Senate Study Bill 1230 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED BOARD OF PHARMACY BILL) A BILL FOR An Act relating to controlled substances, including amending 1 information collection and reporting requirements under 2 the Iowa prescription monitoring program, amending the 3 controlled substance schedules, removing certain references 4 to marijuana, making penalties applicable, and including 5 effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1186DP (10) 88 ss/rh
S.F. _____ H.F. _____ DIVISION I 1 IOWA PRESCRIPTION MONITORING PROGRAM INFORMATION 2 Section 1. Section 124.554, subsection 1, paragraph g, Code 3 2019, is amended to read as follows: 4 g. Including all schedule schedules II , III, and IV 5 controlled substances, those substances in schedules III and IV 6 that the advisory council and board determine can be addictive 7 or fatal if not taken under the proper care and direction 8 of a prescribing practitioner, and schedule V controlled 9 substances including when dispensed by a pharmacist without 10 a prescription, except for sales of pseudoephedrine which 11 are reported to the real-time electronic repository, opioid 12 antagonists , and other prescription substances that the board 13 and advisory council determine can be addictive or fatal if 14 not taken under the proper care and direction of a prescribing 15 practitioner . 16 Sec. 2. Section 124.554, subsection 2, unnumbered paragraph 17 1, Code 2019, is amended to read as follows: 18 Beginning January February 1, 2007 2020 , and annually by 19 January February 1 thereafter, the board and advisory council 20 shall present to the general assembly and the governor a 21 report prepared consistent with section 124.555, subsection 3 , 22 paragraph “d” , which shall include but not be limited to the 23 following: 24 DIVISION II 25 CONTROLLED SUBSTANCE SCHEDULES 26 Sec. 3. Section 124.204, subsection 2, Code 2019, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . be. MT-45 (1-cyclohexyl-4-(1,2- 29 diphenylethyl)piperazine). 30 Sec. 4. Section 124.204, subsection 4, paragraph m, Code 31 2019, is amended to read as follows: 32 m. Marijuana , except as otherwise provided by rules of the 33 board for medicinal purposes . 34 Sec. 5. Section 124.204, subsection 4, paragraph u, 35 -1- LSB 1186DP (10) 88 ss/rh 1/ 5
S.F. _____ H.F. _____ unnumbered paragraph 1, Code 2019, is amended to read as 1 follows: 2 Tetrahydrocannabinols, except as otherwise provided 3 by rules of the board for medicinal purposes, meaning 4 tetrahydrocannabinols naturally contained in a plant of 5 the genus Cannabis (Cannabis plant) as well as synthetic 6 equivalents of the substances contained in the Cannabis plant, 7 or in the resinous extractives of such plant, and synthetic 8 substances, derivatives, and their isomers with similar 9 chemical structure and pharmacological activity to those 10 substances contained in the plant, such as the following: 11 Sec. 6. Section 124.204, subsection 6, paragraph i, Code 12 2019, is amended by adding the following new subparagraph: 13 NEW SUBPARAGRAPH . (27) 1-(1,3-benzodioxol-5-yl)-2- 14 (ethylamino)-pentan-1-one. Other names: N-ethylpentylone or 15 ephylone. 16 Sec. 7. Section 124.204, subsection 7, Code 2019, is amended 17 by striking the subsection. 18 Sec. 8. Section 124.204, subsection 9, Code 2019, is amended 19 by adding the following new paragraphs: 20 NEW PARAGRAPH . af. N-(1-phenethylpiperidin-4-yl)-N- 21 phenylcyclopropanecarboxamide, its isomers, esters, ethers, 22 salts and salts of isomers, esters, and ethers. Other name: 23 cyclopropyl fentanyl. 24 NEW PARAGRAPH . ag. N-(1-phenethylpiperidin-4-yl)-N- 25 phenylpentanamide, its isomers, esters, ethers, salts and salts 26 of isomers, esters and ethers. Other name: valeryl fentanyl. 27 NEW PARAGRAPH . ah. N-(4-fluorophenyl)-N-(1- 28 phenethylpiperidin-4-yl)butyramide, its isomers, esters, 29 ethers, salts and salts of isomers, esters, and ethers. Other 30 name: para-fluorobutyryl fentanyl. 31 NEW PARAGRAPH . ai. N-(4-methoxyphenyl)-N- 32 (1-phenethylpiperidin-4-yl)butryamide, its isomers, esters, 33 ethers, salts and salts of isomers, esters, and ethers. Other 34 name: para-methyoxybutyryl fentanyl. 35 -2- LSB 1186DP (10) 88 ss/rh 2/ 5
