CHAPTER 12
PRECURSOR SUBSTANCES
657—12.1(124B) Precursor substance identified. For the purpose of this chapter, precursor substance includes all substances identified in Iowa Code section 124B.2. Additional precursor substances may be identified by listing in this rule.
657—12.2(124B) Reports required. Except as provided in rule 657—12.4(124B) or 12.5(124B), the following reports shall be filed with the board on forms provided or approved by the board. Copies of reports submitted pursuant to this rule shall be maintained for two years following the date of the report.
	12.2(1) Delivery in Iowa. Any manufacturer, retailer, or other person who sells, transfers, or otherwise furnishes a precursor substance to anyone within this state shall report the transaction to the board no less than 21 days prior to delivery of the substance.
	12.2(2) Receipt from out-of-state source. Any vendor, recipient, or other person who receives a precursor substance from a source outside the state shall submit to the board a report of the transaction no more than 14 days following receipt of the substance.
	12.2(3) Missing quantity. Any vendor, recipient, or other person who is authorized to possess precursor substances in this state shall report to the board within seven days of discovering either of the following occurrences:
	a. 	Loss or theft of a precursor substance.
	b. 	A difference between the amount of a precursor substance shipped and the amount of a precursor substance received.
657—12.3(124B) Form of reports. All reports shall be on forms provided by the board except as provided in rule 657—12.4(124B). The following minimum information shall be completed for each required report.
	12.3(1) Delivery. Each form that reports the sale, transfer, or other furnishing of a precursor substance shall contain the following information:
	a. 	Name of substance;
	b. 	Quantity of substance;
	c. 	Date sold, transferred, or furnished;
	d. 	Name and address of business or person selling, transferring, or furnishing the substance;
	e. 	The signature of the person or the signature of an officer, authorized agent, or authorized employee of the business selling, transferring, or furnishing the substance;
	f. 	Name, address, and identification information of the person or business purchasing or receiving the substance.
	12.3(2) Receipt. Each form that reports the receipt of a precursor substance shall contain the following information:
	a. 	Name of substance;
	b. 	Quantity of substance;
	c. 	Date received;
	d. 	Name and address of person or business receiving the substance;
	e. 	The signature of the person or the signature of an officer, authorized agent, or authorized employee of a business receiving the substance;
	f. 	Name and address of the person or business selling, transferring, or furnishing the substance.
	12.3(3) Theft or loss. Each form that reports a missing quantity of a precursor substance shall contain the following information:
	a. 	Name of missing substance;
	b. 	Quantity of substance missing;
	c. 	Date on which the substance was discovered to be missing;
	d. 	Name and address of the person or business reporting the missing quantity;
	e. 	The permit number of the person or business reporting the missing quantity, if applicable;
	f. 	The signature of the person or an officer, authorized agent, or authorized employee of the business reporting the missing quantity;
	g. 	The name and address of the person who transported the precursor substance and the date of shipment, if applicable.
657—12.4(124B) Monthly reporting option.
	12.4(1) Regular repeated deliveries. Vendors who regularly transfer the same precursor substance to the same recipient may apply to the board for authorization to submit the report of those transactions on a monthly basis. Requests for monthly reporting authorization must be received at the board office at least 21 days prior to the board meeting at which the request will be considered. The board will review each request to determine if the requirements of Iowa Code chapter 124B are met and will notify the vendor of its decision and the reporting format that will be authorized.
	12.4(2) Computer-generated reports. Vendors may also petition the board to accept reports on a computer-generated basis. If approved, reports may be furnished in hard copy or in board-approved data storage format. The vendor will be responsible for the accuracy of all reports and the prompt correction of any data entry or transmission errors.
	12.4(3) Authorization rescinded at board’s discretion. Authorization to report monthly or to use computer-generated reporting may be rescinded at the board’s discretion and with 30 days’ advance notice.
657—12.5(124B) Exemptions. The following are exempt from the reporting requirements of subrules 12.2(1), 12.2(2), 12.3(1), and 12.3(2) and the identification requirements of rule 657—12.6(124B):
	1.	A licensed pharmacist or other person authorized under Iowa Code chapter 155A to sell or furnish a precursor substance upon the prescription of a practitioner.
	2.	A practitioner who administers or furnishes a precursor substance to a patient.
	3.	A manufacturer, wholesaler, retailer, or person who holds a permit issued by the board and who sells, transfers, or otherwise furnishes a precursor substance to a practitioner or pharmacy as defined in Iowa Code section 155A.3.
	4.	Any retailer or person who sells, transfers, furnishes, or receives a drug containing ephedrine, phenylpropanolamine, or pseudoephedrine or a cosmetic containing a precursor substance if the drug or cosmetic is lawfully sold, transferred, or furnished over the counter without a prescription in accordance with Iowa Code chapter 126.
657—12.6(124B) Identification of purchaser or other recipient. Prior to selling, transferring, or otherwise furnishing in this state any precursor substance as defined in rule 657—12.1(124B), a vendor shall require appropriate identification of any purchaser or other recipient. Letters and other documentation required by this rule shall be maintained for two years following delivery.
	12.6(1) Face-to-face transactions. Prior to furnishing any precursor substance in any face-to-face transaction, a vendor shall require and document all of the following:
	a. 	A valid driver’s license or other state-issued identification issued to the purchaser’s representative. The identification shall contain the photograph and residential or mailing address, other than a post office box number, of the purchaser’s representative.
	b. 	The motor vehicle license number of the vehicle owned or operated by the purchaser or the purchaser’s representative.
	c. 	A letter of authorization from the purchaser. The letter shall include the purchaser’s business license number and business address, a description that identifies how the substance will be used, the name of the purchaser’s representative authorized to receive the substance, and the purchaser’s signature. The purchaser’s representative shall also sign the letter in the presence of the vendor and the vendor shall sign as a witness to the identification and signature of the purchaser’s representative.
