Bill Text: IA HF567 | 2015-2016 | 86th General Assembly | Amended
Bill Title: A bill for an act relating to controlled substances, including by enhancing the penalties for imitation controlled substances, modifying the controlled substances listed in schedules I, III, and IV, and temporarily designating substances as controlled substances, and providing penalties. (Formerly HF 279)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-04-26 - Fiscal note, as amended. HCS. [HF567 Detail]
Download: Iowa-2015-HF567-Amended.html
House File 567 - Reprinted HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 279) (As Amended and Passed by the House March 17, 2015) A BILL FOR 1 An Act relating to controlled substances, including by 2 enhancing the penalties for imitation controlled substances, 3 modifying the controlled substances listed in schedules 4 I, III, and IV, and temporarily designating substances as 5 controlled substances, and providing penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: HF 567 (5) 86 jm/rj/md PAG LIN 1 1 Section 1. Section 124.101, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 15A. "Imitation controlled substance" means 1 4 a substance which is not a controlled substance but which by 1 5 color, shape, size, markings, and other aspects of dosage unit 1 6 appearance, and packaging or other factors, appears to be or 1 7 resembles a controlled substance. The board of pharmacy may 1 8 designate a substance as an imitation controlled substance 1 9 pursuant to the board's rulemaking authority and in accordance 1 10 with chapter 17A. "Imitation controlled substance" also 1 11 means any substance determined to be an imitation controlled 1 12 substance pursuant to section 124.101B. 1 13 Sec. 2. NEW SECTION. 124.101B Factors indicating an 1 14 imitation controlled substance. 1 15 If a substance has not been designated as an imitation 1 16 controlled substance by the board of pharmacy and if dosage 1 17 unit appearance alone does not establish that a substance is an 1 18 imitation controlled substance, the following factors may be 1 19 considered in determining whether the substance is an imitation 1 20 controlled substance: 1 21 1. The person in control of the substance expressly or 1 22 impliedly represents that the substance has the effect of a 1 23 controlled substance. 1 24 2. The person in control of the substance expressly 1 25 or impliedly represents that the substance because of its 1 26 nature or appearance can be sold or delivered as a controlled 1 27 substance or as a substitute for a controlled substance. 1 28 3. The person in control of the substance either demands or 1 29 receives money or other property having a value substantially 1 30 greater than the actual value of the substance as consideration 1 31 for delivery of the substance. 1 32 Sec. 3. Section 124.201, subsection 4, Code 2015, is amended 1 33 to read as follows: 1 34 4. If any new substance is designated as a controlled 1 35 substance under federal law and notice of the designation is 2 1 given to the board, the board shall similarly designate as 2 2 controlled the new substance under this chapter after the 2 3 expiration of thirty days from publication in the federal 2 4 register of a final order designating a new substance as a 2 5 controlled substance, unless within that thirty=day period 2 6 the board objects to the new designation. In that case the 2 7 board shall publish the reasons for objection and afford 2 8 all interested parties an opportunity to be heard. At 2 9 the conclusion of the hearing the board shall announce its 2 10 decision. Upon publication of objection to a new substance 2 11 being designated as a controlled substance under this chapter 2 12 by the board, control under this chapter is stayed until the 2 13 board publishes its decision. If a substance is designated 2 14 as controlled by the board under this subsection the control 2 15 shall be considered a temporaryand if, within sixty days after 2 16 the next regular session of the general