Bill Text: IA HF728 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to controlled substances, including amending information collection and reporting requirements under the Iowa prescription monitoring program, amending the controlled substance schedules, removing certain references to marijuana, making penalties applicable, and including effective date provisions. (Formerly HSB 140.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-18 - Withdrawn. H.J. 922. [HF728 Detail]
Download: Iowa-2019-HF728-Introduced.html
House
File
728
-
Introduced
HOUSE
FILE
728
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
140)
A
BILL
FOR
An
Act
relating
to
controlled
substances,
including
amending
1
information
collection
and
reporting
requirements
under
2
the
Iowa
prescription
monitoring
program,
amending
the
3
controlled
substance
schedules,
removing
certain
references
4
to
marijuana,
making
penalties
applicable,
and
including
5
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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DIVISION
I
1
IOWA
PRESCRIPTION
MONITORING
PROGRAM
INFORMATION
2
Section
1.
Section
124.201A,
subsection
1,
Code
2019,
is
3
amended
to
read
as
follows:
4
1.
If
a
cannabidiol
or
nabiximols
investigational
product
5
approved
as
a
prescription
drug
medication
by
the
United
States
6
food
and
drug
administration
is
eliminated
from
or
revised
in
7
the
federal
schedule
of
controlled
substances
by
the
federal
8
drug
enforcement
agency
and
notice
of
the
elimination
or
9
revision
is
given
to
the
board,
the
board
shall
similarly
10
eliminate
or
revise
the
prescription
drug
medication
in
the
11
schedule
of
controlled
substances
under
this
chapter
.
Such
12
action
by
the
board
shall
be
immediately
effective
upon
the
13
date
of
publication
of
the
final
regulation
containing
the
14
elimination
or
revision
in
the
federal
register.
15
Sec.
2.
Section
124.554,
subsection
2,
unnumbered
paragraph
16
1,
Code
2019,
is
amended
to
read
as
follows:
17
Beginning
January
February
1,
2007
2020
,
and
annually
by
18
January
February
1
thereafter,
the
board
and
advisory
council
19
shall
present
to
the
general
assembly
and
the
governor
a
20
report
prepared
consistent
with
section
124.555,
subsection
3
,
21
paragraph
“d”
,
which
shall
include
but
not
be
limited
to
the
22
following:
23
DIVISION
II
24
CONTROLLED
SUBSTANCE
SCHEDULES
25
Sec.
3.
Section
124.204,
subsection
2,
Code
2019,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
be.
MT-45
(1-cyclohexyl-4-(1,2-
28
diphenylethyl)piperazine).
29
Sec.
4.
Section
124.204,
subsection
4,
paragraph
m,
Code
30
2019,
is
amended
to
read
as
follows:
31
m.
Marijuana
,
except
as
otherwise
provided
by
rules
of
the
32
board
for
medicinal
purposes
.
33
Sec.
5.
Section
124.204,
subsection
4,
paragraph
u,
34
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
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follows:
1
Tetrahydrocannabinols,
except
as
otherwise
provided
2
by
rules
of
the
board
for
medicinal
purposes,
meaning
3
tetrahydrocannabinols
naturally
contained
in
a
plant
of
4
the
genus
Cannabis
(Cannabis
plant)
as
well
as
synthetic
5
equivalents
of
the
substances
contained
in
the
Cannabis
plant,
6
or
in
the
resinous
extractives
of
such
plant,
and
synthetic
7
substances,
derivatives,
and
their
isomers
with
similar
8
chemical
structure
and
pharmacological
activity
to
those
9
substances
contained
in
the
plant,
such
as
the
following:
10
Sec.
6.
Section
124.204,
subsection
6,
paragraph
i,
Code
11
2019,
is
amended
by
adding
the
following
new
subparagraph:
12
NEW
SUBPARAGRAPH
.
(27)
1-(1,3-benzodioxol-5-yl)-2-
13
(ethylamino)-pentan-1-one.
Other
names:
N-ethylpentylone
or
14
ephylone.
15
Sec.
7.
Section
124.204,
subsection
7,
Code
2019,
is
amended
16
by
striking
the
subsection.
17
Sec.
8.
Section
124.204,
subsection
9,
Code
2019,
is
amended
18
by
adding
the
following
new
paragraphs:
19
NEW
PARAGRAPH
.
af.
N-(1-phenethylpiperidin-4-yl)-N-
20
phenylcyclopropanecarboxamide,
its
isomers,
esters,
ethers,
21
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
name:
22
cyclopropyl
fentanyl.
23
NEW
PARAGRAPH
.
ag.
N-(1-phenethylpiperidin-4-yl)-N-
24
phenylpentanamide,
its
isomers,
esters,
ethers,
salts
and
salts
25
of
isomers,
esters
and
ethers.
Other
name:
valeryl
fentanyl.
26
NEW
PARAGRAPH
.
ah.
