Bill requiring pharmacies to maintain electronic records of pseudoephedrine or ephedrine sales

Beginning January 1, 2013, House Bill 2941 requires any pharmacy that dispenses sells or distributes any compound mixture or preparation containing any detectable quantity of base pseudoephedrine or ephedrine, its salts or optical isomers, or salts of optical isomers shall maintain an electronic record of the sale.  The electronic record of the sale shall include the following information:

·         Name and address of the purchaser;

·         Date of birth of the purchaser;

·         Type of identification and number;

·         Date and time of the purchase; 

·         Name and quantity of base pseudoephedrine or ephedrine purchased in grams, but not the overall weight of the products; and

·         Name, initials and registration number of the licensed pharmacist or registered pharmacy technician.

If the electronic tracking service is not able to record the identification type and identification number of the purchaser, the licensed pharmacist or a registered pharmacy technician shall write the identification type and number on the order.  The electronic record shall also be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased.

By January 1, 2013, each pharmacy in this state shall have in place and operational all equipment necessary to access and use a real-time electronic methamphetamine precursor tracking service which is approved by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.  The electronic methamphetamine precursor tracking service shall be available free of charge to all law enforcement agencies within the state for purposes of viewing and searching the database.  Pharmacies shall be permitted to access only the information that is submitted by said pharmacy and such access shall be available free of charge.  The electronic methamphetamine precursor tracking service shall be self-sustaining and shall not require the use of state or federal taxpayer dollars to operate.  The tracking service shall operate and communicate in real-time throughout the state and across state lines with similar multistate systems.  The tracking service shall be capable of tracking all required information and generating a stop-sale alert to notify a pharmacy that an attempted purchase by a person of pseudoephedrine or ephedrine exceeds maximum limit.

This bill also changes the limit from 9 grams in a 30 day period to three and four-tenths (3.4) grams of any product, mixture, or preparation per day or more than seven and one-tenth (7.1) grams of any product, mixture, or preparation within any thirty-day period or sixty (60) grams of any product, mixture, or preparation within a twelve-month period.  Once a person has purchased, received or otherwise acquired the daily limit of three and four-tenths (3.4) grams of any product, mixture or preparation, the person shall be prohibited from purchasing, receiving or otherwise acquiring any additional product, mixture or preparation containing any detectable quantity of base pseudoephedrine or ephedrine for a period of not less than seventy-two (72) hours following the last permitted purchase.

The electronic tracking service shall contain an override function that may be used by a dispenser of pseudoephedrine or ephedrine products who has a reasonable fear of imminent bodily harm if the sale is not completed.  Each instance in which the override function is utilized shall be logged by the electronic tracking service.

The information entered, stored and maintained by the electronic methamphetamine precursor tracking service shall be confidential and shall only be accessed by law enforcement officials, health care professionals and licensed pharmacists for the purpose of controlling the sale of methamphetamine precursors.

A person who violates any of the provisions of this law shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars.

Any second or subsequent stop-sale alert that occurs when a person attempts to purchase a pseudoephedrine or ephedrine product or products shall permanently prohibit said person from further purchasing, receiving or otherwise acquiring any additional pseudoephedrine or ephedrine product or products.  The person may make application to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control for removal from the stop-sale alert tracking program.

The bill has passed the house and has been referred to the Senate Appr/Sub-Public Safety and Judiciary Committee.