WSR 10-13-174

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed June 23, 2010, 9:39 a.m. ]

Subject of Possible Rule Making: Chapter 246-889 WAC, Pharmaceutical -- Precursor substance control, the board of pharmacy (board) is proposing to create new sections and amend WAC 246-889-070 through 246-889-110 as necessary to adopt procedures and enforceable standards for a statewide electronic sales tracking system for nonprescription sales of ephedrine (EPH), pseudoephedrine (PSE), and phenylpropanolamine (PPA).

Statutes Authorizing the Agency to Adopt Rules on this Subject: E2SHB 2961, chapter 182, Laws of 2010.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: E2SHB 2961 requires the board to adopt rules to implement a real-time electronic stop-sale tracking system of nonprescription products containing any detectable quantity of EPH, PSE, or PPA. The board will enter into a public-private partnership to provide the tracking system to required entities. Rules will establish criteria and duration of exemptions from participation in the electronic stop-sale tracking program; institute safeguards to protect purchasers' privacy, and update product purchase limits to comply with the law. Rules are needed to implement the law and establish the tracking system to reduce the impact of methamphetamine on public health and safety.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The board of pharmacy will coordinate participation with law enforcement, Washington State Sheriffs and Police Chiefs (WASPC), and the federal Drug Enforcement Administration (DEA). Law enforcement and WASPC monitor and enforce against the criminal activities associated with the illegal purchase of products used in methamphetamine production, for which the rules will regulate. All parties will be invited to participate in the rule/stakeholder process.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Parties interested in participating and receiving additional information regarding the development of rules in this matter may join an interested parties list. Please send your email request to the Department of Health, Board of Pharmacy, P.O. Box 47863, Olympia, WA 98504, by fax to (360) 236-2901 or via e-mail to wsbop@doh.wa.gov. If you have any questions, please contact Doreen Beebe at (360) 236-4834.

June 22, 2010

Susan Teil Boyer

Executive Director

Washington State Code Reviser's Office