S.F. _____ H.F. _____ NEW PARAGRAPH . aj. N-(4-chlorophenyl)-N-(1- 1 phenethylpiperidin-4-yl)isobutryramide, its isomers, esters, 2 ethers, salts and salts of isomers, esters, and ethers. Other 3 name: para-chloroisobutyryl fentanyl. 4 NEW PARAGRAPH . ak. N-(1-phenethylpiperidin-4-yl)- 5 N-phenylisobutyramide, its isomers, esters, ethers, salts and 6 salts of isomers, esters, and ethers. Other name: isobutyryl 7 fentanyl. 8 NEW PARAGRAPH . al. N-(1-phenethylpiperidin-4-yl)- 9 N-phenylcyclopentanecarboxamide, its isomers, esters, ethers, 10 salts and salts of isomers, esters, and ethers. Other name: 11 cyclopentyl fentanyl. 12 NEW PARAGRAPH . am. N-(2-fluorophenyl)-2-methoxy-N- 13 (1-phenethylpiperidin-4-yl)acetamide, its isomers, esters, 14 ethers, salts and salts of isomers, esters, and ethers. Other 15 name: ocfentanil. 16 NEW PARAGRAPH . an. Fentanyl-related substances, their 17 isomers, esters, ethers, salts and salts of isomers, esters 18 and ethers. “Fentanyl-related substance” means any substance 19 not otherwise listed under this schedule or another schedule, 20 and for which no exemption or approval is in effect under 21 section 505 of the federal Food, Drug, and Cosmetic Act that 22 is structurally related to fentanyl by one or more of the 23 following modifications: 24 (1) Replacement of the phenyl portion of the phenethyl group 25 by any monocycle, whether or not further substituted in or on 26 the monocycle. 27 (2) Substitution in or on the phenethyl group with alkyl, 28 alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro 29 groups. 30 (3) Substitution in or on the piperidine ring with alkyl, 31 alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, 32 amino, or nitro groups. 33 (4) Replacement of the aniline ring with any aromatic 34 monocycle whether or not further substituted in or on the 35 -3- LSB 1186DP (10) 88 ss/rh 3/ 5
S.F. _____ H.F. _____ aromatic monocycle. 1 (5) Replacement of the N -propionyl group by another acyl 2 group. 3 NEW PARAGRAPH . ao. Naphthalen-1-yl 1-(5-fluoropentyl)- 4 1 H -indole-3-carboxylate. Other names: NM2201 or CBL2201. 5 NEW PARAGRAPH . ap. N -(1-amino-3-methyl-1-oxobutan- 6 2-yl)-1-(5-fluoropentyl)-1 H -indazole-3-carboxamide. Other 7 name: 5F-AB-PINACA. 8 NEW PARAGRAPH . aq. 1-(4-cyanobutyl)- N -(2-phenylpropan- 9 2-yl)-1 H -indazole-3-carboxamide. Other names: 10 4-CN-CUMYL-BUTINACA, 4-cyano-CUMYL-BUTINACA, 4-CN-CUMYL 11 BINACA, CUMYL-4CN-BINACA, or SGT-78. 12 NEW PARAGRAPH . ar. Methyl 2-(1-(cyclohexylmethyl)-1 H - 13 indole-3-carboxamido)-3-methylbutanoate. Other names: 14 MMB-CHMICA or AMB-CHMICA. 15 NEW PARAGRAPH . as. 1-(5-fluoropentyl)- N -(2- 16 phenylpropan-2-yl)-1 H -pyrrolo[2,3-b]pyridine-3-carboxamide. 17 Other name: 5F-CUMYL-P7AICA. 18 Sec. 9. Section 124.206, subsection 7, paragraph a, Code 19 2019, is amended by striking the paragraph. 20 Sec. 10. Section 124.208, subsection 3, paragraph c, Code 21 2019, is amended to read as follows: 22 c. Any substance which contains any quantity of a derivative 23 of barbituric acid or any salt thereof including but not 24 limited to Fioricet . 25 Sec. 11. Section 124.212, Code 2019, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 6. Approved cannabidiol drugs. A drug 28 product in finished dosage formulation that 29 has been approved by the United States food and 30 drug administration that contains cannabidiol 31 (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5- 32 pentyl-1,3-benzenediol) derived from cannabis and no more than 33 0.1 percent (w/w) residual tetrahydrocannabinols. 34 Sec. 12. EFFECTIVE DATE. This division of this Act, being 35 -4- LSB 1186DP (10) 88 ss/rh 4/ 5
S.F. _____ H.F. _____ deemed of immediate importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 DIVISION I —— IOWA PRESCRIPTION MONITORING PROGRAM 5 INFORMATION REPORTING. This division expands reporting to 6 the Iowa prescription monitoring program (PMP) to include 7 those controlled substances in schedules III, IV, and V 8 under the Iowa uniform controlled substances Act (Act) 9 which are dispensed to patients in Iowa. This bill requires 10 all dispensations of schedules III, IV, and V controlled 11 substances, including those that do not require a prescription 12 to be dispensed by a pharmacist, to be reported to the PMP, 13 except for dispensations of pseudoephedrine, which are reported 14 to the real-time electronic repository. The division also 15 extends the reporting requirement to other prescription 16 substances that the board of pharmacy and the PMP advisory 17 council determine could be addictive or fatal if not taken 18 under the care and direction of a prescribing practitioner. 19 The division also changes the due date for annual reports to 20 the governor and legislature regarding the PMP from January 1 21 to February 1. 22 DIVISION II —— CONTROLLED SUBSTANCE SCHEDULES. This 23 division adds one opioid analgesic, one synthetic cathinone, 24 five synthetic cannabinoids, and nine synthetic opioids 25 to schedule I of the Act, and any FDA-approved products 26 containing cannabidiol that contain no more than 0.1 percent 27 tetrahydrocannabinols to schedule V of the Act. 28 The division designates all products which contain 29 derivatives of barbituric acid (butalbital) as schedule III 30 controlled substances under the Act, subject to reporting to 31 the PMP. 32 The division strikes language referring to medical marijuana 33 programs of the board of pharmacy. 34 The division becomes effective upon enactment. 35 -5- LSB 1186DP (10) 88 ss/rh 5/ 5