AN
ACT Relating to precursor drugs; amending RCW 69.43.010, 69.43.020, 69.43.040,
and 69.43.090; adding new sections to chapter 69.43 RCW; creating a new
section; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. 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. Some
of the chemicals and compounds used to make methamphetamine, and the toxic
wastes the process generates, are hazards to the public health. Increases in
crime, violence, and the abuse and neglect of children present at laboratory
sites are also associated with the increasing number of illegal laboratory
sites. The drugs ephedrine, pseudoephedrine, and phenylpropanolamine, which
are used in the illegal manufacture of methamphetamine, have been identified as
factors in the increase in the number of illegal methamphetamine labs.
Therefore, it is the intent of the legislature to place restrictions on the
sale and possession of those three drugs in order to reduce the proliferation
of illegal methamphetamine laboratories and the associated threats to public
health and safety.
Sec.
2. RCW
69.43.010 and 1998 c 245 s 107 are each amended to read as follows:
(1)
((Beginning July 1, 1988,)) A report to the state board of
pharmacy shall be submitted in accordance with this chapter by a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise furnishes to any
person ((in this state)) any of the following substances or their salts
or isomers:
(a)
Anthranilic acid;
(b)
Barbituric acid;
(c)
Chlorephedrine;
(d)
Diethyl malonate;
(e)
D-lysergic acid;
(f)
Ephedrine;
(g)
Ergotamine tartrate;
(h)
Ethylamine;
(i)
Ethyl malonate;
(j)
Ethylephedrine;
(k)
Lead acetate;
(l)
Malonic acid;
(m)
Methylamine;
(n)
((Methylformanide)) Methylformamide;
(o)
Methylephedrine;
(p)
Methylpseudoephedrine;
(q)
N-acetylanthranilic acid;
(r)
Norpseudoephedrine;
(s)
Phenylacetic acid;
(t)
Phenylpropanolamine;
(u)
Piperidine;
(v)
Pseudoephedrine; and
(w)
Pyrrolidine.
(2)
The state board of pharmacy shall administer this chapter and may, by rule
adopted pursuant to chapter 34.05 RCW, add a substance to or remove a substance
from the list in subsection (1) of this section. In determining whether to add
or remove a substance, the board shall consider the following:
(a)
The likelihood that the substance is useable as a precursor in the illegal
production of a controlled substance as defined in chapter 69.50 RCW;
(b)
The availability of the substance;
(c)
The relative appropriateness of including the substance in this chapter or in
chapter 69.50 RCW; and
(d)
The extent and nature of legitimate uses for the substance.
(3)(a)
((Beginning on July 1, 1988,)) Any manufacturer, wholesaler, retailer,
or other person shall, before selling, transferring, or otherwise furnishing
any substance specified in subsection (1) of this section to ((a)) any
person ((in this state)), require proper identification from the
purchaser.
(b)
For the purposes of this subsection, "proper identification" means((,
in the case of a face-to-face purchase,)):
(i)
A motor vehicle operator's license or other official state-issued
identification of the purchaser containing a photograph of the purchaser, and
includes the residential or mailing address of the purchaser, other than a post
office box number((,));
(ii)
The motor vehicle license number of any motor vehicle owned or operated by
the purchaser((,));
(iii)
A letter of authorization from any business for which any substance
specified in subsection (1) of this section is being furnished, which includes
the business license number and address of the business((,));
(iv)
A description of how the substance is to be used((,)); and
(v)
The signature of the purchaser.
The
person selling, transferring, or otherwise furnishing any substance specified
in subsection (1) of this section shall affix his or her signature as a witness
to the signature and identification of the purchaser. ((The state board of
pharmacy shall provide by rule for the proper identification of purchasers in
other than face-to-face purchases.))
(c)
A violation of or a failure to comply with this subsection is a
misdemeanor.