assembly convenes, 2 17 the general assembly has not made the corresponding changes 2 18 in this chapter, the temporary designation of control of 2 19 the substance by the board shall be nullifiedamendment to 2 20 the schedules of controlled substances in this chapter. If 2 21 the board so designates a substance as controlled, which 2 22 is considered a temporary amendment to the schedules of 2 23 controlled substances in this chapter, and if the general 2 24 assembly does not amend this chapter to enact the temporary 2 25 amendment and make the enactment effective within two years 2 26 from the date the temporary amendment first became effective, 2 27 the temporary amendment is repealed by operation of law two 2 28 years from the effective date of the temporary amendment. A 2 29 temporary amendment repealed by operation of law is subject to 2 30 section 4.13 relating to the construction of statutes and the 2 31 application of a general savings provision. 2 32 Sec. 4. Section 124.204, subsection 4, paragraph ai, 2 33 subparagraphs (3), (4), and (5), Code 2015, are amended by 2 34 striking the subparagraphs. 2 35 Sec. 5. Section 124.204, subsection 4, paragraph aj, Code 3 1 2015, is amended by striking the paragraph and inserting in 3 2 lieu thereof the following: 3 3 aj. 5=methoxy=N,N=dimethyltryptamine. Some trade or other 3 4 names: 5=methoxy=3=[2=(dimethylamino)ethyl]indole; 5=MeO=DMT. 3 5 Sec. 6. Section 124.204, subsection 4, paragraph ak, Code 3 6 2015, is amended by striking the paragraph and inserting in 3 7 lieu thereof the following: 3 8 ak. 2=(2,5=Dimethoxy=4=ethylphenyl)ethanamine (2C=E). 3 9 Sec. 7. Section 124.204, subsection 4, Code 2015, is amended 3 10 by adding the following new paragraphs: 3 11 NEW PARAGRAPH. al. 2=(2,5=Dimethoxy=4= 3 12 methylphenyl)ethanamine (2C=D). 3 13 NEW PARAGRAPH. am. 2=(4=Chloro=2,5= 3 14 dimethoxyphenyl)ethanamine (2C=C). 3 15 NEW PARAGRAPH. an. 2=(4=Iodo=2,5= 3 16 dimethoxyphenyl)ethanamine (2C=I). 3 17 NEW PARAGRAPH. ao. 2=[4=(Ethylthio)=2,5= 3 18 dimethoxyphenyl]ethanamine (2C=T=2). 3 19 NEW PARAGRAPH. ap. 2=[4=(Isopropylthio)=2,5= 3 20 dimethoxyphenyl]ethanamine (2C=T=4). 3 21 NEW PARAGRAPH. aq. 2=(2,5=Dimethoxyphenyl) 3 22 ethanamine (2C=H). 3 23 NEW PARAGRAPH. ar. 2=(2,5=Dimethoxy=4= 3 24 nitrophenyl)ethanamine (2C=N). 3 25 NEW PARAGRAPH. as. 2=(2,5=Dimethoxy=4=(n)= 3 26 propylphenyl)ethanamine (2C=P). 3 27 Sec. 8. Section 124.204, subsection 6, paragraph i, 3 28 subparagraph (3), Code 2015, is amended by striking the 3 29 subparagraph and inserting in lieu thereof the following: 3 30 (3) 3,4=Methylenedioxy=N=methylcathinone (methylone). 3 31 Sec. 9. Section 124.204, subsection 6, paragraph i, 3 32 subparagraphs (18), (19), (20), (21), and (22), Code 2015, are 3 33 amended by striking the subparagraphs and inserting in lieu 3 34 thereof the following: 3 35 (18) 4=methyl=N=ethylcathinone. Other names: 4=MEC, 4 1 2=(ethylamino)=1=(4=methylphenyl)propan=1=one. 4 2 (19) 4=methyl=alpha6 pyrrolidinopropiophenone. 4 3 Other names: 4=MePPP, MePPP, 4 4 4=methyl=[alpha]=pyrrolidinopropiophenone, 8 4 5 1=(4=methylphenyl)=2=(pyrrolidin=1=yl)=propan=1=one. 4 6 (20) Pentedrone. Other names: 4 7 [alpha]=methylaminovalerophenone, 4 8 2=(methylamino)=1=phenylpentan=1=one. 4 9 (21) Pentylone. Other names: bk=MBDP, 4 10 1=(1,3=benzodioxol=5=yl)=2=(methylamino)pentan=1=one. 4 11 (22) Alpha=pyrrolidinobutiophenone. Other names: 4 12 [alpha]=PBP, 1=phenyl=2=(pyrrolidin=1=yl)butan=1=one. 4 13 Sec. 10. Section 124.204, subsection 6, paragraph i, 4 14 subparagraphs (23), (24), (25), and (26), Code 2015, are 4 15 amended by striking the subparagraphs. 4 16 Sec. 11. Section 124.204, subsection 9, Code 2015, is 4 17 amended by adding the following new paragraphs: 4 18 NEW PARAGRAPH. 0a. HU=210. [(6aR,10aR)=9=(hydroxymethyl)= 4 19 6,6=dimethyl=3=(2=methyloctan=2=yl) 6a,7,10,10a= 4 20 tetrahydrobenzo[c] chromen=1=ol)]. 4 21 NEW PARAGRAPH. 00a. HU=211(dexanabinol, 4 22 (6aS,10aS)=9=(hydroxymethyl)=6,6=dimethyl=3=(2= 4 23 methyloctan=2=yl)=6a,7,10,10a=tetrahydrobenzo[c] chromen=1=ol). 