N-(4-fluorophenyl)-N-(1-
27
phenethylpiperidin-4-yl)butyramide,
its
isomers,
esters,
28
ethers,
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
29
name:
para-fluorobutyryl
fentanyl.
30
NEW
PARAGRAPH
.
ai.
N-(4-methoxyphenyl)-N-
31
(1-phenethylpiperidin-4-yl)butryamide,
its
isomers,
esters,
32
ethers,
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
33
name:
para-methyoxybutyryl
fentanyl.
34
NEW
PARAGRAPH
.
aj.
N-(4-chlorophenyl)-N-(1-
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phenethylpiperidin-4-yl)isobutryramide,
its
isomers,
esters,
1
ethers,
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
2
name:
para-chloroisobutyryl
fentanyl.
3
NEW
PARAGRAPH
.
ak.
N-(1-phenethylpiperidin-4-yl)-
4
N-phenylisobutyramide,
its
isomers,
esters,
ethers,
salts
and
5
salts
of
isomers,
esters,
and
ethers.
Other
name:
isobutyryl
6
fentanyl.
7
NEW
PARAGRAPH
.
al.
N-(1-phenethylpiperidin-4-yl)-
8
N-phenylcyclopentanecarboxamide,
its
isomers,
esters,
ethers,
9
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
name:
10
cyclopentyl
fentanyl.
11
NEW
PARAGRAPH
.
am.
N-(2-fluorophenyl)-2-methoxy-N-
12
(1-phenethylpiperidin-4-yl)acetamide,
its
isomers,
esters,
13
ethers,
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
14
name:
ocfentanil.
15
NEW
PARAGRAPH
.
an.
Fentanyl-related
substances,
their
16
isomers,
esters,
ethers,
salts
and
salts
of
isomers,
esters
17
and
ethers.
“Fentanyl-related
substance”
means
any
substance
18
not
otherwise
listed
under
this
schedule
or
another
schedule,
19
and
for
which
no
exemption
or
approval
is
in
effect
under
20
section
505
of
the
federal
Food,
Drug,
and
Cosmetic
Act
that
21
is
structurally
related
to
fentanyl
by
one
or
more
of
the
22
following
modifications:
23
(1)
Replacement
of
the
phenyl
portion
of
the
phenethyl
group
24
by
any
monocycle,
whether
or
not
further
substituted
in
or
on
25
the
monocycle.
26
(2)
Substitution
in
or
on
the
phenethyl
group
with
alkyl,
27
alkenyl,
alkoxyl,
hydroxyl,
halo,
haloalkyl,
amino,
or
nitro
28
groups.
29
(3)
Substitution
in
or
on
the
piperidine
ring
with
alkyl,
30
alkenyl,
alkoxyl,
ester,
ether,
hydroxyl,
halo,
haloalkyl,
31
amino,
or
nitro
groups.
32
(4)
Replacement
of
the
aniline
ring
with
any
aromatic
33
monocycle
whether
or
not
further
substituted
in
or
on
the
34
aromatic
monocycle.
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(5)
Replacement
of
the
N
-propionyl
group
by
another
acyl
1
group.
2
NEW
PARAGRAPH
.
ao.
Naphthalen-1-yl
1-(5-fluoropentyl)-
3
1
H
-indole-3-carboxylate.
Other
names:
NM2201
or
CBL2201.
4
NEW
PARAGRAPH
.
ap.
N
-(1-amino-3-methyl-1-oxobutan-
5
2-yl)-1-(5-fluoropentyl)-1
H
-indazole-3-carboxamide.
Other
6
name:
5F-AB-PINACA.
7
NEW
PARAGRAPH
.
aq.
1-(4-cyanobutyl)-
N
-(2-phenylpropan-
8
2-yl)-1
H
-indazole-3-carboxamide.
Other
names:
9
4-CN-CUMYL-BUTINACA,
4-cyano-CUMYL-BUTINACA,
4-CN-CUMYL
10
BINACA,
CUMYL-4CN-BINACA,
or
SGT-78.
11
NEW
PARAGRAPH
.
ar.
Methyl
2-(1-(cyclohexylmethyl)-1
H
-
12
indole-3-carboxamido)-3-methylbutanoate.
Other
names:
13
MMB-CHMICA
or
AMB-CHMICA.
14
NEW
PARAGRAPH
.
as.
1-(5-fluoropentyl)-
N
-(2-
15
phenylpropan-2-yl)-1
H
-pyrrolo[2,3-b]pyridine-3-carboxamide.
16
Other
name:
5F-CUMYL-P7AICA.
17
Sec.
9.
Section
124.206,
subsection
7,
paragraph
a,
Code
18
2019,
is
amended
by
striking
the
paragraph.
19
Sec.
10.
Section
124.208,
subsection
3,
paragraph
c,
Code
20
2019,
is
amended
to
read
as
follows:
21
c.
