Senate
Study
Bill
1085
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
PHARMACY
BILL)
A
BILL
FOR
An
Act
making
changes
to
the
controlled
substance
schedules,
1
modifying
the
regulation
of
precursor
substances,
and
2
providing
penalties,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1287DP
(16)
87
jm/nh
S.F.
_____
H.F.
_____
DIVISION
I
1
CONTROLLED
SUBSTANCES
2
Section
1.
Section
124.204,
subsection
2,
Code
2017,
is
3
amended
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
bd.
AH-7921
(3,4-dichloro-N-
5
[(1-dimethylamino)
cyclohexylmethyl]benzamide.
6
Sec.
2.
Section
124.204,
subsection
9,
Code
2017,
is
amended
7
by
adding
the
following
new
paragraphs:
8
NEW
PARAGRAPH
.
p.
N-(1-phenethylpiperidin-4-yl)-N-
9
phenylfuran-2-carboxamide,
its
isomers,
esters,
ethers,
salts
10
and
salts
of
isomers,
esters
and
ethers.
Other
names:
Furanyl
11
fentanyl.
12
NEW
PARAGRAPH
.
q.
N-(1-phenethylpiperidin-4-yl)-N-
13
phenylbutyramide,
its
isomers,
esters,
ethers,
salts
and
salts
14
of
isomers,
esters
and
ethers.
Other
names:
Butyryl
fentanyl.
15
NEW
PARAGRAPH
.
r.
N-[1-[2-hydroxy-2-(thiophen-2-
16
yl)ethyl]piperidin-4-yl]-N-phenylpropionamide,
its
isomers,
17
esters,
ethers,
salts
and
salts
of
isomers,
esters
and
ethers.
18
Other
names:
beta-hydroxythiofentanyl.
19
NEW
PARAGRAPH
.
s.
3,4-Dichloro-N-[2-
20
(dimethylamino)cyclohexyl]-N-methylbenzamide,
its
isomers,
21
esters,
ethers,
salts
and
salts
of
isomers,
esters
and
ethers.
22
Other
names:
U-47700.
23
Sec.
3.
Section
124.206,
subsection
2,
paragraph
a,
24
unnumbered
paragraph
1,
Code
2017,
is
amended
to
read
as
25
follows:
26
Opium
and
opiate,
and
any
salt,
compound,
derivative,
27
or
preparation
of
opium
or
opiate,
excluding
apomorphine,
28
thebaine-derived
butorphanol,
dextrorphan,
nalbuphine,
29
nalmefene,
naloxegol,
naloxone,
and
naltrexone,
and
their
30
respective
salts,
but
including
the
following:
31
Sec.
4.
Section
124.206,
subsection
2,
paragraph
d,
Code
32
2017,
is
amended
to
read
as
follows:
33
d.
Coca
leaves
and
any
salt,
compound,
derivative,
or
34
preparation
of
coca
leaves
.
Decocainized
coca
leaves
or
35
-1-
LSB
1287DP
(16)
87
jm/nh
1/
8
S.F.
_____
H.F.
_____
extractions
of
coca
leaves,
which
extractions
do
not
contain
1
cocaine
or
ecgonine,
are
excluded
from
this
paragraph.
The
2
following
substances
and
their
salts,
optical
and
geometric
3
isomers,
derivatives,
and
salts
of
derivatives
and
optical
4
and
geometric
isomers
including
cocaine
and
ecgonine
and
5
their
salts,
isomers,
derivatives
and
salts
of
isomers
and
6
derivatives
,
and
any
salt,
compound,
derivative,
or
preparation
7
thereof
that
is
chemically
equivalent
or
identical
to
any
of
8
such
substances,
are
included
in
this
paragraph
except
that
the
9
substances
shall
not
include
:
10
(1)
Cocaine
Decocainized
coca
leaves
or
extractions
of
coca
11
leaves,
which
extractions
do
not
contain
cocaine
or
ecgonine
.
12
(2)
Ecgonine
[\123\I]ioflupane
.
13
Sec.
5.
Section
124.206,
subsection
3,
Code
2017,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
ac.
Thiafentanil.
16
Sec.
6.
Section
124.208,
subsection
5,
paragraph
a,
17
subparagraphs
(3)
and
(4),
Code
2017,
are
amended
by
striking
18
the
subparagraphs.
19
Sec.
7.
Section
124.210,
subsection
2,
Code
2017,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
c.
2-[(dimethylamino)methyl]-1-
22
(3-methoxyphenyl)cyclohexanol,
its
salts,
optical
and
geometric
23
isomers
and
salts
of
these
isomers
(including
tramadol).
24
Sec.
