69.43.010 - Report to state board of pharmacy -- List of substances -- Modification of list -- Identification of purchasers -- Report of transactions -- Penalties.

Report to state board of pharmacy — List of substances — Modification of list — Identification of purchasers — Report of transactions — Penalties.

(1) A report to the state board of pharmacy shall be submitted in accordance with this chapter by a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes to any person 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) Lead acetate;

     (l) Malonic acid;

     (m) Methylamine;

     (n) Methylformamide;

     (o) Methylephedrine;

     (p) Methylpseudoephedrine;

     (q) N-acetylanthranilic acid;

     (r) Norpseudoephedrine;

     (s) Phenylacetic acid;

     (t) Phenylpropanolamine;

     (u) Piperidine;

     (v) Pseudoephedrine; and

     (w) Pyrrolidine.

     (2) The state board of pharmacy shall administer this chapter and may, by rule adopted pursuant to chapter 34.05 RCW, add a substance to or remove a substance from the list in subsection (1) of this section. In determining whether to add or remove a substance, the board shall consider the following:

     (a) The likelihood that the substance is useable as a precursor in the illegal production of a controlled substance as defined in chapter 69.50 RCW;

     (b) The availability of the substance;

     (c) The relative appropriateness of including the substance in this chapter or in chapter 69.50 RCW; and

     (d) The extent and nature of legitimate uses for the substance.

     (3)(a) Any manufacturer, wholesaler, retailer, or other person shall, before selling, transferring, or otherwise furnishing any substance specified in subsection (1) of this section to any person, require proper identification from the purchaser.

     (b) For the purposes of this subsection, "proper identification" means:

     (i) A motor vehicle operator's license or other official state-issued identification of the purchaser containing a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number;

     (ii) The motor vehicle license number of any motor vehicle owned or operated by the purchaser;

     (iii) A letter of authorization from any business for which any substance specified in subsection (1) of this section is being furnished, which includes the business license number and address of the business;

     (iv) A description of how the substance is to be used; and

     (v) The signature of the purchaser.

     The person selling, transferring, or otherwise furnishing any substance specified in subsection (1) of this section shall affix his or her signature as a witness to the signature and identification of the purchaser.

     (c) A violation of or a failure to comply with this subsection is a misdemeanor.

     (4) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance specified in subsection (1) of this section to any person shall, not less than twenty-one days before delivery of the substance, submit a report of the transaction, which includes the identification information specified in subsection (3) of this section to the state board of pharmacy. However, the state board of pharmacy may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance if the state board of pharmacy determines that either of the following exist:

     (a) A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the recipient of the substance; or

     (b) The recipient has established a record of using the substance for lawful purposes.

     (5) Any person specified in subsection (4) of this section who does not submit a report as required by subsection (4) of this section is guilty of a gross misdemeanor.

[2001 c 96 § 2; 1998 c 245 § 107; 1988 c 147 § 1.]

Notes: Intent -- 2001 c 96: "Communities all over the state of Washington have experienced an increase in the illegal manufacture of methamphetamine. Illegal methamphetamine labs create a significant threat to the health and safety of the people of the state. Some of the chemicals and compounds used to make methamphetamine, and the toxic wastes the process generates, are hazards to the public health. Increases in crime, violence, and the abuse and neglect of children present at laboratory sites are also associated with the increasing number of illegal laboratory sites. The drugs ephedrine, pseudoephedrine, and phenylpropanolamine, which are used in the illegal manufacture of methamphetamine, have been identified as factors in the increase in the number of illegal methamphetamine labs. Therefore, it is the intent of the legislature to place restrictions on the sale and possession of those three drugs in order to reduce the proliferation of illegal methamphetamine laboratories and the associated threats to public health and safety." [2001 c 96 § 1.]

Severability -- 2001 c 96: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2001 c 96 § 15.]