SENATE BILL REPORT

SB 6260

BYSenators Warnke, Smitherman, Garrett and Conner; by request of Pharmacy Board

Changing requirements relating to sales of poisons.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 26, 1988; January 28, 1988

Majority Report:  Do pass.

      Signed by Senators Lee, Chairman; Cantu, Conner, Deccio, McMullen, Saling, Smitherman, Warnke.

Senate Staff:Bill Lynch (786-7427)

                  March 2, 1988

AS PASSED SENATE, FEBRUARY 15, 1988

BACKGROUND:

Any person who sells poison in the state must record the transaction in a poison register.  The purchaser must present identification to the seller which contains the purchaser's photograph and signature.  Both the seller and purchaser must sign the poison register entry.  A poison register must be maintained for two years from the date of the last entry. 

The poison register procedures do not work well if the sale is made through the mail or some other delivery system because the purchaser cannot comply with the identification and signature requirement.

It is suggested that a letter of authorization could be submitted by a purchaser of a poison instead of the identification and signature requirements.

SUMMARY:

If a delivery of a poison will be made outside the seller's premises, the seller may require the business purchasing the poison to submit a letter of authorization as a substitute for showing identification and signing the poison register.

The letter of authorization must include the business license number and address of the business, a full description of how the substance will be used, and the signature of the purchaser.  Either the seller or the person delivering the poison must affix his or her signature to the letter as a witness to the signature and identification of the purchaser.

Letters of authorization must be kept with the poison register and are subject to inspection.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Don Williams, Board of Pharmacy

HOUSE AMENDMENTS:

A reference to the business license number of the purchaser is changed to the unified business identifier of the purchaser.

Clarifying language is added to ensure that the seller must record off-premise sales in the poison register.

A technical amendment is made to make it clear that an individual who signs a letter of authorization on behalf of the seller must be an employee of the seller.