Bill Text: IA HSB140 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-06 - Committee report, recommending amendment and passage. H.J. 421. [HSB140 Detail]
Download: Iowa-2019-HSB140-Introduced.html
House
Study
Bill
140
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
PHARMACY
BILL)
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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(10)
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_____
H.F.
_____
DIVISION
I
1
IOWA
PRESCRIPTION
MONITORING
PROGRAM
INFORMATION
2
Section
1.
Section
124.554,
subsection
1,
paragraph
g,
Code
3
2019,
is
amended
to
read
as
follows:
4
g.
Including
all
schedule
schedules
II
,
III,
and
IV
5
controlled
substances,
those
substances
in
schedules
III
and
IV
6
that
the
advisory
council
and
board
determine
can
be
addictive
7
or
fatal
if
not
taken
under
the
proper
care
and
direction
8
of
a
prescribing
practitioner,
and
schedule
V
controlled
9
substances
including
when
dispensed
by
a
pharmacist
without
10
a
prescription,
except
for
sales
of
pseudoephedrine
which
11
are
reported
to
the
real-time
electronic
repository,
opioid
12
antagonists
,
and
other
prescription
substances
that
the
board
13
and
advisory
council
determine
can
be
addictive
or
fatal
if
14
not
taken
under
the
proper
care
and
direction
of
a
prescribing
15
practitioner
.
16
Sec.
2.
Section
124.554,
subsection
2,
unnumbered
paragraph
17
1,
Code
2019,
is
amended
to
read
as
follows:
18
Beginning
January
February
1,
2007
2020
,
and
annually
by
19
January
February
1
thereafter,
the
board
and
advisory
council
20
shall
present
to
the
general
assembly
and
the
governor
a
21
report
prepared
consistent
with
section
124.555,
subsection
3
,
22
paragraph
“d”
,
which
shall
include
but
not
be
limited
to
the
23
following:
24
DIVISION
II
25
CONTROLLED
SUBSTANCE
SCHEDULES
26
Sec.
3.
Section
124.204,
subsection
2,
Code
2019,
is
amended
27
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
be.
MT-45
(1-cyclohexyl-4-(1,2-
29
diphenylethyl)piperazine).
30
Sec.
4.
Section
124.204,
subsection
4,
paragraph
m,
Code
31
2019,
is
amended
to
read
as
follows:
32
m.
Marijuana
,
except
as
otherwise
provided
by
rules
of
the
33
board
for
medicinal
purposes
.
34
Sec.
5.
Section
124.204,
subsection
4,
paragraph
u,
35
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unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
1
follows:
2
Tetrahydrocannabinols,
except
as
otherwise
provided
3
by
rules
of
the
board
for
medicinal
purposes,
meaning
4
tetrahydrocannabinols
naturally
contained
in
a
plant
of
5
the
genus
Cannabis
(Cannabis
plant)
as
well
as
synthetic
6
equivalents
of
the
substances
contained
in
the
Cannabis
plant,
7
or
in
the
resinous
extractives
of
such
plant,
and
synthetic
8
substances,
derivatives,
and
their
isomers
with
similar
9
chemical
structure
and
pharmacological
activity
to
those
10
substances
contained
in
the
plant,
such
as
the
following:
11
Sec.
6.
Section
124.204,
subsection
6,
paragraph
i,
Code
12
2019,
is
amended
by
adding
the
following
new
subparagraph:
13
NEW
SUBPARAGRAPH
.
(27)
1-(1,3-benzodioxol-5-yl)-2-
14
(ethylamino)-pentan-1-one.
Other
names:
N-ethylpentylone
or
15
ephylone.
16
Sec.
7.
Section
124.204,
subsection
7,
Code
2019,
is
amended
17
by
striking
the
subsection.
18
Sec.
8.
Section
124.204,
subsection
9,
Code
2019,
is
amended
19
by
adding
the
following
new
paragraphs:
20
NEW
PARAGRAPH
.
af.
N-(1-phenethylpiperidin-4-yl)-N-
21
phenylcyclopropanecarboxamide,
its
isomers,
esters,
ethers,
22
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
name:
23
cyclopropyl
fentanyl.
