Bill Text: IA SF2308 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to controlled substances and precursor substances, including provisions relating to the registration of persons who manufacture, distribute, or dispense controlled substances, adding substances to the controlled substance schedules, expanding the list of precursor substances for which reporting is required, providing penalties, and including effective date provisions. (Formerly SSB 3073.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Referred to Human Resources. S.J. 693. [SF2308 Detail]
Download: Iowa-2017-SF2308-Introduced.html
Senate File 2308 - Introduced SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3073) A BILL FOR 1 An Act relating to controlled substances and precursor 2 substances, including provisions relating to the 3 registration of persons who manufacture, distribute, 4 or dispense controlled substances, adding substances 5 to the controlled substance schedules, expanding the 6 list of precursor substances for which reporting is 7 required, providing penalties, and including effective date 8 provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5274SV (2) 87 jm/rh PAG LIN 1 1 DIVISION I 1 2 REGISTRATION AND DISCIPLINE 1 3 Section 1. Section 124.302, subsections 1 and 4, Code 2018, 1 4 are amended to read as follows: 1 5 1. Every person who manufactures, distributes, or dispenses 1 6 any controlled substancewithinin this state or who proposes 1 7 to engage in the manufacture, distribution, or dispensing 1 8 of any controlled substance within this state, shall obtain 1 9 and maintain abiennialregistration issued by the board in 1 10 accordance with its rules. 1 11 4. A separate registration is required for each principal 1 12 place of business or professional practice where the applicant 1 13 manufactures, distributes,ordispenses, or conducts research 1 14 with controlled substances. 1 15 Sec. 2. Section 124.304, subsection 1, Code 2018, is amended 1 16 to read as follows: 1 17 1. The board may suspend, revoke, or restrict a registration 1 18 under section 124.303to manufacture, distribute, or dispense 1 19 a controlled substance, or otherwise discipline a registrant, 1 20 upon a finding that any of the following apply to the 1 21 registrant: 1 22 a. The registrant has furnished false or fraudulent material 1 23 information in any application filed under this chapter or 1 24 any other chapter which applies to the registrant or the 1 25 registrant's practice. 1 26 b. The registrant has had the registrant's federal 1 27 registration to manufacture, distribute,ordispense, or 1 28 conduct research with controlled substances suspended, revoked, 1 29 or restricted. 1 30 c. The registrant has been convicted of a public offense 1 31 under any state or federal law relating to any controlled 1 32 substance. For the purpose of this section only, a conviction 1 33 shall include a plea of guilty, a forfeiture of bail or 1 34 collateral deposited to secure a defendant's appearance in 1 35 court which forfeiture has not been vacated, or a finding 2 1 of guilt in a criminal action even though the entry of the 2 2 judgment or sentence has been withheld and the individual 2 3 placed on probation. 2 4 d. The registrant has committed such acts as would 2 5 render the registrant's registration under section 124.303 2 6 inconsistent with the public interest as determined under that 2 7 section. 2 8 e. If the registrant is a licensed health care professional, 2 9 the registrant has had the registrant's professional license 2 10 revoked or suspended or has been otherwise disciplined in a 2 11 way that restricts the registrant's authority to handle or 2 12 prescribe controlled substances. 2 13 Sec. 3. Section 124.304, subsections 2, 3, and 4, Code 2018, 2 14 are amended to read as follows: 2 15 2. The board may limit revocation,orsuspension, or 2 16 restriction of a registration or discipline of a registrant 2 17 to the particular controlled substance with respect to 2 18 which grounds for revocation,orsuspension, restriction, or 2 19 discipline exist. 2 20 3. If the board suspends,orrevokes, or restricts a 2 21 registration, or otherwise disciplines a registrant, all 2 22 controlled substances owned or possessed by the registrant 2 23 at the time of the suspension, revocation, restriction, 2 24 or discipline, or at the time of the effective date of the 2 25revocationorder, may be placed under seal. No disposition 2 26 may be made of substances under seal until the time for taking 2 27 an appeal has elapsed or until all appeals have been concluded 2 28 unless a court, upon application, orders the sale of perishable 2 29 substances and the deposit of the proceeds of the sale with the 2 30 court. Upona revocationan order becoming final, all such 2 31 controlled substances may be forfeited to the state. 