ELECTRONIC TRACKING SYSTEMS FOR METHAMPHETAMINE PRECURSORS LEGISLATIVE & POLICY UPDATE TO 2008 REPORT OCTOBER 2009

Transcription

1 ELECTRONIC TRACKING SYSTEMS FOR METHAMPHETAMINE PRECURSORS LEGISLATIVE & POLICY UPDATE TO 2008 REPORT OCTOBER 2009 National Alliance for Model State Drug Laws (NAMSDL). Legal research is current through August In order to ensure that the legislative information contained herein is as current as possible, research is conducted using both nationwide legal database software and individual state legislative websites. While the legislative provisions contained in this document are current as of the date reflected in this footer, dates included within the full citations may differ from the as of date because the citations reflect the date that a particular state s official code of laws and/or regulations was most recently codified. Programmatic research is current as of October 2009 and based on information provided by state and local tracking officials. Please contact Sherry Green (703) , ext. 116 or sgreen@namsdl.org with any programmatic or legislative updates or information that may be relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS (NAMSDL) Prince Street, Suite 312, Alexandria, VA (703) Western Regional Office: 215 Lincoln Ave. Suite 201, Santa Fe, NM The production of this document was funded by Grant #2007-DC-BX-K008 awarded to NAMSDL by the Bureau of Justice Assistance, Office of Justice Programs (BJA) in consultation with the Office of National Drug Control Policy (ONDCP).

2 TABLE OF CONTENTS Sections Beginning Page I. Introduction and Recap of 2008 Report 3 II Legislative Developments 5 III. Profiles of Specific Operational PSE Tracking Systems 11 IV. Comparison of State Precursor Tracking Laws 33 V. Summary 57 2

3 SECTION I INTRODUCTION AND RECAP OF 2008 REPORT In September 2008 the National Alliance for Model State Drug Laws (NAMSDL) submitted a comprehensive report to the Senate Appropriations Committee titled Controlling Methamphetamine Precursor Chemicals: Factors and Considerations for Developing and Operating Effective Electronic Pseudoephedrine Tracking Systems. The purpose of that report was four-fold: 1) To summarize state and local efforts to establish and operate electronic tracking systems for over-the-counter sales of products containing pseudoephedrine; 2) To present substantive and practical factors that policymakers should consider in planning the effective, efficient development and operation of tracking systems; 3) To identify and outline important elements of the various types of laws which state and local officials rely upon for authorization to conduct a tracking system; and 4) To create a base level of information on tracking systems that NAMSDL will use to monitor the progress of the systems and related statutes over the next few years. The purpose of this document is to provide an addendum to the 2008 report by providing updates from the 2009 state legislative sessions and amendments to the state profiles of existing tracking programs that were presented in the 08 report. As existing tracking programs are still in their infancy and since the legislative progress over the last two years has been relatively slow, much of the information and analysis contained in the 08 report remains current and applicable. Portions of the original report have been duplicated in this addendum as needed for explanatory and comparative purposes but please refer to the 08 report for additional relevant background information and policy analysis. A copy of Controlling Methamphetamine Precursor Chemicals: Factors and Considerations for Developing and Operating Effective Electronic Pseudoephedrine Tracking Systems can be found at in the Resources Section under the header Methamphetamine. In terms of updated and amended information, this addendum lists and summarizes the more than 20 bills (from over 10 states) that were introduced during Continuing a trend from 2008, only a handful of these bills were enacted and those establishing statewide tracking systems are detailed in the comparative chart section. Additionally, amendments and additions have been made as needed to the state profiles section. NAMSDL will continue to update the state profiles and add additional states as more tracking programs come online and begin collecting data. NAMSDL will also continue to monitor states alternative precursor control efforts. Notably in 2009, bills were introduced in California, Missouri and Washington state legislatures to require a prescription for the sale of products containing methamphetamine 3

4 precursors. The legislative measures were ultimately unsuccessful, leaving Oregon as the sole state with such a requirement. The bills introduction, however, is a strong signal that more drug control officials want to follow Oregon s lead. NAMSDL will track if such interest translates into more prescription-only initiatives in future state legislative sessions. As officials gain more programmatic experience with electronic tracking programs, practical complications will begin to surface. Some program administrators have reported that certain pharmacies are reluctant to electronically submit information to the tracking system. The issue focuses in part on the underlying statutory logbook language that provides law enforcement legal access to the sales data, but remains silent on the method and format of that access. States passing tracking bills in 2009 have already learned from the interpretive differences by specifying that the sales data shall be submitted electronically to the tracking program. In future supplements, NAMSDL will explore other operational concerns affiliated with the electronic tracking of sales of methamphetamine precursors. As part of the discussion, NAMSDL will outline the various options state and local officials are implementing to resolve the problems. NAMSDL will also supplement other sections of the report periodically to provide updates about system enhancements, expansion of monitoring to other methamphetamine precursors, assessment of systems consequences, and amendment or adoption of authorizing statutes. 4