(4)
((Beginning on July 1, 1988,)) Any manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise furnishes the
substance specified in subsection (1) of this section to ((a)) any
person ((in this state)) shall, not less than twenty-one days before
delivery of the substance, submit a report of the transaction, which includes
the identification information specified in subsection (3) of this section to
the state board of pharmacy. However, the state board of pharmacy may
authorize the submission of the reports on a monthly basis with respect to
repeated, regular transactions between the furnisher and the recipient
involving the same substance if the state board of pharmacy determines that
either of the following exist:
(a)
A pattern of regular supply of the substance exists between the manufacturer,
wholesaler, retailer, or other person who sells, transfers, or otherwise
furnishes such substance and the recipient of the substance; or
(b)
The recipient has established a record of using the substance for lawful
purposes.
(5)
Any person specified in subsection (4) of this section who does not submit a
report as required by ((that)) subsection (4) of this section is
guilty of a gross misdemeanor.
Sec.
3. RCW
69.43.020 and 1988 c 147 s 2 are each amended to read as follows:
(1)
((Beginning on July 1, 1988,)) Any manufacturer, wholesaler,
retailer, or other person ((subject to any other reporting requirements in
this chapter,)) who receives from a source outside of this state any
substance specified in RCW 69.43.010(1)((,)) shall submit a report of
such transaction to the state board of pharmacy under rules adopted by the
board.
(2)
Any person specified in subsection (1) of this section who does not submit a
report as required by subsection (1) of this section is guilty of a gross misdemeanor.
NEW
SECTION. Sec. 4. A
new section is added to chapter 69.43 RCW to read as follows:
(1)
Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any
substance specified in RCW 69.43.010(1) to any person in a suspicious
transaction shall report the transaction in writing to the state board of
pharmacy.
(2)
Any person specified in subsection (1) of this section who does not submit a
report as required by subsection (1) of this section is guilty of a gross
misdemeanor.
(3)
For the purposes of this section, "suspicious transaction" means a
sale or transfer to which any of the following applies:
(a)
The circumstances of the sale or transfer would lead a reasonable person to
believe that the substance is likely to be used for the purpose of unlawfully
manufacturing a controlled substance under chapter 69.50 RCW, based on such
factors as the amount involved, the method of payment, the method of delivery,
and any past dealings with any participant in the transaction. The state board
of pharmacy shall adopt by rule criteria for determining whether a transaction
is suspicious, taking into consideration the recommendations in appendix A of
the report to the United States attorney general by the suspicious orders task
force under the federal comprehensive methamphetamine control act of 1996.
(b)
The transaction involves payment for any substance specified in RCW
69.43.010(1) in cash or money orders in a total amount of more than two hundred
dollars.
NEW
SECTION. Sec. 5. A
new section is added to chapter 69.43 RCW to read as follows:
(1)
Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any
substance specified in RCW 69.43.010(1) to any person shall maintain a record
of each such sale or transfer. The records must contain:
(a)
The name of the substance;
(b)
The quantity of the substance sold, transferred, or furnished;
(c)
The date the substance was sold, transferred, or furnished;
(d)
The name and address of the person buying or receiving the substance; and
(e)
The method of and amount of payment for the substance.
(2)
The records of sales and transfers required by this section shall be available
for inspection by the state board of pharmacy and its authorized
representatives and shall be maintained for two years.
(3)
A violation of this section is a gross misdemeanor.
NEW
SECTION. Sec. 6. A
new section is added to chapter 69.43 RCW to read as follows:
A
manufacturer, wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes any substance specified in RCW 69.43.010(1) and who is
subject to the reporting or recordkeeping requirements of this chapter may
satisfy the requirements by submitting to the state board of pharmacy, and its
authorized representatives:
(1)
Computer readable data from which all of the required information may be
readily derived; or
(2)
Copies of reports that are filed under federal law that contain all of the
information required by the particular reporting or recordkeeping requirement
of this chapter which it is submitted to satisfy.
Sec.
7. RCW
69.43.040 and 1989 1st ex.s. c 9 s 441 are each amended to read as follows:
(1)
The department of health, in accordance with rules developed by the state board
of pharmacy shall provide a common reporting form for the substances in RCW
69.43.010 that contains at least the following information:
(a)
Name of the substance;
(b)
Quantity of the substance sold, transferred, or furnished;
(c)
The date the substance was sold, transferred, or furnished;
(d)
The name and address of the person buying or receiving the substance; and
(e)
The name and address of the manufacturer, wholesaler, retailer, or other person
selling, transferring, or furnishing the substance.
