09 SB
56/HRCSFA
HOUSE
SUBSTITUTE TO SENATE BILL 56
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating
to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth
Log for electronically recording the identity of those individuals purchasing
certain medications used for the production of methamphetamine, including
pseudoephedrine; to provide a statement of purpose; to provide for definitions;
to provide for a misdemeanor penalty for noncompliance; to amend Article 5 of
Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to
prescription drugs, so as to limit a pharmacist from substituting a drug as part
of immunosuppressive therapy or a drug prescribed for the treatment of
epilepsy;
to provide for related matters; to repeal conflicting laws; and for other purposes.
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
purpose of this Act is to reduce and prevent the operation of clandestine
methamphetamine laboratories and the contamination of private property by such
laboratories in Georgia. At this time, the state does not have a centralized
real-time electronic logbook able to record purchases of products containing
ephedrine, pseudoephedrine, and phenylpropanolamine. The failure to have such a
centralized electronic data base permits and encourages criminals to illegally
purchase large quantities of such products for the production of methamphetamine
by going from store to store, and, sometimes, from state to state. Georgia law
enforcement officials need this critical tool to combat methamphetamine
production. Other states have adopted similar measures, thereby encouraging
methamphetamine producers to relocate to states, such as Georgia, that are
unable to track their unlawful activities. Immediate action is needed by the
General Assembly to protect Georgia's citizens, especially Georgia's children,
from the increasing harm caused by methamphetamine producers.
SECTION
2.
Chapter
3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by adding a new article to read as
follows:
"ARTICLE
2A
35-3-50.
As used in this article, the term:
(1) 'Pharmacy or retailer' shall mean any place or business authorized to make retail sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine to consumers.
(2) 'StopMeth Log' shall mean Georgia's real-time electronic logbook system maintained by the Georgia Bureau of Investigation for the purpose of recording information relating to the purchase of products containing ephedrine, pseudoephedrine, or phenylpropanolamine and for monitoring such information for the prevention of illegal purchases of such products.
As used in this article, the term:
(1) 'Pharmacy or retailer' shall mean any place or business authorized to make retail sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine to consumers.
(2) 'StopMeth Log' shall mean Georgia's real-time electronic logbook system maintained by the Georgia Bureau of Investigation for the purpose of recording information relating to the purchase of products containing ephedrine, pseudoephedrine, or phenylpropanolamine and for monitoring such information for the prevention of illegal purchases of such products.
35-3-51.
(a) To the extent funds are available, the Georgia Bureau of Investigation is authorized to establish the StopMeth Log and may utilize any federal, state, or other grant funds available or donations of funds or property for purposes relating to the initiation, implementation, and operation of the electronic log.
(b) Where the Georgia Bureau of Investigation has provided access to the StopMeth Log by making the system available through the Internet, a pharmacy or retailer shall be required to enter into the StopMeth Log information pertaining to each transaction involving the sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine as required by this article. Information to be entered on the StopMeth Log shall include the full name, address, and date of birth of the purchaser, the date of purchase, the quantity purchased or attempted to be purchased, and such other Information as required by the Georgia Bureau of Investigation.
(c) A person purchasing, receiving, or otherwise acquiring or attempting to aquire a product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall be required to produce current, valid photographic identification of such purchaser and sign a written or electronic log or receipt that documents the date of the transaction, the full name, address, and date of birth of the person, and the quantity of ephedrine, pseudoephedrine, or phenylpropanolamine purchased, received, or otherwise acquired or attempted to be acquired. No person shall purchase or attempt to purchase an amount of ephedrine, pseudoephedrine, or phenylpropanolamine in violation of state or federal law.
(d) A person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. Each separate purchase or attempted purchase made in violation of this statute shall constitute a separate offense. Each transaction where records are not generated or maintained shall constitute a separate offense. An offense created by this Code section shall not merge with any other charge or offense.
(a) To the extent funds are available, the Georgia Bureau of Investigation is authorized to establish the StopMeth Log and may utilize any federal, state, or other grant funds available or donations of funds or property for purposes relating to the initiation, implementation, and operation of the electronic log.
(b) Where the Georgia Bureau of Investigation has provided access to the StopMeth Log by making the system available through the Internet, a pharmacy or retailer shall be required to enter into the StopMeth Log information pertaining to each transaction involving the sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine as required by this article. Information to be entered on the StopMeth Log shall include the full name, address, and date of birth of the purchaser, the date of purchase, the quantity purchased or attempted to be purchased, and such other Information as required by the Georgia Bureau of Investigation.
