HB2686 - 492R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-1971, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1971. Pseudoephedrine products; location; civil penalty; definition

A. Only a pharmacy permittee under this chapter or a nonprescription drug permittee shall offer for sale at retail pseudoephedrine products to the public. A pharmacy permittee or a nonprescription drug permittee must 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.

B. Product packaging that lists pseudoephedrine as an active ingredient is prima facie evidence that the product contains pseudoephedrine.

C. A pharmacy permittee or a nonprescription drug permittee who violates this section is subject to a civil penalty of not more than twenty‑five thousand dollars. The attorney general or the county attorney in the county in which the violation occurred may enforce this section. Enforcement action by the attorney general or a county attorney under this section does not affect the board's ability to pursue disciplinary action against a permittee.

D. The attorney general shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected under this section in the addiction reduction and recovery fund established by section 36-2007. A county attorney shall transfer civil penalties collected under this section to the county health department.

E. For the purposes of this section, "pseudoephedrine" means pseudoephedrine and its salts or optical isomers or salts of its optical isomers. END_STATUTE

Sec. 2. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1977, to read:

START_STATUTE32-1977. Pseudoephedrine; sales; logs; civil penalty; state preemption; definitions

A. Any compound, mixture or preparation that contains any detectable quantity of pseudoephedrine must be dispensed, sold or distributed only by a permittee or a permittee's employee.

B. A permittee or permittee's employee 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 one day. This subsection does not apply to any quantity that is dispensed pursuant to a valid prescription order.

C. At the time of making a purchase, a person who purchases pseudoephedrine must provide the permittee or permittee's employee with an identification document that includes the person's date of birth and the person's photograph and that is issued by a state or the federal government or that is authorized to be used as identification to purchase pseudoephedrine under the combat methamphetamine epidemic act of 2005.

D. A person who purchases pseudoephedrine must enter into a written or electronic log the purchaser's name and address and the time and date of the transaction and must sign the log. A permittee or a permittee's employee must enter into the log the type of identification provided pursuant to subsection C of this section, the name of the product and the amount of pseudoephedrine purchased. The permittee or permittee's employee must verify that the name entered into the log corresponds to the name provided on the identification and that the date and time entered are correct. This subsection does not apply to any purchase of a single sales package if that package contains sixty milligrams of pseudoephedrine or less.

E. The permittee and the permittee's employee must maintain the log in a manner that does not disclose the identity of the purchaser to any other person except to the permittee, an employee of the permittee, the board or a law enforcement officer. The permittee must store the log for at least two years and, if required by local ordinance, must submit a copy of the log to law enforcement. A log maintained pursuant to this subsection shall be available for inspection and copying by the board or law enforcement officers at any time during business hours.

F. The permittee must dispose of a written or electronic log in a manner that ensures the continued confidentiality of information in the log.

G. A permittee who violates this section is subject to a civil penalty of not more than twenty-five thousand dollars. The attorney general or the county attorney in the county in which the violation occurred may enforce this section. Enforcement action by the attorney general or a county attorney under this section does not affect the board's ability to pursue disciplinary action against a permittee.

H. The attorney general shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected under this section in the addiction reduction and recovery fund established by section 36-2007. A county attorney shall transfer civil penalties collected under this section to the county health department.

I. The board may apply for grants and accept gifts, grants or donations to assist in developing and maintaining a statewide computerized system to track pseudoephedrine sales.

J. Product packaging that lists pseudoephedrine as an active ingredient is prima facie evidence that the product contains pseudoephedrine.

K. The regulation and use of pseudoephedrine is a statewide concern. Beginning on the effective date of this section, the regulation and use of pseudoephedrine pursuant to section 32-1971 or this section is not subject to further regulation by a county, city, town or other political subdivision of this state.

L. For the purposes of this section:

1. "Permittee" means a pharmacy permittee or a nonprescription drug permittee.

2. "Pseudoephedrine" means pseudoephedrine and its salts or optical isomers or salts of its optical isomers. END_STATUTE

Sec. 3. Title 36, chapter 18, article 1, Arizona Revised Statutes, is amended by adding section 36-2007, to read:

START_STATUTE36-2007. Addiction reduction and recovery fund

A. The addiction reduction and recovery fund is established for the purpose of funding drug and alcohol abuse services and prevention programs, including programs for methamphetamine abuse services and prevention, through regional behavioral health authorities in this state. The director of the department of health services shall administer the fund.

B. The director may accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this section. These monies do not revert to the state general fund at the end of the fiscal year.

C. All monies deposited in the fund are in addition to any other appropriation, transfer or allocation of public or private monies from any other source and shall not supplant, replace or cause a reduction in other funding sources.

D. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

E. The director shall spend monies in the fund through regional behavioral health authorities in this state as follows:

1. For rural detoxification programs including methamphetamine detoxification programs and related follow‑up services.

2. For substance abuse and addiction prevention programs including methamphetamine abuse and addiction prevention programs. The regional behavioral health authorities shall make efforts to partner with community and faith-based organizations in implementing these programs.

f. The monies described in subsection e of this section shall be used only for the purposes under subsection e of this section and are not subject to the normal administrative withholdings by the department of health services or by the regional behavioral health authorities. END_STATUTE

Sec. 4. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.