(2)
Monthly reports authorized under ((subsection (1)(e) of this section)) RCW
69.43.010(4) may be computer-generated in accordance with rules adopted by
the department.
Sec.
8. RCW
69.43.090 and 1989 1st ex.s. c 9 s 443 are each amended to read as follows:
(1)
Any manufacturer, wholesaler, retailer, or other person who sells, transfers,
or otherwise furnishes any substance specified in RCW 69.43.010 to ((a))
any person ((in this state)) or who receives from a source
outside of the state any substance specified in RCW 69.43.010 shall obtain a
permit for the conduct of that business from the state board of pharmacy.
However, a permit shall not be required of any manufacturer, wholesaler,
retailer, or other person for the sale, transfer, furnishing, or receipt of any
drug that contains ephedrine, phenylpropanolamine, or pseudoephedrine, or of
any cosmetic that contains a substance specified in RCW 69.43.010(1), if such
drug or cosmetic is lawfully sold, transferred, or furnished over the counter
without a prescription or by a prescription under chapter 69.04 or 69.41 RCW.
(2)
Applications for permits shall be filed with the department in writing and
signed by the applicant, and shall set forth the name of the applicant, the
business in which the applicant is engaged, the business address of the
applicant, and a full description of any substance sold, transferred, or
otherwise furnished, or received.
(3)
The board may grant permits on forms prescribed by it. The permits shall be
effective for not more than one year from the date of issuance.
(4)
Each applicant shall pay at the time of filing an application for a permit a
fee determined by the department.
(5)
A permit granted under this chapter may be renewed on a date to be determined
by the board, and annually thereafter, upon the filing of a renewal application
and the payment of a permit renewal fee determined by the department.
(6)
Permit fees charged by the department shall not exceed the costs incurred by
the department in administering this chapter.
(7)
Selling, transferring, or otherwise furnishing, or receiving any substance
specified in RCW 69.43.010 without a required permit, is a gross misdemeanor.
NEW
SECTION. Sec. 9. A
new section is added to chapter 69.43 RCW to read as follows:
(1)
It is unlawful for a pharmacy licensed by, or shopkeeper or itinerant vendor
registered with, the department of health under chapter 18.64 RCW, or an
employee thereof, knowingly to sell, transfer, or to otherwise furnish, in a
single transaction:
(a)
More than three packages of one or more products that he or she knows to
contain ephedrine, pseudoephedrine, or phenylpropanolamine, their salts,
isomers, or salts of isomers; or
(b)
A single package of any product that he or she knows to contain more than three
grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts,
isomers, or salts of isomers, or a combination of any of these substances.
(2)
It is unlawful for a person who is not a manufacturer, wholesaler, pharmacy,
practitioner, shopkeeper, or itinerant vendor licensed by or registered with
the department of health under chapter 18.64 RCW to purchase or acquire, in any
twenty-four hour period, more than the quantities of the substances specified
in subsection (1) of this section.
(3)
A violation of this section is a gross misdemeanor.
NEW
SECTION. Sec. 10. A
new section is added to chapter 69.43 RCW to read as follows:
(1)
Any person who possesses more than fifteen grams of ephedrine, pseudoephedrine,
or phenylpropanolamine, their salts, isomers, or salts of isomers, or a
combination of any of those substances, is guilty of a gross misdemeanor.
(2)
This section does not apply to any of the following:
(a)
A pharmacist or other authorized person who sells or furnishes ephedrine,
pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers
upon the prescription of a practitioner, as defined in RCW 69.41.010;
(b)
A practitioner who administers or furnishes ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts, isomers, or salts of isomers to his or her
patients;
(c)
A pharmacy, manufacturer, or wholesaler licensed by, or shopkeeper or itinerant
vendor registered with, the department of health under chapter 18.64 RCW;
(d)
A person in the course of his or her business of selling, transporting, or
storing ephedrine, pseudoephedrine, or phenylpropanolamine, their salts,
isomers, or salts of isomers, for a person described in (a), (b), or (c) of
this subsection; or
(e)
A person in possession of more than fifteen grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of
isomers in their home or residence under circumstances consistent with typical
medicinal or household use as indicated by, but not limited to, storage
location and possession of products in a variety of strengths, brands, types, purposes,
and expiration dates.
