Chapter 253
AN ACT
HB 2782
Relating to precursor substances; amending ORS 475.950.
Be It Enacted by the People of
the State of
SECTION 1. ORS 475.950 is amended to read:
475.950. (1) A person
commits the offense of failure to report a precursor substances transaction if
the person does any of the following:
(a) Sells, transfers or
otherwise furnishes any precursor substance described in ORS 475.940 (3)(a) to
(hh) and (oo) and does not, at least three days before delivery of the
substance, submit to the Department of State Police a report that meets the
reporting requirements established by rule under ORS 475.945.
(b) Receives any
precursor substance described in ORS 475.940 (3)(a) to (hh) and (oo) and does
not, within 10 days after receipt of the substance, submit to the Department of
State Police a report that meets the reporting requirements established by rule
under ORS 475.945.
(2) This section does
not apply to any of the following:
(a) Any pharmacist or
other authorized person who sells or furnishes a precursor substance upon the
prescription of a physician, dentist, podiatric physician and surgeon or
veterinarian.
(b) Any practitioner, as
defined in ORS 475.005, who administers or furnishes a precursor substance to patients
upon prescription.
(c) Any person licensed
by the State Board of Pharmacy who sells, transfers or otherwise furnishes a
precursor substance to a licensed pharmacy, physician, dentist, podiatric
physician and surgeon or veterinarian for distribution to patients upon
prescription.
(d) Any person who is
authorized by rule under ORS 475.945 to report in an alternate manner if the
person complies with the alternate reporting requirements.
(e) Any patient of a
practitioner, as defined in ORS 475.005, who obtains a precursor substance from
a licensed pharmacist, physician, dentist, podiatric physician and surgeon or
veterinarian pursuant to a prescription.
(f) Any person who sells
or transfers ephedrine, pseudoephedrine or phenylpropanolamine in compliance
with ORS 475.973.
(g) Any practitioner, as
defined in ORS 475.005, who dispenses a precursor substance to a person with
whom the practitioner has a doctor-patient or doctor-client relationship.
(h) Any person who
obtains a precursor substance from a practitioner, as defined in ORS 475.005,
with whom the person has a doctor-patient or doctor-client relationship.
(i) Any person who
sells or transfers an isomer of a precursor substance, unless it is an optical
isomer.
(3) Penalties related to
providing false information on a report required under this section are
provided under ORS 475.965.
(4) The Department of
State Police and any law enforcement agency may inspect and remove copies of
the sales records of any retail or wholesale distributor of methyl sulfonyl
methane or a precursor substance during the normal business hours of the retail
or wholesale distributor or may require the retail or wholesale distributor to
provide copies of the records.
(5) Failure to report a
precursor substances transaction is a Class A
misdemeanor.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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