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H0272aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
PSEUDOEPHEDRINE - Amends existing law to prescribe conditions for sale of
any compound, mixture or preparation containing certain quantities of
pseudoephedrine, its salts or optical isomers, or salts of optical isomers
with exceptions; and to provide procedures.
02/28 House intro - 1st rdg - to printing
03/01 Rpt prt - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 36-32-2
AYES -- Anderson, Barraclough, Bastian, Bell, Bilbao, Black, Block,
Boe, Bolz, Collins, Deal, Field(18), Field(23), Garrett, Henbest,
Henderson, Jaquet, Jones, LeFavour, Martinez, Mitchell, Nielsen,
Pasley-Stuart, Pence, Ring, Ringo, Rusche, Sayler, Shepherd(2),
Shirley, Skippen, Smith(30), Smith(24), Trail, Wills, Mr. Speaker
NAYS -- Andrus, Barrett, Bayer, Bedke, Bradford, Chadderdon, Clark,
Crow, Denney, Edmunson, Ellsworth, Eskridge, Hart, Harwood, Kemp,
Loertscher, Mathews, McGeachin, McKague, Miller, Moyle, Nonini,
Raybould, Roberts, Rydalch, Sali, Schaefer, Shepherd(8), Smylie,
Snodgrass, Stevenson, Wood
Absent and excused -- Cannon, Lake
Floor Sponsors - Ring, Wills, & Mitchell
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Jud
03/22 Rpt out - to 14th Ord
03/23 Rpt out amen - to 1st rdg as amen
03/24 1st rdg - to 2nd rdg as amen
03/25 2nd rdg - to 3rd rdg as amen
03/29 3rd rdg as amen - PASSED - 26-7-2
AYES -- Andreason, Broadsword, Bunderson, Burtenshaw, Cameron,
Coiner, Compton, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hill, Jorgenson, Keough, Little, Lodge, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Williams
NAYS -- Burkett, Corder, Kelly, Langhorst, Malepeai, Marley, Werk
Absent and excused -- Brandt, McGee
Floor Sponsor - Lodge
Title apvd - to House
03/30 House did not concur in Senate amens
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 272
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2713, IDAHO CODE, TO
3 PRESCRIBE CONDITIONS FOR SALE OF ANY COMPOUND, MIXTURE, OR PREPARATION
4 CONTAINING CERTAIN QUANTITIES OF PSEUDOEPHEDRINE, ITS SALTS OR OPTICAL
5 ISOMERS, OR SALTS OF OPTICAL ISOMERS WITH EXCEPTIONS AND TO PROVIDE PROCE-
6 DURES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 37-2713, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 37-2713. SCHEDULE V. (a) Schedule V shall consist of the drugs and other
11 substances, by whatever official name, common or usual name, chemical name, or
12 brand name designated, listed in this section.
13 (b) Narcotic drugs. Unless specifically excepted or unless listed in
14 another schedule, any material, compound, mixture, or preparation containing
15 any of the following narcotic drugs and their salts, as set forth below.
16 (c) Narcotic drugs containing nonnarcotic active medicinal ingredients.
17 Any compound, mixture, or preparation containing any of the following limited
18 quantities of narcotic drugs or salts thereof, which shall include one (1) or
19 more nonnarcotic active medicinal ingredients in sufficient proportion to con-
20 fer upon the compound, mixture, or preparation, valuable medicinal qualities
21 other than those possessed by the narcotic drug alone:
22 (1) Not more than 200 milligrams of codeine per 100 milliliters or per
23 100 grams;
24 (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters
25 or per 100 grams;
26 (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or
27 per 100 grams;
28 (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25
29 micrograms of atropine sulfate per dosage unit;
30 (5) Not more than 100 milligrams of opium per 100 milliliters or per 100
31 grams;
32 (6) Not more than 0.5 milligrams difenoxin and not less than 25
33 micrograms of atropine sulfate per dosage unit.
34 (d) Pseudoephedrine. Any compound, mixture or preparation containing any
35 detectable quantity of pseudoephedrine, its salts or optical isomers, or salts
36 of optical isomers if pseudoephedrine is the only active ingredient in such
37 compound mixture or preparation (single entity pseudoephedrine).
38 (1) No compound, mixture or preparation as specified in this subsection
39 (d) may be dispensed, sold or distributed except in a pharmacy under the
40 following conditions:
41 (i) It shall be dispensed, sold or distributed only by a licensed
42 pharmacist or a licensed pharmacy technician; and
43 (ii) Any person purchasing, receiving or otherwise acquiring any
2
1 compound, mixture or preparation shall produce a photo identification
2 showing the date of birth of the person and shall sign a written log
3 or receipt showing the date of the transaction, name of the person,
4 and the amount of the compound, mixture or preparation.
