69.43.165 - Ephedrine, pseudoephedrine, phenylpropanolamine -- Electronic sales tracking system -- Board of pharmacy authority to adopt rules.

Ephedrine, pseudoephedrine, phenylpropanolamine — Electronic sales tracking system — Board of pharmacy authority to adopt rules.

(1) The board of pharmacy shall implement a real-time electronic sales tracking system to monitor the nonprescription sale of products in this state containing any detectable quantity of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, provided that the system is available to the state without cost for accessing the system to the state or retailers. The board is authorized to enter into a public-private partnership, through a memorandum of understanding or similar arrangement, to make the system available.

     (2) The records submitted to the tracking system are for the confidential use of the pharmacy, shopkeeper, or itinerant vendor who submitted them, except that:

     (a) The records must be produced in court when lawfully required;

     (b) The records must be open for inspection by the board of pharmacy; and

     (c) The records must be available to any general or limited authority Washington peace officer to enforce the provisions of this chapter or to federal law enforcement officers in accordance with rules adopted by the board of pharmacy regarding the privacy of the purchaser of products covered by chapter 182, Laws of 2010 and law enforcement access to the records submitted to the tracking system as provided in this section consistent with the federal combat meth act.

     (3) The electronic sales tracking system shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits in RCW 69.43.110 (1) and (2). The system shall contain an override function for use by a dispenser of ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, who has a reasonable fear of imminent bodily harm. Each instance in which the override function is utilized shall be logged by the system.

     (4) The board of pharmacy shall have the authority to adopt rules necessary to implement and enforce the provisions of this section. The board of pharmacy shall adopt rules regarding the privacy of the purchaser of products covered by chapter 182, Laws of 2010, and any public or law enforcement access to the records submitted to the tracking system as provided in subsection (2)(c) of this section consistent with the federal combat meth act.

     (5) The board of pharmacy may not raise licensing or registration fees to fund the rule making or implementation of this section.

[2010 c 182 § 3.]