Bill Text: AZ HB2086 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Sale of dextromethorphan; age requirement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-23 - Chapter 162 [HB2086 Detail]
Download: Arizona-2014-HB2086-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2086 |
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AN ACT
amending title 32, chapter 18, article 3, Arizona Revised Statutes, by adding section 32-1978; amending section 32-1996, Arizona Revised Statutes; relating to pharmacies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1978, to read:
32-1978. Sale of dextromethorphan; age requirement; exception; violation; civil penalty; definitions
A. It is prohibited for:
1. Any commercial entity to knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person who is under eighteen years of age.
2. Any person who is under eighteen years of age to purchase a finished drug product containing any quantity of dextromethorphan.
3. Any person to possess, receive or distribute unfinished dextromethorphan, unless the person is registered pursuant to the federal food, drug, and cosmetic act or is appropriately licensed with the board.
B. A person making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale, unless the person making the sale reasonably presumes the purchaser to be at least twenty‑five years of age based on the purchaser's outward appearance.
C. Subsection A of this section does not apply to common carriers that possess, receive or distribute unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons that are registered under section 510 of the federal food, drug, and cosmetic act or that are appropriately licensed with the board.
D. This section does not impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, other restrictions on a consumer's direct access to finished drug products or the maintenance of transaction records.
E. A person who sells or trades a finished drug product containing any quantity of dextromethorphan to a person who is under eighteen years of age shall receive a warning for a first offense and shall pay a civil penalty of fifty dollars for a second offense, unless the person provides documentation that there is an employee training program in place.
F. This section does not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.
G. For the purposes of this section:
1. "Common carrier" means any person that holds itself out to the general public as a provider for hire of the transportation of merchandise, whether or not the person actually operates the vehicle by which the transportation is provided within, to or from the United States.
2. "Finished drug product" means a drug that is legally marketed under the federal food, drug, and cosmetic act and that is in finished dosage form.
3. "Unfinished dextromethorphan" means dextromethorphan in any form, compound, mixture or preparation that is not a finished drug product.
Sec. 2. Section 32-1996, Arizona Revised Statutes, is amended to read:
32-1996. Violations; classification
A. Except as provided in this section, a person who violates this chapter:
1. Without the intent to defraud or mislead is guilty of a class 2 misdemeanor.
2. With the intent to defraud or mislead is guilty of a class 5 felony.
B. A person who violates section 32‑1965, paragraph 4 or article 3.1 of this chapter, is guilty of a class 2 felony.
C. Any person who secures a license or permit for that person or for another person by knowingly making a false representation, who fraudulently claims to be licensed as a pharmacist or pharmacy intern within the meaning of this chapter or who knowingly engages in the practice of pharmacy without a license is guilty of a class 2 misdemeanor.
D. A person who secures a license as a pharmacy technician or a pharmacy technician trainee for that person or for another person by knowingly making a false representation, who fraudulently claims to be licensed as a pharmacy technician or a pharmacy technician trainee or who knowingly performs the duties of a pharmacy technician or a pharmacy technician trainee without a license is guilty of a class 2 misdemeanor.
E. A person who dispenses a human growth hormone in violation of this chapter is guilty of a class 6 felony.
F. A court convicting any person for a violation of this chapter shall, immediately after the date of conviction, send a complete copy of the record of the conviction, including the person's name and offense committed, to the executive director of the board.
g. A person who violates section 32-1978 shall be issued a civil penalty only as set forth in that section.
