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Missouri News: Combat Methamphetamine Epidemic Act of 2005
Published in the May 2006 Missouri Board of Pharmacy Newsletter
Congress recently passed, and President George W. Bush signed into law, the new Patriot Act, which also contains the federal initiative to thwart the manufacturing and distribution of methamphetamine. There are portions of this law still to be proposed as regulations in the near future, but the federal law will require changes in how pharmacies dispense ephedrine, pseuodephedrine, and phenylpropanolamine products. Highlights are as follows: All forms of these products are covered under the federal law. There are no exceptions. While the federal act does not make any products a controlled substance (CS), it designates all nonprescription drug products as a “scheduled listed chemical product.” Retail pharmacies will be limited to dispensing no more than 3.6 grams/day to a consumer or 9 grams over a 30-day period. Non-liquid forms such as gelcaps must be sold in unit dose packages. Additional information required in the log book will include the date and time of each transaction, the use of photo identification for proof of identity, and the purchaser must sign the log book. A notice must be available with the log book that will notify purchasers that any false statements in the log book may result in criminal penalties. Training of personnel that assist in any transactions of these products will be required. Pharmacies will have to certify online with the United States attorney general that such training has taken place. A self-certification process for pharmacies will be required as well. Regulations governing this process and the fact that it will be completed over the Internet will be proposed by the US Attorney General’s office. The same office will be promulgating rules concerning the maintenance of confidentiality of the log book information. Release of information by a pharmacist to state, federal, or local law enforcement agencies in good faith will be immune from civil liability. Pharmacies will be required to take steps not to employ persons who present a risk of theft or diversion. The effective date for most of the provisions of the Act will be September 30, 2006. The limit on single transaction sales and the requirement for dosage units in blister packs became effective on April 8, 2006.
