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39-17-431 - Immediate methamphetamine precursor Prohibitions.

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39-17-431. Immediate methamphetamine precursor Prohibitions. (a)Except as provided in this section, any product that contains any immediate methamphetamine precursor may be dispensed only by a licensed pharmacy. (b)(1)A product or category of products that contains any immediate methamphetamine precursor shall be exempt from the requirements of this section, if the ingredients are not in a form that can be used in the manufacture of methamphetamine. (2)The board of pharmacy, in consultation with the Tennessee bureau of investigation, shall determine whether a product or category of products that contain any immediate methamphetamine precursor is not in a form that can be used in the manufacture of methamphetamine. In making such a determination, the board shall solicit the written opinion of the bureau and work with the bureau to develop procedures that consider, among other factors:(A)The ease with which the product can be converted to methamphetamine, including the presence or absence of a “molecular lock” completely preventing a product's use in methamphetamine manufacture;(B)The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and(C)Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine. (3)The board of pharmacy shall maintain a public list of the exempted products or categories of products. Any person may request that a product or category of products be included on the exemption list. The list shall include, but not be limited to, products in the form of gel capsules and liquid preparations that contain any immediate methamphetamine precursor. The term “gel capsule” means any soft gelatin liquid-filled capsule that contains a liquid suspension, that, in the case of pseudoephedrine, is suspended in a matrix of glycerin, polyethelyne glycol, and propylene glycol, along with other liquid substances. Regardless of the product manufacturer's labeling, a gelatin covered solid does not constitute a “gel capsule” under the provisions of this subdivision (b)(3). (c)A pharmacy shall not sell to the same person more than three (3) individual packages of any nonexempt product containing any immediate methamphetamine precursor, nor shall a pharmacy sell to the same person any combination of the products containing more than nine (9) grams of ephedrine, pseudoephedrine, or their salts, isomers, or salts of isomers, during the same thirty-day period. The nine-gram limit shall apply to the total amount of base ephedrine and pseudoephedrine contained in the products, and not the overall weight of the products. The prohibition contained in this subsection (c) shall not apply to a person who obtains the product or products pursuant to a valid prescription issued by a licensed physician, certified physician assistant, or nurse authorized pursuant to § 63-6-204, who is rendering service under the supervision, control and responsibility of a licensed physician and who meets the requirements pursuant to § 63-7-207(13). (d)The pharmacist, or any pharmacy technician or pharmacy intern under the supervision of the pharmacist, shall require any person purchasing a nonexempt product that contains any immediate methamphetamine precursor to present valid government issued identification at the point of sale. The pharmacist, pharmacy technician or pharmacy intern shall maintain an electronic record of the sale under this subsection (d) and the record may be maintained in the form of a pharmacist prescription order as provided by § 63-10-206(c). The electronic record shall include the name of purchaser; name and quantity of product purchased; date purchased; purchaser identification type and number, such as driver license state and number; and the identity, such as name, initials, or identification code, of the dispensing pharmacist, pharmacy technician or pharmacy intern. If a system is not able to record the identification type and number, the pharmacist, pharmacy technician or pharmacy intern shall write the identification type and number on the prescription order. The electronic record shall also be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased. In lieu of maintaining an electronic record, a pharmacy may maintain a written register containing the name of purchaser, name of product purchased, date purchased, number of packages purchased, total quantity of base ephedrine or pseudoephedrine purchased, purchaser identification type and number, such as driver license state and number, purchaser's signature and name or initials of the pharmacist, pharmacy technician or pharmacy intern. A pharmacy choosing to maintain a written register must retain the register for at least one (1) year. The obligation of meeting the requirements of this subsection (d) rests with the pharmacist. (e)Nonexempt products containing an immediate methamphetamine precursor shall be maintained behind the counter of the pharmacy or in a locked case within view of and within twenty-five feet (25¢) of the counter. (f)A violation of any provision of this section is a Class A misdemeanor, punishable by fine only. If the person in violation is a licensed pharmacy or pharmacist, the violation shall be reported to the board of pharmacy for review and appropriate action. If a product is dispensed in violation of subsection (a), the owner or operator of the wholesale or retail establishment dispensing the product shall be in violation of subsection (a). (g)This section shall supersede any local laws or ordinances currently regulating sales of products containing any immediate methamphetamine precursor.[Acts 1995, ch. 123, § 1; 2005, ch. 18, § 2.]
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  • 39-17-431. Immediate methamphetamine precursor Prohibitions.