8.
Section
124.210,
subsection
3,
Code
2017,
is
amended
25
by
adding
the
following
new
paragraphs:
26
NEW
PARAGRAPH
.
bb.
Alfaxalone.
27
NEW
PARAGRAPH
.
bc.
Suvorexant.
28
Sec.
9.
Section
124.210,
subsection
7,
Code
2017,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
c.
Eluxadoline
(5-[[[(2S)-2-amino-3-
31
[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-
32
(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-
33
methoxybenzoic
acid)
(including
its
optical
isomers)
and
its
34
salts,
isomers,
and
salts
of
isomers.
35
-2-
LSB
1287DP
(16)
87
jm/nh
2/
8
S.F.
_____
H.F.
_____
Sec.
10.
Section
124.212,
subsection
5,
Code
2017,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
Brivaracetam
((2S)-2-[(4R)-2-oxo-4-
3
propylpyrrolidin-1-yl]
butanamide),
including
its
salts.
Other
4
names:
BRV,
UCB-34714,
Briviact.
5
DIVISION
II
6
CODE
CHAPTER
124B
(PRECURSOR
SUBSTANCES)
REPEAL
7
Sec.
11.
Section
124.401,
subsection
5,
unnumbered
8
paragraph
1,
Code
2017,
is
amended
to
read
as
follows:
9
It
is
unlawful
for
any
person
knowingly
or
intentionally
10
to
possess
a
controlled
substance
unless
such
substance
was
11
obtained
directly
from,
or
pursuant
to,
a
valid
prescription
12
or
order
of
a
practitioner
while
acting
in
the
course
of
the
13
practitioner’s
professional
practice,
or
except
as
otherwise
14
authorized
by
this
chapter
.
Any
person
who
violates
this
15
subsection
is
guilty
of
a
serious
misdemeanor
for
a
first
16
offense.
A
person
who
commits
a
violation
of
this
subsection
17
and
who
has
previously
been
convicted
of
violating
this
chapter
18
or
chapter
124A
,
124B
,
or
453B
,
or
chapter
124B
as
it
existed
19
prior
to
the
effective
date
of
this
Act,
is
guilty
of
an
20
aggravated
misdemeanor.
A
person
who
commits
a
violation
of
21
this
subsection
and
has
previously
been
convicted
two
or
more
22
times
of
violating
this
chapter
or
chapter
124A
,
124B
,
or
453B
,
23
or
chapter
124B
as
it
existed
prior
to
the
effective
date
of
24
this
Act,
is
guilty
of
a
class
“D”
felony.
25
Sec.
12.
Section
155A.6,
subsection
3,
Code
2017,
is
amended
26
to
read
as
follows:
27
3.
The
board
shall
establish
standards
for
28
pharmacist-intern
registration
and
may
deny,
suspend,
29
or
revoke
a
pharmacist-intern
registration
for
failure
to
meet
30
the
standards
or
for
any
violation
of
the
laws
of
this
state,
31
another
state,
or
the
United
States
relating
to
prescription
32
drugs,
controlled
substances,
or
nonprescription
drugs,
or
for
33
any
violation
of
this
chapter
or
chapter
124
,
124A
,
124B
,
126
,
34
147
,
or
205
,
or
any
rule
of
the
board.
35
-3-
LSB
1287DP
(16)
87
jm/nh
3/
8
S.F.
_____
H.F.
_____
Sec.
13.
Section
155A.6A,
subsection
5,
Code
2017,
is
1
amended
to
read
as
follows:
2
5.
The
board
may
deny,
suspend,
or
revoke
the
registration
3
of,
or
otherwise
discipline,
a
registered
pharmacy
technician
4
for
any
violation
of
the
laws
of
this
state,
another
state,
or
5
the
United
States
relating
to
prescription
drugs,
controlled
6
substances,
or
nonprescription
drugs,
or
for
any
violation
of
7
this
chapter
or
chapter
124
,
124A
,
124B
,
126
,
147
,
205
,
or
8
272C
,
or
any
rule
of
the
board.
9
Sec.
14.
Section
155A.6B,
subsection
5,
Code
2017,
is
10
amended
to
read
as
follows:
11
5.
The
board
may
deny,
suspend,
or
revoke
the
registration
12
of
a
pharmacy
support
person
or
otherwise
discipline
the
13
pharmacy
support
person
for
any
violation
of
the
laws
of
14
this
state,
another
state,
or
the
United
States
relating
to
15
prescription
drugs,
controlled
substances,
or
nonprescription
16
drugs,
or
for
any
violation
of
this
chapter
or
chapter
124
,
17
124A
,
124B
,
126
,
147
,
205
,
or
272C
,
or
any
rule
of
the
board.