5 SECTION II 2009 LEGISLATIVE DEVELOPMENTS As in 2008, a large number of states introduced legislation in 2009 calling for the establishment and implementation of programs to track sales of methamphetamine precursors. While most of this legislation ultimately failed to pass and become law, the number of bills indicates the continued emphasis being placed by states on controlling precursor chemicals, especially those used to manufacture methamphetamine. What follows is a summary of state tracking-related bills introduced during the 2009 legislative session Arizona HB 2519 Held in Committee on 2/16/09 This legislation authorized the state s Board of Pharmacy to apply for grants and accept gifts or donations to assist in the development and maintenance of a statewide computerized pseudoephedrine sales tracking system California AB 1455 Hearing Cancelled at Author s Request on 8/24/09 This legislation would have added a section to the state s Health and Safety Code pertaining to sales of products containing ephedrine, pseudoephedrine, norpseudoephedrine and phenylpropanolamine. In part, that section mandated that retail distributors of the afore named products record certain information about sales transactions involving methamphetamine precursors and then immediately transmit the information to an electronic authorization and monitoring system. The system was required to have the capability of providing retailers with real-time alerts any time a transaction violated state laws related to sales of methamphetamine precursor chemicals Georgia SB 56 Passed Both Houses by 4/3/09 This legislation authorizes the state Bureau of Investigation to establish the StopMeth Log, a real-time electronic logbook system for the purpose of recording information relating to the purchase of products containing ephedrine, pseudoephedrine and phenylpropanolamine and for monitoring and preventing illegal purchases of these products. The StopMeth Log would be available through the Internet to pharmacies and retailers and have the capability to calculate both state and federal purchase limitations. 5

6 2009 Iowa SF 237 Signed by the Governor on 3/25/09 This legislation directs the establishment of a real-time electronic repository to monitor and control the sale of Schedule V products containing any detectable amount of pseudoephedrine, ephedrine or phenylpropanolamine. Pharmacies dispensing these products would report all sales to en electronic repository maintained by the Board. Also established is a pseudoephedrine advisory council to provide input and advise the Board regarding implementation and maintenance of the repository. Please refer to the Profiles and Comparison sections of this report for complete details about this enacted legislation Iowa HF 34 Introduced and Referred to Public Safety Committee on 1/16/09 This legislation directs the establishment of a real-time electronic repository to monitor and control the sale of Schedule V products containing any detectable amount of pseudoephedrine, ephedrine or phenylpropanolamine. Pharmacies dispensing these products would report all sales to en electronic repository maintained by the Board. Also established is a pseudoephedrine advisory council to provide input and advise the Board regarding implementation and maintenance of the repository Iowa SF 104 Amended and Filed on 2/26/09 This legislation directs the establishment of a real-time electronic repository to monitor and control the sale of Schedule V products containing any detectable amount of pseudoephedrine, ephedrine or phenylpropanolamine. Pharmacies dispensing these products would report all sales to en electronic repository maintained by the Board. Also established is a pseudoephedrine advisory council to provide input and advise the Board regarding implementation and maintenance of the repository Iowa HF 331 Withdrawn on 3/16/09 This legislation directs the establishment of a real-time electronic repository to monitor and control the sale of Schedule V products containing any detectable amount of pseudoephedrine, ephedrine or phenylpropanolamine. Pharmacies dispensing these products would report all sales to en electronic repository maintained by the Board. Also established is a pseudoephedrine advisory council to provide input and advise the Board regarding implementation and maintenance of the repository. 6

7 2009 Illinois HB 865 Approved by the Governor on 7/23/09 This legislation creates the Illinois State Police Precursor Tracking Program/Pilot Program. The program will be coordinated by the State Police in Adams, Madison, St. Clair and Vermillion counties and has the following stated goals: track purchases of targeted methamphetamine precursors across multiple locations; identify persons obtaining or distributing targeted methamphetamine precursors for the likely purpose of manufacturing methamphetamine; starve methamphetamine manufacturers of the methamphetamine precursors they need to make methamphetamine; locate and shut down methamphetamine laboratories; and ultimately reduce the harm that methamphetamine manufacturing and manufacturers are inflicting on individuals, families, communities, first responders, the economy, and the environment. Please refer to the Profiles and Comparison sections of this report for complete details about this enacted legislation Indiana HB 1283 First Reading and Referred to the Committee on Public Health on 1/16/09 This legislation proposes repealing the state s methamphetamine precursor database pilot project Indiana SB 189 First Reading and Referred to the Committee on Corrections, Criminal and Civil Matters This legislation proposes repealing the state s methamphetamine precursor database pilot project. 7

