Text: HSB00272                          Text: HSB00274
Text: HSB00200 - HSB00299               Text: HSB Index
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House Study Bill 273

Bill Text

PAG LIN
  1  1    Section 1.  Section 124.212, subsection 5, Code 2003, is
  1  2 amended to read as follows:
  1  3    5.  EPHEDRINE.  Unless specifically excepted in paragraph
  1  4 "b" or "c", or listed in another schedule, any material,
  1  5 compound, mixture, or preparation which contains any quantity
  1  6 of the following substance, including its salts, optical
  1  7 isomers, and salts of such optical isomers:
  1  8    a.  Ephedrine.
  1  9    b.  Any dietary supplement product that is not otherwise
  1 10 prohibited by any other law and is a naturally occurring
  1 11 ephedrine alkaloid or associated salts, isomers, salts of
  1 12 isomers, or a combination of these substances that are
  1 13 contained in a matrix of organic material.
  1 14    b. c.  The following drug products containing ephedrine,
  1 15 its salts, optical isomers, and salts of such optical isomers
  1 16 are excepted from this schedule if they may lawfully be sold
  1 17 over the counter without a prescription under the federal
  1 18 Food, Drug and Cosmetic Act; are labeled and marketed in a
  1 19 manner consistent with the pertinent over-the-counter
  1 20 tentative final or final monograph; are manufactured and
  1 21 distributed for legitimate medicinal use in a manner that
  1 22 reduces or eliminates the likelihood of abuse; and are not
  1 23 marketed, advertised, or labeled for the indication of
  1 24 stimulation, mental alertness, weight loss, muscle
  1 25 enhancement, appetite control, or energy:
  1 26    (1)  Solid oral dosage forms, including soft gelatin
  1 27 capsules, that combine active ingredients in the following
  1 28 range for each dosage unit of not less than twelve and five-
  1 29 tenths milligrams but not more than twenty-five milligrams of
  1 30 ephedrine and not less than four hundred milligrams of
  1 31 guaifenesin packaged in blister packs of not more than two
  1 32 tablets per blister.
  1 33    (2)  Anorectal preparations containing less than five
  1 34 percent ephedrine.
  1 35    c.  A dietary supplement is also excepted from this
  2  1 schedule if the dietary supplement is not otherwise prohibited
  2  2 by any other law and is a naturally occurring ephedrine
  2  3 alkaloid or associated salts, isomers, salts of isomers, or a
  2  4 combination of these substances that are contained in a matrix
  2  5 of organic material and do not exceed fifteen percent of the
  2  6 total weight of the natural product.
  2  7    Sec. 2.  Section 124.212, Code 2003, is amended by adding
  2  8 the following new subsection:
  2  9    NEW SUBSECTION.  6.  PSEUDOEPHEDRINE.  Unless specifically
  2 10 excepted in paragraph "b" or listed in another schedule, any
  2 11 material, compound, mixture, or preparation which contains any
  2 12 quantity of the following substance, including its salts,
  2 13 optical isomers, and salts of such optical isomers:
  2 14    a.  Pseudoephedrine.
  2 15    b.  The following drug products containing pseudoephedrine,
  2 16 its salts, optical isomers, and salts of such optical isomers
  2 17 are excepted from this schedule if they may lawfully be sold
  2 18 over the counter without a prescription under the federal
  2 19 Food, Drug and Cosmetic Act; are labeled and marketed in a
  2 20 manner consistent with the pertinent over-the-counter
  2 21 tentative final or final monograph; are manufactured and
  2 22 distributed for legitimate medicinal use in a manner that
  2 23 reduces or eliminates the likelihood of abuse; and are not
  2 24 marketed, advertised, or labeled for the indication of
  2 25 stimulation, mental alertness, weight loss, muscle
  2 26 enhancement, appetite control, or energy:
  2 27    (1)  Solid oral dosage forms, including soft gelatin
  2 28 capsules, that combine active ingredients in the following
  2 29 range for each dosage unit of not less than twelve and five-
  2 30 tenths milligrams but not more than twenty-five milligrams of
  2 31 pseudoephedrine and not less than four hundred milligrams of
  2 32 guaifenesin packaged in blister packs of not more than two
  2 33 tablets per blister.
  2 34    (2)  Anorectal preparations containing less than five
  2 35 percent pseudoephedrine.  
  3  1                           EXPLANATION
  3  2    This bill relates to ephedrine and making pseudoephedrine a
  3  3 controlled substance.
  3  4    The bill provides that any dietary supplement containing
  3  5 any naturally occurring ephedrine becomes a schedule V
  3  6 controlled substance.  "Dietary supplement" is generally
  3  7 defined under the bill to mean a naturally occurring ephedrine
  3  8 alkoid or associated salts, isomers, salts of isomers, or a
  3  9 combination of these substances that are contained in a matrix
  3 10 of organic material.
  3 11    The bill also makes pseudoephedrine a schedule V controlled
  3 12 substance.  Prior to the bill, pseudoephedrine was not a
  3 13 controlled substance.
  3 14    Iowa administrative code rule 657-10.31 establishes the
  3 15 rules for dispensing a schedule V controlled substance.  The
  3 16 rule further limits the amount and frequency of purchase,
  3 17 requires the purchaser be at least 18 years of age, and
  3 18 requires presentation of identification and a signature before
  3 19 purchase.  A schedule V controlled substance does not require
  3 20 a prescription but is not to be distributed other than for a
  3 21 medical purpose.  The distribution of a schedule V substance
  3 22 is regulated by pharmacists, and scheduled V substances must
  3 23 be kept off public access shelves.
  3 24    Any criminal offense related to a schedule V controlled
  3 25 substance is punishable as an aggravated misdemeanor pursuant
  3 26 to Code section 124.401(1)(d).  
  3 27 LSB 3084HC 80
  3 28 jm/sh/8
     

Text: HSB00272                          Text: HSB00274
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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