Bill Text: IA HF296 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to controlled substances, including by temporarily designating substances as controlled substances, modifying the penalties for imitation controlled substances and certain controlled substances, modifying the controlled substances listed in schedules I, III, and IV, modifying requirements for electronic prescriptions, and providing penalties. (Formerly HSB 61.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-05-11 - Signed by Governor. H.J. 1147. [HF296 Detail]

Download: Iowa-2017-HF296-Enrolled.html

House File 296 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON PUBLIC
                                  SAFETY

                              (SUCCESSOR TO HSB 61)
 \5
                                   A BILL FOR
 \1
                                         House File 296

                             AN ACT
 RELATING TO CONTROLLED SUBSTANCES, INCLUDING BY
    TEMPORARILY DESIGNATING SUBSTANCES AS CONTROLLED SUBSTANCES,
    MODIFYING THE PENALTIES FOR IMITATION CONTROLLED SUBSTANCES
    AND CERTAIN CONTROLLED SUBSTANCES, MODIFYING THE CONTROLLED
    SUBSTANCES LISTED IN SCHEDULES I, III, AND IV, MODIFYING
    REQUIREMENTS FOR ELECTRONIC PRESCRIPTIONS, AND PROVIDING
    PENALTIES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
                 TEMPORARY CONTROLLED SUBSTANCES
    Section 1.  Section 124.201, subsection 4, Code 2017, is
 amended to read as follows:
    4.  If any new substance is designated as a controlled
 substance under federal law and notice of the designation is
 given to the board, the board shall similarly designate as
 controlled the new substance under this chapter after the
 expiration of thirty days from publication in the federal
 register of a final order designating a new substance as a
 controlled substance, unless within that thirty=day period
 the board objects to the new designation. In that case the
 board shall publish the reasons for objection and afford
 all interested parties an opportunity to be heard. At
 the conclusion of the hearing the board shall announce its
 decision. Upon publication of objection to a new substance
 being designated as a controlled substance under this chapter
 by the board, control under this chapter is stayed until the
 board publishes its decision. If a substance is designated
 as controlled by the board under this subsection the control
 shall be considered a temporary and if, within sixty days after
 the next regular session of the general assembly convenes,
 the general assembly has not made the corresponding changes
 in this chapter, the temporary designation of control of
 the substance by the board shall be nullified amendment to
 the schedules of controlled substances in this chapter.  If
 the board so designates a substance as controlled, which
 is considered a temporary amendment to the schedules of
 controlled substances in this chapter, and if the general
 assembly does not amend this chapter to enact the temporary
 amendment and make the enactment effective within two years
 from the date the temporary amendment first became effective,
 the temporary amendment is repealed by operation of law two
 years from the effective date of the temporary amendment.  A
 temporary amendment repealed by operation of law is subject to
 section 4.13 relating to the construction of statutes and the
 application of a general savings provision.
                           DIVISION II
                 IMITATION CONTROLLED SUBSTANCES
    Sec. 2.  Section 124.101, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  15A.  "Imitation controlled substance" means
 a substance which is not a controlled substance but which by
 color, shape, size, markings, and other aspects of dosage unit
 appearance, and packaging or other factors, appears to be or
 resembles a controlled substance. The board may designate a
 substance as an imitation controlled substance pursuant to the
 board's rulemaking authority and in accordance with chapter
 17A.  "Imitation controlled substance" also means any substance
 determined to be an imitation controlled substance pursuant to
 section 124.101B.
    Sec. 3.  NEW SECTION.  124.101B  Factors indicating an
 imitation controlled substance.
    If a substance has not been designated as an imitation
 controlled substance by the board and if dosage unit appearance
 alone does not establish that a substance is an imitation
 controlled substance, the following factors may be considered
 in determining whether the substance is an imitation controlled
 substance:
    1.  The person in control of the substance expressly or
 impliedly represents that the substance has the effect of a
 controlled substance.
    2.  The person in control of the substance expressly
 or impliedly represents that the substance because of its
 nature or appearance can be sold or delivered as a controlled
 substance or as a substitute for a controlled substance.
    3.  The person in control of the substance either demands or
 receives money or other property having a value substantially
 greater than the actual value of the substance as consideration
 for delivery of the substance.
    Sec. 4.  Section 124.401, subsection 1, unnumbered paragraph
 1, Code 2017, is amended to read as follows:
    Except as authorized by this chapter, it is unlawful for any
 person to manufacture, deliver, or possess with the intent to