8 2009 Kansas SB 33 Approved by the Governor on 5/21/09 This legislation provides for the creation of a statewide electronic logging system for the sale of methamphetamine precursor substances, defined as substances containing pseudoephedrine, ephedrine or phenylpropanolamine. All pharmacies will maintain electronic logs documenting sales of precursors, which will then be submitted to the Board of Pharmacy in a standardized format. Pharmacies that are capable of doing so will be required to submit sales information in real-time. Please refer to the Comparison section of this report for complete details about this enacted legislation Kansas SB 248 Recommended be Passed as Amended by Committee on Corrections and Juvenile Justice on 3/19/09 This legislation facilitates the creation of a statewide electronic logging system for the sale of methamphetamine precursors. Each pharmacy would be required to maintain an electronic log documenting precursor sales information and then submit collected records to the Board of Pharmacy Louisiana HB 890 Signed by the Governor on 7/1/09 This legislation creates the Ephedrine, Pseudoephedrine, and Phenylpropanolamine Monitoring Act. Included among the bill s provisions is a requirement that pharmacy employees record information related to each sale of certain methamphetamine precursors and immediately transfer that information to a central computer system designed to monitor sales of those products. The computer system will be located within and administered by the Department of Public Safety and Corrections, office of the Louisiana State Police, and must be capable of providing an online computer alert to conditions that may indicate state law with regard to precursor sales is being violated. Please refer to the Profiles and Comparison sections of this report for complete details about this enacted legislation Louisiana HB 177 Became HB 890 (see above) on 5/13/ Maryland SB 229 Unfavorably Reported by the Finance Committee on 2/24/09 This legislation called for the establishment of a real-time statewide electronic logbook for purposes of allowing pharmacies and retailers to enter into the logbook transactions required to be reported by state statute governing the sale of ephedrine, pseudoephedrine and phenylpropanolamine. All persons authorized to prescribe or dispense products containing ephedrine, pseudoephedrine or phenylpropanolamine would have access to the logbook and be required to enter transaction information for each sale/dispensation of products containing methamphetamine precursor chemicals. 8

9 2009 Mississippi HB 884 Died in Committee on 2/3/09 This legislation is not related to a precursor tracking system per se but instead required the Board of Pharmacy to include the sale of pseudoephedrine and ephedrine in the state s prescription monitoring service and provide reports to the Bureau of Narcotics upon request Mississippi SB 2651 Died in Committee on 2/3/09 This legislation is not related to a precursor tracking system per se but instead required the Board of Pharmacy to include the sale of pseudoephedrine and ephedrine in the state s prescription monitoring service and provide reports to the Bureau of Narcotics upon request Mississippi SB 3025 Died in Committee on 2/3/09 This legislation is not related to a precursor tracking system per se but instead required the Board of Pharmacy to include the sale of pseudoephedrine and ephedrine in the state s prescription monitoring service and provide reports to the Bureau of Narcotics upon request Missouri HB 21 Approved and Vetoed in Part by the Governor on 6/25/09 This legislation appropriated monies for several departments and offices of state government, for the purchase of equipment, for planning, expenses, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal year beginning July 1, 2009 and ending June 30, Certain provisions of this bill were vetoed or amended by the Governor; the provision related to expending $700,000 of grant funding for a pseudoephedrine tracking system was enacted as written in the bill Missouri HB 22 Approved and Vetoed in Part by the Governor on 6/25/09 This legislation appropriated monies for several departments and offices of state government, for the purchase of equipment, for planning, expenses, and for capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities, including installation, modification, and renovation of facility components, equipment or systems, for grants, refunds, distributions, planning, expenses, and capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions, and to transfer money among certain funds. Certain provisions of this bill were vetoed or amended by the Governor, including the portion related to a pseudoephedrine tracking system. The amount appropriated for implementing and administering a pseudoephedrine tracking system was reduced by $275,000 from $886,455 to $611,455. 9

10 2009 Tennessee HB 1663 Taken Off Notice for Calendar in the Criminal Practice and Procedure Subcommittee of the Judiciary Committee on 4/8/09 This legislation required the Tennessee bureau of investigation to establish and administer a state electronic purchase log, capable of 1) checking compliance against all state, local and federal laws and 2) interfacing with other states to ensure comprehensive compliance. Responsibility for collecting sales information for the log rests with each pharmacy selling products containing ephedrine or pseudoephedrine Tennessee SB 1682 Referred to the Senate Judiciary Committee on 2/18/09 This legislation required the Tennessee bureau of investigation to establish and administer a state electronic purchase log, capable of 1) checking compliance against all state, local and federal laws and 2) interfacing with other states to ensure comprehensive compliance. Responsibility for collecting sales information for the log rests with each pharmacy selling products containing ephedrine or pseudoephedrine Texas HB 4517 Placed on the General State Calendar on 5/11/09 This legislation directed the Department of Public Safety to create an electronic records system that would allow for retailers to electronically submit information related to sales of products containing ephedrine, pseudoephedrine and norpseudoephedrine. Records must be submitted as soon as is practically possible after completing a sale and retailers who do not have access to an Internet connection will not be required to submit records electronically Virginia HB 2359 Left in the Militia, Police & Public Safety Committee on 2/10/09 This legislation required the Board of Pharmacy to establish a mandatory pilot program in Page, Clarke, Frederick, Rockingham, Shenandoah, and Warren counties to electronically track transactions involving distribution of products containing ephedrine and pseudoephedrine. The requirements of the bill are contingent upon the receipt of funds from a third party such that pharmacies will incur no costs to participate in the program. 10

