Section 20. Exemptions from electronic reporting

A. Pharmacies are exempt from entering purchase information into the methamphetamine precursor tracking system when the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine or their salts or isomers, or salts of isomers is sold pursuant to a prescription written by a licensed authorized practitioner.

B. A pharmacy or retail distributor pursuant to § 18.2-265.8 of the Code of Virginia that lacks broadband access or maintains a sales volume of less than 72 grams of ephedrine or related compounds in a 30-day period may be temporarily exempt from the requirement to report transactions to the electronic system if an exemption is granted by the Department of State Police pursuant to § 18.2-265.8 C of the Code of Virginia.

1. In order to be granted an exemption, a pharmacy or retail distributor must submit a written request on the Electronic Reporting Exemption Application provided by the Department of State Police that shall include the following information:

a. The reason for the exemption; and

b. The anticipated duration for which the exemption will be required.

2. An exemption from electronic reporting may not exceed one year.

3. A retailer may request additional exemptions by submitting the form defined in subdivision 1 of this subsection at least 30 days before the current exemption expires.

4. For all sales transactions involving the sale or attempted sale of a restricted product occurring during the period of an exemption at the time of the sale or attempted sale, the retailer shall record into a written logbook, the information required under § 18.2-265.8 A 6 of the Code of Virginia.

5. The written logbook of each sale or attempted sale shall be available for inspection by any law-enforcement officer or board inspector during normal business hours.

6. A pharmacy or retail distributor exempt from electronic reporting shall comply with the provisions of § 18.2-265.10 of the Code of Virginia unless exempted pursuant to § 18.2-265.11 of the Code of Virginia.

C. The Department of State Police will respond in writing to all exemption requests. The response will contain a determination if the exemption is granted or denied and either the duration of the exemption or the reason for denial.

Historical Notes

Derived from Volume 28, Issue 25, eff. January 1, 2013.

Statutory Authority

§ 18.2-265.8 of the Code of Virginia.