(1) The state board of pharmacy, using procedures under chapter 34.05 RCW, shall implement and conduct a statewide pilot project requiring the collection and maintenance of written or electronic logs or other alternative means of recording retail transactions involving ephedrine, pseudoephedrine, or phenylpropanolamine. The rules implementing the pilot project shall be in place by January 1, 2006.

     (2) The pilot project shall be designed to address:

     (a) Whether a log or other means of recording a transaction is an effective law enforcement tool;

     (b) What information is needed to make logs or other means of recording a transaction useful as a deterrent to criminal activity;

     (c) The most effective method of obtaining, recording, and storing log or other electronic data in the least intrusive manner available;

     (d) How long the information recorded in the logs or other means of recording a transaction should be maintained; and

     (e) How logs or other means of recording a transaction can be most effectively transmitted to law enforcement and the state board of pharmacy.

     (3) The board shall convene a work group to evaluate the data collected during the pilot project. The work group shall consist of:

     (a) One representative from law enforcement appointed by the Washington association of sheriffs and police chiefs;

     (b) One representative from the Washington state patrol;

     (c) One representative appointed by the Washington association of prosecuting attorneys;

     (d) One representative appointed by the office of the attorney general;

     (e) One representative appointed by the state board of pharmacy; and

     (f) Two representatives from the retail industry.

     (4) The state board of pharmacy shall begin data collection for the pilot project no later than January 1, 2006, and report to the legislature no later than November 1, 2007, regarding the findings of the work group along with any recommendations or proposed legislation.

     (5) Any orders and rules adopted under this section not in conflict with state law continue in effect until modified, superseded, or repealed. The board may implement rule changes based upon the results of the pilot project and recommendations of the work group.

     (6)(a) The records required by this section are for the confidential use of the pharmacy, shopkeeper, or itinerant vendor, except that:

     (i) Every pharmacy, shopkeeper, or itinerant vendor shall produce the records in court whenever lawfully required to do so;

     (ii) The records shall be open for inspection by the board of pharmacy; and

     (iii) The records shall be open for inspection by any general or limited authority Washington peace officer to enforce the provisions of this chapter.

     (b) A person violating this subsection is guilty of a misdemeanor.

[2005 c 388 § 8.]

NOTES:

     Finding -- Effective dates -- Severability -- 2005 c 388: See notes following RCW 69.43.105.