BILL REQ. #:  H-2259.1 

READ FIRST TIME 02/26/07.   

     AN ACT Relating to designating responsibilities to the work group for the pilot project to record retail transactions involving ephedrine, pseudoephedrine, or phenylpropanolamine; and amending RCW 69.43.170.

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

Sec. 1   RCW 69.43.170 and 2005 c 388 s 8 are each amended to read as follows:
     (1) The state board of pharmacy, using procedures under chapter 34.05 RCW, shall implement and conduct a statewide pilot project requiring the collection and maintenance of written or electronic logs or other alternative means of recording retail transactions involving ephedrine, pseudoephedrine, or phenylpropanolamine. The rules implementing the pilot project shall be in place by January 1, 2006.
     (2) The pilot project shall be designed to address:
     (a) Whether a log or other means of recording a transaction is an effective law enforcement tool;
     (b) What information is needed to make logs or other means of recording a transaction useful as a deterrent to criminal activity;
     (c) The most effective method of obtaining, recording, and storing log or other electronic data in the least intrusive manner available;
     (d) How long the information recorded in the logs or other means of recording a transaction should be maintained; and
     (e) How logs or other means of recording a transaction can be most effectively transmitted to law enforcement and the state board of pharmacy.
     (3) The board shall convene a work group to evaluate the data collected during the pilot project.
     (a) The work group shall review and make recommendations regarding the following:
     (i) The implementation of technology for the scanning of the driver's license or state-issued identification card of any person that procures or purchases any product containing ephedrine, pseudoephedrine, and phenylpropanolamine or any of their salts, isomers, or salts of isomers;
     (ii) The possibility of requiring all retailers to collect and maintain electronic logs to record retail transactions involving ephedrine, pseudoephedrine, and phenylpropanolamine;
     (iii) The establishment and maintenance of a central repository of the electronic logs furnished to the board by each retailer that will:
     (A) Keep each log furnished to the board for a period of two years;
     (B) Be capable of checking compliance against all local, state, and federal laws, including interfacing with other states to assure comprehensive compliance; and
     (C) Be accessible to all law enforcement agencies;
     (iv) How the state of Washington is complying with the federal combat methamphetamine epidemic act of 2005.
     (b) The work group shall consist of:
     (((a))) (i) One representative from law enforcement appointed by the Washington association of sheriffs and police chiefs;
     (((b))) (ii) One representative from the Washington state patrol;
     (((c))) (iii) One representative appointed by the Washington association of prosecuting attorneys;
     (((d))) (iv) One representative appointed by the office of the attorney general;
     (((e))) (v) One representative appointed by the state board of pharmacy; and
     (((f))) (vi) Two representatives from the retail industry.
     (c) The work group shall report its findings and recommendations to the legislature by November 1, 2007.
     (4) The state board of pharmacy shall begin data collection for the pilot project no later than January 1, 2006, and report to the legislature no later than November 1, 2007, regarding the findings of the work group along with any recommendations or proposed legislation.
     (5) Any orders and rules adopted under this section not in conflict with state law continue in effect until modified, superseded, or repealed. The board may implement rule changes based upon the results of the pilot project and recommendations of the work group.
     (6)(a) The records required by this section are for the confidential use of the pharmacy, shopkeeper, or itinerant vendor, except that:
     (i) Every pharmacy, shopkeeper, or itinerant vendor shall produce the records in court whenever lawfully required to do so;
     (ii) The records shall be open for inspection by the board of pharmacy; and
     (iii) The records shall be open for inspection by any general or limited authority Washington peace officer to enforce the provisions of this chapter.
     (b) A person violating this subsection is guilty of a misdemeanor.