House Study Bill 273
HOUSE FILE
BY (PROPOSED COMMITTEE ON
PUBLIC SAFETY BILL BY
CHAIRPERSON BAUDLER)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to ephedrine, and making pseudoephedrine a
2 controlled substance, and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 3084HC 80
5 jm/sh/8
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
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