NEW
SECTION. Sec. 11. A
new section is added to chapter 69.43 RCW to read as follows:
Sections
9 and 10 of this act do not apply to:
(1)
Pediatric products primarily intended for administration to children under
twelve years of age, according to label instructions, either: (a) In solid
dosage form whose individual dosage units do not exceed fifteen milligrams of
ephedrine, pseudoephedrine, or phenylpropanolamine; or (b) in liquid form whose
recommended dosage, according to label instructions, does not exceed fifteen
milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five
milliliters of liquid product;
(2)
Pediatric liquid products primarily intended for administration to children
under two years of age for which the recommended dosage does not exceed two
milliliters and the total package content does not exceed one fluid ounce; or
(3)
Products that the state board of pharmacy, upon application of a manufacturer,
exempts by rule from sections 9 and 10 of this act because the product has been
formulated in such a way as to effectively prevent the conversion of the active
ingredient into methamphetamine, or its salts or precursors.
NEW
SECTION. Sec. 12. A
new section is added to chapter 69.43 RCW to read as follows:
(1)
In addition to the other penalties provided for in this chapter or in chapter
18.64 RCW, the state board of pharmacy may impose a civil penalty, not to
exceed ten thousand dollars for each violation, on any licensee or registrant
who has failed to comply with this chapter or the rules adopted under this
chapter. In the case of a continuing violation, every day the violation continues
shall be considered a separate violation.
(2)
The state board of pharmacy may waive the suspension or revocation of a license
or registration issued under chapter 18.64 RCW, or waive any civil penalty
under this chapter, if the licensee or registrant establishes that he or she
acted in good faith to prevent violations of this chapter, and the violation
occurred despite the licensee's or registrant's exercise of due diligence. In
making such a determination, the state board of pharmacy may consider evidence
that an employer trained employees on how to sell, transfer, or otherwise
furnish substances specified in RCW 69.43.010(1) in accordance with applicable
laws.
NEW
SECTION. Sec. 13. A
new section is added to chapter 69.43 RCW to read as follows:
This
chapter is applicable and uniform throughout this state and in all counties,
cities, code cities, and towns therein. A county, city, code city, or town may
not adopt or enforce any ordinance, pertaining to this chapter, which prohibits
conduct that is not prohibited under this chapter, or defining violations or
penalties different from those provided under this chapter. However, this
section does not preclude a county, city, code city, or town from revoking,
canceling, suspending, or otherwise limiting a business or professional license
it has issued for conduct that violates any provision of this chapter.
NEW
SECTION. Sec. 14. A
new section is added to chapter 69.43 RCW to read as follows:
(1)
To prevent violations of section 9 of this act, every licensee and registrant
under chapter 18.64 RCW, who sells at retail any products containing ephedrine,
pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of
isomers, shall do either or may do both of the following:
(a)
Program scanners, cash registers, or other electronic devices used to record
sales in a manner that will alert persons handling transactions to potential
violations of section 9(1) of this act and/or prevent such violations; or
(b)
Place one or more signs on the premises to notify customers of the prohibitions
of section 9 of this act. Any such sign may, but is not required to, conform
to the language and format prepared by the department of health under subsection
(2) of this section.
(2)
The department of health shall prepare language and format for a sign
summarizing the prohibitions in sections 9 and 10 of this act and make the
language and format available to licensees and registrants under chapter 18.64
RCW, for voluntary use in their places of business to inform customers and
employees of the prohibitions. Nothing in this section requires the department
of health to provide licensees or registrants with copies of signs, or any
licensee or registrant to use the specific language or format prepared by the
department under this subsection.
NEW
SECTION. Sec. 15. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
