Decongestant-restricting bill tabled

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A Utah legislator wanted to make it more difficult to get behind-the-counter decongestants.

Rep. Neil Hansen, D-Ogden, is sponsoring House Bill 267, which would have made ephedrine, pseudoephedrine, norpseudoephedrine, and phenylpropanolamine Schedule V controlled substances. The drugs are used in over-the-counter decongestants, but are also among the ingredients used to make methamphetamine.

Under Hansen's bill, which was tabled by the House Law Enforcement and Criminal Justice Committee Wednesday, only pharmacies would be allowed to sell the decongestants, such as Sudafed and Claritin. Currently the medicine is available at convenience stores and small grocery stores, but is behind the counter.

A Schedule V drug requires a prescription, according to the Drug Enforcement Administration Web site.

The Food & Drug Administration approved the behind-the-counter drugs for sale without a prescription.

Hansen said he is concerned about the behind-the-counter drugs because his district has the largest number of meth users in the state.

Individuals are getting around restrictions in current laws by shopping at different stores to get the quantity of drugs needed to make meth, he said. Even though a customer has to sign a log book and show a photo identification, the information is put into a box or filing cabinet and not inspected by the Division of Occupational and Professional Licensing.

Hansen wanted those who bought the drug to be included on DOPL's database, similar to those who buy Schedule II drugs, such as Loratab and OxyCotin.

Rep. Michael Morley, R-Spanish Fork, sponsored House Bill 429, which was passed by the Legislature in 2006. It requires anyone who buys a decongestant with ephedrine, pseudoephedrine, norpseudoephedrine and phenylopropanolamine to show photo identification and sign for it. Stores and pharmacies are required to keep the decongestant behind the counter. Morley's bill is similar to the federal Combat Methamphetamine Epidemic Act 2005.

Since Morley's bill went into effect last year, law enforcement has not discovered any meth labs in Utah, said Rep. Curt Oda, R-Clearfield.

The bill would have hurt rural areas where there are only small stores that do not have pharmacies, said Mandy Hagan, with Consumer Health Care Products Association in Washington, D.C.

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