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Regular Session, 2012
HOUSE BILL NO. 688
BY REPRESENTATIVE LIGI
DRUGS/CONTROLLED: Provides relative to products containing pseudoephedrine,
ephedrine, and phenylpropanolamine
AN ACT1
To amend and reenact R.S. 40:964(Schedule V)(E) and to repeal R.S. 40:962.1, 962.1.1, and2
Part X-F, comprised of R.S. 40:1049.1 through 1049.11, relative to products3
containing pseudoephedrine, ephedrine, and phenylpropanolamine; to require that4
the sale of products containing pseudoephedrine, ephedrine, and5
phenylpropanolamine require a prescription; to repeal provisions of law regarding6
the sale of certain products containing ephedrine, pseudoephedrine, and7
phenylpropanolamine; to repeal provisions of law regarding the monitoring of the8
purchase of nonprescription products containing ephedrine, pseudoephedrine, and9
phenylpropanolamine; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 40:964(Schedule V)(E) is hereby amended and reenacted to read as12
follows: 13
ยง964. Composition of schedules14
Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S.15
40:962, consist of the following drugs or other substances, by whatever official16
name, common or usual name, chemical name, or brand name designated:17
* * *18
SCHEDULE V19
* * *20 HLS 12RS-1066 ORIGINAL
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E.(1) Ephedrine, pseudoephedrine, phenylpropanolamine. Unless listed in1
another schedule, any material, compound, mixture, or preparation containing any2
detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their3
salts or optical isomers, or salts of optical isomers.4
(2)(a) Nonprescription products containing ephedrine, pseudoephedrine, or5
phenylpropanolamine shall not be sold or distributed in a quantity greater than nine6
grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base to the7
same purchaser within any thirty-day period.8
(b) Notwithstanding the Pursuant to the prescription requirements for9
Schedule V controlled dangerous substances as provided for in R.S. 40:978(C),10
nonprescription products containing ephedrine, pseudoephedrine, or11
phenylpropanolamine may shall not be dispensed without a prescription.12
(3)(a) No person shall purchase, receive, or otherwise acquire more than nine13
grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base within14
any thirty-day period.15
(b) This limit shall not apply to any quantity of such product, mixture, or16
preparation dispensed pursuant to a valid prescription written by a licensed health17
care professional having prescriptive authority.18
(4) Wholesale drug distributors licensed by the Louisiana State Board of19
Wholesale Drug Distributors and registered with the United States Drug20
Enforcement Administration shall be exempt from the storage, reporting, record21
keeping, and physical security requirements for controlled dangerous substances for22
nonprescription products containing ephedrine, pseudoephedrine, and23
phenylpropanolamine which are not listed in another schedule.24
(5) Except for sales log requirements and the transmittal of transaction25
information to the central computer monitoring system authorized by the provisions26
of Part X-F of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950,27
pharmacies and pharmacists licensed by the Louisiana Board of Pharmacy and28
registered with the United States Drug Enforcement Administration shall be exempt29 HLS 12RS-1066 ORIGINAL
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from the storage, reporting, record keeping, and physical security requirements for1
controlled dangerous substances for nonprescription products containing ephedrine,2
pseudoephedrine, or phenylpropanolamine which are not listed in another schedule.3
(6) The transaction information provided for in R.S. 40:1049.3 for the4
purchase of a nonprescription product containing ephedrine, pseudoephedrine, or5
phenylpropanolamine shall constitute an "order from a practitioner" as provided for6
in R.S. 40:970(C). Possession of a nonprescription product containing ephedrine,7
pseudoephedrine, or phenylpropanolamine pursuant to a valid transaction as8
provided for in R.S. 40:1049.3 shall be a defense for a violation of R.S. 40:970(C).9
Section 2. R.S. 40:962.1, 962.1.1, and Part X-F, comprised of R.S. 40:1049.110
through 1049.11, are hereby repealed in their entirety.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ligi HB No. 688
Abstract: Requires a prescription for the sale of products containing ephedrine,
pseudoephedrine, or phenylpropanolamine.
Present law provides that any compound, mixture, or preparation containing any detectable
quantity of ephedrine, pseudoephedrine, or phenylprop anolamine, its salts or optical isomers,
or salts of optical isomers compound, mixture, or preparation containing any detectable
quantity of pseudoephedrine, its salts, or optical isomers, or salts of optical isomers shall be
a Schedule V drug, but does not require a prescription.
Proposed law requires that products containing ephedrine, pseudoephedrine, or
phenylpropanolamine require a prescription but retains the Schedule V classification.
Present law provides for limitations on the quantities of compounds containing ephedrine,
pseudoephedrine, and phenylpropanolamine which may be purchased at one time.
Present law provides that a nonprescription compound, mixture, or preparation containing
any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, its salts or
optical isomers, or salts of optical isomers shall only be dispensed, sold, or distributed by
licensed pharmacists at a pharmacy permitted by the La. Board of Pharmacy.
Present law provides that in order to facilitate the monitoring of sales of nonprescription
products containing ephedrine, pseudoephedrine, or phenylpropanolamine, the pharmacist,
certified pharmacy technician, or other pharmacy employee shall record certain information
regarding the transaction.
Present law provides that upon recordation of the transaction information, the pharmacy
shall transmit the information immediately to a central computer system for purposes of HLS 12RS-1066 ORIGINAL
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monitoring the sales of these products. The central computer system shall be designed and
operated to allow the monitoring and reading of sales information regarding products
containing ephedrine, pseudoephedrine, and phenylpropanolamine at the point of sale
instantly and on a real time basis.
Proposed law repeals these provisions of present law.
(Amends R.S. 40:964(Schedule V)(E); Repeals R.S. 40:962.1, 962.1.1, and R.S. 40:1049.1-
1049.11)