2 32 4. The board shall promptly notify the bureau and 2 33 the department of all orders suspending,orrevoking, or 2 34 restricting a registrationand all forfeitures of controlled 2 35 substances, or otherwise disciplining a registrant. 3 1 Sec. 4. Section 124.305, Code 2018, is amended to read as 3 2 follows: 3 3 124.305Order to show causeContested case proceedings. 3 4 1.Before denying,Prior to suspending, restricting, or 3 5 revoking a registration,orrefusing a renewal of registration, 3 6 or otherwise disciplining a registrant, the board shall serve 3 7 upon theapplicant orregistrantan order to show cause why 3 8 registration should not be denied, revoked, or suspended, or 3 9 why the renewal should not be refused. The order to show 3 10 cause shall contain a statement of the basis therefor and 3 11 shall call upon the applicant or registrant to appear before 3 12 the board at a time and place not less than thirty days after 3 13 the date of service of the order, but in the case of a denial 3 14 or renewal of registration the show cause order shall be 3 15 served not later than thirty days before the expiration of 3 16 the registrationa notice in accordance with section 17A.12, 3 17 subsection 1. The proceedings shall comply with the contested 3 18 case procedures in accordance with chapter 17A.TheseThe 3 19 proceedings shall also be conducted without regard to any 3 20 criminal prosecution or other proceeding. Proceedings to 3 21 refuse renewal of registration shall not abate the existing 3 22 registration which shall remain in effect pending the outcome 3 23 of the administrative hearing. 3 24 2. The board, without an order to show cause, may suspend 3 25 any registration while simultaneouslywith the institution 3 26 of proceedings under section 124.304, or where renewal of 3 27 registration is refused,pursuing emergency adjudicative 3 28 proceedings in accordance with section 17A.18A, if it finds 3 29 that there is an imminent danger to the public health or 3 30 safety which warrants this action. The suspension shall 3 31 continue in effect until the conclusion of the proceedings, 3 32 including judicial review thereof, under the provisions of 3 33 the Iowa administrative procedure Act, chapter 17A, unless 3 34 sooner withdrawn by the board or dissolved by the order of the 3 35 district court or an appellate court. 4 1 DIVISION II 4 2 ADDITIONAL CONTROLLED SUBSTANCES AND PRECURSOR SUBSTANCES 4 3 Sec. 5. Section 124.204, subsection 9, Code 2018, is amended 4 4 by adding the following new paragraphs: 4 5 NEW PARAGRAPH. t. Methyl 2=(1=(5=fluoropentyl)= 4 6 1H=indazole=3=carboxamido)=3,3=dimethylbutanoate, its optical, 4 7 positional, and geometric isomers, salts, and salts of isomers. 4 8 Other names: 5F=ADB; 5F=MDMB=PINACA. 4 9 NEW PARAGRAPH. u. Methyl 2=(1=(5=fluoropentyl)=1H= 4 10 indazole=3=carboxamido)=3=methylbutanoate, its optical, 4 11 positional, and geometric isomers, salts, and salts of isomers. 4 12 Other name: 5F=AMB. 4 13 NEW PARAGRAPH. v. N=(adamantan=1=yl)=1=(5= 4 14 fluoropentyl)=1H=indazole=3=carboxamide, its optical, 4 15 positional, and geometric isomers, salts, and salts of isomers. 4 16 Other names: 5F=APINACA, 5F=AKB48. 4 17 NEW PARAGRAPH. w. N=(1=amino=3,3=dimethyl=1= 4 18 oxobutan=2=yl)=1=(4=fluorobenzyl)=1H=indazole=3=carboxamide, 4 19 its optical, positional, and geometric isomers, salts, and 4 20 salts of isomers. Other name: ADB=FUBINACA. 4 21 NEW PARAGRAPH. x. Methyl 2=(1=(cyclohexylmethyl)=1H= 4 22 indole=3=carboxamido)=3,3=dimethylbutanoate, its optical, 4 23 positional, and geometric isomers, salts, and salts of isomers. 4 24 Other names: MDMB=CHMICA, MMB=CHMINACA. 4 25 NEW PARAGRAPH. y. Methyl 2=(1=(4=fluorobenzyl)=1H= 4 26 indazole=3=carboxamido)=3,3=dimethylbutanoate, its optical, 4 27 positional, and geometric isomers, salts, and salts of 4 28 isomers. Other name: MDMB=FUBINACA. 4 29 NEW PARAGRAPH. z. N=(4=fluorophenyl)=N=(1= 4 30 phenethylpiperidin=4=yl)isobutyramide, its isomers, esters, 4 31 ethers, salts, and salts of isomers, esters, and ethers. Other 4 32 names: 4=fluoroisobutyryl fentanyl, para=fluoroisobutyryl 4 33 fentanyl. 