(2) A pharmacist or pharmacy technician may transfer a drug containing pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine without a prescription from a practitioner to a person who is 18 years of age or older and who provides to the pharmacist or pharmacy technician the person’s valid government-issued photo identification.
(3) Prior to the transfer of a drug described in subsection (2) of this section, a pharmacist or pharmacy technician shall submit the following information to the electronic system described in subsection (6) of this section:
(a) The date and time of the transfer;
(b) The name, address and date of birth of the person to whom the transfer will be made;
(c) The form of government-issued photo identification and identification number of the person to whom the transfer will be made;
(d) The name of the government agency that issued the photo identification; and
(e) The name of the drug that will be transferred and the amount of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine, specified in grams, to be transferred.
(4) If, after receiving the information submitted under subsection (3) of this section, the electronic system generates an alert to not proceed with the transfer, the pharmacist or pharmacy technician may not transfer the drug described in subsection (2) of this section to the person, except as provided in subsection (6) of this section.
(5)(a) Upon transferring a drug described in subsection (2) of this section, the pharmacist or pharmacy technician shall require the person to whom the drug is transferred to sign an electronic or written log that shows the date of the transfer, the name of the person to whom the transfer is made and the amount transferred of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine, specified in grams.
(b) The log described in this subsection must be retained at the pharmacy where the transfer was made for at least two years from the date of the transaction.
(c) A law enforcement agency may obtain information contained in a log described in this subsection through a lawfully issued subpoena accepted by the State Board of Pharmacy. The board shall accept a lawfully issued subpoena under this paragraph, and shall adopt rules to carry out this paragraph. The board may designate a third party vendor as the custodian of records, including of a log described in this subsection.
(6)(a) For purposes of tracking the transfer of drugs described in subsection (2) of this section, a pharmacy shall use an electronic system designed to prevent illegal transfer of drugs described in subsection (2) of this section. The electronic system must:
(A) Be capable of tracking transfers nationwide in real time;
(B) Be capable of generating an alert described in subsection (4) of this section;
(C) Allow a pharmacist to override an alert described in subsection (4) of this section if, in the discretion of the pharmacist, the transfer is necessary to protect the person to whom the transfer will be made from imminent bodily harm;
(D) Be able to communicate in real time with similar systems operated in other states and the District of Columbia, including with similar systems that contain information submitted by more than one state;
(E) For each transfer, allow for the recording of:
(i) The information described in subsection (3) of this section;
(ii) The number of packages of the drug transferred;
(iii) The total amount of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine transferred, specified in grams;
(iv) The name of the drug transferred;
(v) Either the signature of the person to whom the drug is transferred or a unique number connecting the transfer transaction to an electronic or written log described in subsection (5) of this section; and
(vi) The name or initials of the pharmacist or pharmacy technician who transferred the drug;
(F) Be free of charge to a pharmacy;
(G) Be accessible at no charge to law enforcement and to other authorized personnel, as determined by the board, through an online portal or at the pharmacy;
(H) Retain information submitted for at least two years from the date of transaction; and
(I) Be accompanied by training, 24-hour online support and a toll-free support telephone hotline.
(b) A pharmacist who uses the override function described in this subsection shall record in the electronic system the use of the override.
(7) A drug described in subsection (2) of this section must be:
(a) Transferred from behind a pharmacy counter; and
(b) Stored behind the pharmacy counter in an area that is closed to the public.
(8) A person, other than a pharmacy, may not receive more than 3.6 grams per transfer, or more than nine grams in a 30-day period, of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine.
(9) This section does not apply to a drug that contains pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine when the drug is transferred pursuant to a prescription.
(10) In addition to rules adopted under subsection (5) of this section, the board may adopt other rules as necessary to carry out this section.
(11) Violation of this section, or a rule adopted pursuant to this section, is a Class A misdemeanor. [2021 c.297 §2]