11 SECTION III PROFILES OF SPECIFIC OPERATIONAL PSE TRACKING SYSTEMS This section contains individual profiles for states with operational tracking systems. The information contained in these profiles was provided by each state s respective Oversight Agency and is current as of the date listed at the end of each profile dates or the absence of a particular profile signifies that NAMSDL is still awaiting a response to a request for updated information. Profiles for states with newly implemented tracking programs will appear in future addendums to this document. The categories in which NAMSDL requested information and the information received from the states is generally self-explanatory with the possible exception of the language states are using in the category regarding Data Usage to Block Sales. Tracking systems are typically referred to as being Stop Sale systems or Lead Generating, with the potential for a system to be both. In a stop sale program, the seller transmits information about an attempted purchase. The system then notifies the seller that the purchase would be in violation of federal or state OTC restrictions. The sale is not completed unless specific exceptions are satisfied. In a lead generating program, all sales are completed and the system analyzes the collected purchase information to identify apparent violations of law. a. Independent Statewide & Regional Systems Arkansas Effective Date of Operation: Fully deployed and operational as of 5/15/08. Geographical Scope: Statewide. Administering/Oversight Agency: Arkansas Crime Information Center Agency POC: Danny Ormand, Director - Arkansas Crime Information Center, One Capitol Mall, Little Rock Arkansas 72201, (501)

12 Program Costs: Start-up: $350,000 for the first 2 years. Annual Operation: $300,000. # of Employees: 1 total. Source(s) of Program Funding: State general and special revenue. Data Collection: Private Contractor: Yes POC: LeadsOnLabs N. Dallas Parkway, Suite 800, Dallas, TX 75248, (972) Requested Data Elements: For every transaction or attempted transaction the following data are collected: 1. Purchaser name. 2. Purchaser address. 3. Purchaser ID (generally driver s license). 4. Purchaser age. 5. Product purchased (if a product is chosen-if a person is over the limit, the transaction may be refused before a product is chosen). 6. Type of precursor in product. 7. Amount of precursor in product. 8. Result of transaction (completed sale, void, or cancellation). 9. Detailed reason for cancellation. 10. Information available to seller at the time of transaction. Agencies/Entities Reporting Data: Pharmacies. Method and Format of Reporting: Real time via the Internet. Frequency of Reporting: Date is submitted in real time at the point of sale. Time After Reporting When Data Available to Access: Immediately/Real time. Data Retention Time Limits: Records must be deleted within 2 years from the date of entry unless the record is being used in an ongoing criminal investigation or criminal proceeding. System Capable of Generating Reports: Yes. 12

13 Data Used to Block Product Sales: Program is both stop sale and lead generating. Exceptions Pharmacies have the option to complete the sale. Officials Allowed Access to Data: Intrastate: Authorized criminal justice personnel are allowed access to sales information, via a secure website, for purposes of investigation and enforcement; Act 508 also allows specific access such as the State Board of Pharmacy. Interstate: There are plans to share the data with other jurisdictions but the state is still in the process of developing systems to do so. Authorized Uses of Data: Investigation, enforcement and facilitating product recalls. Privacy Safeguards: Information is confidential and not subject to the Freedom of Information Act (See Act 508). # of Identified Purchases or Attempted Purchases in Excess of Legal Limits: Over 21,000 sales that would have exceeded the legal limit were blocked from December 2008 through May System Data Used to Obtain Convictions: All of the data elements collected at the time of purchase or attempted purchase along with the report that can be generated on the frequency of purchase, assist law enforcement officers in the building of their case against a suspect. (information updated as of 09/29/09) 13

14 Illinois (Williamson County Pilot Program) Effective Date of Operation: August 17, 2009 Geographical Scope: Williamson County Pilot Project encompasses Williamson, Franklin, Saline, Johnson, Union, and Jackson counties as mandated by Illinois law. Voluntary participation has expanded the scope to incorporate 13 additional counties located in central and southern Illinois, Missouri Highway Patrol, and Indiana State Police. Administering/Oversight Agency: Illinois Meth Precursor Control Pilot Authority. Agency POC: Tim Nation, Program Coordinator, 700 Logan College Road, Carterville, IL 62018, Ext. 8140, AND Tom McNamara, Program Director, (618) , Program Costs: Start-up: $96,000 Annual Operation: $100,000 # of Employees: 2 Source(s) of Program Funding: COPS Grant Data Collection: Private Contractor: Yes RelayHealth POC: Brian Eidex, Director, Product Management, Government RelayHealth, 1564 Northeast Expressway, Atlanta, GA 30329, Office, brian.eidex@relayhealth.com. Requested Data Elements: Transaction Date, Transaction Time, Recipient: Full Name, Date of Birth, Identification Type, Identification Number, Address, Product: Brand Name, Product Name, NDC Number, Dosage Units, Milligrams/Dosage Unit, Total Milligrams Distributed, Distributor: Facility Name, DEA Number, Address, Phone Number. Agencies/Entities Reporting Data: Pharmacies 14

15 Method and Format of Reporting: Real Time (Automatic PSE Data Extract NCPDP 5.1 standard), FTP Batch File (ASAP PSE format), Secure Website Upload (Online Dispensing Form). Frequency of Reporting: Once every 7 days Time After Reporting When Data Available to Access: Normalization of data received from RelayHealth begins within 10 minutes of receipt. Time to access data is dependent upon the number of records to be processed, however once normalized the data is immediately available for review. Data Retention Time Limits: 2 years System Capable of Generating Reports: Yes Data Used to Block Product Sales: No. System designed to identify meth labs only. Exceptions None Officials Allowed Access to Data: Restricted to law enforcement officials designated by the chief or sheriff. Intrastate: Law Enforcement Interstate: Missouri Highway Patrol, Indiana State Police Authorized Uses of Data: Investigative leads for meth labs and other illegal drug use only. Privacy Safeguards: Server s URL located on the Secure Socket Layer under the HTTP (HTTP Secure). HTTPS encrypts (AES bit) user requested pages as well as server sent pages prior to transmitting across the internet. Site is password protected along with unique user ids for individual access. Server maintains a log recording all server requests and page downloads. # of Identified Purchases or Attempted Purchases in Excess of Legal Limits: Approximately 50 System Data Used to Obtain Convictions: In process (information updated as of 10/26/09) 15

