124.212B - PSEUDOEPHEDRINE SALES -- TRACKING -- PENALTY -- CONTINGENT APPLICABILITY.
124.212B PSEUDOEPHEDRINE SALES -- TRACKING -- PENALTY
-- CONTINGENT APPLICABILITY.
1. The office shall establish a real-time electronic repository
to monitor and control the sale of schedule V products containing any
detectable amount of pseudoephedrine, its salts, or optical isomers,
or salts of optical isomers; ephedrine; or phenylpropanolamine. A
pharmacy dispensing such products shall report all such sales
electronically to a central repository under the control of the
office.
2. The information collected in the central repository is
confidential unless otherwise ordered by a court, or released by the
lawful custodian of the records pursuant to state or federal law.
3. A pharmacy, an employee of a pharmacy, or a licensed
pharmacist shall not be provided access to the stored information in
the electronic central repository. However, a pharmacy, an employee
of a pharmacy, or a licensed pharmacist shall be provided access to
the stored information for the limited purpose of determining what
sales have been made by the pharmacy. A pharmacy, an employee of a
pharmacy, or a licensed pharmacist shall not be given the obligation
or duty to view the stored information.
4. A pharmacy, or an employee of a pharmacy, or a licensed
pharmacist shall not be given the obligation or duty to seek
information from the central repository if the real-time electronic
logbook becomes unavailable for use.
5. If the electronic logbook is unavailable for use, a paper
record for each sale shall be maintained including the purchaser's
signature. Any paper record maintained by the pharmacy shall be
provided to the office for inclusion in the electronic real-time
central repository as soon as practicable.
6. A pharmacy, or an employee of a pharmacy, or a licensed
pharmacist shall not be liable, if acting reasonably and in good
faith, to any person for any claim which may arise when reporting
sales of products enumerated in subsection 1 to the central
repository.
7. A person who discloses information stored in the central
repository in violation of this section commits a simple misdemeanor.
8. Both the office and the board shall adopt rules to administer
this section.
9. The office and the board{ shall report to the board on an
annual basis, beginning January 1, 2010, regarding the repository,
including the effectiveness of the repository in discovering unlawful
sales of pseudoephedrine products.
10. This section is not applicable unless sufficient funding is
received to implement and maintain this section and the office
establishes the statewide real-time central repository. Section History: Recent Form
2009 Acts, ch 25, §4
Referred to in § 124.212C Footnotes
{The words "and the board" probably not intended; corrective
legislation is pending
Governor's office of drug control policy to notify Code editor
when establishment of statewide repository complete; Code editor to
remove subsection 10 upon such completion; 2009 Acts, ch 25, § 9