AN ACT Relating to certain substances that may be used to produce controlled substances; adding a new chapter to Title 69 RCW; providing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) A report to the state board of pharmacy shall be submitted by a manufacturer, retailer, or other person who sells, transfers, or otherwise furnishes to any person in this state any of the following substances:

(a) Anthranilic acid;

(b) Barbituric acid;

(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;

(o) Methylephedrine;

(p) Methylpseudoephedrine;

(q) Morpholine;

(r) N-acetylanthranilic acid;

(s) Norpseudoephedrine;

(t) Phenyl-2-propanone;

(u) Phenylacetic acid;

(v) Phenylpropanolamine;

(w) Piperidine;

(x) Pseudoephedrine; and

(y) Pyrrolidine.

(2) The state board of pharmacy may, by rule adopted under the administrative procedure act, chapter 34.04 RCW, add substances to subsection (1) of this section if the substance is a precursor to a controlled substance and delete substances from subsection (1) of this section.

(3) On or before December 1 of each year, the board shall inform the committees of reference of the legislature of the substances added, deleted, or changed in subsection (1) of this section and include an explanation of these actions.

(4) (a) 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 person in this state, require proper identification from the purchaser.

(b) For the purposes of this subsection, "proper identification" means 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, the motor vehicle license number of any motor vehicle owned or operated by the purchaser, a letter of authorization from the 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, a full description of how the substance is to be used, and 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.

(5) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance specified in subsection (1) of this section to a 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 (4) 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.

(6) This section shall not apply to any of the following:

(a) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a practitioner, as defined in chapter 69.41 RCW;

(b) Any practitioner who administers or furnishes a substance to his or her patients;

(c) Any manufacturer or wholesaler licensed by the state board of pharmacy who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy or practitioner;

(d) Any sale, transfer, furnishing, or receipt of any drug that contains any substance listed in subsection (1) (f), (v), or (x) of this section and that is lawfully sold, transferred, or furnished, over the counter without a prescription under the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq., or regulations adopted thereunder.

(7) (a) Any person specified in subsection (5) of this section who does not submit a report as required by that subsection or who knowingly submits a report with false or fictitious information shall be punished by imprisonment for a period not exceeding six months or by a fine not exceeding five thousand dollars, or by both the fine and imprisonment.

(b) Any person specified in subsection (5) of this section who has previously been convicted of a violation of (a) of this subsection shall, upon a subsequent conviction, be punished by imprisonment for a period not exceeding one year, or by a fine not exceeding one hundred thousand dollars, or by both the fine and imprisonment.

NEW SECTION. Sec. 2. (1) Any manufacturer, wholesaler, retailer, or other person who receives from a source outside of this state any substance specified in section 1(1) of this act shall submit a report of such transaction to the state board of pharmacy under rules adopted by the board whose prescribing or dispensing activities are subject to the reporting requirements under this chapter.

(2) (a) Any person specified in subsection (1) of this section who does not submit a report as required by subsection (1) of this section shall be punished by imprisonment in the county jail not exceeding six months or by a fine not exceeding five thousand dollars or by both such fine and imprisonment.

(b) Any person specified in subsection (1) of this section who has been previously convicted of a violation of subsection (1) of this section who subsequently does not submit a report as required by subsection (1) of this section shall be punished by imprisonment for a period not exceeding one year, or by a fine not exceeding one hundred thousand dollars, or by both such fine and imprisonment.

NEW SECTION. Sec. 3. The state board of pharmacy shall provide a common reporting form for the substances in section 1 of this act that contains at least the following information:

(1) Name of the substance;

(2) Quantity of the substance sold, transferred, or furnished;

(3) The date the substance was sold, transferred, or furnished;

(4) The name and address of the person buying or receiving the substance; and

(5) The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing the substance.

NEW SECTION. Sec. 4. The state board of pharmacy may adopt all rules necessary to carry out this chapter.

NEW SECTION. Sec. 5. The theft or loss of any substance under section 1 of this act discovered by any licensee or any person regulated by this chapter shall be reported to the state board of pharmacy within three days after such discovery.

Any difference between the quantity of any substance under section 1 of this act received and the quantity shipped shall be reported to the state board of pharmacy within three days of the receipt of actual knowledge of the discrepancy.

Any report made pursuant to this section shall also include the name of the common carrier or person who transports the substance and date of shipment of the substance.

NEW SECTION. Sec. 6. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the substances listed in section 1 of this act with knowledge or the intent that the recipient will use the substance to unlawfully manufacture a controlled substance is guilty of a class B felony under chapter 9A.20 RCW.

NEW SECTION. Sec. 7. (1) It is unlawful for any person to knowingly make a false statement in connection with any report or record required under this chapter.

(2)(a) Any person who violates this section shall be punished by imprisonment in the state prison, or by imprisonment in the county jail not exceeding one year, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment.

(b) Any person who has been previously convicted of violating this section and who subsequently violates this section shall be punished by imprisonment for a maximum of four years, or by a fine not exceeding one hundred thousand dollars, or by both such fine and imprisonment.

NEW SECTION. Sec. 8. (1) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in section 1 of this act to a person in this state or who receives from a source outside of the state any substance specified in section 1 of this act 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 which contains any substance listed in section 1(1) (f), (v), or (x) of this act and which is lawfully sold, transferred, or furnished over the counter without a prescription or by a prescription pursuant to the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq., or regulations adopted thereunder.

(2) Applications for permits shall be filed 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 board.

(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.

(6) Permit fees charged by the board shall not exceed the costs incurred by the board in administering this chapter.

(7) Selling, transferring, or otherwise furnishing, or receiving any substance specified in section 1 of this act without a permit, is a misdemeanor or a felony.

NEW SECTION. Sec. 9. The board shall have the power to refuse, suspend, or revoke the permit of any manufacturer or wholesaler upon proof that:

(1) The permit was procured through fraud, misrepresentation, or deceit;

(2) The permittee has violated or has permitted any employee to violate any of the laws of this state relating to drugs, controlled substances, cosmetics, or nonprescription drugs, or has violated any of the rules and regulations of the board of pharmacy.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall constitute a new chapter in Title 69 RCW.

NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.