24
NEW
PARAGRAPH
.
ag.
N-(1-phenethylpiperidin-4-yl)-N-
25
phenylpentanamide,
its
isomers,
esters,
ethers,
salts
and
salts
26
of
isomers,
esters
and
ethers.
Other
name:
valeryl
fentanyl.
27
NEW
PARAGRAPH
.
ah.
N-(4-fluorophenyl)-N-(1-
28
phenethylpiperidin-4-yl)butyramide,
its
isomers,
esters,
29
ethers,
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
30
name:
para-fluorobutyryl
fentanyl.
31
NEW
PARAGRAPH
.
ai.
N-(4-methoxyphenyl)-N-
32
(1-phenethylpiperidin-4-yl)butryamide,
its
isomers,
esters,
33
ethers,
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
34
name:
para-methyoxybutyryl
fentanyl.
35
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NEW
PARAGRAPH
.
aj.
N-(4-chlorophenyl)-N-(1-
1
phenethylpiperidin-4-yl)isobutryramide,
its
isomers,
esters,
2
ethers,
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
3
name:
para-chloroisobutyryl
fentanyl.
4
NEW
PARAGRAPH
.
ak.
N-(1-phenethylpiperidin-4-yl)-
5
N-phenylisobutyramide,
its
isomers,
esters,
ethers,
salts
and
6
salts
of
isomers,
esters,
and
ethers.
Other
name:
isobutyryl
7
fentanyl.
8
NEW
PARAGRAPH
.
al.
N-(1-phenethylpiperidin-4-yl)-
9
N-phenylcyclopentanecarboxamide,
its
isomers,
esters,
ethers,
10
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
name:
11
cyclopentyl
fentanyl.
12
NEW
PARAGRAPH
.
am.
N-(2-fluorophenyl)-2-methoxy-N-
13
(1-phenethylpiperidin-4-yl)acetamide,
its
isomers,
esters,
14
ethers,
salts
and
salts
of
isomers,
esters,
and
ethers.
Other
15
name:
ocfentanil.
16
NEW
PARAGRAPH
.
an.
Fentanyl-related
substances,
their
17
isomers,
esters,
ethers,
salts
and
salts
of
isomers,
esters
18
and
ethers.
“Fentanyl-related
substance”
means
any
substance
19
not
otherwise
listed
under
this
schedule
or
another
schedule,
20
and
for
which
no
exemption
or
approval
is
in
effect
under
21
section
505
of
the
federal
Food,
Drug,
and
Cosmetic
Act
that
22
is
structurally
related
to
fentanyl
by
one
or
more
of
the
23
following
modifications:
24
(1)
Replacement
of
the
phenyl
portion
of
the
phenethyl
group
25
by
any
monocycle,
whether
or
not
further
substituted
in
or
on
26
the
monocycle.
27
(2)
Substitution
in
or
on
the
phenethyl
group
with
alkyl,
28
alkenyl,
alkoxyl,
hydroxyl,
halo,
haloalkyl,
amino,
or
nitro
29
groups.
30
(3)
Substitution
in
or
on
the
piperidine
ring
with
alkyl,
31
alkenyl,
alkoxyl,
ester,
ether,
hydroxyl,
halo,
haloalkyl,
32
amino,
or
nitro
groups.
33
(4)
Replacement
of
the
aniline
ring
with
any
aromatic
34
monocycle
whether
or
not
further
substituted
in
or
on
the
35
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aromatic
monocycle.
1
(5)
Replacement
of
the
N
-propionyl
group
by
another
acyl
2
group.
3
NEW
PARAGRAPH
.
ao.
Naphthalen-1-yl
1-(5-fluoropentyl)-
4
1
H
-indole-3-carboxylate.
Other
names:
NM2201
or
CBL2201.
5
NEW
PARAGRAPH
.
ap.
N
-(1-amino-3-methyl-1-oxobutan-
6
2-yl)-1-(5-fluoropentyl)-1
H
-indazole-3-carboxamide.
Other
7
name:
5F-AB-PINACA.
8
NEW
PARAGRAPH
.
aq.
