House Study Bill 169 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act relating to the board of pharmacy temporarily 1 designating a substance a controlled substance, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2382YC (3) 86 jm/rj

H.F. _____ Section 1. Section 124.201, subsection 4, Code 2015, is 1 amended to read as follows: 2 4. 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. If a substance is designated 17 as controlled by the board under this subsection the control 18 shall be considered a temporary and if, within sixty days after 19 the next regular session of the general assembly convenes, the 20 general assembly has not made the corresponding changes in this 21 chapter , the temporary designation of control of the substance 22 by the board shall be nullified amendment to the schedules 23 of controlled substances in this chapter . If the board so 24 designates a substance as controlled, which is considered a 25 temporary amendment to the schedules of controlled substances 26 in this chapter, and if the general assembly does not amend 27 this chapter to enact the temporary amendment during the two 28 successive regular sessions of the general assembly that 29 convene after the board makes the designation, the temporary 30 amendment is repealed by operation of law on July 1 following 31 the convening of that second successive regular session of the 32 general assembly. A temporary amendment repealed by operation 33 of law is subject to section 4.13 relating to the construction 34 of statutes and the application of a general savings provision. 35 -1- LSB 2382YC (3) 86 jm/rj 1/ 2

H.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the board of pharmacy temporarily 4 designating a substance a controlled substance. 5 Under current law and in the bill, the board of pharmacy 6 may designate a new substance as a controlled substance, by 7 administrative rule, without the general assembly amending 8 Code chapter 124, only if the substance is designated as a 9 controlled substance under federal law. 10 If the board of pharmacy designates a substance as 11 controlled, the bill specifies that the temporary designation 12 is considered a temporary amendment to the schedules of 13 controlled substances in Code chapter 124, and if the general 14 assembly does not amend Code chapter 124 to enact the temporary 15 amendment during the two successive regular sessions of the 16 general assembly that convene after the board of pharmacy 17 makes the designation, the temporary amendment is repealed by 18 operation of law on July 1 following the convening of that 19 second successive regular session of the general assembly. A 20 temporary amendment repealed by operation of law is subject to 21 Code section 4.13 relating to the construction of statutes and 22 the application of a general savings provision. 23 Current law provides that if within 60 days after the next 24 general assembly convenes and the general assembly has not made 25 the corresponding changes in Code chapter 124, the temporary 26 designation that the substance is a controlled substance is 27 nullified. 28 -2- LSB 2382YC (3) 86 jm/rj 2/ 2