    (a)  Except as provided in this section, any product that contains any immediate methamphetamine precursor may be dispensed only by a licensed pharmacy.

    (b)  (1)  A product or category of products that contains any immediate methamphetamine precursor shall be exempt from the requirements of this section, if the ingredients are not in a form that can be used in the manufacture of methamphetamine.

         (2)  The board of pharmacy, in consultation with the Tennessee bureau of investigation, shall determine whether a product or category of products that contain any immediate methamphetamine precursor is not in a form that can be used in the manufacture of methamphetamine. In making such a determination, the board shall solicit the written opinion of the bureau and work with the bureau to develop procedures that consider, among other factors:

              (A)  The ease with which the product can be converted to methamphetamine, including the presence or absence of a “molecular lock” completely preventing a product's use in methamphetamine manufacture;

              (B)  The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and

              (C)  Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine.

         (3)  The board of pharmacy shall maintain a public list of the exempted products or categories of products. Any person may request that a product or category of products be included on the exemption list. The list shall include, but not be limited to, products in the form of gel capsules and liquid preparations that contain any immediate methamphetamine precursor. The term “gel capsule” means any soft gelatin liquid-filled capsule that contains a liquid suspension, that, in the case of pseudoephedrine, is suspended in a matrix of glycerin, polyethelyne glycol, and propylene glycol, along with other liquid substances. Regardless of the product manufacturer's labeling, a gelatin covered solid does not constitute a “gel capsule” under the provisions of this subdivision (b)(3).

    (c)  A pharmacy shall not sell to the same person more than three (3) individual packages of any nonexempt product containing any immediate methamphetamine precursor, nor shall a pharmacy sell to the same person any combination of the products containing more than nine (9) grams of ephedrine, pseudoephedrine, or their salts, isomers, or salts of isomers, during the same thirty-day period. The nine-gram limit shall apply to the total amount of base ephedrine and pseudoephedrine contained in the products, and not the overall weight of the products. The prohibition contained in this subsection (c) shall not apply to a person who obtains the product or products pursuant to a valid prescription issued by a licensed physician, certified physician assistant, or nurse authorized pursuant to § 63-6-204, who is rendering service under the supervision, control and responsibility of a licensed physician and who meets the requirements pursuant to § 63-7-207(13).

    (d)  The pharmacist, or any pharmacy technician or pharmacy intern under the supervision of the pharmacist, shall require any person purchasing a nonexempt product that contains any immediate methamphetamine precursor to present valid government issued identification at the point of sale. The pharmacist, pharmacy technician or pharmacy intern shall maintain an electronic record of the sale under this subsection (d) and the record may be maintained in the form of a pharmacist prescription order as provided by § 63-10-206(c). The electronic record shall include the name of purchaser; name and quantity of product purchased; date purchased; purchaser identification type and number, such as driver license state and number; and the identity, such as name, initials, or identification code, of the dispensing pharmacist, pharmacy technician or pharmacy intern. If a system is not able to record the identification type and number, the pharmacist, pharmacy technician or pharmacy intern shall write the identification type and number on the prescription order. The electronic record shall also be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased. In lieu of maintaining an electronic record, a pharmacy may maintain a written register containing the name of purchaser, name of product purchased, date purchased, number of packages purchased, total quantity of base ephedrine or pseudoephedrine purchased, purchaser identification type and number, such as driver license state and number, purchaser's signature and name or initials of the pharmacist, pharmacy technician or pharmacy intern. A pharmacy choosing to maintain a written register must retain the register for at least one (1) year. The obligation of meeting the requirements of this subsection (d) rests with the pharmacist.

    (e)  Nonexempt products containing an immediate methamphetamine precursor shall be maintained behind the counter of the pharmacy or in a locked case within view of and within twenty-five feet (25¢) of the counter.

    (f)  A violation of any provision of this section is a Class A misdemeanor, punishable by fine only. If the person in violation is a licensed pharmacy or pharmacist, the violation shall be reported to the board of pharmacy for review and appropriate action. If a product is dispensed in violation of subsection (a), the owner or operator of the wholesale or retail establishment dispensing the product shall be in violation of subsection (a).

    (g)  This section shall supersede any local laws or ordinances currently regulating sales of products containing any immediate methamphetamine precursor.

    [Acts 1995, ch. 123, § 1; 2005, ch. 18, § 2.]  

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