	12.6(2) Furnishing to a person via transaction not face to face. Prior to furnishing any precursor substance to a person in a transaction that is not face to face, a vendor shall require a letter of authorization that includes all of the following:
	a. 	The name of the person to whom the substance is to be delivered;
	b. 	The person’s residential or mailing address, other than a post office box number;
	c. 	The person’s residential telephone number, including area code;
	d. 	The person’s place of employment including employer’s address and telephone number;
	e. 	The person’s date of birth;
	f. 	The person’s place of birth;
	g. 	The person’s social security number;
	h. 	The person’s signature;
	i. 	A description that identifies how the substance will be used.
	12.6(3) Furnishing to a business via transaction not face to face. Prior to furnishing any precursor substance to a business in a transaction that is not face to face, a vendor shall require a letter of authorization that includes all of the following:
	a. 	The name of the business;
	b. 	The business license number;
	c. 	The business address and telephone number, including area code;
	d. 	A description that identifies how the substance will be used;
	e. 	The signature of an officer, authorized agent, or authorized employee of the business;
	f. 	The typed or printed name and title of the signatory.
657—12.7(124B) Permits. Persons or entities in this state that purchase, transfer, or otherwise receive a precursor substance as defined in rule 657—12.1(124B) from a source outside the state shall obtain a permit from the board. No person or entity required to obtain a permit shall receive a precursor substance from a source outside the state until an application for permit is approved and the board has issued a permit certificate. Permits shall expire on the last day of the calendar year in which the permit is issued.
	12.7(1) Applications. Application forms may be obtained from and completed applications shall be submitted to the Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. Permit renewal forms will be mailed to each current permit holder approximately 60 days before the expiration date of the permit. A permit holder who has not received a renewal form 45 days prior to expiration of a current permit is responsible for contacting the board to request an application for renewal.
	a. 	Application shall be made on forms provided or approved by the board. Each application shall include all requested information, unless the item is not applicable, in which case that fact shall be indicated.
	b. 	Each application, attachment, or other document filed as part of an application shall be signed by the applicant as follows:
	(1)	If the applicant is an individual, signature shall be by that individual.
	(2)	If the applicant is a partnership, signature shall be by a partner.
	(3)	If the applicant is a corporation, corporate division, association, trust, or other entity, signature shall be by the chief executive officer.
	12.7(2) Initial permit, renewal, and fees. The fee for an initial permit or permit renewal shall be paid at the time that the application for the permit or permit renewal is submitted for filing. Payment shall be made in the form of a personal, business, certified, or cashier’s check or money order made payable to the Iowa Board of Pharmacy. Payments made in the form of foreign currency or third-party endorsed checks will not be accepted.
	a. 	Initial and renewal fees. For each initial permit or timely renewed permit, an applicant shall pay a fee of $180.
	b. 	Late application. Failure to renew a permit prior to January 1 following the permit’s expiration shall require payment of the renewal fee plus a $180 late payment fee.
	c. 	Delinquent permit. If a permit is not renewed before its expiration date, the permit is delinquent and the permit holder may not receive a precursor substance from a source outside the state until the delinquent permit is renewed. A delinquent-permit holder that continues activities for which a permit is required may be subject to disciplinary sanctions pursuant to 657—subrule 36.1(4).
	12.7(3) Exemption from permit fee. The requirement for permit fee is waived for federal, state, and local law enforcement agencies and analytical laboratories. Exemption from payment of permit fees as provided in this subrule does not relieve the agency or laboratory of any requirement to obtain a permit nor of any other requirements or duties prescribed by law.
	12.7(4) Exemption from permit. A permit is not required for a vendor of a drug containing ephedrine, phenylpropanolamine, or pseudoephedrine or of a cosmetic that contains a precursor substance if the drug or cosmetic is lawfully sold, transferred, or furnished either over the counter without a prescription pursuant to Iowa Code chapter 126 or with a prescription pursuant to Iowa Code chapter 155A.
	12.7(5) Termination. A permit issued to an individual shall terminate upon the death of the individual. A permit issued to an individual or business shall terminate when the individual or business ceases legal existence, discontinues business, or discontinues activities for which the permit was issued.
[ARC 0504C, IAB 12/12/12, effective 1/16/13]
657—12.8(124B) Denial, modification, suspension, or revocation of permit. Pursuant to 657—Chapters 35 and 36, the board may deny, suspend, revoke, or modify any permit for any period of time it determines to be justified upon the facts of the case for any violation of this chapter or Iowa Code chapter 124B.
These rules are intended to implement Iowa Code chapter 124B.
[Filed 2/1/91, Notice 11/14/90—published 2/20/91, effective 3/27/91]
[Filed emergency 10/6/99—published 11/3/99, effective 10/11/99]
[Filed 10/24/02, Notice 7/24/02—published 11/13/02, effective 12/18/02]
[Filed emergency 7/16/04 after Notice 6/9/04—published 8/4/04, effective 7/16/04]
[Filed emergency 6/30/05 after Notice 5/11/05—published 7/20/05, effective 7/1/05]
[Filed 5/17/06, Notice 4/12/06—published 6/7/06, effective 7/12/06]
[Filed emergency 11/13/07 after Notice 8/29/07—published 12/5/07, effective 11/13/07]
[Filed ARC 0504C (Notice ARC 0351C, IAB 10/3/12), IAB 12/12/12, effective 1/16/13]