18
Sec.
15.
Section
155A.13A,
subsection
5,
paragraph
d,
Code
19
2017,
is
amended
to
read
as
follows:
20
d.
Any
violation
of
this
chapter
or
chapter
124
,
124A
,
124B
,
21
126
,
or
205
,
or
rule
of
the
board.
22
Sec.
16.
Section
155A.13C,
subsection
5,
paragraph
d,
Code
23
2017,
is
amended
to
read
as
follows:
24
d.
Any
violation
of
this
chapter
or
chapter
124
,
124A
,
124B
,
25
126
,
or
205
,
or
rule
of
the
board.
26
Sec.
17.
Section
155A.17,
subsection
2,
Code
2017,
is
27
amended
to
read
as
follows:
28
2.
The
board
shall
establish
standards
for
drug
wholesaler
29
licensure
and
may
define
specific
types
of
wholesaler
licenses.
30
The
board
may
deny,
suspend,
or
revoke
a
drug
wholesale
license
31
for
failure
to
meet
the
applicable
standards
or
for
a
violation
32
of
the
laws
of
this
state,
another
state,
or
the
United
33
States
relating
to
prescription
drugs,
devices,
or
controlled
34
substances,
or
for
a
violation
of
this
chapter
,
chapter
124
,
35
-4-
LSB
1287DP
(16)
87
jm/nh
4/
8
S.F.
_____
H.F.
_____
124A
,
124B
,
126
,
or
205
,
or
a
rule
of
the
board.
1
Sec.
18.
Section
155A.42,
subsection
4,
Code
2017,
is
2
amended
to
read
as
follows:
3
4.
The
board
may
deny,
suspend,
or
revoke
a
limited
drug
and
4
device
distributor’s
license
for
failure
to
meet
the
applicable
5
standards
or
for
a
violation
of
the
laws
of
this
state,
another
6
state,
or
the
United
States
relating
to
prescription
drugs
or
7
controlled
substances,
or
for
a
violation
of
this
chapter
,
8
chapter
124
,
124A
,
124B
,
126
,
205
,
or
272C
,
or
a
rule
of
the
9
board.
10
Sec.
19.
REPEAL.
Chapter
124B,
Code
2017,
is
repealed.
11
DIVISION
III
12
EFFECTIVE
DATE
13
Sec.
20.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
14
of
immediate
importance,
takes
effect
upon
enactment.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
makes
changes
to
the
controlled
substance
19
schedules
and
modifies
the
regulation
of
precursor
substances.
20
DIVISION
I
——
CONTROLLED
SUBSTANCES.
The
bill
classifies
21
four
synthetic
opioids
as
schedule
I
controlled
substances
in
22
conformance
with
scheduling
actions
taken
by
the
United
States
23
department
of
justice,
drug
enforcement
administration.
The
24
bill
also
classifies
as
a
schedule
I
controlled
substance
a
25
micro-opioid
receptor
agonist
with
analgesic
activity
similar
26
to
morphine.
27
The
bill
classifies
thiafentanil,
an
opioid
and
analogue
of
28
fentanyl,
as
a
schedule
II
controlled
substance.
29
The
bill
removes
hydrocodone-combination
products
from
30
the
list
of
substances
classified
as
schedule
III
controlled
31
substances.
Currently,
hydrocodone,
as
a
single-entity
32
substance,
is
classified
as
a
schedule
II
controlled
33
substance.
The
change
under
the
bill
effectively
makes
all
34
hydrocodone-containing
products
subject
to
the
controls,
35
-5-
LSB
1287DP
(16)
87
jm/nh
5/
8
S.F.
_____
H.F.
_____
security,
reporting,
and
penalty
provisions
for
schedule
II
1
controlled
substances.
2
The
bill
removes
naloxegol,
a
new
molecular
entity
and
3
derivative
of
naloxone,
from
control
as
a
schedule
III
4
controlled
substance.
The
federal
food
and
drug
administration
5
approved
naloxegol
for
the
treatment
of
opioid-induced
6
constipation
in
adults
with
chronic
non-cancer
pain.
7
The
bill
also
removes
[\123\I]ioflupane
from
control
as
8
a
schedule
II
controlled
substance.
This
substance
is
a
new
9
molecular
entity
and
is
the
active
pharmaceutical
ingredient
10
in
the
drug
DaTscan,
approved
by
the
federal
food
and
drug
11
administration
for
use
in
diagnosis
of
patients
suspected
of
12
having
Parkinson’s
disease.