4 24 NEW PARAGRAPH. 000a. Unless specifically exempted or unless 4 25 listed in another schedule, any material, compound, mixture, 4 26 or preparation which contains any quantity of cannabimimetic 4 27 agents, or which contains their salts, isomers, and salts of 4 28 isomers whenever the existence of such salts, isomers, and 4 29 salts of isomers is possible within the specific chemical 4 30 designation. 4 31 (1) The term "cannabimimetic agents" means any substance 4 32 that is a cannabinoid receptor type 1 (CB1 receptor) agonist as 4 33 demonstrated by binding studies and functional assays within 4 34 any of the following structural classes: 4 35 (a) 2=(3=hydroxycyclohexyl)phenol with substitution at the 5 1 5=position of the phenolic ring by alkyl or alkenyl, whether or 5 2 not substituted on the cyclohexyl ring to any extent. 5 3 (b) 3=(1=naphthoyl)indole or 3=(1=naphthylmethane)indole by 5 4 substitution at the nitrogen atom of the indole ring, whether 5 5 or not further substituted on the indole ring to any extent, 5 6 whether or not substituted on the naphthoyl or naphthyl ring 5 7 to any extent. 5 8 (c) 3=(1=naphthoyl)pyrrole by substitution at the nitrogen 5 9 atom of the pyrrole ring, whether or not further substituted in 5 10 the pyrrole ring to any extent, whether or not substituted on 5 11 the naphthoyl ring to any extent. 5 12 (d) 1=(1=naphthylmethylene)indene by substitution of 5 13 the 3=position of the indene ring, whether or not further 5 14 substituted in the indene ring to any extent, whether or not 5 15 substituted on the naphthyl ring to any extent. 5 16 (e) 3=phenylacetylindole or 3=benzoylindole by substitution 5 17 at the nitrogen atom of the indole ring, whether or not further 5 18 substituted in the indole ring to any extent, whether or not 5 19 substituted on the phenyl ring to any extent. 5 20 (2) Such terms include: 5 21 (a) CP 47,497 and homologues 5=(1,1=dimethylheptyl)=2= 5 22 [(1R,3S)=3=hydroxycyclohexl]phenol. 5 23 (b) JWH=018 and AM678 1=Pentyl=3=(1=naphthoyl)indole. 5 24 (c) JWH=073 1=Butyl=3=(1=naphthoyl)indole. 5 25 (d) JWH=200[1=[2=(4=morpholinyl)ethyl]=1H= 5 26 indol=3=yl]=1=naphthalenyl=methanone. 5 27 (e) JWH=19 1=hexyl=3=(1=naphthoyl)indole. 5 28 (f) JWH=81 1=pentyl=3=[1=(4=methoxynaphthoyl)]indole. 5 29 (g) JWH=122 1=pentyl=3=(4=methyl=1=naphthoyl)indole. 5 30 (h) JWH=250 1=pentyl=3=(2=methoxyphenylacetyl)indole. 5 31 (i) RCS=4 and SR=19 1=pentyl=3=[(4methoxy)=benzoyl]indole. 5 32 (j) RCS=8 and SR 18 1=cyclohexylethyl=3= 5 33 (2=methoxyphenylacetyl)indole. 5 34 (k) AM2201 1=(5=fluoropentyl)=3=(1=naphthoyl)indole. 5 35 (l) JWH=203 1=pentyl=3=(2=chlorophenylacetyl)indole. 6 1 (m) JWH=398 1=pentyl=3=(4=chloro=1=naphthoyl)indole. 6 2 (n) AM694 1=(5=fluoropentyl)=3=(2=iodobenzoyl)indole. 6 3 (o) Cannabicyclohexanol or CP=47,497 C8=homolog 5= 6 4 (1,1=dimethyloctyl)=2=[(1R,3S)=3=hydroxycyclohexyl]=phenol. 6 5 NEW PARAGRAPH. 0d. N=(1=amino=3=methyl=1=oxobutan=2= 6 6 yl)=1=(4= fluorobenzyl)=1H=indazole=3=carboxamide. Other 6 7 names: AB=FUBINACA. 6 8 NEW PARAGRAPH. 00d. N=(1=amino= 6 9 3,3=dimethyl=1=oxobutan=2=yl)=1=pentyl= 6 10 1 H=indazole=3=carboxamide. Other names: ADB=PINACA. 6 11 NEW PARAGRAPH. 000d. Quinolin=8=yl 6 12 1=pentyl=lH=indole=3=carboxylate. 6 13 Other names: PB=22, QUPIC. 6 14 NEW PARAGRAPH. 0000d. Quinolin=8=yl 6 15 1=(5=fluoropentyl)=1H=indole=3=carboxylate. Other names: 6 16 5=fluoro=PB=22, 5F=PB=22. 6 17 NEW PARAGRAPH. 00000d. N=(1=amino=3=methyl=1=oxobutan= 6 18 2=yl)=1=pentyl=1H=indazole=3=carboxamide. Other names: 6 19 AB=PINACA. 6 20 NEW PARAGRAPH. 000000d. N=(1=amino=3=methyl=1=oxobutan= 6 21 2=yl)=1=(cyclohexylmethyl)=1H=indazole=3=carboxamide. Other 6 22 names: AB=CHMINACA. 6 23 NEW PARAGRAPH. 0000000d. [1=(5=fluoropentyl)=1H=indazol= 6 24 3=yl](naphthalen=1=yl)methanone. Other names: THJ=2201. 6 25 Sec. 12. Section 124.208, subsection 5, paragraph a, 6 26 subparagraphs (3) and (4), Code 2015, are amended by striking 6 27 the subparagraphs. 