 manufacture or deliver, a controlled substance, a counterfeit
 substance, or a simulated controlled substance, or an imitation
 controlled substance, or to act with, enter into a common
 scheme or design with, or conspire with one or more other
 persons to manufacture, deliver, or possess with the intent to
 manufacture or deliver a controlled substance, a counterfeit
 substance, or a simulated controlled substance, or an imitation
 controlled substance.
    Sec. 5.  Section 124.401, subsection 1, paragraph a,
 unnumbered paragraph 1, Code 2017, is amended to read as
 follows:
    Violation of this subsection, with respect to the following
 controlled substances, counterfeit substances, or simulated
 controlled substances, or imitation controlled substances, is a
 class "B" felony, and notwithstanding section 902.9, subsection
 1, paragraph "b", shall be punished by confinement for no
 more than fifty years and a fine of not more than one million
 dollars:
    Sec. 6.  Section 124.401, subsection 1, paragraph b,
 unnumbered paragraph 1, Code 2017, is amended to read as
 follows:
    Violation of this subsection with respect to the following
 controlled substances, counterfeit substances, or simulated
 controlled substances, or imitation controlled substances is a
 class "B" felony, and in addition to the provisions of section
 902.9, subsection 1, paragraph "b", shall be punished by a
 fine of not less than five thousand dollars nor more than one
 hundred thousand dollars:
    Sec. 7.  Section 124.401, subsection 1, paragraph c,
 unnumbered paragraph 1, Code 2017, is amended to read as
 follows:
 Violation of this subsection with respect to the following
 controlled substances, counterfeit substances, or simulated
 controlled substances, or imitation controlled substances is a
 class "C" felony, and in addition to the provisions of section
 902.9, subsection 1, paragraph "d", shall be punished by a
 fine of not less than one thousand dollars nor more than fifty
 thousand dollars:
    Sec. 8.  Section 124.401, subsection 1, paragraph c,
 subparagraph (8), Code 2017, is amended to read as follows:
    (8)  Any other controlled substance, counterfeit substance,
 or simulated controlled substance, or imitation controlled
 substance classified in schedule I, II, or III, except as
 provided in paragraph "d".
    Sec. 9.  Section 124.401, subsection 2, Code 2017, is amended
 to read as follows:
    2.  If the same person commits two or more acts which are in
 violation of subsection 1 and the acts occur in approximately
 the same location or time period so that the acts can be
 attributed to a single scheme, plan, or conspiracy, the acts
 may be considered a single violation and the weight of the
 controlled substances, counterfeit substances, or simulated
 controlled substances, or imitation controlled substances
  involved may be combined for purposes of charging the offender.
    Sec. 10.  Section 124.401, subsection 5, unnumbered
 paragraph 1, Code 2017, is amended to read as follows:
    It is unlawful for any person knowingly or intentionally
 to possess a controlled substance unless such substance was
 obtained directly from, or pursuant to, a valid prescription
 or order of a practitioner while acting in the course of the
 practitioner's professional practice, or except as otherwise
 authorized by this chapter. Any person who violates this
 subsection is guilty of a serious misdemeanor for a first
 offense. A person who commits a violation of this subsection
 and who has previously been convicted of violating this chapter
 or chapter 124A, 124B, or 453B, or chapter 124A as it existed
 prior to July 1, 2017, is guilty of an aggravated misdemeanor.
 A person who commits a violation of this subsection and has
 previously been convicted two or more times of violating this
 chapter or chapter 124A, 124B, or 453B, or chapter 124A as it
 existed prior to July 1, 2017, is guilty of a class "D" felony.
    Sec. 11.  Section 124.401A, Code 2017, is amended to read as
 follows:
    124.401A  Enhanced penalty for manufacture or distribution to
 persons on certain real property.
    In addition to any other penalties provided in this chapter,
 a person who is eighteen years of age or older who unlawfully
 manufactures with intent to distribute, distributes, or
 possesses with intent to distribute a substance or counterfeit
 substance listed in schedule I, II, or III, or a simulated or
 imitation controlled substance represented to be a controlled
 substance classified in schedule I, II, or III, to another
 person who is eighteen years of age or older in or on, or within
 one thousand feet of the real property comprising a public or
 private elementary or secondary school, public park, public
 swimming pool, public recreation center, or on a marked school
 bus, may be sentenced up to an additional term of confinement
 of five years.
    Sec. 12.  Section 124.401B, Code 2017, is amended to read as
 follows:
    124.401B  Possession of controlled substances on certain real
 property ==== additional penalty.
    In addition to any other penalties provided in this chapter
 or another chapter, a person who unlawfully possesses a
 substance listed in schedule I, II, or III, or a simulated or
 imitation controlled substance represented to be a controlled
 substance classified in schedule I, II, or III, in or on, or
 within one thousand feet of the real property comprising a
