Real-Time Electronic Logbook for a Pharmacy to Record Purchases of Pseudoephedrine and Other Similar Substances

Suggested State Legislation: This Act directs the state crime center to develop and operate a real-time electronic logbook to enable pharmacies to record purchases of Ephedrine, Pseudoephedrine, and Phenylpropanolamine. The Act requires pharmacies to enter such purchases in the electronic logbook.

Submitted as:
Arkansas
Act 508 of 2007
Status: Enacted into law in 2007.

Suggested State Legislation: 2009 Volume

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(Title, enacting clause, etc.)

Section 1. [Short Title.] This Act shall be cited as “An Act to Provide for a Real-Time Electronic Logbook for a Pharmacy to Record Purchases of Ephedrine, Pseudoephedrine, and Phenylpropanolamine.”

Section 2. [Legislative Findings.] The [General Assembly] finds that:
(a) [insert citation] requires sales involving products containing Ephedrine, Pseudoephedrine, and Phenylpropanolamine be recorded into a written or electronic log at each individual pharmacy;
(b) the state has experienced a significant decrease in the manufacture of Methamphetamine;
(c) In order to assist law enforcement in its efforts to further combat Methamphetamine, the state needs a centralized real-time electronic logbook to document transactions made at pharmacies which involve the sale of products containing Ephedrine, Pseudoephedrine, and Phenylpropanolamine.

Section 3. [Pharmacy Duty to Maintain Ephedrine, Pseudoephedrine, or Phenylpropanolamine Sales Log.]
(a) (1) A pharmacy shall:
(A) maintain a written or electronic log or receipts of transactions involving the sale of  Ephedrine, Pseudoephedrine, or Phenylpropanolamine; and
(B) enter any transaction required to be maintained by this section into the real-time electronic logbook maintained by the state [Crime Information Center] under [section 4 of this Act].
(2) A person buying, receiving, or otherwise acquiring Ephedrine, Pseudoephedrine, or Phenylpropanolamine is required to:
(A) produce current and valid proof of identity; and
(B) sign a written or electronic log or receipt that documents the date of the transaction, the name of the person, and the quantity of pseudoephedrine or ephedrine purchased, received, or otherwise acquired.(30 3) The requirements of subdivisions (a)(1) and (a)(2)(B) are satisfied by entering the information required to be produced into the real-time electronic logbook maintained by the state [Crime Information Center] under section 4 of this Act.

Section 4. [Real-time Electronic Logbook.]
(a) (1) the state [Crime Information Center] shall provide pharmacies in this state access to a real-time electronic logbook for the purpose of entering into the real-time electronic logbook any transaction required to be reported by this Act.
(2) The real-time electronic logbook shall have the capability to calculate both state and  federal Ephedrine, Pseudoephedrine, or Phenylpropanolamine purchase limitations.
(b) The [Crime Information Center] may contract with a private vendor to implement this
section.
(c) The [Crime Information Center] shall not charge a pharmacy any fee:
(1) to support the establishment or maintenance of the real-time logbook; or
(2) for any computer software required to be installed as part of the real-time electronic logbook.

Section 5. [Confidentiality of Information.]
(a) Information entered into the real-time electronic logbook is confidential and is not be
subject to the [insert citation].
(b) Except as authorized under [insert citation], the [Crime Information Center] shall not disclose any information entered, collected, recorded, transmitted, or maintained in the real-time electronic logbook.

Section 6. [Authorized Access to the Real-Time Electronic Logbook.] The [Crime Information Center] shall provide access to the real-time electronic logbook to the following:
(1) Any person authorized to prescribe or dispense products containing Ephedrine,
Pseudoephedrine, or Phenylpropanolamine for the purpose of providing medical care or
pharmaceutical care;
(2) A local, state, or federal law enforcement official or a local, state, or federal prosecutor;
(3) A local, state, or federal official who requests access for the purpose of facilitating a product recall necessary for the protection of the public health and safety; and
(4) The [State Board of Pharmacy] for the purpose of investigating a suspicious transaction, as allowed under [insert citation].

Section 7. [Promulgation of Rules.] The [Crime Information Center], after consulting with the [State Board of Pharmacy], shall promulgate rules necessary to:
(1) implement the provisions of this Act;
(2) ensure the real-time electronic logbook enables a pharmacy to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at that pharmacy;
(3) allow a pharmacy to determine whether it will access information concerning sales of ephedrine, pseudoephedrine, or phenylpropanolamine made at other pharmacies in this
state; and
(4) ensure that the real-time electronic logbook does not allow access to a competitor's pricing information for Ephedrine, Pseudoephedrine, and Phenylpropanalomine.

Section 8. [Destruction of Records.] The [Crime Information Center] shall destroy any transaction record maintained in the real-time electronic logbook within [two (2)] years from the date of its entry unless the transaction record is being used 79 in an ongoing criminal investigation criminal proceeding.

Section 9. [Liability of Pharmacy.] A pharmacy in this state is not liable civilly for a sale of Ephedrine, Pseudoephedrine, or Phenylpropanolamine that occurs at another pharmacy in this state.

Section 10. [Penalty for Unauthorized Disclosure and Unauthorized Access.]
(a) A person commits an offense under this Act if he or she knowingly:
(1) releases or discloses to any unauthorized person any confidential information collected and maintained under this Act; or
(2) obtains confidential information for a purpose not authorized by this Act.
(b) A violation of subsection (a) of this section is a [Class A misdemeanor].

Section 11. [Severability.] [Insert severability clause.]

Section 12. [Repealer.] [Insert repealer clause.]

Section 13. [Effective Date.] [Insert effective date.]