6 28 Sec. 13. Section 124.210, subsection 2, Code 2015, is 6 29 amended by adding the following new paragraph: 6 30 NEW PARAGRAPH. c. 2=[(dimethylamino)methyl]=1= 6 31 (3=methoxyphenyl)cyclohexanol, its salts, optical and geometric 6 32 isomers, and salts of these isomers (including tramadol). 6 33 Sec. 14. Section 124.210, subsection 3, Code 2015, is 6 34 amended by adding the following new paragraphs: 6 35 NEW PARAGRAPH. bb. Alfaxalone. 7 1 NEW PARAGRAPH. bc. Suvorexant. 7 2 Sec. 15. Section 124.401, subsection 1, unnumbered 7 3 paragraph 1, Code 2015, is amended to read as follows: 7 4 Except as authorized by this chapter, it is unlawful for any 7 5 person to manufacture, deliver, or possess with the intent to 7 6 manufacture or deliver, a controlled substance, a counterfeit 7 7 substance,ora simulated controlled substance, or an imitation 7 8 controlled substance, or to act with, enter into a common 7 9 scheme or design with, or conspire with one or more other 7 10 persons to manufacture, deliver, or possess with the intent to 7 11 manufacture or deliver a controlled substance, a counterfeit 7 12 substance,ora simulated controlled substance, or an imitation 7 13 controlled substance. 7 14 Sec. 16. Section 124.401, subsection 1, paragraph a, 7 15 unnumbered paragraph 1, Code 2015, is amended to read as 7 16 follows: 7 17 Violation of this subsection, with respect to the following 7 18 controlled substances, counterfeit substances,orsimulated 7 19 controlled substances, or imitation controlled substances, is a 7 20 class "B" felony, and notwithstanding section 902.9, subsection 7 21 1, paragraph "b", shall be punished by confinement for no 7 22 more than fifty years and a fine of not more than one million 7 23 dollars: 7 24 Sec. 17. Section 124.401, subsection 1, paragraph a, Code 7 25 2015, is amended by adding the following new subparagraph: 7 26 NEW SUBPARAGRAPH. (8) More than ten kilograms of a 7 27 mixture or substance containing any detectable amount of those 7 28 substances identified in section 124.204, subsection 9. 7 29 Sec. 18. Section 124.401, subsection 1, paragraph b, 7 30 unnumbered paragraph 1, Code 2015, is amended to read as 7 31 follows: 7 32 Violation of this subsection with respect to the following 7 33 controlled substances, counterfeit substances,orsimulated 7 34 controlled substances, or imitation controlled substances is a 7 35 class "B" felony, and in addition to the provisions of section 8 1 902.9, subsection 1, paragraph "b", shall be punished by a 8 2 fine of not less than five thousand dollars nor more than one 8 3 hundred thousand dollars: 8 4 Sec. 19. Section 124.401, subsection 1, paragraph b, Code 8 5 2015, is amended by adding the following new subparagraph: 8 6 NEW SUBPARAGRAPH. (9) More than five kilograms but not 8 7 more than ten kilograms of a mixture or substance containing 8 8 any detectable amount of those substances identified in section 8 9 124.204, subsection 9. 8 10 Sec. 20. Section 124.401, subsection 1, paragraph c, 8 11 unnumbered paragraph 1, Code 2015, is amended to read as 8 12 follows: 8 13 Violation of this subsection with respect to the following 8 14 controlled substances, counterfeit substances,orsimulated 8 15 controlled substances, or imitation controlled substances is a 8 16 class "C" felony, and in addition to the provisions of section 8 17 902.9, subsection 1, paragraph "d", shall be punished by a 8 18 fine of not less than one thousand dollars nor more than fifty 8 19 thousand dollars: 8 20 Sec. 21. Section 124.401, subsection 1, paragraph c, Code 8 21 2015, is amended by adding the following new subparagraph: 8 22 NEW SUBPARAGRAPH. (8) Five kilograms or less of a mixture 8 23 or substance containing any detectable amount of those 8 24 substances identified in section 124.204, subsection 9. 8 25 Sec. 22. Section 124.401, subsection 1, paragraph c, 8 26 subparagraph (8), Code 2015, is amended to read as follows: 8 27(8)(9) Any other controlled substance, counterfeit 8 28 substance,orsimulated controlled substance, or imitation 8 29 substance classified in schedule I, II, or III, except as 8 30 provided in paragraph "d". 