1-(4-cyanobutyl)-
N
-(2-phenylpropan-
9
2-yl)-1
H
-indazole-3-carboxamide.
Other
names:
10
4-CN-CUMYL-BUTINACA,
4-cyano-CUMYL-BUTINACA,
4-CN-CUMYL
11
BINACA,
CUMYL-4CN-BINACA,
or
SGT-78.
12
NEW
PARAGRAPH
.
ar.
Methyl
2-(1-(cyclohexylmethyl)-1
H
-
13
indole-3-carboxamido)-3-methylbutanoate.
Other
names:
14
MMB-CHMICA
or
AMB-CHMICA.
15
NEW
PARAGRAPH
.
as.
1-(5-fluoropentyl)-
N
-(2-
16
phenylpropan-2-yl)-1
H
-pyrrolo[2,3-b]pyridine-3-carboxamide.
17
Other
name:
5F-CUMYL-P7AICA.
18
Sec.
9.
Section
124.206,
subsection
7,
paragraph
a,
Code
19
2019,
is
amended
by
striking
the
paragraph.
20
Sec.
10.
Section
124.208,
subsection
3,
paragraph
c,
Code
21
2019,
is
amended
to
read
as
follows:
22
c.
Any
substance
which
contains
any
quantity
of
a
derivative
23
of
barbituric
acid
or
any
salt
thereof
including
but
not
24
limited
to
Fioricet
.
25
Sec.
11.
Section
124.212,
Code
2019,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
6.
Approved
cannabidiol
drugs.
A
drug
28
product
in
finished
dosage
formulation
that
29
has
been
approved
by
the
United
States
food
and
30
drug
administration
that
contains
cannabidiol
31
(2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-
32
pentyl-1,3-benzenediol)
derived
from
cannabis
and
no
more
than
33
0.1
percent
(w/w)
residual
tetrahydrocannabinols.
34
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
35
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deemed
of
immediate
importance,
takes
effect
upon
enactment.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
DIVISION
I
——
IOWA
PRESCRIPTION
MONITORING
PROGRAM
5
INFORMATION
REPORTING.
This
division
expands
reporting
to
6
the
Iowa
prescription
monitoring
program
(PMP)
to
include
7
those
controlled
substances
in
schedules
III,
IV,
and
V
8
under
the
Iowa
uniform
controlled
substances
Act
(Act)
9
which
are
dispensed
to
patients
in
Iowa.
This
bill
requires
10
all
dispensations
of
schedules
III,
IV,
and
V
controlled
11
substances,
including
those
that
do
not
require
a
prescription
12
to
be
dispensed
by
a
pharmacist,
to
be
reported
to
the
PMP,
13
except
for
dispensations
of
pseudoephedrine,
which
are
reported
14
to
the
real-time
electronic
repository.
The
division
also
15
extends
the
reporting
requirement
to
other
prescription
16
substances
that
the
board
of
pharmacy
and
the
PMP
advisory
17
council
determine
could
be
addictive
or
fatal
if
not
taken
18
under
the
care
and
direction
of
a
prescribing
practitioner.
19
The
division
also
changes
the
due
date
for
annual
reports
to
20
the
governor
and
legislature
regarding
the
PMP
from
January
1
21
to
February
1.
22
DIVISION
II
——
CONTROLLED
SUBSTANCE
SCHEDULES.
This
23
division
adds
one
opioid
analgesic,
one
synthetic
cathinone,
24
five
synthetic
cannabinoids,
and
nine
synthetic
opioids
25
to
schedule
I
of
the
Act,
and
any
FDA-approved
products
26
containing
cannabidiol
that
contain
no
more
than
0.1
percent
27
tetrahydrocannabinols
to
schedule
V
of
the
Act.
28
The
division
designates
all
products
which
contain
29
derivatives
of
barbituric
acid
(butalbital)
as
schedule
III
30
controlled
substances
under
the
Act,
subject
to
reporting
to
31
the
PMP.
32
The
division
strikes
language
referring
to
medical
marijuana
33
programs
of
the
board
of
pharmacy.
34
The
division
becomes
effective
upon
enactment.
35
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