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Key Votes

SB 6 - Authorizes Pharmacists to Refuse to Dispense Pseudophedrine without a Prescription - West Virginia Key Vote

Timeline

Issues Related to SB 6

Stage Details

Legislation - Nonconcurrence Vote Passed (Senate) -
Legislation - Bill Passed With Amendment (House) (63-34) - (Key vote)
See How Your Politicians Voted

Title: Authorizes Pharmacists to Refuse to Dispense Pseudophedrine without a Prescription

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that authorizes a pharmacist to refuse to dispense pseudophedrine without a prescription, and authorizes counties to prohibit the sale of pseudophedrine without a prescription.

Highlights:
  • Authorizes a pharmacist to refuse to dispense a product containing ephedrine, pseudoephedrine, or phenylpropanolamine that is not “extraction or conversion resistant” without a prescription to an individual who meets the following criteria:
    • The individual “is not known” to the pharmacist as a “regular customer” of the pharmacy; or
    • The individual has not had at least 1 prescription filled by the pharmacy in the previous 12 months.
  • Defines "extraction or conversion resistant" as a product containing ephedrine, pseudoephedrine or phenylpropanolamine and that, because of its compounding, preparation, mixture or ingredients, has been determined by the Board of Pharmacy to pose a "significantly" reduced risk of use in the manufacture of methamphetamine.
  • Requires the Board to establish a process whereby “pharmacies are made aware” of all drug products that are authorized to be sold, transferred, or dispensed over the counter that contain less than 11 percent of ephedrine, pseudoephedrine, or phenylpropanolamine “that can be used to manufacture methamphetamine”.
  • Reduces the annual limit a pharmacy is authorized to sell, transfer, or dispense of ephedrine, pseudoephedrine, or phenylpropanolamine without a prescription from 48 grams to 24 grams, unless the product is in an extraction or conversion resistant form.
  • Classifies the possession within any 30 day period of more than 3 packages of a drug product containing as its single active ingredient ephedrine, pseudoephedrine, or phenylpropanolamine, or more than 9 grams of those substances in any form, as a misdemeanor, punishable as follows:
    • A fine of up to $1,000;
    • A sentence of up to 1 year in jail; or
    • Both.
  • Requires an individual to obtain a valid prescription prior to obtaining products containing ephedrine, pseudoephedrine, or phenylpropanolamine if that individual has been convicted of the following:
    • An offense which includes the use, possession, or distribution of a drug as an element of the offense; or
    • A violation of the possession limits provisions of this bill or an equivalent statute in another jurisdiction.
  • Authorizes a county commission to adopt an ordinance that prohibits a retail entity in the county from selling, transferring, or dispensing ephedrine, pseudoephedrine, or phenylpropanolamine without a prescription, unless the product is in an extraction or conversion resistant form.
  • Prohibits an ordinance from becoming effective until approved by vote at any primary, general or special election as the county commission directs.
  • Specifies that ephedrine, pseudoephedrine, or phenylpropanolamine possession without a prescription is authorized in a county that has adopted an ordinance if the following conditions are met:
    • It is lawfully purchased in the jurisdiction of sale; and
    • It is possessed with the “intent” that it be used in the “manner and form intended” by the manufacturer is authorized.
  • Exempts from the provisions of an ordinance products containing ephedrine, pseudoephedrine, or phenylpropanolamine which are for pediatric use.
  • Classifies a violation of the ordinance as a misdemeanor, punishable as follows:
    • A fine of up to $1,000 for the first offense; and
    • A fine of at least $10,000 for each subsequent offense.

Legislation - Bill Passed (Senate) (25-9) - (Key vote)
See How Your Politicians Voted

Title: Prohibits Sale of Medicines Containing Pseudoephedrine without Prescription

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

A vote to pass a bill that prohibits a pharmacy from selling medicines containing pseudoephedrine without a prescription.

Highlights:
  • Prohibits a pharmacy from selling, transferring, or dispensing ephedrine, pseudoephedrine, or phenylpropanolamine without a prescription, unless the product has been determined by the Board of Pharmacy to be in an “extraction or conversion resistant” form, whereas existing law placed a daily, monthly, and annual limit on these substances a pharmacy is authorized to sell.
  • Defines “extraction or conversion resistant” as a product containing ephedrine, pseudoephedrine or phenylpropanolamine that has been determined by the Board to pose a “significantly” reduced risk of being used in the manufacture of methamphetamine.
  • Classifies any compound, mixture, or preparation containing ephedrine, pseudoephedrine, or phenylpropanolamine as a Schedule IV drug, except products which are for pediatric use.
  • Requires the Board to establish a process whereby "pharmacies are made aware” of all drug products that contain ephedrine, pseudoephedrine, and phenylpropanolamine that will be classified as a Schedule IV substance, and requires the Board to state which products have been determined to be extraction or conversion resistant and may be sold without a prescription.
  • Specifies that ephedrine, pseudoephedrine, or phenylpropanolamine possession without a prescription is authorized if the following conditions are met:
    • It is lawfully purchased in the jurisdiction of sale; and
    • It is possessed with the “intent” that it be used in the “manner and form intended” by the manufacturer is authorized.
  • Classifies the possession of ephedrine, pseudoephedrine, or phenylpropanolamine that is not in an extraction or conversion resistant form without a prescription as a misdemeanor, punishable as follows:
    • A fine of up to $1,000;
    • A sentence of up to 1 year in jail; or
    • Both.
  • Specifies that an individual in violation of the provisions of this bill shall be discharged if the following conditions are met:
    • The individual has not been previously convicted of violating the provisions of this bill;
    • The court finds that the individual possessed 3.60 grams or less of ephedrine, pseudoephedrine, or phenylpropanolamine which had been lawfully purchased in the jurisdiction of sale; and
    • The court finds that the individual possessed the substances with the “intent” that it be used in the “manner intended” by the manufacturer.
  • Specifies that an individual may only be discharged once.
Legislation - Introduced (Senate) -

Title: Prohibits Sale of Medicines Containing Pseudoephedrine without Prescription

Sponsors

  • Gregory A. Tucker (WV - D) (Out Of Office)

Co-sponsors

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