8 31 Sec. 23. Section 124.401, subsection 1, paragraph d, Code 8 32 2015, is amended to read as follows: 8 33 d. Violation of this subsection, with respect to any other 8 34 controlled substances, counterfeit substances,orsimulated 8 35 controlled substancesclassified in section 124.204, subsection 9 1 4, paragraph "ai", or section 124.204, subsection 6, paragraph 9 2 "i", or, or imitation controlled substances classified in 9 3 schedule IV or V is an aggravated misdemeanor. However, 9 4 violation of this subsection involving fifty kilograms or less 9 5 of marijuana or involving flunitrazepam is a class "D" felony. 9 6 Sec. 24. Section 124.401, subsection 2, Code 2015, is 9 7 amended to read as follows: 9 8 2. If the same person commits two or more acts which are in 9 9 violation of subsection 1 and the acts occur in approximately 9 10 the same location or time period so that the acts can be 9 11 attributed to a single scheme, plan, or conspiracy, the acts 9 12 may be considered a single violation and the weight of the 9 13 controlled substances, counterfeit substances,orsimulated 9 14 controlled substances, or imitation controlled substances 9 15 involved may be combined for purposes of charging the offender. 9 16 Sec. 25. Section 124.401, subsection 5, unnumbered 9 17 paragraph 1, Code 2015, is amended to read as follows: 9 18 It is unlawful for any person knowingly or intentionally 9 19 to possess a controlled substance unless such substance was 9 20 obtained directly from, or pursuant to, a valid prescription 9 21 or order of a practitioner while acting in the course of the 9 22 practitioner's professional practice, or except as otherwise 9 23 authorized by this chapter. Any person who violates this 9 24 subsection is guilty of a serious misdemeanor for a first 9 25 offense. A person who commits a violation of this subsection 9 26 and who has previously been convicted of violating this chapter 9 27 or chapter124A,124B,or 453B, or chapter 124A as it existed 9 28 prior to July 1, 2015, is guilty of an aggravated misdemeanor. 9 29 A person who commits a violation of this subsection and has 9 30 previously been convicted two or more times of violating this 9 31 chapter or chapter124A,124B,or 453B is guilty of a class "D" 9 32 felony. 9 33 Sec. 26. Section 124.401A, Code 2015, is amended to read as 9 34 follows: 9 35 124.401A Enhanced penalty for manufacture or distribution to 10 1 persons on certain real property. 10 2 In addition to any other penalties provided in this chapter, 10 3 a person who is eighteen years of age or older who unlawfully 10 4 manufactures with intent to distribute, distributes, or 10 5 possesses with intent to distribute a substance or counterfeit 10 6 substance listed in schedule I, II, or III, or a simulated or 10 7 imitation controlled substance represented to be a controlled 10 8 substance classified in schedule I, II, or III, to another 10 9 person who is eighteen years of age or older in or on, or within 10 10 one thousand feet of the real property comprising a public or 10 11 private elementary or secondary school, public park, public 10 12 swimming pool, public recreation center, or on a marked school 10 13 bus, may be sentenced up to an additional term of confinement 10 14 of five years. 10 15 Sec. 27. Section 124.401B, Code 2015, is amended to read as 10 16 follows: 10 17 124.401B Possession of controlled substances on certain real 10 18 property ==== additional penalty. 10 19 In addition to any other penalties provided in this chapter 10 20 or another chapter, a person who unlawfully possesses a 10 21 substance listed in schedule I, II, or III, or a simulated or 10 22 imitation controlled substance represented to be a controlled 10 23 substance classified in schedule I, II, or III, in or on, or 10 24 within one thousand feet of the real property comprising a 10 25 public or private elementary or secondary school, public park, 10 26 public swimming pool, public recreation center, or on a marked 10 27 school bus, may be sentenced to one hundred hours of community 10 28 service work for a public agency or a nonprofit charitable 10 29 organization. The court shall provide the offender with a 10 30 written statement of the terms and monitoring provisions of the 10 31 community service. 