Microsoft word - act508.doc

Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
Act 508 of the Regular Session
4 5 By: Senators Wilkins, Malone, B. Pritchard, Salmon, Capps, T. Smith, Glover, Bookout, Broadway, 6 Critcher, G. Jeffress, Laverty, Madison, Miller, Steele, Trusty, Wilkinson, Womack 7 By: Representatives Davenport, Hoyt, Reynolds, Hawkins, Wells, Pace, Webb, Abernathy, Adcock, 8 Berry, Blount, T. Bradford, Breedlove, Burris, Cash, Cheatham, Cooper, Cornwell, D. Creekmore, 9 Dickinson, S. Dobbins, Dunn, Edwards, D. Evans, Everett, Flowers, George, Glidewell, R. Green, Hardy, 10 Harrelson, Harris, D. Hutchinson, J. Johnson, Kenney, Key, Kidd, Lovell, Maloch, M. Martin, Maxwell, 11 Norton, Overbey, Patterson, Pennartz, Pierce, Powers, S. Prater, Ragland, Rainey, J. Roebuck, Rogers, 12 Saunders, Shelby, Stewart, Sullivan, Sumpter, Thyer, Wagner, Walters, Wills, Wood, Wyatt 13 14 15 For An Act To Be Entitled
AN ACT TO PROVIDE FOR A REAL-TIME ELECTRONIC LOGBOOK FOR A PHARMACY TO RECORD PURCHASES OF PHENYLPROPANOLAMINE; TO REQUIRE A PHARMACY TO ENTER CERTAIN TRANSACTIONS INTO THE ELECTRONIC INFORMATION CENTER TO MAINTAIN AND CONTROL ACCESS TO THE ELECTRONIC LOGBOOK; TO PROVIDE PENALTIES FOR UNAUTHORIZED DISCLOSURE AND ACCESS; AND FOR Subtitle
02-27-2007 09:30 GLG062
As Engrossed: S2/27/07
1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 2 3 (a) Act 256 of 2005 requires that sales involving products containing 6 ephedrine, pseudoephedrine, and phenylpropanolamine be recorded into a 7 written or electronic log at each individual pharmacy; 8 (b) Since the passage of Act 256 of 2005, the state has experienced a 9 significant decrease in the manufacture of methamphetamine; (c) At this time, the state does not have a centralized real-time 11 electronic logbook that can record purchases at a pharmacy of products 12 containing ephedrine, pseudoephedrine, and phenylpropanolamine; and 13 (d) In order to assist law enforcement in its efforts to combat 14 methamphetamine, the state needs a centralized real-time electronic logbook 15 to document transactions made at pharmacies that involve the sale of products 16 containing ephedrine, pseudoephedrine, and phenylpropanolamine. 17 18 SECTION 2. Arkansas Code § 5-64-1103(c)(1), concerning a pharmacy's 19 duty to maintain a log of its transactions involving the sale of ephedrine, 20 pseudoephedrine, or phenylpropanolamine, is amended to read as follows: 21 (A) maintain Maintain a written or electronic log or 23 receipts of transactions involving the sale of ephedrine, pseudoephedrine, or 24 phenylpropanolamine; and 25 (B) Enter any transaction required to be maintained by 26 this section into the real-time electronic logbook maintained by the Arkansas 27 Crime Information Center under § 5-64-1104. 28 (2) A person purchasing, receiving, or otherwise acquiring 29 ephedrine, pseudoephedrine, or phenylpropanolamine is required to: 30 (A) Produce current and valid proof of identity; and (B) Sign a written or electronic log or receipt that 32 documents the date of the transaction, the name of the person, and the 33 quantity of pseudoephedrine or ephedrine purchased, received, or otherwise 34 acquired. 35 (3) The requirements of subdivisions (c)(1)and (c)(2)(B) are 36 satisfied by entering the information required to be produced into the real- As Engrossed: S2/27/07
1 time electronic logbook maintained by the Arkansas Crime Information Center 2 under § 5-64-1104. 3 SECTION 3. Arkansas Code Title 5, Chapter 64, Subchapter 11 is amended 4 to add additional sections to read as follows: 5 5-64-1104. Real-time electronic logbook. (a)(1) Subject to available funding, on or before May 15, 2008, the 7 Arkansas Crime Information Center shall provide pharmacies in this state 8 access to a real-time electronic logbook for the purpose of entering into the 9 real-time electronic logbook any transaction required to be reported by § 5- (2) The real-time electronic logbook shall have the capability 12 to calculate both state and federal ephedrine, pseudoephedrine, or 13 phenylpropanolamine purchase limitations. 14 (b) The Arkansas Crime Information Center may contract with a private (c) The Arkansas Crime Information Center shall not charge a pharmacy (1) To support the establishment or maintenance of the real-time (2) For any computer software required to be installed as part 21 of the real-time electronic logbook. 22 5-64-1105. Confidentiality of information. (a) Information entered into the real-time electronic logbook is 24 confidential and is not be subject to the Freedom of Information Act of 1967, 25 § 25-19-101 et seq. 26 (b) Except as authorized under § 5-64-1106 or otherwise by law, the 27 Arkansas Crime Information Center shall not disclose any information entered, 28 collected, recorded, transmitted, or maintained in the real-time electronic 29 logbook. 30 31 5-64-1106. Authorized access to the real-time electronic logbook. The Arkansas Crime Information Center shall provide access to the real- 33 time electronic logbook to the following: 34 (1) Any person authorized to prescribe or dispense products 35 containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose 36 of providing medical care or pharmaceutical care; As Engrossed: S2/27/07
(2) A local, state, or federal law enforcement official or a 2 local, state, or federal prosecutor; 3 (3) A local, state, or federal official who requests access for 4 the purpose of facilitating a product recall necessary for the protection of 5 the public health and safety; and 6 (4) The Arkansas State Board of Pharmacy for the purpose of 7 investigating a suspicious transaction, as allowed under § 5-64-1006. 8 9 The Arkansas Crime Information Center, after consulting with the 11 Arkansas State Board of Pharmacy, shall promulgate rules necessary to: 12 (1) Implement the provisions of §§ 5-64-1103(c)(1)(B) and 5-64- (2) Ensure the real-time electronic logbook enables a pharmacy 15 to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine 16 occurring at that pharmacy; 17 (3) Allow a pharmacy to determine whether it will access 18 information concerning sales of ephedrine, pseudoephedrine, or 19 phenylpropanolamine made at other pharmacies in this state; and 20 (4) Ensure that the real-time electronic logbook does not allow 21 access to a competitor's pricing information for ephedrine, pseudoephedrine, 22 and phenylpropanalomine. 23 The Arkansas Crime Information Center shall destroy any transaction 25 record maintained in the real-time electronic logbook within two (2) years 26 from the date of its entry unless the transaction record is being used in an 27 ongoing criminal investigation or criminal proceeding. 28 29 A pharmacy in this state is not liable civilly for a sale of ephedrine, 31 pseudoephedrine, or phenylpropanolamine that occurs at another pharmacy in 32 this state. 33 34 5-64-1110. Penalty for unauthorized disclosure and unauthorized (a) A person commits an offense if he or she knowingly: As Engrossed: S2/27/07
(1) Releases or discloses to any unauthorized person any 2 confidential information collected and maintained under § 5-64-1105 or § 5-3 64-1106; or 4 (2) Obtains confidential information for a purpose not 5 authorized by § 5-64-1105 or § 5-64-1106. 6 (b) A violation of subsection (a) of this section is a Class A APPROVED:
3/27/2007

Source: http://ssl.csg.org/dockets/29cycle/29A/2009adocketbills/2129a10ar.pdf