13
The
bill
classifies
the
substance
commonly
known
as
14
tramadol,
a
centrally
acting
opioid
analgesic,
as
a
schedule
15
IV
controlled
substance.
This
substance
was
previously
16
marketed
and
distributed
as
a
noncontrolled
prescription
17
drug.
Effective
August
18,
2014,
the
federal
drug
enforcement
18
administration
classified
tramadol
as
a
schedule
IV
controlled
19
substance
under
federal
law.
20
The
bill
classifies
alfaxalone,
a
neurosteroid
with
central
21
nervous
system
depressant
properties,
as
a
schedule
IV
22
controlled
substance.
The
federal
food
and
drug
administration
23
approved
this
intravenous
injectable
anesthetic
for
use
by
or
24
on
the
order
of
a
licensed
veterinarian.
Alfaxalone
is
not
25
available
by
prescription
and
is
approved
for
use
in
veterinary
26
practice.
27
The
bill
classifies
suvorexant,
an
insomnia
treatment
28
approved
by
the
federal
food
and
drug
administration,
29
as
a
schedule
IV
controlled
substance.
This
is
a
novel,
30
first-in-class,
chemical
substance
and
information
on
actual
31
abuse
data
is
not
available.
However,
data
from
clinical
32
studies
supports
the
classification
in
schedule
IV.
33
The
bill
classifies
eluxadoline,
a
new
entity
with
central
34
nervous
system
opioid
properties
approved
by
the
federal
food
35
-6-
LSB
1287DP
(16)
87
jm/nh
6/
8
S.F.
_____
H.F.
_____
and
drug
administration
for
the
treatment
of
irritable
bowel
1
syndrome
with
diarrhea,
as
a
schedule
IV
controlled
substance.
2
The
bill
classifies
brivaracetam,
also
known
as
briviact
3
or
BRV,
as
a
schedule
V
controlled
substance.
Briviact
is
a
4
new
molecular
entity
with
central
nervous
system
depressant
5
properties
and
has
been
approved
as
an
add-on
treatment
to
6
other
medications
to
treat
partial
onset
seizures
in
patients
7
age
16
years
and
older
with
epilepsy.
8
It
is
a
class
“C”
felony
pursuant
to
Code
section
9
124.401(1)(c)(8)
for
any
unauthorized
person
to
violate
a
10
provision
of
Code
section
124.401
involving
a
classified
11
substance
placed
on
schedule
I,
II,
or
III
pursuant
to
the
12
bill.
A
class
“C”
felony
for
this
particular
offense
is
13
punishable
by
confinement
for
no
more
than
10
years
and
a
fine
14
of
at
least
$1,000
but
not
more
than
$50,000.
15
It
is
an
aggravated
misdemeanor
pursuant
to
Code
section
16
124.401(1)(d)
for
any
unauthorized
person
to
violate
a
17
provision
of
Code
section
124.401
involving
a
classified
18
substance
placed
on
schedule
IV
pursuant
to
the
bill.
An
19
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
20
than
two
years
and
a
fine
of
at
least
$625
but
not
more
than
21
$6,250.
22
If
a
person
possesses
a
controlled
substance
in
violation
of
23
Code
section
124.401(5)
as
a
first
offense,
the
person
commits
24
a
serious
misdemeanor.
A
serious
misdemeanor
is
punishable
by
25
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
26
$315
but
not
more
than
$1,875.
27
DIVISION
II
——
PRECURSOR
SUBSTANCES.
The
bill
repeals
28
Code
chapter
124B
relating
to
the
regulation
of
precursor
29
substances.
Code
section
124B.1
defines
“precursor
substance”
30
to
mean
a
substance
which
may
be
used
as
a
precursor
in
31
the
illegal
production
of
a
controlled
substance
and
is
32
specified
in
Code
section
124B.2.
Under
Code
section
124B.2,
a
33
manufacturer,
retailer,
or
other
person
who
sells,
transfers,
34
or
otherwise
furnishes
to
any
person
in
this
state
a
substance
35
-7-
LSB
1287DP
(16)
87
jm/nh
7/
8
S.F.
_____
H.F.
_____
listed
in
Code
section
124B.2
is
required
to
file
a
report
with
1
the
board
of
pharmacy
unless
certain
exceptions
apply
under
2
Code
section
124B.6.
A
person
who
commits
a
violation
of
Code
3
chapter
124B
is
subject
to
criminal
penalties
ranging
from
a
4
simple
misdemeanor
to
a
class
“C”
felony.
5
DIVISION
III
——
EFFECTIVE
DATE.
The
bill
takes
effect
upon
6
enactment.
7
-8-
LSB
1287DP
(16)
87
jm/nh
8/
8