10 32 Sec. 28. Section 124.406, subsection 2, Code 2015, is 10 33 amended to read as follows: 10 34 2. A person who is eighteen years of age or older who: 10 35 a. Unlawfully distributes or possesses with the intent to 11 1 distribute a counterfeit substance listed in schedule I or II, 11 2 or a simulated or imitation controlled substance represented 11 3 to be a substance classified in schedule I or II, to a person 11 4 under eighteen years of age commits a class "B" felony. 11 5 However, if the substance was distributed in or on, or within 11 6 one thousand feet of, the real property comprising a public or 11 7 private elementary or secondary school, public park, public 11 8 swimming pool, public recreation center, or on a marked school 11 9 bus, the person shall serve a minimum term of confinement of 11 10 ten years. 11 11 b. Unlawfully distributes or possesses with intent to 11 12 distribute a counterfeit substance listed in schedule III, or 11 13 a simulated or imitation controlled substance represented to 11 14 be any substance listed in schedule III, to a person under 11 15 eighteen years of age who is at least three years younger than 11 16 the violator commits a class "C" felony. 11 17 c. Unlawfully distributes a counterfeit substance listed 11 18 in schedule IV or V, or a simulated or imitation controlled 11 19 substance represented to be a substance listed in schedule IV 11 20 or V, to a person under eighteen years of age who is at least 11 21 three years younger than the violator commits an aggravated 11 22 misdemeanor. 11 23 Sec. 29. Section 124.415, Code 2015, is amended to read as 11 24 follows: 11 25 124.415 Parental and school notification ==== persons under 11 26 eighteen years of age. 11 27 A peace officer shall make a reasonable effort to identify a 11 28 person under the age of eighteen discovered to be in possession 11 29 of a controlled substance, counterfeit substance,orsimulated 11 30 controlled substance, or imitation controlled substance in 11 31 violation of this chapter, and if the person is not referred 11 32 to juvenile court, the law enforcement agency of which the 11 33 peace officer is an employee shall make a reasonable attempt 11 34 to notify the person's custodial parent or legal guardian 11 35 of such possession, whether or not the person is arrested, 12 1 unless the officer has reasonable grounds to believe that such 12 2 notification is not in the best interests of the person or will 12 3 endanger that person. If the person is taken into custody, 12 4 the peace officer shall notify a juvenile court officer who 12 5 shall make a reasonable effort to identify the elementary or 12 6 secondary school the person attends, if any, and to notify the 12 7 superintendent of the school district, the superintendent's 12 8 designee, or the authorities in charge of the nonpublic school 12 9 of the taking into custody. A reasonable attempt to notify 12 10 the person includes but is not limited to a telephone call or 12 11 notice by first=class mail. 12 12 Sec. 30. NEW SECTION. 124.417 Imitation controlled 12 13 substances ==== exceptions. 12 14 It is not unlawful under this chapter for a person registered 12 15 under section 124.302, to manufacture, deliver, or possess with 12 16 the intent to manufacture or deliver, or to act with, one or 12 17 more other persons to manufacture, deliver, or possess with 12 18 the intent to manufacture or deliver an imitation controlled 12 19 substance for use as a placebo by a registered practitioner in 12 20 the course of professional practice or research. 