(c) A person purchasing, receiving, or otherwise acquiring or attempting to aquire a product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall be required to produce current, valid photographic identification of such purchaser and sign a written or electronic log or receipt that documents the date of the transaction, the full name, address, and date of birth of the person, and the quantity of ephedrine, pseudoephedrine, or phenylpropanolamine purchased, received, or otherwise acquired or attempted to be acquired. No person shall purchase or attempt to purchase an amount of ephedrine, pseudoephedrine, or phenylpropanolamine in violation of state or federal law.
(d) A person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. Each separate purchase or attempted purchase made in violation of this statute shall constitute a separate offense. Each transaction where records are not generated or maintained shall constitute a separate offense. An offense created by this Code section shall not merge with any other charge or offense.
35-3-52.
(a) To the extent funds are available, the Georgia Bureau of Investigation shall make the StopMeth Log available through the Internet to pharmacies and retailers in this state. The Georgia Bureau of Investigation may conduct pilot projects or designate areas of operation which include less than all areas of this state.
(b) The StopMeth Log shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations, to match similar identification information, and to alert pharmacies and retailers of potential illegal purchases. Except as authorized by this article, the Georgia Bureau of Investigation shall not disclose any information entered, collected, recorded, transmitted, or maintained on the StopMeth Log.
(c) The Georgia Bureau of Investigation shall provide Internet access to information maintained in the StopMeth Log to the following:
(1) Any person who is authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care;
(2) Any 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 misconduct or a suspicious transaction committed by a pharmacy, an employee of a pharmacy, or pharmacist.
(d) The Georgia Bureau of Investigation shall promulgate rules necessary to implement the provisions of this article and to ensure that the StopMeth Log enables a pharmacy or retailer to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at a pharmacy or retailer. The Georgia Bureau of Investigation shall prescribe the manner in which a pharmacy or retailer shall enter the information required by the bureau under this article. Records maintained within the StopMeth Log may be destroyed at such time as the Georgia Bureau of Investigation determines is appropriate but not sooner than three years from the date of the entry of such record."
(a) To the extent funds are available, the Georgia Bureau of Investigation shall make the StopMeth Log available through the Internet to pharmacies and retailers in this state. The Georgia Bureau of Investigation may conduct pilot projects or designate areas of operation which include less than all areas of this state.
(b) The StopMeth Log shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations, to match similar identification information, and to alert pharmacies and retailers of potential illegal purchases. Except as authorized by this article, the Georgia Bureau of Investigation shall not disclose any information entered, collected, recorded, transmitted, or maintained on the StopMeth Log.
(c) The Georgia Bureau of Investigation shall provide Internet access to information maintained in the StopMeth Log to the following:
(1) Any person who is authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care;
(2) Any 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 misconduct or a suspicious transaction committed by a pharmacy, an employee of a pharmacy, or pharmacist.
(d) The Georgia Bureau of Investigation shall promulgate rules necessary to implement the provisions of this article and to ensure that the StopMeth Log enables a pharmacy or retailer to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at a pharmacy or retailer. The Georgia Bureau of Investigation shall prescribe the manner in which a pharmacy or retailer shall enter the information required by the bureau under this article. Records maintained within the StopMeth Log may be destroyed at such time as the Georgia Bureau of Investigation determines is appropriate but not sooner than three years from the date of the entry of such record."
SECTION
2A.
Article
5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating
to prescription drugs, is amended by adding a new Code section to read as
follows:
"26-4-81.1.
(a) A pharmacist shall not engage in drug product selection or substitution of any primary immunosuppressant pharmaceutical that is prescribed as a part of immunosuppressive therapy for a patient who has received an organ or tissue transplant without first notifying the patient or his or her designee. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile, or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for organ or tissue transplant patient.'
(b) A pharmacist shall not engage in drug product selection or substitution of any drug prescribed for the treatment of epilepsy or to treat and prevent seizures that is prescribed as a part of the treatment for epilepsy or seizures. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile, or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for epilepsy' or 'for seizures.'"
"26-4-81.1.
(a) A pharmacist shall not engage in drug product selection or substitution of any primary immunosuppressant pharmaceutical that is prescribed as a part of immunosuppressive therapy for a patient who has received an organ or tissue transplant without first notifying the patient or his or her designee. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile, or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for organ or tissue transplant patient.'
(b) A pharmacist shall not engage in drug product selection or substitution of any drug prescribed for the treatment of epilepsy or to treat and prevent seizures that is prescribed as a part of the treatment for epilepsy or seizures. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile, or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for epilepsy' or 'for seizures.'"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.