PERMANENT RULES
(Board of Pharmacy)
Effective Date of Rule: October 15, 2011.
Purpose: Chapter 246-889 WAC establishes requirements to implement a real-time electronic system to track and monitor sales of nonprescription products containing ephedrine, pseudoephedrine or phenylpropanolamine. The rules establish reporting requirements for pharmacies, shopkeepers, and itinerant vendors that sell restricted products; identify a process to request an exemption from electronic reporting; and provide record retention and security standards.
Citation of Existing Rules Affected by this Order: Repealing WAC 246-889-075, 246-889-080, 246-889-100 and 246-889-105; and amending WAC 246-889-070, 246-889-085, 246-889-090, 246-889-095, and 246-889-110.
Statutory Authority for Adoption: RCW 69.43.165.
Other Authority: RCW 18.64.005.
Adopted under notice filed as WSR 11-14-048 on June 28, 2011.
Changes Other than Editing from Proposed to Adopted Version: WAC 246-889-120 was amended to make the language consistent with other sections in the rule by changing "dispenser" to "retailer" when referring to entities that must comply with the rule. In addition, the last word of this section was changed from "purchase" to "incident" to make clear that reporting the incident to law enforcement is to fully disclose the threat not just the override.
A final cost-benefit analysis is available by contacting Doreen Beebe, Washington State Board of Pharmacy, P.O. Box 47863, Olympia, WA 98504-7863, phone (360) 236-4834, fax (360) 236-2901, e-mail doreen.beebe@doh.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 5, Repealed 4.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 5, Repealed 4.
Date Adopted: August 12, 2011.
A. J. Linggi
Board Chair
OTS-3834.8
NEW SECTION
WAC 246-889-010
Definitions.
The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Board" means the Washington state board of pharmacy.
(2) "Electronic reporting" means detailed reporting obligations of a pharmacy, shopkeeper, or itinerant vendor to submit to the real-time methamphetamine precursor tracking system the retail purchase or attempted purchase of any nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts or isomers, or salts of isomers.
(3) "Law enforcement" means any general or limited authority Washington peace officer or federal law enforcement officer.
(4) "Methamphetamine precursor tracking system" means the real-time electronic sales tracking system established by RCW 69.43.110 used to capture the retail purchase or attempted purchase of any nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts or isomers, or salts of isomers.
(5) "Purchaser" means an individual who purchases or attempts to purchase a restricted product.
(6) "Restricted product" means any nonprescription product containing any detectable quantity of ephedrine, pseudoephedrine, and phenylpropanolamine or their salts or isomers, or salts of isomers.
(7) "Retailer" means a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW that sells, dispenses, or otherwise provides restricted products to purchasers.
(8) "Sale" means the transfer, selling, or otherwise furnishing of any restricted product to any person.
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The legislature has recognized that restricting access to
ephedrine, pseudoephedrine, and phenylpropanolamine products,
or their salts or isomers, or salts of isomers, is a valid
method to reduce the availability of these products for the
((illegal)) manufacture of methamphetamine. To reduce the
((illegal)) use of these products in the manufacture of
methamphetamine, while continuing access for legitimate
purposes, the legislature directed the board to adopt rules to
implement a statewide methamphetamine precursor tracking
system for the ((recording of retail)) nonprescription sales
((involving)) of products containing ephedrine,
pseudoephedrine or phenylpropanolamine ((products)) or their
salts or isomers, or salts of isomers. ((The record of sales
must be collected and maintained in a written or electronic
log or other alternative means. Data from this log will be
used to determine if the log is an effective law enforcement
tool and if the information received is an effective deterrent
to criminal activity. The following rules)) This chapter
describes the requirements for the ((transaction logs)) retail
sales of restricted products.
[Statutory Authority: RCW 69.43.170, 18.64.005. 06-02-010, § 246-889-070, filed 12/22/05, effective 1/1/06.]
(1) ((Review)) Verify the purchaser's ((photo)) identity
by means of acceptable identification as defined in this
chapter. ((The photo identification must include the date of
birth of the purchaser. The))
(2) Ensure that the purchaser ((must be)) is at least
eighteen years of age ((or older)).
(((2))) (3) Record all of the information ((detailed))
required in WAC 246-889-095 ((for)) in the record of
transaction before completing the sale.
[Statutory Authority: RCW 69.43.170, 18.64.005. 06-02-010, § 246-889-085, filed 12/22/05, effective 1/1/06.]
(1) A valid driver's license or instruction permit issued
by any U.S. state or ((province of Canada)) foreign
government. If the ((customer's)) purchaser's driver's
license has expired, he((/)) or she must also show a valid
temporary driver's license with the expired card.
(2) A United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents.
(3) A merchant marine identification card issued by the United States Coast Guard.
(4) ((A state liquor control identification card. An
official age identification card issued by the liquor control
authority of any U.S. state or Canadian province.