16 Iowa Effective Date of Operation: TBA Target is January 1, 2010 Geographical Scope: Statewide Administering/Oversight Agency: Governor s Office of Drug Control Policy Agency POC: Susie Sher ( or susie.sher@iowa.gov) Program Costs: TBA (Currently entering active planning stage) up to $750,000 Start-up: TBD Annual Operation: TBD # of Employees: TBD Source(s) of Program Funding: COPS Meth Grant Data Collection: TBD Private Contractor: POC: Requested Data Elements: Agencies/Entities Reporting Data: Method and Format of Reporting: Frequency of Reporting: Time After Reporting When Data Available to Access: Data Retention Time Limits: System Capable of Generating Reports: TBD Data Used to Block Product Sales: No Exceptions - 16

17 Officials Allowed Access to Data: TBD Intrastate: Interstate: Authorized Uses of Data: TBD Privacy Safeguards: TBD # of Identified Purchases or Attempted Purchases in Excess of Legal Limits: TBD System Data Used to Obtain Convictions: TBD (information updated as of 06/15/09) 17

18 Kentucky Effective Date of Operation: Program became mandatory on June 1, Geographical Scope: Statewide Administering/Oversight Agency: Kentucky Office of Drug Control Policy. Agency POC: Van Ingram Office of Drug Control Policy, 125 Holmes Street, Frankfort, KY 40601, Program Costs: Start-up: Information not provided. Annual Operation: Product cost approximately $500,000. # of Employees: 1 Full-time employee. Source(s) of Program Funding: General fund for start up costs. Federal appropriation for operational costs. Data Collection: Private Contractor: Yes POC: Appriss Inc. (866) Requested Data Elements: Name, date of birth, address, ID number, ID issuing agency, ID expiration date, product and amount purchased. Agencies/Entities Reporting Data: All pharmacies selling PSE retail over-thecounter. Method and Format of Reporting: Real-time via the Internet. Frequency of Reporting: Real-time - every time there is a sales transaction involving PSE. Time After Reporting When Data Available to Access: Instantly. Data Retention Time Limits: Rolling 2-year period. System Capable of Generating Reports: Yes. 18

19 Data Used to Block Product Sales: Yes. Exceptions An override feature exists; recommendation is that the override be used in situations where the pharmacy employee feels threatened or uncomfortable with the customer. Officials Allowed Access to Data: Intrastate: Pharmacies can view reports specific to their respective store; law enforcement has access to customer specific information and can review store logs online. Interstate: At this time there are no plans for interoperability with other jurisdictions; other jurisdictions are not provided access to the data. Authorized Uses of Data: Law enforcement officers whose agencies have signed a user agreement can receive data if they are in the process of conducting an official investigation into PSE violations. Privacy Safeguards: Information Not Provided. # of Identified Purchases or Attempted Purchases in Excess of Legal Limits: 20,000 blocked sales in the first year. Over 1.2 million transactions recorded. System Data Used to Obtain Convictions: Yes. (information updated as of 06/15/09) 19

20 Oklahoma Effective Date of Operation: October 1, Geographical Scope: Statewide Administering/Oversight Agency: Oklahoma Bureau of Narcotics and Dangerous Drug Control (OBN). Agency POC: Travis Kirkpatrick, Project Manager/Chief PSE Database Administrator, OBN, 440 NE 39 th Street, Oklahoma City, OK 73105, , , FAX , Program Costs: Start-up: $500,000 (includes purchase of software, developer s fees, personnel salaries and miscellaneous costs). Annual Operation: less than $25,000 (excluding employee salaries). # of Employees: 3 Full-time Employees. Source(s) of Program Funding: BJA grants, COPS grants (100% funding). Data Collection: Private Contractor: No (Data Collection and software maintained in house). System is currently undergoing ground-up rebuild by in-house IT staff. POC: Not Applicable. Requested Data Elements: Customer ID# (can be state driver s license, military ID, passport or foreign issue ID), Customer First Name/Last Name, Customer Address/State of Residence, Quantity of Purchase (converted to grams), Pharmacy Identification, Technician s/pharmacist s Initials, Product Name, Check box for liquid or gel cap (if neither box is checked, it is understood that the product is in tablet form.) Date of Birth field will be added to the database by the release of the new system in January Agencies/Entities Reporting Data: All pharmacies who hold an active registration with OBN. Method and Format of Reporting: Web services (including point-of-sale systems), Web Portal. Plain-Text on encrypted site. 20

