2005 Legislation
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HOUSE BILL NO. 272 – Pseudoephedrine, sale

HOUSE BILL NO. 272

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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