identification card issued by the United States Coast Guard.

     (4) A state liquor control identification card. An official age identification card issued by the liquor control authority of any U.S. state or Canadian province.

     (5) A state identification card issued by any U.S. state or province of Canada.

     (6) An official passport issued by any nation.

     (7) Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses and are recognized by the liquor control board.

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NEW SECTION
WAC 246-889-095   Record of sale.   Information required. The retailer must record:

     (1) Date of purchase;

     (2) Name of the purchaser;

     (3) Date of birth of the purchaser;

     (4) Type of identification, agency issuing the identification, and the identification number if applicable; and

     (5) Number of packages and the number of tablets per package.

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NEW SECTION
WAC 246-889-100   Methods for collecting, recording, and storing records of sales data.   Sales records must be maintained on a written or electronic log and must be readily retrievable and contain all information required in WAC 246-889-095. Methods other than electronic or written must be approved in advance by the board of pharmacy and must contain all the information required for a written or electronic log and be retained for the same period of time as a written or electronic log.

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NEW SECTION
WAC 246-889-105   Record retention and destruction.   The retailer must maintain transaction records for two years. Sales records may be destroyed after the retention period of two years. When records are destroyed, the records must be destroyed in a manner that leaves the record unidentifiable and nonretrievable.

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NEW SECTION
WAC 246-889-110   Access to retail records of sales.   Records of sales are confidential and are only open to inspection by the board of pharmacy and law enforcement agencies. The retailer does not have to transmit records to law enforcement or the board of pharmacy. Law enforcement and/or the board of pharmacy will request and obtain records if they are needed. Retailers shall also produce the records in a court whenever lawfully required to do so.

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