21 Frequency of Reporting: Real-time electronic submissions. Time After Reporting When Data Available to Access: Immediate. Data Retention Time Limits: None. System Capable of Generating Reports: Yes New generations of the Database will use Business Objects to generate a multitude of canned reports to include Transactions by Customer, Transactions by Pharmacy and a variety of sub reports within those categories (i.e. # of customers who purchased from said pharmacy in a given time period, etc.) which will be utilized by LEO s once direct access has been established (see below). System will also be capable of producing pie graphs, block/line charts, and other such visual aids through the use of the Business Objects analytics and offered by request to LEO s. Internal statistical reports will also be available to the administrator. Data Used to Block Product Sales: Yes Exceptions System is currently being rebuilt from the ground up, and, when it goes online in January of 2010, will include an emergency override feature for use if a technician/pharmacist feels they are in danger. Officials Allowed Access to Data: Intrastate: Law enforcement access allowed only after verifying requestor; Database is currently being developed that will allow direct access to Law Enforcement personnel ONLY (beta testing now, final phase will be up by the end of the year). Interstate: By written request; no direct access is given. Authorized Uses of Data: Criminal/registrant investigations, statistical analysis. Privacy Safeguards: Before any reports are released to non-obn personnel, OBN agents or PSE admin/staff must verify the requestor s identity and specific reason for said information. # of Identified Purchases or Attempted Purchases in Excess of Legal Limits: Sales blocked. System Data Used to Obtain Convictions: Data is currently being used as evidence in Methamphetamine related criminal prosecutions. (information updated as of 07/21/09) 21

22 Tennessee Effective Date of Operation: Leads were developed through the Tennessee Methamphetamine Intelligence System (TMIS) beginning in Geographical Scope: Statewide (1,813 out of 2,100 pharmacies participating as of 6/11/08) Administering/Oversight Agency: Tennessee Bureau of Investigation Agency POC: Tommy Farmer, ASAC/Director of the Tennessee Methamphetamine Task Force (Task Force), Tennessee Bureau of Investigation, 1110 Market Street, Suite 332, Chattanooga, TN 37402, (423) Program Costs: TMIS is an integrated criminal justice information system which allows the Task Force to receive, manage and monitor substantial criminal justice data pertaining to matters such as: statewide meth lab seizures, EPIC submissions, state quarantine reports, training requests, methamphetamine activity, criminal intelligence and PSE product purchases. Accordingly, the yearly operating budget allows for operation of the comprehensive, integrated system and has provided for a variety of system enhancements such as cost efficient biometric readers for real-time PSE reporting and interface with the state Fusion Center. Start-up: Depends on available non-funded resources or support such as National Guard, training needs, existing IT equipment/personnel, and areas of responsibility. The Task Force currently provides TMIS to other states and localities free of charge. Start-up costs for states adopting the TMIS system have ranged from $70,000 to $100,000. The operation of TMIS takes only a small portion of this cost. Costs are expected to decrease as electronic submissions to TMIS increase, reducing the need to collect and enter paper logs. Annual Operation: The approximate budget for all of the Tennessee Methamphetamine Task Force computer intelligence systems in 2009 is $500,000. This includes approximately $300,000 for development and enhancements to the system, as well as operating costs to maintain it. The current year budget includes a significant cost for a geospatial mapping application. Another significant reoccurring annual cost component is licensing fees associated with the number of system users, # of Employees: Staff and contract positions for the Task Force are: 4 part-time IT, 2 Tennessee National Guard Criminal Analysts (nonpaid by Task Force). Source(s) of Program Funding: COPS & BJA/Byrne Grants. 22

23 Data Collection: Private Contractor: No POC: Not Applicable. Requested Data Elements: See table below. Data Element National Provider Identifier (NPI) Provider Name Chain Site ID Issuing Jurisdiction ID Qualifier ID Number Last Name First Name Middle Name Prefix Suffix Date of Birth Address Information - 1 Address Information - 2 City State Zip Code Transaction ID Product ID Qualifier Product ID Product Description Transaction Date Transaction Time Packages Purchased Milligrams Purchased Type of Signature Transaction Type Agencies/Entities Reporting Data: 1,813 of 2,100 stores with applicable retail sales pharmacies operating in Tennessee (as of 6/11/08). Methods and Format of Reporting: (1) manual collection by response truck drivers by region and/or local law enforcement (as of 6/11/08 over 1,000,000 logs reviewed), (2) secure FTP electronic batch file submission with data in Text, XML or XLS format, and (3) direct real-time pharmacy web portal submissions. 23