 public or private elementary or secondary school, public park,
 public swimming pool, public recreation center, or on a marked
 school bus, may be sentenced to one hundred hours of community
 service work for a public agency or a nonprofit charitable
 organization. The court shall provide the offender with a
 written statement of the terms and monitoring provisions of the
 community service.
    Sec. 13.  Section 124.406, subsection 2, Code 2017, is
 amended to read as follows:
    2.  A person who is eighteen years of age or older who:
    a.  Unlawfully distributes or possesses with the intent to
 distribute a counterfeit substance listed in schedule I or II,
 or a simulated or imitation controlled substance represented
 to be a substance classified in schedule I or II, to a person
 under eighteen years of age commits a class "B" felony.
 However, if the substance was distributed in or on, or within
 one thousand feet of, the real property comprising a public or
 private elementary or secondary school, public park, public
 swimming pool, public recreation center, or on a marked school
 bus, the person shall serve a minimum term of confinement of
 ten years.
    b.  Unlawfully distributes or possesses with intent to
 distribute a counterfeit substance listed in schedule III, or
 a simulated or imitation controlled substance represented to
 be any substance listed in schedule III, to a person under
 eighteen years of age who is at least three years younger than
 the violator commits a class "C" felony.
    c.  Unlawfully distributes a counterfeit substance listed
 in schedule IV or V, or a simulated or imitation controlled
 substance represented to be a substance listed in schedule IV
 or V, to a person under eighteen years of age who is at least
 three years younger than the violator commits an aggravated
 misdemeanor.
    Sec. 14.  Section 124.415, Code 2017, is amended to read as
 follows:
    124.415  Parental and school notification ==== persons under
 eighteen years of age.
    A peace officer shall make a reasonable effort to identify a
 person under the age of eighteen discovered to be in possession
 of a controlled substance, counterfeit substance, or simulated
 controlled substance, or imitation controlled substance in
 violation of this chapter, and if the person is not referred
 to juvenile court, the law enforcement agency of which the
 peace officer is an employee shall make a reasonable attempt
 to notify the person's custodial parent or legal guardian
 of such possession, whether or not the person is arrested,
 unless the officer has reasonable grounds to believe that such
 notification is not in the best interests of the person or will
 endanger that person. If the person is taken into custody,
 the peace officer shall notify a juvenile court officer who
 shall make a reasonable effort to identify the elementary or
 secondary school the person attends, if any, and to notify the
 superintendent of the school district, the superintendent's
 designee, or the authorities in charge of the nonpublic school
 of the taking into custody. A reasonable attempt to notify
 the person includes but is not limited to a telephone call or
 notice by first=class mail.
    Sec. 15.  NEW SECTION.  124.417  Imitation controlled
 substances ==== exceptions.
    It is not unlawful under this chapter for a person registered
 under section 124.302, to manufacture, deliver, or possess with
 the intent to manufacture or deliver, or to act with, one or
 more other persons to manufacture, deliver, or possess with
 the intent to manufacture or deliver an imitation controlled
 substance for use as a placebo by a registered practitioner in
 the course of professional practice or research.
    Sec. 16.  Section 124.502, subsection 1, paragraph a, Code
 2017, is amended to read as follows:
    a.  A district judge or district associate judge, within
 the court's jurisdiction, and upon proper oath or affirmation
 showing probable cause, may issue warrants for the purpose of
 conducting administrative inspections under this chapter or
 a related rule or under chapter 124A.  The warrant may also
 permit seizures of property appropriate to the inspections.
 For purposes of the issuance of administrative inspection
 warrants, probable cause exists upon showing a valid public
 interest in the effective enforcement of the statute or related
 rules, sufficient to justify administrative inspection of the
 area, premises, building, or conveyance in the circumstances
 specified in the application for the warrant.
    Sec. 17.  Section 155A.6, subsection 3, Code 2017, is amended
 to read as follows:
    3.  The board shall establish standards for
 pharmacist=intern registration and may deny, suspend,
 or revoke a pharmacist=intern registration for failure to meet
 the standards or for any violation of the laws of this state,
 another state, or the United States relating to prescription
 drugs, controlled substances, or nonprescription drugs, or for
 any violation of this chapter or chapter 124, 124A, 124B, 126,
 147, or 205, or any rule of the board.
    Sec. 18.  Section 155A.6A, subsection 5, Code 2017, is
 amended to read as follows:
    5.  The board may deny, suspend, or revoke the registration
 of, or otherwise discipline, a registered pharmacy technician
 for any violation of the laws of this state, another state, or
 the United States relating to prescription drugs, controlled
 substances, or nonprescription drugs, or for any violation of
