(Board of Pharmacy)
Date of Adoption: April 9, 2003.
Purpose: The purpose of this rule is to set criteria for reporting suspicious transactions involving ephedrine, pseudoephedrine, and phenylpropanolamine. These drugs are used to manufacture the illicit drug, methamphetamine.
Citation of Existing Rules Affected by this Order: Amending chapter 246-889 WAC.
Statutory Authority for Adoption: RCW 69.43.035.
Other Authority: RCW 18.64.005(7).
Adopted under notice filed as WSR 03-06-002 on February 19, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
April 10, 2003
Susan Teil Boyer
WAC 246-889-050 Suspicious transactions. Any manufacturer or wholesaler who sells, transfers, or furnishes any substance specified in RCW 69.43.010(1) or WAC 246-889-020 to any person shall report any suspicious transaction in writing to the state board of pharmacy. For the purpose of this rule, a "suspicious transaction" is defined as:
(1) Any sale or transfer that would lead a reasonable person to believe that the substance is likely to be used for the purpose of unlawfully manufacturing a controlled substance under chapter 69.50 RCW, based on such factors as:
(a) The amount of the substance involved;
(b) The method of payment;
(c) The method of delivery; or
(d) Any past dealings with any participant in the transaction.
(2) The transaction involves payment for any substance specified in RCW 69.43.010(1) or WAC 246-889-020 in cash or money orders in a total amount of more than two hundred dollars.
(3) Any sale or transfer of any substance specified in RCW 69.43.010(1) or WAC 246-889-020 that meets the criteria identifying suspicious orders in Appendix A of the U.S. Department of Justice, Drug Enforcement Administration, Diversion Control Program Report of the Suspicious Orders Task Force. Copies of the publication are available upon request from the state board of pharmacy.
(4) In addition to the above suspicious transaction criteria, the following requirements shall apply to over-the-counter wholesalers and full-line wholesalers:
(a) An over-the-counter wholesaler shall also use the following formula to identify a suspicious transaction:
(i) Any wholesaler whose individual sale or transfer of any product specified in RCW 69.43.010(1) or WAC 246-889-020 exceeds ten percent of the seller's distribution, during the same calendar month, shall be considered a suspicious transaction (e.g., if a wholesaler sells one thousand dollars' worth of pseudoephedrine tablets during a month in which less than ten thousand dollars of other goods are sold to its customers). In this case, the sales to each of the customers must be reported to the board.
(ii) Any time the value of a sale to a single customer of any product listed in RCW 69.43.010(1) or WAC 246-889-020 exceeds ten percent of the value of the full order shipped to the customer (e.g., if a wholesaler sells an order to a customer which contains one hundred dollars' worth of the pseudoephedrine tablets either alone or along with twenty-five dollars' worth of aspirin tablets).
(b) A full-line wholesaler shall also use the formula listed in Appendix E-3 of the U.S. Department of Justice, Drug Enforcement Administration, Diversion Control Program Report of the Suspicious Orders Task Force to identify a suspicious transaction.
(5) The written report of a suspicious transaction shall contain, at a minimum, the following information:
(a) Name, address and phone number of the manufacturer and/or wholesaler making the report;
(b) Name and address of the person or firm receiving the suspicious transaction;
(c) Quantity of substance purchased, transferred, or furnished;
(d) Date of purchase, transfer, or furnish; and
(e) Method of payment of the substance.