24 Most of the PSE sales data received and reviewed is submitted through the electronic batch file method. Frequency of Reporting: Most independent pharmacies submit data in real-time. Many chain pharmacies using batch files and submit data weekly, and some mom and pop stores submit data monthly. Time After Reporting When Data Available to Access: Depends on each outlet s reporting method. For example: immediately for those submitting data in realtime and longer, up to a couple of hours, for those submitting in Excel or text file formats. Data Retention Time Limits: Depends on state/federal law; currently data must be purged after 2 years. System Capable of Generating Reports: Yes. Data Used to Block Product Sales: No lead generating system. Exceptions Stores that use the Pharmacy Portal for Real Time reporting of PSE sales are alerted when customers have exceeded purchase limits at their store and across their company. This enables the store to make a decision regarding whether or not to allow the sale. Officials Allowed Access to Data: Intrastate: Offline official administrative staff only has direct access to raw PSE data; Online law enforcement only has access to data on suspicious persons identified by law enforcement and/or suspicious sales identified by purchases exceeding the daily/monthly legal limits. Interstate: Authorized law enforcement from other states can access TMIS information on suspect/suspicious persons pertaining to lab seizures, quarantines, lab sites, associates, and purchases of PSE products made by known meth offenders, persons under investigation by law enforcement and those that exceed legal limits. Authorized Uses of Data: Investigation/intelligence, reporting, quarantine, suspicious sales review, etc Privacy Safeguards: Aside from mandatory compliance with both state and federal laws pertaining to protected information, raw data is not available to browse. However, law enforcement can request and receive records for any person under investigation, regardless of their purchase amounts. The TMIS system reviews and analyses the data and extracts violations to refer to law enforcement. 24

25 # of Identified Purchases in Excess of Legal Limits: 495,000 apparent violations as of 4/28/08. System Data Used to Obtain Convictions: Yes. (information updated as of 06/23/09) 25

26 b. Examples of Jurisdictions Using the Tennessee Methamphetamine Intelligence System (TMIS) The Tennessee Methamphetamine Task Force (Task Force) is currently engaged in several national PSE information exchange initiatives which may help expedite the establishment of PSE tracking systems in other jurisdictions. The goal of the initiatives is to encourage the interstate sharing of information about meth cooks, precursor couriers, organized groups in drug and chemical trafficking and pseudoephedrine purchases. With this in mind, the Task Force has given the TMIS software, free of charge, to many other states. The recipients include officials in New Mexico, Arizona, Illinois, Indiana and Michigan. Additionally, California, Nevada, Washington, Oregon and Hawaii have access to TMIS through the Western States Information Network (WSIN). The Task Force is expanding the exchange to include Georgia, North Carolina, South Carolina and Mississippi. Below is information from Arizona and California outlining their efforts to apply TMIS to their respective states. Arizona Effective Date of Operation: Fully operational as of July 2008; web-based system using TMIS. Letters submitted requesting electronic PSE sales records from major retail chains. As of 7/28/08, Walgreens and Target had agreed to submit records. Geographical Scope: Over 40 cities with ordinances placing PSE products behind the counter (see Appendix A). Administering/Oversight Agency: Maricopa County Sheriff s Office. Agency POC: Commander Pat Lopez, Maricopa County Sheriff s office, Co-Project Director, Maricopa County HIDTA Meth Lab Task Force (Task Force), Program Costs: Start-up: $60,000 Annual Operation: minimal amount of $500-$1,000 for annual license fees and software upgrades. Additional maintenance or re-occurring costs will be absorbed as part of the Task Force budget. # of Employees: 6 County Operating Staff 2 Maricopa County IT personnel/data management, 2 criminal analysts, 1 computer analyst, 1 state Department of Public Safety (DPS) precursor regulatory investigator. Source(s) of Program Funding: COPS meth grant. 26

27 Data Collection: Private Contractor: No. POC: Not Applicable. Requested Data Elements: Retailer ID and store number, buyer ID to include address, date of birth and driver s license number, date of purchase, product name and amount of PSE purchased along with date and time of purchase. Agencies/Entities Reporting Data: Arizona major retail chains with electronic tracking systems. Method and Format of Reporting: Electronic batch submissions over secure web internet site. Frequency of Reporting: Every 7 days. Time After Reporting When Data Available to Access: Almost immediately. Data Retention Time Limits: The intent is to follow the federal guidelines with respect to the purging of criminal intelligence files. System Capable of Generating Reports: Yes. Data Used to Block Product Sales: Program is lead generating. Exceptions Not Applicable. Officials Allowed Access to Data: Intrastate: The PSE system is maintained for the benefit of all Arizona state agencies having jurisdiction. Access will be initially limited to PSE management and analysts. Training will be provided and access granted to investigators assigned to the Task Force. Access will be expanded at a later date to authorized representatives from other state law enforcement agencies. Passwords will be issued and assigned to specific persons for access to secure web based portal to query data and requests reports. Interstate: There is no current interoperability with bordering states because there is no hard connection. Plans are underway to exchange violator data with the Western States Information Network (WSIN) and New Mexico because they will be using identical software. Authorized Uses of Data: Law enforcement purposes only and on a need to know basis. 27

28 Privacy Safeguards: Sales record data is transmitted through a secure network. The PSE system is maintained by a law enforcement agency and access is limited to authorized personnel. Violator data is maintained in a criminal data base file and maintained in compliance with 28CFR. # of Identified Purchases or Attempted Purchases in Excess of Legal Limits: System was too new as of 7/28/08. System Data Used to Obtain Convictions: System was too new as of 7/28/08. (As of 07/17/09, Arizona informed NAMSDL that the information contained in the state s 2008 profile is still current). 28

