SB 10 Requires pseudoephedrine products to be sold by a pharmacist or technician
Sponsor: Cauthorn Co-Sponsor(s)
LR Number: 0228L.09T Fiscal Note: 0228-09
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 6/15/2005 - Signed by Governor Journal Page:
Title: HCS SCS SBs 10 & 27 Calendar Position:
Effective Date: Emergency Clause
House Handler: Lipke

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Current Bill Summary


HCS/SCS/SBs 10 & 27 - This act creates restrictions regarding the sale of products containing ephedrine and pseudoephedrine.

This act places ephedrine, its salts, optical isomers and salts of optical isomers, when it is the only active medicinal ingredient, on Schedule IV for controlled substances. This act also places any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or ephedrine on Schedule V for controlled substances. However, products in a liquid or liquid-filled gel capsule form are excluded.

If any of the compounds, mixtures, or preparations containing ephedrine or pseudoephedrine on Schedule V are dispensed, sold, or distributed in a pharmacy without a prescription, they must be sold from behind a pharmacy counter where the public is not permitted and by a pharmacist or registered technician. Within 30 days of this act becoming effective, it must be ensured that the products are for sale behind the counter. Anyone buying these products must be at least 18 years old. The pharmacist must have a person buying these products furnish a photo ID showing his or her birth date if the pharmacist does not know the person.

Within 90 days of this act becoming effective, pharmacists and technicians must maintain a written or electronic log of each transaction. The log must include information, such as the name and address of the purchaser, the amount of the product purchased, the date of the purchase, and the name of the pharmacist or technician who dispensed the product. People selling liquid and gel capsules are exempt from this requirement. All the logs, records and documents maintained about these products shall be open for inspection and copying by law enforcement officers.

Within 30 days of this act becoming effective, any business selling these products that does not have a state and federal controlled substances registration must return them to a manufacturer or distributor or transfer them to a registrant.

Any person who violates these provisions is guilty of a Class A misdemeanor.

Manufacturers may apply with the Department of Health and Senior Services for exemption from the Schedule and the Department may grant such an exemption is the product is not used to illegally manufacture methamphetamine or other drugs. The Department will also create rules on how the pseudoephedrine and ephedrine products on Schedule V will be stored.

Currently, only the amount of ephedrine or pseudoephedrine that can be purchased at one time is limited. This act provides that no person can sell or dispense, and no one can purchase or receive products containing more than nine grams of ephedrine or pseudoephedrine within a 30 day period.

This act is similar to SCS/HCS/HB 441.

This act has an emergency clause.

SUSAN HENDERSON