(5) A state)) An identification card issued by any
((U.S.)) foreign, federal, or state ((or province of Canada))
government.
(((6))) (5) An official U.S. passport ((issued by any
nation)) or an unexpired foreign passport that contains a
temporary I-551 stamp.
(((7))) (6) An enrollment card issued by the governing
authority of a federally recognized Indian tribe located in
Washington state, if the enrollment card incorporates security
features comparable to those implemented by the department of
licensing for Washington state drivers' licenses ((and are
recognized by the liquor control board)).
[Statutory Authority: RCW 69.43.170, 18.64.005. 06-02-010, § 246-889-090, filed 12/22/05, effective 1/1/06.]
(1) Unless granted an exemption under RCW 69.43.110 upon the sale or attempted sale of a restricted product, each retailer must enter and electronically transmit the following information to the methamphetamine precursor tracking system prior to completion of the transaction:
(a) Sale transaction information including:
(i) Date and time of the intended purchase;
(((2) Name of the purchaser;
(3))) (ii) Product description;
(iii) Quantity of product to be sold including:
(A) Total grams of restricted product per box;
(B) Number of boxes per transaction; and
(b) Purchaser's information including:
(i) Full name as it appears on the acceptable identification;
(ii) Date of birth ((of the purchaser));
(((4) Type)) (iii) The address as it appears on the photo
identification or the current address if the form of photo
identification used does not contain the purchaser's address.
The address information must include the house number, street,
city, state, and zip code;
(iv) Form of photo identification((, agency issuing the
identification)) presented by the purchaser, including the
issuing agency of the acceptable identification, and the
identification number ((if applicable)) appearing on the
identification; and
(((5) Number of packages and the number of tablets per
package.)) (v) Purchaser's signature. If the retailer is not
able to secure an electronic signature, the retailer shall
maintain a hard copy of a signature logbook consisting of each
purchaser's signature and the transaction number provided by
the methamphetamine precursor tracking system.
(c) The full name or initials of the individual conducting the transaction.
(d) Other information as required by the methamphetamine precursor tracking system data base.
(2) If a transaction occurs during a time when the methamphetamine precursor tracking system is temporarily unavailable due to power outage or other technical difficulties, the retailer shall record the information required in this section in a written logbook for entry into the methamphetamine precursor tracking system within seventy-two hours of the system becoming operational.
[Statutory Authority: RCW 69.43.170, 18.64.005. 06-02-010, § 246-889-095, filed 12/22/05, effective 1/1/06.]
(2) Each law enforcement agency's administrator, chief, sheriff, or other chief executive officer shall ensure:
(a) Only authorized employees have access to the data bases;
(b) Each employee use his or her unique password or access code to access the data bases;
(c) Each employee adheres to all state and federal laws regarding confidentiality; and
(d) As employees change, new passwords or access codes are assigned to new employees and passwords of ex-employees or transferred employees are removed.
(3) Retail sales records of restricted products, electronic or written, must be kept for a minimum of two years.
(4) Retail sales records must be destroyed in a manner that leaves the record unidentifiable and nonretrievable.
[Statutory Authority: RCW 69.43.170, 18.64.005. 06-02-010, § 246-889-110, filed 12/22/05, effective 1/1/06.]
(2) A retailer must demonstrate "good cause" to qualify for an exemption from electronic reporting requirements. "Good cause" includes, but is not limited to, situations where the installation of the necessary equipment to access the methamphetamine precursor tracking system is unavailable or cost prohibitive to the retailer.
(a) A retailer must submit a written request on a form provided by the board, which shall include the following information:
(i) The reason for the exemption; and
(ii) The anticipated duration needed for the exemption.
(b) An exemption from electronic reporting may not exceed one hundred eighty days.
(c) A retailer may request additional exemptions by submitting a form defined in this subsection at least thirty days before the current exemption expires. The retailer must show that compliance will cause the business significant hardship.
(d) For all sales transactions involving the sale or attempted sale of a restricted product occurring during the period of an exemption, the retailer shall record into a written logbook, at the time of the sale or attempted sale, the information required under WAC 246-889-095(1).
(e) The written logbook of each sale or attempted sale shall be available for inspection by any law enforcement officer or board inspector during normal business hours.
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(2) In the event that the retailer perceives that refusal of the purchase may place him or her in imminent physical harm, the retailer may use the data base safety override function to proceed with the sale, provided that when the threat is no longer perceived, the retailer must immediately contact local law enforcement to report the incident.
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The following sections of the Washington Administrative Code are repealed:
| WAC 246-889-075 | Definitions. |
| WAC 246-889-080 | Records of sale. |
| WAC 246-889-100 | Methods for collecting, recording, and storing records of sales data. |
| WAC 246-889-105 | Record retention and destruction. |