House
File
29
-
Introduced
HOUSE
FILE
29
BY
M.
SMITH
A
BILL
FOR
An
Act
relating
to
the
temporary
designation
of
controlled
1
substances
by
the
board
of
pharmacy.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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29
Section
1.
Section
124.201,
subsection
4,
Code
2011,
is
1
amended
to
read
as
follows:
2
4.
a.
If
any
new
substance
is
designated
as
a
controlled
3
substance
under
federal
law
and
notice
of
the
designation
is
4
given
to
the
board,
the
board
shall
similarly
designate
as
5
controlled
the
new
substance
under
this
chapter
after
the
6
expiration
of
thirty
days
from
publication
in
the
Federal
7
Register
of
a
final
order
designating
a
new
substance
as
a
8
controlled
substance,
unless
within
that
thirty-day
period
9
the
board
objects
to
the
new
designation.
In
that
case
the
10
board
shall
publish
the
reasons
for
objection
and
afford
11
all
interested
parties
an
opportunity
to
be
heard.
At
12
the
conclusion
of
the
hearing
the
board
shall
announce
its
13
decision.
Upon
publication
of
objection
to
a
new
substance
14
being
designated
as
a
controlled
substance
under
this
chapter
15
by
the
board,
control
under
this
chapter
is
stayed
until
the
16
board
publishes
its
decision.
17
b.
(1)
The
board
may
by
rule
designate
a
new
substance
as
a
18
controlled
substance
if,
in
the
board’s
opinion,
the
substance
19
poses
a
threat
to
the
public
health,
safety,
or
welfare.
In
20
making
this
determination
the
board
shall
consider
the
factors
21
set
out
in
subsection
1.
22
(2)
Prior
to
such
a
designation,
the
board
shall
publish
a
23
notice
of
intended
action
and
provide
an
opportunity
for
oral
24
presentation
as
provided
in
section
17A.4.
25
c.
If
a
substance
is
designated
as
controlled
by
the
board
26
under
this
paragraph
subsection
the
control
shall
be
temporary
27
and
if
within
sixty
days
after
the
next
regular
session
of
the
28
general
assembly
convenes
it
has
not
made
the
corresponding
29
changes
in
this
chapter
,
the
temporary
designation
of
control
30
of
the
substance
by
the
board
shall
be
nullified.
31
EXPLANATION
32
Under
current
law
the
board
of
pharmacy
may
designate
a
new
33
substance
as
a
controlled
substance,
by
administrative
rule
and
34
without
the
general
assembly
amending
Code
chapter
124,
only
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29
if
the
substance
is
designated
as
a
controlled
substance
under
1
federal
law.
2
This
bill
would
allow
the
board
to
designate
a
new
substance
3
as
a
controlled
substance
if,
in
the
board’s
opinion,
the
4
substance
poses
a
threat
to
the
public
health,
safety,
or
5
welfare.
This
designation
would
be
made
by
rule,
with
not
less
6
than
35
days
public
notice
and
a
public
hearing.
7
All
such
designations
made
by
administrative
rule
alone
are
8
temporary
and
will
terminate
in
accordance
with
Code
section
9
124.201
if
the
general
assembly
does
not
enact
the
designations
10
by
statute.
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