Email, response to PolitiFact Texas, Gay Dodson, executive director, Texas State Board of Pharmacy

3:32 pm, March 21, 2012

I’ve attached a copy of HB 1137 that was passed by the 2011 Legislature. This bill did make some changes on what form of ID is needed to purchase pseudoephedrine in Section 486.014 of the Act. Now the ID has to be “government issued” and the seller has to also make a record of some additional information (date of birth, address of the purchaser, type of ID used and the time of the purchase). See page 2 of the attached bill.

In 2005 Congress passed the “Combat Methamphetamine Epidemic Act.” DEA has adopted regulations to implement this act. These regulations do require purchasers to show an ID to purchase. Below is a part of a Q&A on the DEA Website that explains what ID the customer must provide. As you can see a government issued ID is required. If you’d like to see the actual rule language you can find it and the Q&A at the following link.

http://www.deadiversion.usdoj.gov/meth/index.html and under the heading ” SALES OF SCHEDULED LISTED CHEMICAL PRODUCTS.”

Since DEA has adopted these rules, every state must comply with these rules. Therefore, every state has this requirement.

Q. What identification must a customer provide to purchase these products?

A. Purchasers must show a photo identification issued by a state or federal government. If the purchaser does not have such a photo ID, other forms of identification can be used. See www.deadiversion.usdoj.gov/meth/index.html for a list of alternate forms of identification. You may not sell the product unless your customer provides identification. The regulated seller must verify that the customer’s name matches the name written in the logbook by that individual and that the date and time of sale are correct.

I hope this helps.

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Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Austin, Texas 78701