WSR 02-18-024

PERMANENT RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed August 23, 2002, 9:11 a.m. ]

Date of Adoption: August 8, 2002.

Purpose: The rule-making action adds gamma-butyrolactone (GBL) to the listing of precursor substances in chapter 246-889 WAC to make state law consistent with federal law. GBL is used as a precursor substance to manufacture the controlled substance gamma-hydroxybutyric (GHB). GHB is know to be abused by high school and college students at "rave parties," by [body] builders for its alleged anabolic effects, and in cases of sexual assault.

Citation of Existing Rules Affected by this Order: Amending WAC 246-889-020.

Statutory Authority for Adoption: RCW 69.43.050, 18.64.005.

Adopted under notice filed as WSR 02-11-152 on May 22, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

August 8, 2002

Donna Dockter

Chair

OTS-5642.1


AMENDATORY SECTION(Amending WSR 94-07-105, filed 3/18/94, effective 3/18/94)

WAC 246-889-020   Precursor substance defined.   (1) For the purpose of this chapter a precursor substance is 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) Gamma-butyrolactone (GBL);

(l) Hydriodic acid;

(((l))) (m) Lead acetate;

(((m))) (n) Malonic acid;

(((n))) (o) Methylamine;

(((o))) (p) Methylformamide;

(((p))) (q) Methylephedrine;

(((q))) (r) Methylpseudoephedrine;

(((r))) (s) N-acetylanthranilic acid;

(((s))) (t) Norpseudoephedrine;

(((t))) (u) Phenylacetic acid;

(((u))) (v) Phenylpropanolamine;

(((v))) (w) Piperidine;

(((w))) (x) Pseudoephedrine; and

(((x))) (y) Pyrrolidine.

Provided; that this definition shall not include any drug that contains ephedrine, phenylpropanolamine, or pseudoephedrine or any cosmetic if that drug or cosmetic can be lawfully sold, transferred, or furnished over-the-counter without a prescription or by a prescription under chapter 69.04 or 69.41 RCW.

(2) The board finds that the reference to methylformanide in RCW 69.43.010, was intended to refer to methylformamide and corrects that reference by deleting "methylformanide" and adding "methylformamide." This change is based upon the finding that this revision conforms to the tests set forth in RCW 69.43.010(2).

(3) Registrants should be aware that precursor substances in subsection (1)(a), (f), (k), (l), (n), (o), (p), (t), and (w) of this section are also regulated as schedule II immediate precursors pursuant to WAC 246-887-150 and all applicable rules and laws governing the distribution of schedule II controlled substances must also be complied with.

[Statutory Authority: RCW 18.65.005 and 18.64.005. 94-07-105, 246-889-020, filed 3/18/94, effective 3/18/94. Statutory Authority: RCW 69.43.050. 92-12-035 (Order 277B), 246-889-020, filed 5/28/92, effective 6/28/92. Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-889-020, filed 8/30/91, effective 9/30/91. Statutory Authority: 1988 c 147 5. 88-14-096 (Order 218), 360-38-010, filed 7/6/88.]

Washington State Code Reviser's Office