Any
substance
which
contains
any
quantity
of
a
derivative
22
of
barbituric
acid
or
any
salt
thereof
including
but
not
23
limited
to
Fioricet
.
24
Sec.
11.
Section
124.212,
Code
2019,
is
amended
by
adding
25
the
following
new
subsection:
26
NEW
SUBSECTION
.
6.
Approved
cannabidiol
drugs.
A
drug
27
product
in
finished
dosage
formulation
that
28
has
been
approved
by
the
United
States
food
and
29
drug
administration
that
contains
cannabidiol
30
(2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-
31
pentyl-1,3-benzenediol)
derived
from
cannabis
and
no
more
than
32
0.1
percent
(w/w)
residual
tetrahydrocannabinols.
33
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
34
deemed
of
immediate
importance,
takes
effect
upon
enactment.
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DIVISION
III
1
PHARMACEUTICAL
COLLECTION
AND
DISPOSAL
PROGRAM
2
Sec.
13.
Section
155A.43,
Code
2019,
is
amended
to
read
as
3
follows:
4
155A.43
Pharmaceutical
collection
and
disposal
program
——
5
annual
allocation.
6
1.
Of
the
fees
collected
by
the
board
pursuant
to
sections
7
124.301
and
147.80
and
this
chapter
,
and
retained
by
the
board
8
pursuant
to
section
147.82
,
the
board
may
annually
allocate
a
9
sum
deemed
by
the
board
to
be
adequate
for
administering
the
10
pharmaceutical
collection
and
disposal
program.
The
program
11
shall
provide
for
the
management
and
disposal
of
unused,
12
excess,
and
expired
pharmaceuticals,
including
the
management
13
and
disposal
of
controlled
substances
pursuant
to
state
and
14
federal
regulations.
The
board
may
contract
with
one
or
more
15
vendors
for
the
provision
of
supplies
and
services
to
manage
16
and
maintain
the
program
and
to
safely
and
appropriately
17
dispose
of
pharmaceuticals
collected
through
the
program.
18
2.
A
person
shall
not
be
required
to
participate
in
the
19
pharmaceutical
collection
and
disposal
program
or
pay
any
20
tax,
fee,
assessment,
or
other
charge
for
the
purpose
of
21
administering
a
pharmaceutical
collection
and
disposal
program.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
DIVISION
I
——
CONTROLLED
SUBSTANCES
——
IOWA
PRESCRIPTION
26
MONITORING
PROGRAM
INFORMATION
REPORTING.
This
division
27
provides
that
if
a
nabiximols
investigational
product
approved
28
as
a
prescription
drug
medication
by
the
United
States
food
29
and
drug
administration
is
eliminated
from
or
revised
in
the
30
federal
schedule
of
controlled
substances
by
the
federal
drug
31
enforcement
agency
and
notice
of
the
elimination
or
revision
32
is
given
to
the
board
of
pharmacy,
the
board
shall
similarly
33
eliminate
or
revise
the
prescription
drug
medication
in
the
34
schedule
of
controlled
substances
under
Code
chapter
124.
Such
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action
by
the
board
shall
be
immediately
effective
upon
the
1
date
of
publication
of
the
final
regulation
containing
the
2
elimination
or
revision
in
the
federal
register.
The
board
is
3
required
to
adopt
rules
and
may
adopt
emergency
rules
which
4
shall
be
effective
immediately
upon
filing
unless
a
later
date
5
is
specified
in
the
rules.
6
The
division
changes
the
due
date
for
the
annual
Iowa
7
prescription
monitoring
program
report
submitted
by
the
board
8
of
pharmacy
and
the
advisory
council
created
pursuant
to
Code
9
section
124.555
to
the
governor
and
legislature
from
January
1
10
to
February
1.
11
DIVISION
II
——
CONTROLLED
SUBSTANCE
SCHEDULES.
This
12
division
adds
one
opioid
analgesic,
one
synthetic
cathinone,
13
five
synthetic
cannabinoids,
and
nine
synthetic
opioids
14
to
schedule
I
of
the
Act,
and
any
FDA-approved
products
15
containing
cannabidiol
that
contain
no
more
than
0.1
percent
16
tetrahydrocannabinols
to
schedule
V
of
the
Act.
17
The
division
designates
all
products
which
contain
18
derivatives
of
barbituric
acid
(butalbital)
as
schedule
III
19
controlled
substances
under
the
Act,
subject
to
reporting
to
20
the
PMP.
21
The
division
strikes
language
referring
to
medical
marijuana
22
programs
of
the
board
of
pharmacy.
23
The
division
becomes
effective
upon
enactment.
24
DIVISION
III
——
PHARMACEUTICAL
COLLECTION
AND
DISPOSAL
25
PROGRAM.
This
division
provides
that
a
person
cannot
26
be
required
to
participate
in
or
pay
any
fee
for
the
27
pharmaceutical
collection
and
disposal
program.
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