PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1541
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 32-1971, Arizona Revised Statutes, is amended to read:
32-1971. Pseudoephedrine products; location; definition
A. Only a pharmacy permittee under this chapter shall offer for sale at retail pseudoephedrine products to the public. A pharmacy permittee shall keep all products in which that contain pseudoephedrine is the single active ingredient behind a store counter or in a locked facility that is inaccessible to customers without the assistance of the permittee or an employee of the permittee, except that this restriction does not apply to liquid, liquid capsule or gel capsule forms of these products, but such products shall be accessible to licensees.
B. Product packaging that lists pseudoephedrine as an active ingredient shall constitute prima facie evidence that it is a product containing pseudoephedrine.
C. For the purposes of this section, "pseudoephedrine" means pseudoephedrine and its salts or optical isomers or salts of its optical isomers.
Sec. 2. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1973, to read:
32-1973. Pseudoephedrine; sale; logs; unprofessional conduct; penalties; violation; classification; definition
A. Any compound, mixture or preparation that contains any detectable quantity of pseudoephedrine must be dispensed, sold or distributed only by a person licensed pursuant to this chapter.
B. A licensee shall not dispense, sell or distribute to a person more than nine grams of pseudoephedrine within a thirty day period or more than 3.6 grams in a day. This subsection does not apply to any quantity that is dispensed pursuant to a valid prescription order.
C. A licensee shall not dispense, sell or distribute pseudoephedrine to a person who is under eighteen years of age.
D. At the time of making a purchase, a person who purchases pseudoephedrine must provide the licensee with identification that includes the person's date of birth and the person's photo. For the purposes of this subsection, "identification" means:
1. A driver license or other government issued identification.
2. A passport.
3. A tribal identification card.
4. Proper military identification.
E. A purchaser shall enter into a written or electronic log the purchaser’s name and the date of the transaction and shall sign the log. A licensee shall enter into the log the birth date of the purchaser, the type of identification provided pursuant to subsection D of this section and the amount of the pseudoephedrine purchased.
F. The pharmacy shall maintain the log in a manner that does not disclose the identity of the purchaser to any other person except a pharmacist or other individual who is licensed pursuant to this chapter or to law enforcement. The pharmacy must store the log for at least ninety days or, if required by local ordinance, must submit the log to law enforcement. A log maintained pursuant to this subsection must be open for inspection and copying by peace officers at any time during business hours.
G. A licensee who does not maintain a log as prescribed by subsections E and f of this section commits an act of unprofessional conduct and is subject to disciplinary action by the board.
H. If a pharmacy maintains a log that does not comply with the requirements of this section, the pharmacy permittee commits an act of unethical conduct and is subject to disciplinary action by the board, which shall include the following actions for each individual pharmacy location:
1. For a first violation, an advisory letter.
2. For a second violation that occurs at least one day after the advisory letter, a civil penalty of fifty dollars.
3. For a third violation that occurs at least one day after the second violation, a civil penalty of one hundred fifty dollars.
4. For a fourth violation that occurs at least one day after the third violation, a civil penalty of three hundred dollars.
5. For a fifth violation that occurs at least one day after the fourth violation, a civil penalty of five hundred dollars.
6. For each subsequent violation, a civil penalty of one thousand dollars per day.
I. If a pharmacy refuses to enter the required information in a log, the pharmacy permittee commits an act of unethical conduct and is subject to disciplinary action by the board, which shall include for each individual pharmacy location a civil penalty of one thousand dollars per day.
J. The pharmacy must dispose of a written or electronic log in a manner that ensures the continued confidentiality of information in the log.
K. A person who offers or presents, whether accepted or not, a forged instrument or an instrument that contains false information for use as identification during the course of a transaction for the purchase of pseudoephedrine products may be prosecuted pursuant to section 13-2002, subsection A, paragraph 3. In any prosecution pursuant to section 13-2002, subsection A, paragraph 3, the knowing presentation of a forged instrument or an instrument that contains false information during the course of a transaction for the purchase of pseudoephedrine products may give rise to an inference that the instrument was offered or presented with the intent to defraud.
L. A violation of subsection k of this section may be enforced by the attorney general or a county attorney.
M. The provisions of this section shall be cumulative and supplemental to ordinances adopted by cities and towns and shall not be construed to prohibit cities and towns from enacting ordinances regulating pseudoephedrine.
N. The department of public safety may apply for grants and accept gifts, grants or donations to assist in developing and maintaining a statewide computerized system to track pseudoephedrine sales.
O. For the purposes of this section, "pseudoephedrine" means pseudoephedrine and its salts or optical isomers or salts of its optical isomers.
P. Product packaging that lists pseudoephedrine as an active ingredient shall constitute prima facie evidence that it is a product containing pseudoephedrine.
Sec. 3. Effective date
Sections 32-1971 and 32‑1973, Arizona Revised Statues, as amended by this act, is effective from and after September 30, 2006.”