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S1101................................................by JUDICIARY AND RULES DRUGS - Adds to existing law to provide duties of retailers selling or distributing products containing phenylpropanolamine or pseudoephedrine, or their salts, isomers or salts of isomers; to provide duties of the Board of Pharmacy; to provide rules; to provide maximum amounts that may be acquired in a thirty day period; to provide that a city or county may not adopt any ordinance that would impose conditions or requirements more stringent or broader in scope; and to provide penalties. 02/08 Senate intro - 1st rdg - to printing 02/09 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1101 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES; AMENDING CHAPTER 27, TITLE 37, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 37-2727, IDAHO CODE, TO PROVIDE DUTIES OF 4 RETAILERS SELLING OR DISTRIBUTING PRODUCTS CONTAINING PHENYLPROPANOLAMINE 5 OR PSEUDOEPHEDRINE OR THEIR SALTS, ISOMERS OR SALTS OF ISOMERS, TO PROVIDE 6 DUTIES OF THE BOARD OF PHARMACY, TO PROVIDE EXEMPTIONS, TO PROVIDE RULES, 7 TO PROVIDE MAXIMUM AMOUNTS THAT MAY BE ACQUIRED IN A THIRTY DAY PERIOD, TO 8 PROVIDE THAT A CITY OR COUNTY MAY NOT ADOPT ANY ORDINANCE THAT WOULD 9 IMPOSE CONDITIONS OR REQUIREMENTS MORE STRINGENT OR BROADER IN SCOPE THAN 10 THIS ACT AND TO PROVIDE PENALTIES. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 27, Title 37, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 37-2727, Idaho Code, and to read as follows: 15 37-2727. RETAILERS SELLING PHENYLPROPANOLAMINE OR PSEUDOEPHEDRINE. (1) It 16 shall be unlawful to sell or distribute products containing phenylpropanol- 17 amine or pseudoephedrine or their salts, isomers or salts of isomers by any 18 means other than vendor assisted sales where the customer has no access to the 19 product except through the assistance of the seller. 20 (2) Any retailer or other person, before selling, transferring or other- 21 wise furnishing any drug or cosmetic that contains phenylpropanolamine or 22 pseudoephedrine or their salts, isomers or salts of isomers to any other per- 23 son, shall require: 24 (a) A government-issued photo identification showing the name and address 25 of the transferee to be the same as is recorded in the log; and 26 (b) The transferee to sign a log or receipt showing the date of the 27 transaction, the printed name of the transferee, and the amount of the 28 compound, the name of the mixture or preparation and the method of pay- 29 ment for the transaction. All information required by this subsection 30 shall be recorded in a log. 31 (3) The records of sales and transfers required by this section shall be 32 available for inspection by the board of pharmacy and its authorized represen- 33 tatives and shall be maintained for one (1) year. 34 (4) The provisions of this section do not apply to any sale, transfer, 35 furnishing or receipt of any drug that contains phenylpropanolamine or pseudo- 36 ephedrine or their salts, isomers or salts of isomers if: 37 (a) The compound, mixture, or preparation is in liquid, liquid capsule, 38 or gel capsule form; 39 (b) The phenylpropanolamine or pseudoephedrine is not the only active 40 ingredient unless such drug is included by rule of the board pursuant to 41 subsection (5) of this section; 42 (c) Such drug or cosmetic consists of a glycerin matrix that inhibits 43 conversion into a controlled substance. 2 1 (5) The board of pharmacy, by rule, may include compounds, mixtures, or 2 preparations containing phenylpropanolamine, pseudoephedrine or their salts, 3 isomers or salts of isomers in combination with other active ingredients if 4 the product is determined to have been formulated in such a way as to be 5 effective for conversion of an active ingredient into methamphetamine. 6 (6) No person shall purchase, receive or otherwise acquire more than nine 7 (9) grams of any product, mixture or preparation within any thirty (30) day 8 period; provided, this limit shall not apply to any quantity of such product, 9 mixture or preparation dispensed pursuant to a valid prescription. 10 (7) A city or county may not adopt any ordinance that would impose condi- 11 tions or requirements more stringent or broader in scope than this section. 12 (8) A violation of this section shall be a misdemeanor.
STATEMENT OF PURPOSE RS 14804C1 The purpose of this legislation is to control the purchase of compounds used in methamphetamine production. FISCAL IMPACT None. Contact Name: Sen. Mike Burkett Phone: 332-1351 STATEMENT OF PURPOSE/FISCAL NOTE S 1101