29 California Effective Date of Operation: The system is currently operational and a formal letter requesting the CA transaction data was sent to Walgreens, Target and CVS corporate offices by the California Department of Justice, Bureau of Narcotic Enforcement in July of Geographical Scope: State of California and Regional Information Sharing System (RISS) agency. Administering/Oversight Agency: California Department of Justice, Bureau of Narcotic Enforcement is the agency making the law enforcement requests for the California transaction data. This agency also owns the data that will be housed with the Western States Information Network (WSIN). Agency POC: Karen L. Aumond, Director OR Glenn Gatbonton, Technology Manager, WSIN, P.O. Box , Sacramento, CA , Program Costs: Start-up: $71,600 of additional hardware and software. Annual Operation: Approximately $250,000 for staffing and maintenance. # of Employees: 2 total. Source(s) of Program Funding: Currently utilizing existing budget and staff positions; seeking additional federal funding. Data Collection: Private Contractor: No. The Tennessee Methamphetamine Intelligence System (TMIS) software is being used by WSIN and is modified to fit the needs of CA, AK, HI and WA. POC: Not applicable. 29

30 Requested Data Elements: See chart below. Purchase Record Fields and Lengths for Uploading Field Name Required Length Field Description Provider Name Yes 50 Store Name Chain Site ID Yes 10 Store Number Transaction Yes 20 Identification Number Purchase Date And Yes 20 Time Last Name Yes 50 First Name Yes 50 Middle Name No 30 Issuing Jurisdiction Yes 2 State Code that issued ID ID Yes 20 Drivers License Number Drug Name or Yes 100 Description Product Name Yes 50 Brand Name Packages Purchased No 3 Milligrams Purchase Yes 9 Number to two decimal points Street Dir No 25 Street Number Yes 10 Street Name Yes 100 Apt No 5 City Address No 50 County Address No 50 State Address No 2 State Code Abbreviation ZIP Code Address Yes 9 Date of Birth No 10 (MM/DD/YYYY) Store/Retailer Information Fields for Uploading Provider Name Yes 60 Store Name Chain Site ID Yes 10 Store Number Address Information Yes 50 Store Street Address City Address Yes 50 Store City State Address Yes 2 State Code Abbreviation County Address Yes 50 Store County Agencies/Entities Reporting Data: Initially, companies that are already participating with the Tennessee application and then expanding to other companies that agree to participate. The following companies are already submitting data to the Tennessee Meth Task Force: Walgreens, Target, CVS Pharmacy, Wal-Mart and Kroger Foods. The California Department of Justice, Bureau of Narcotics Enforcement, mailed request letters to the corporate offices of Walgreens, Target and CVS Pharmacy in July

31 Method and Format of Reporting: Uploaded batch files are pulled from the FTP/Upload Repository. They are then imported into the Pseudo Tracking system as purchaser records; commonly referred to as the POND. All data imported in the POND are kept for a specified period of time for later comparison. The POND is maintained by predetermined purge criteria. Purchase records are processed to determine if the subject is violating the following: 9.0 or more grams per 30 day cycle. Once the purchaser is determined to have violated limits, the purchase records are moved to the Pseudo Tracking Violator database. Frequency of Reporting: Data is submitted weekly or monthly, depending on the retailer, once a formal request has been made to participating companies. Time After Reporting When Data Available to Access: Information Not Provided. Data Retention Time Limits: Violator records adhere to 28 CFR Part 23 and will be stored for 5 years at which time they will be purged if there is no updated criminal activity. System Capable of Generating Reports: Yes. Data Used to Block Product Sales: TMIS software is lead-generating Exceptions Not Applicable. Officials Allowed Access to Data: Intrastate: Companies/retailers are provided access to a secure FTP site (PSEUDO.RISS.NET FTP) in order to submit transaction data. WSIN technical staff pulls the data from the server to load it to the tracking system. An authorized law enforcement user may have access to excess purchase reports that identify those subjects that have made purchases in violation of the Combat Meth Epidemic Act of The authorized law enforcement user may also run a query into the system on violator records only. Interstate: The system is designed to adhere to standards for pseudoephedrine tracking programs as set forth by the American Society for Automation in Pharmacy (ASAP) to ensure its compatibility with other state tracking systems. Only transaction/purchaser records that are violations will be shared with other jurisdictions and will be made available to law enforcement through the RISS network. Violator records stored in the RISSIntel criminal intelligence database will be subject to 28 CFR Part 23 to ensure that only activity that has a criminal predicate will be stored and disseminated. 31

32 Authorized Uses of Data: An authorized law enforcement user may have access to excess purchase reports that identify those subjects that have made purchases in violation of the Combat Meth Epidemic Act of The authorized law enforcement user may also run a query into the system on violator records only. Privacy Safeguards: RISSNET network backbone for secure access and secure file upload. For secure storage of the data, the system relies on redundant application and database servers located in a secure computer room facility with access limited to authorized personnel. 28 CFR Part 23 rules apply to violator records stored and disseminated. # of Identified Purchases or Attempted Purchases in Excess of Legal Limits: As a result of request letters sent to Walgreens, Target and CVS Pharmacy for their pseudoephedrine transaction records, only the Target Corporation complied with the request. As of September 29 th, 2009, WSIN has received a total of 232,220 transaction records, of which, 1,393 transactions were identified to have been made by violators of the Combat Meth Epidemic Act of System Data Used to Obtain Convictions: None as of 7/28/08. (information updated on 10/30/08) 32