ARC 7617C
PHARMACY BOARD[657]
Adopted and Filed
Rulemaking related to controlled substances
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code section 124.201.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code section 124.201.
Purpose and Summary
This rulemaking temporarily adds five substances (novel psychoactive substances (NPS) of the benzodiazepine class, also known as “designer benzodiazepines”) to Schedule I of the Controlled Substances Act in response to similar action taken by the federal Drug Enforcement Administration.  
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on November 1, 2023, as ARC 7104C. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Board on January 9, 2024.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rulemaking will become effective on March 13, 2024.
The following rulemaking action is adopted:
	Item 1. Rescind subrule 10.39(2) and adopt the following new subrule in lieu thereof:
	10.39(2) Amend Iowa Code section 124.204(9) by adding the following new paragraphs:
	j. 	4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thienol[3,2-f][1,2,4]triazolo[4,3-alpha][1,4]diazepine, its salts, isomers, and salts of isomers. Other name: etizolam.
	k. 	8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-alpha][1,4]diazepine, its salts, isomers, and salts of isomers. Other name: flualprazolam.
	l. 	6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f][1,2,4]triazolo[4,3-alpha][1,4]diazepine, its salts, isomers, and salts of isomers. Other name: clonazolam.
	m. 	8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-alpha][1,4]diazepine, its salts, isomers, and salts of isomers. Other name: flubromazolam.
	n. 	7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo[e][1,4]diazepin-2-one, its salts, isomers, and salts of isomers. Other name: diclazepam.
[Filed 1/11/24, effective 3/13/24]
[Published 2/7/24]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/7/24.