HOUSE BILL REPORT

SB 6260

As Amended by the House

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

Changing requirements relating to sales of poisons.

House Committe on Commerce & Labor

Majority Report:  Do pass with amendment.  (11)

      Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisher, Jones, R. King, O'Brien, Patrick, Sanders, Sayan, C. Smith and Walker.

House Staff:Joan Elgee (786-7166)

AS PASSED HOUSE MARCH 1, 1988

BACKGROUND:

Following deaths from cyanide-laced medicinal capsules, the legislature in 1987 established a requirement that a person selling poison 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 the purchaser must sign the poison register.

The poison register is subject to inspection by law enforcement and health officials and must be preserved for at least two years.

The poison register requirements do not work well if the sale is made through the mail or some other delivery system in which the purchase is not made in-person.

SUMMARY:

If 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 the purchaser's photograph and signature.

The letter of authorization must include the unified business identifier and address of the business, a full description of how the substance will be used, and the purchaser's signature.  The seller or the employee of the seller delivering the poison must sign the letter as a witness to the signature and identification of the purchaser.

The transaction must be recorded in the poison register.

Letters of authorization must be kept with the poison register, and are subject to the same inspection and preservation provisions as the register.

Fiscal Note:      Requested February 22, 1988.

House Committee ‑ Testified For:    Don Williams, Board of Pharmacy.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The board requests these changes to the procedures for the sale of poisons.

House Committee - Testimony Against:      None Presented.