5 (2) The provisions of this subsection (d) do not apply to the sale of any
6 compound, mixture or preparation where any single dosage unit contains 30
7 milligrams or more of pseudoephedrine in combination with any other active
8 ingredient or ingredients (multiple entity pseudoephedrine) provided that
9 such product is sold through vendor assisted sales where the customer has
10 no access to the product except through the assistance of the seller.
11 (3) No person shall purchase, receive or otherwise acquire more than 9
12 grams of any product, mixture or preparation within any thirty (30) day
13 period; provided, this limit shall not apply to any quantity of such prod-
14 uct, mixture or preparation dispensed pursuant to a valid prescription.
15 (4) The provisions of this subsection (d) do not apply to any sale,
16 transfer, furnishing or receipt of any drug that contains pseudoephedrine
17 or its salts, isomers or salts of isomers if the compound, mixture or
18 preparation is in liquid, liquid capsule, or gel capsule form. The board
19 may remove a product, mixture or preparation from the schedule which the
20 board finds is not used in the illegal manufacture of methamphetamine or
21 other controlled dangerous substances. A manufacturer of a drug product
22 may apply for removal of the product from the schedule if the product is
23 determined by the board to have been formulated in such a way as to effec-
24 tively prevent the conversion of the active ingredient into methamphet-
25 amine. Upon written application from the Idaho state police, that a prod-
26 uct, mixture or preparation needs to be added to the schedule because the
27 public health and safety has been jeopardized due to the product, mixture
28 or preparation having been used in the illegal manufacture of methamphet-
29 amine or other controlled dangerous substances, the board shall promulgate
30 a temporary rule placing the product, mixture or preparation in schedule
31 V.
32 (e) Other substances. Unless specifically excepted or unless listed in
33 another schedule, any material, compound, mixture or preparation which con-
34 tains any quantity of the following substances, including its salts:
35 (1) Propylhexedrine (except as Benzedrex (TM) inhaler);
36 (2) Pyrovalerone.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Lodge
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 272
1 AMENDMENT TO THE BILL
2 On page 1 of the printed bill, delete lines 8 through 43, delete page 2
3 and insert:
4 "SECTION 1. That Chapter 27, Title 37, Idaho Code, be, and the same is
5 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
6 ignated as Section 37-2727, Idaho Code, and to read as follows:
7 37-2727. WHOLESALER RESPONSIBILITY -- PSEUDOEPHEDRINE. (1) Every whole-
8 saler registered with the board of pharmacy pursuant to section 37-2716, Idaho
9 Code, who distributes single entity pseudoephedrine or any other pseudoephed-
10 rine containing products included by the board pursuant to subsection (2) of
11 this section, shall provide the board with complete records on their sales as
12 follows:
13 (a) A monthly report must be submitted no later than the twentieth day of
14 the month immediately following the month in which the distribution takes
15 place;
16 (b) The report must include a listing of all retail vendors to whom a
17 product was sold, the name of the proprietary product(s), package size(s),
18 date shipped and quantity shipped.
19 (c) The board may assess an administrative penalty not to exceed one hun-
20 dred dollars ($100) for a first offense, five hundred dollars ($500) for a
21 second offense within two (2) years and one thousand dollars ($1,000) for
22 a third offense within three (3) years.
23 (2) The board of pharmacy, by rule, may include for tracking purposes
24 compounds, mixtures, or preparations containing pseudoephedrine or its salts,
25 isomers or salts of isomers in combination with other active ingredients if
26 the product is determined to have been formulated in such a way as to be
27 effective for conversion of an active ingredient into methamphetamine.".
28 CORRECTION TO TITLE
29 On page 1, delete lines 2 through 6 and insert:
30 "RELATING TO CONTROLLED SUBSTANCES; AMENDING CHAPTER 27, TITLE 37, IDAHO CODE,
31 BY THE ADDITION OF A NEW SECTION 37-2727, IDAHO CODE, TO PROVIDE FOR
32 WHOLESALER REPORTS FOR PRODUCTS CONTAINING PSEUDOEPHEDRINE, TO PROVIDE
33 ADMINISTRATIVE PENALTIES AND TO PROVIDE RULES BY THE BOARD OF PHARMACY
34 REGARDING PRODUCTS CONTAINING PSEUDOEPHEDRINE THAT MAY BE CONVERTED INTO
35 METHAMPHETAMINE.".
STATEMENT OF PURPOSE
RS 15074
The purpose of this legislation is to place pseudoephedrine as a
Class V drug, with exceptions for certain preparations.
FISCAL IMPACT
None.
Contact
Name: Representatives Ring, Wills,
Rusche, and Mitchell
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 272