 this chapter or chapter 124, 124A, 124B, 126, 147, 205, or
 272C, or any rule of the board.
    Sec. 19.  Section 155A.6B, subsection 5, Code 2017, is
 amended to read as follows:
    5.  The board may deny, suspend, or revoke the registration
 of a pharmacy support person or otherwise discipline the
 pharmacy support person for any violation of the laws of
 this state, another state, or the United States relating to
 prescription drugs, controlled substances, or nonprescription
 drugs, or for any violation of this chapter or chapter 124,
 124A, 124B, 126, 147, 205, or 272C, or any rule of the board.
    Sec. 20.  Section 155A.13A, subsection 5, paragraph d, Code
 2017, is amended to read as follows:
    d.  Any violation of this chapter or chapter 124, 124A, 124B,
 126, or 205, or rule of the board.
    Sec. 21.  Section 155A.17, subsection 2, Code 2017, is
 amended to read as follows:
    2.  The board shall establish standards for drug wholesaler
 licensure and may define specific types of wholesaler licenses.
 The board may deny, suspend, or revoke a drug wholesale license
 for failure to meet the applicable standards or for a violation
 of the laws of this state, another state, or the United
 States relating to prescription drugs, devices, or controlled
 substances, or for a violation of this chapter, chapter 124,
 124A, 124B, 126, or 205, or a rule of the board.
    Sec. 22.  Section 155A.42, subsection 4, Code 2017, is
 amended to read as follows:
    4.  The board may deny, suspend, or revoke a limited drug and
 device distributor's license for failure to meet the applicable
 standards or for a violation of the laws of this state, another
 state, or the United States relating to prescription drugs or
 controlled substances, or for a violation of this chapter,
 chapter 124, 124A, 124B, 126, 205, or 272C, or a rule of the
 board.
    Sec. 23.  REPEAL.  Chapter 124A, Code 2017, is repealed.
                          DIVISION III
               CONTROLLED SUBSTANCES == PENALTIES
    Sec. 24.  Section 124.401, subsection 1, paragraph a, Code
 2017, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (8)  More than ten kilograms of a
 mixture or substance containing any detectable amount of those
 substances identified in section 124.204, subsection 9.
    Sec. 25.  Section 124.401, subsection 1, paragraph b, Code
 2017, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (9)  More than five kilograms but not
 more than ten kilograms of a mixture or substance containing
 any detectable amount of those substances identified in section
 124.204, subsection 9.
    Sec. 26.  Section 124.401, subsection 1, paragraph c, Code
 2017, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (7A)  Five kilograms or less of a
 mixture or substance containing any detectable amount of those
 substances identified in section 124.204, subsection 9.
    Sec. 27.  Section 124.401, subsection 1, paragraph d, Code
 2017, is amended to read as follows:
    d.  Violation of this subsection, with respect to any other
 controlled substances, counterfeit substances, or simulated
 controlled substances classified in section 124.204, subsection
 4, paragraph "ai", or section 124.204, subsection 6, paragraph
 "i", or, or imitation controlled substances classified in
 schedule IV or V is an aggravated misdemeanor. However,
 violation of this subsection involving fifty kilograms or less
 of marijuana or involving flunitrazepam is a class "D" felony.
                           DIVISION IV
                ADDITIONAL CONTROLLED SUBSTANCES
    Sec. 28.  Section 124.204, subsection 9, Code 2017, is
 amended by adding the following new paragraphs:
    NEW PARAGRAPH.  p.  N=(1=phenethylpiperidin=4=yl)=N=
 phenylfuran=2=carboxamide, its isomers, esters, ethers, salts
 and salts of isomers, esters and ethers. Other names: Furanyl
 fentanyl.
    NEW PARAGRAPH.  q.  N=(1=phenethylpiperidin=4=yl)=N=
 phenylbutyramide, its isomers, esters, ethers, salts and salts
 of isomers, esters and ethers. Other names: Butyryl fentanyl.
    NEW PARAGRAPH.  r.  N=[1=[2=hydroxy=2=(thiophen=2=
 yl)ethyl]piperidin=4=yl]=N=phenylpropionamide, its isomers,
 esters, ethers, salts and salts of isomers, esters and ethers.
 Other names: beta=hydroxythiofentanyl.
    NEW PARAGRAPH.  s.  3,4=Dichloro=N=[2=
 (dimethylamino)cyclohexyl]=N=methylbenzamide, its isomers,
 esters, ethers, salts and salts of isomers, esters and ethers.
 Other names: U=47700.
                           DIVISION V
                    ELECTRONIC PRESCRIPTIONS
    Sec. 29.  Section 155A.27, subsection 1, paragraph b, Code
 2017, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (3)  Notwithstanding paragraph "a",
 subparagraph (5), for prescriptions for drugs that are not
 controlled substances, if transmitted by an authorized agent,
 the electronic prescription shall not require the written
 or electronic signature of the practitioner issuing the
 prescription.


                                                                                            LINDA UPMEYER


                                                                                            JACK WHITVER


                                                                                            CARMINE BOAL


                                                                                            TERRY E. BRANSTA

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