12 21 Sec. 31. Section 124.502, subsection 1, paragraph a, Code 12 22 2015, is amended to read as follows: 12 23 a. A district judge or district associate judge, within 12 24 the court's jurisdiction, and upon proper oath or affirmation 12 25 showing probable cause, may issue warrants for the purpose of 12 26 conducting administrative inspections under this chapter or 12 27 a related ruleor under chapter 124A. The warrant may also 12 28 permit seizures of property appropriate to the inspections. 12 29 For purposes of the issuance of administrative inspection 12 30 warrants, probable cause exists upon showing a valid public 12 31 interest in the effective enforcement of the statute or related 12 32 rules, sufficient to justify administrative inspection of the 12 33 area, premises, building, or conveyance in the circumstances 12 34 specified in the application for the warrant. 12 35 Sec. 32. Section 155A.6, subsection 3, Code 2015, is amended 13 1 to read as follows: 13 2 3. The board shall establish standards for 13 3 pharmacist=intern registration and may deny, suspend, 13 4 or revoke a pharmacist=intern registration for failure to meet 13 5 the standards or for any violation of the laws of this state, 13 6 another state, or the United States relating to prescription 13 7 drugs, controlled substances, or nonprescription drugs, or for 13 8 any violation of this chapter or chapter 124,124A,124B, 126, 13 9 147, or 205, or any rule of the board. 13 10 Sec. 33. Section 155A.6A, subsection 5, Code 2015, is 13 11 amended to read as follows: 13 12 5. The board may deny, suspend, or revoke the registration 13 13 of, or otherwise discipline, a registered pharmacy technician 13 14 for any violation of the laws of this state, another state, or 13 15 the United States relating to prescription drugs, controlled 13 16 substances, or nonprescription drugs, or for any violation of 13 17 this chapter or chapter 124,124A,124B, 126, 147, 205, or 13 18 272C, or any rule of the board. 13 19 Sec. 34. Section 155A.6B, subsection 5, Code 2015, is 13 20 amended to read as follows: 13 21 5. The board may deny, suspend, or revoke the registration 13 22 of a pharmacy support person or otherwise discipline the 13 23 pharmacy support person for any violation of the laws of 13 24 this state, another state, or the United States relating to 13 25 prescription drugs, controlled substances, or nonprescription 13 26 drugs, or for any violation of this chapter or chapter 124, 13 27124A,124B, 126, 147, 205, or 272C, or any rule of the board. 13 28 Sec. 35. Section 155A.13A, subsection 3, Code 2015, is 13 29 amended to read as follows: 13 30 3. Discipline. The board may deny, suspend, or revoke a 13 31 nonresident pharmacy license for any violation of this section, 13 32 section 155A.15, subsection 2, paragraph "a", "b", "d", "e", 13 33 "f", "g", "h", or "i", chapter 124,124A,124B, 126, or 205, or 13 34 a rule of the board. 13 35 Sec. 36. Section 155A.17, subsection 2, Code 2015, is 14 1 amended to read as follows: 14 2 2. The board shall establish standards for drug wholesaler 14 3 licensure and may define specific types of wholesaler licenses. 14 4 The board may deny, suspend, or revoke a drug wholesale license 14 5 for failure to meet the applicable standards or for a violation 14 6 of the laws of this state, another state, or the United 14 7 States relating to prescription drugs, devices, or controlled 14 8 substances, or for a violation of this chapter, chapter 124, 14 9124A,124B, 126, or 205, or a rule of the board. 14 10 Sec. 37. Section 155A.42, subsection 4, Code 2015, is 14 11 amended to read as follows: 14 12 4. The board may deny, suspend, or revoke a limited drug and 14 13 device distributor's license for failure to meet the applicable 14 14 standards or for a violation of the laws of this state, another 14 15 state, or the United States relating to prescription drugs or 14 16 controlled substances, or for a violation of this chapter, 14 17 chapter 124,124A,124B, 126, 205, or 272C, or a rule of the 14 18 board. 14 19 Sec. 38. REPEAL. Chapter 124A, Code 2015, is repealed. HF 567 (5) 86 jm/rj/md
