Adopted by House 2-14-07
SB142 H JUD AM 2-13 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
"ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-15. Iodine solution greater than 2.0 percent; prescription
or permit required; offenses; penalties.
(a) A person may offer to sell, sell or distribute an iodine
matrix only:
(1) As a prescription drug, pursuant to a prescription issued
by a veterinarian or physician licensed within the state; or
(2) To a person who is actively engaged in the legal practice
of animal husbandry of livestock, as defined in section eight,
article one, chapter four of this code.
(b) Prescriptions issued under this section:
(1) Shall provide for a specified number of refills;
(2) May be issued by any means authorized by the Board of
Pharmacy; and
(3) May be filled by a person other than the veterinarian or
physician issuing the prescription.
(c) A person offering iodine matrix for sale:
(1) Shall store the iodine matrix so that the public does not
have access to the iodine matrix without the direct assistance or intervention of a retail employee;
(2) Shall keep a record, which may consist of sales receipts
of each person purchasing iodine matrix; and
(3) Shall, if necessary to ascertain the identity of the
purchaser, ask for proof of identification from the purchaser.
(d) A person engaging in a regulated transaction pursuant to
the provisions of subsection (a) of this section is guilty of a
misdemeanor if he or she offers to sell, sells or distributes shall
not possess with intent to distribute or distribute an iodine
matrix to a person who:
(1) Does not present a prescription or is not engaged in
animal husbandry, as required under subsection (a) of this section;
or
(2) Is not excepted under subsection (g) (h) of this section.
(e) Any person who violates subsection (d) of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than ten thousand dollars.
(e) (f) A person is guilty of a misdemeanor who shall not:
(1) Possesses Possess iodine crystals and/or an iodine matrix
without proof of obtaining the crystals and/or solution in
compliance with subsection (a) of this section; or
(2) Offers to sell, sells or distributes Possess with intent
to distribute or distribute iodine crystals and/or an iodine matrix
in violation of subsection (a) of this section.
(g) Any person who violates subsection (f) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not
more than ten thousand dollars.
(f) (h) The provisions of subdivision (1), subsection (e) (f)
of this section do not apply to:
(1) A chemistry or chemistry-related laboratory maintained by:
(A) A public or private regularly established primary or
secondary school; or (B) a public or private institution of higher
education that is accredited by a regional or national accrediting
agency recognized by the United States Department of Education;
(2) A veterinarian licensed to practice pursuant to the
provisions of article ten, chapter thirty of this code;
(3) A health care facility; or
(4) A veterinarian, physician, pharmacist, retail distributor,
wholesaler, manufacturer, warehouseman or common carrier, or an
agent of any of these persons, who possesses an iodine matrix in
the regular course of lawful business activities.
(5) The transfer or receipt of any Betadine or povidone
solution with an iodine content not exceeding 10% in containers of
eight ounces or less, or any tincture of iodine not exceeding 2
percent in containers of one ounce or less that is sold over the
counter and is employed solely for its intended common household
use.
(g) (i) As used in this section, "iodine matrix" means iodine
at a concentration greater than 1.5 2.0 percent, by weight, in a
matrix or solution."