                                 CODE OF VIRGINIA

REAL-TIME ELECTRONIC RECORDING OF SALES OF EPHEDRINE OR RELATED COMPOUNDS;
MEMORANDUM OF UNDERSTANDING (§ 18.2-265.8)

A. The Department shall enter into a memorandum of understanding with an
appropriate entity to establish the Commonwealth&#8217;s participation in a
real-time electronic recordkeeping and monitoring system for the sale of
ephedrine or related compounds. The memorandum of understanding shall include
the following:

   1. A real-time electronic recordkeeping and monitoring system shall be
   provided at no charge to the Commonwealth or to participating pharmacies and
   retail distributors and shall be approved by the Department.

   2. The system shall provide, at no charge to participating pharmacies and
   retail distributors, appropriate training, 24-hour online support, and a
   toll-free telephone help line that is staffed 24 hours a day.

   3. The system shall be able to communicate in real time with similar systems
   operated in other states and the District of Columbia and similar systems
   containing information submitted by more than one state.

   4. The system shall comply with information exchange standards adopted by the
   National Information Exchange Model.

   5. The system shall include a stop sales alert, which shall be a notification
   that completion of the sale would result in the seller or purchaser violating
   the quantity limits set forth in &#xA7; 18.2-265.7, with an override function
   that may be used by a pharmacy or retail distributor under the circumstances
   set forth in &#xA7; 18.2-265.9 and shall record each instance in which the
   override function is utilized.

   6. The system shall provide for the recording of the following:
   				a. The date and time of the transaction;
   				b. The name, address, date of birth, and photo identification number of
   the purchaser; the type of identification; and the government or educational
   institution of issuance;
   				c. The number of packages purchased; the total number of grams of
   ephedrine or related compounds per package; and the name of the compound,
   mixture, or preparation containing ephedrine or related compounds; and
   				d. The signature of the purchaser or unique number connecting the
   transaction to a paper signature maintained at the retail premises.

   7. The system shall ensure that submitted data is retained within the system
   for at least two years from the date of submission.

B. The Department shall provide a process for a pharmacy or retail distributor
to apply for, obtain, and periodically renew an exemption from the requirement
to report transactions to the electronic system if the pharmacy or retail
distributor lacks broadband access or maintains a sales volume of less than 72
grams of ephedrine or related compounds in a 30-day period.

C. The Superintendent of State Police shall promulgate regulations pursuant to
the Administrative Process Act (&#xA7; 2.2-4000 et seq.) for the implementation
of this section. Regulations adopted under this section shall be deemed a
customary police function for purposes of subdivision B 6 of &#xA7; 2.2-4002.

HISTORY: 2012, cc. 160, 252.