4 34 NEW PARAGRAPH. aa. N=(2=fluorophenyl)=N=(1= 4 35 phenethylpiperidin=4=yl) propionamide. Other names: ortho= 5 1 fluorofentanyl or 2=fluorofentanyl. 5 2 NEW PARAGRAPH. ab. N=(1=phenethylpiperidin=4=yl)=N= 5 3 phenyltetrahydrofuran=2=carboxamide. Other name: 5 4 tetrahydrofuranyl fentanyl. 5 5 NEW PARAGRAPH. ac. 2=methoxy=N=(1=phenethylpiperidin=4= 5 6 yl)=N=phenylacetamide. Other name: methoxyacetyl fentanyl. 5 7 NEW PARAGRAPH. ad. N=(1=phenethylpiperidin=4=yl)=N= 5 8 phenylacrylamide. Other names: acryl fentanyl or 5 9 acryloylfentanyl. 5 10 NEW PARAGRAPH. ae. Methyl 2=(1=(4=fluorobenzyl)=1H= 5 11 indazole=3=carboxamido)=3=methylbutanoate, its optical, 5 12 positional, and geometric isomers, salts, and salts of isomers. 5 13 Other names: FUB=AMB, MMB=FUBINACA, AMB=FUBINACA. 5 14 Sec. 6. Section 124.206, subsection 7, Code 2018, is amended 5 15 by adding the following new paragraph: 5 16 NEW PARAGRAPH. c. Dronabinol [(=)=delta=9=trans= 5 17 tetrahydrocannabinol] in an oral solution in a drug product 5 18 approved for marketing by the United States food and drug 5 19 administration. 5 20 Sec. 7. Section 124B.2, subsection 1, Code 2018, is amended 5 21 by adding the following new paragraph: 5 22 NEW PARAGRAPH. ab. Alpha=phenylacetoacetonitrile and its 5 23 salts, optical isomers, and salts of optical isomers. Other 5 24 name: APAAN. 5 25 Sec. 8. EFFECTIVE DATE. This division of this Act, being 5 26 deemed of immediate importance, takes effect upon enactment. 5 27 EXPLANATION 5 28 The inclusion of this explanation does not constitute agreement with 5 29 the explanation's substance by the members of the general assembly. 5 30 This bill relates to controlled substances and precursor 5 31 substances including provisions relating to the registration 5 32 of persons who manufacture, distribute, or dispense controlled 5 33 substances, adding substances to the controlled substance 5 34 schedules, and expanding the list of precursor substances for 5 35 which reporting is required. 6 1 DIVISION I. The bill provides that a person who 6 2 manufactures, distributes, or dispenses any controlled 6 3 substance in this state or who proposes to engage in such 6 4 activities in this state (registrant), obtain and maintain 6 5 a registration issued by the board of pharmacy. Currently, 6 6 a registrant is required to obtain and maintain a biennial 6 7 registration issued by the board of pharmacy. 6 8 The bill requires a separate registration for each principal 6 9 place of business of a registrant, when the registrant is 6 10 conducting research with controlled substances. Currently, 6 11 a separate registration is required for each principal place 6 12 of business where a registrant manufactures, distributes, or 6 13 dispenses controlled substances. 6 14 The bill permits the board of pharmacy to take disciplinary 6 15 action against a registrant who manufactures, distributes, 6 16 or dispenses any controlled substance within this state, 6 17 without restricting, suspending, or revoking the registration. 6 18 Currently, the board of pharmacy does not have the option to 6 19 take disciplinary action against a registrant. 6 20 The bill provides that the board of pharmacy may discipline 6 21 a registrant when the registrant has furnished false or 6 22 fraudulent material information in any application under any 6 23 Code chapter which applies to the registrant. Currently, the 6 24 board of pharmacy may take action against a registrant when 6 25 the registrant has furnished false or fraudulent material 6 26 information in any application under only Code chapter 124 6 27 (controlled substances). 6 28 The bill provides that the board of pharmacy may limit the 6 29 restriction of a registrant's registration or discipline of a 6 30 registrant to a particular controlled substance when grounds 6 31 exist for such restriction or discipline. Currently, the 6 32 board of pharmacy may impose such limits only when revoking or 6 33 suspending a registrant's registration. 6 34 Under the bill, if the board of pharmacy restricts a 6 35 registrant's registration or disciplines a registrant, all 7 1 controlled substances owned or possessed by the registrant at 7 2 the time of the restriction or at the time of the effective 7 3 date of the order may be place under seal. Currently, if 7 4 the board of pharmacy suspends or revokes a registrant's 7 5 registration, all controlled substances owned or possessed by 7 6 the registrant at the time of the suspension or revocation or 7 7 at the time of the effective date of the order may be placed 7 8 under seal. 7 9 The bill requires the board of pharmacy to notify the 7 10 federal bureau of narcotics and dangerous drugs, United States 7 11 department of justice, or its successor agency, of all orders 7 12 restricting a registrant's registration or disciplining a 7 13 registrant. Under current law, the board shall notify the 7 14 federal agency when suspending or revoking the registration 7 15 of a registrant including all forfeitures of controlled 7 16 substances. 7 17 If the board of pharmacy decides to suspend, restrict, or 7 18 revoke a registrant's registration or discipline a registrant, 7 19 the bill requires the board to serve upon the registrant a 7 20 notice in accordance with Code section 17A.12. Currently, the 7 21 board of pharmacy institutes such proceedings by serving an 7 22 order to show cause why the registrant should not be denied, 7 23 revoked, or suspended, or why the registration should not be 7 24 refused. 7 25 The bill permits the board of pharmacy to suspend a 7 26 registrant's registration while simultaneously pursuing an 7 27 emergency adjudicative proceeding in accordance with Code 7 28 section 17A.18A, if the board finds there is an immediate 7 29 danger to the public health, safety, or welfare. Currently, 7 30 the board of pharmacy may suspend a registrant's registration 7 31 without an order to show cause, if the board finds there is an 7 32 imminent danger to the public health or safety. 7 33 DIVISION II. The bill classifies nine substances as 7 34 schedule I controlled substances and one substance as a 7 35 schedule II controlled substance in conformance with scheduling 8 1 actions taken by the United States department of justice, drug 8 2 enforcement administration. 8 3 For the nine schedule I controlled substances added in Code 8 4 section 124.204(9) under the bill, the penalties under Code 8 5 section 124.401(1)(a),(b), and (c) range, depending upon the 8 6 amount of the controlled substance involved, from a class "B" 8 7 felony punishable by confinement for not more than 50 years 8 8 and a fine of not more than $1 million, to a class "C" felony 8 9 punishable by confinement of not more than 10 years and a fine 8 10 of at least $1,000 and not more than $50,000. If a person 8 11 unlawfully possesses any such controlled substance in violation 8 12 of Code section 124.401(5), the person commits a serious 8 13 misdemeanor for a first offense. A serious misdemeanor is 8 14 punishable by confinement for no more than one year and a fine 8 15 of at least $315 but not more than $1,875. 8 16 For the schedule II controlled substance added under Code 8 17 section 124.206, it is a class "C" felony pursuant to Code 8 18 section 124.401(1)(c)(9) for any unauthorized person to violate 8 19 a provision of Code section 124.401(1) involving a schedule II 8 20 controlled substance. A class "C" felony for this particular 8 21 offense is punishable by confinement for no more than 10 years 8 22 and a fine of at least $1,000 but not more than $50,000. If a 8 23 person unlawfully possesses a schedule II controlled substance 8 24 in violation of Code section 124.401(5), the person commits a 8 25 serious misdemeanor for a first offense. A serious misdemeanor 8 26 is punishable by confinement for no more than one year and a 8 27 fine of at least $315 but not more than $1,875. 8 28 The bill also classifies a substance as a precursor 8 29 substance for purposes of certain reporting requirements. A 8 30 "precursor substance" is defined in Code section 124B.1 to 8 31 mean a substance which may be used as a precursor in the 8 32 illegal production of a controlled substance. A person who 8 33 sells, transfers, or otherwise furnishes a precursor substance 8 34 with knowledge or the intent that the recipient will use the 8 35 precursor substance to unlawfully manufacture a controlled 9 1 substance commits a class "C" felony under Code section 9 2 124B.9(1). A person who receives a precursor substance with 9 3 the intent that the substance be used unlawfully to manufacture 9 4 a controlled substance commits a class "C" felony under 9 5 Code section 124B.9(2). A class "C" felony is punishable by 9 6 confinement for no more than 10 years and a fine of at least 9 7 $1,000 but not more than $10,000. 9 8 This division takes effect upon enactment. LSB 5274SV (2) 87 jm/rh
