SSB 1230 (LSB 1186DP (10) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED BOARD OF PHARMACY BILL)

A BILL FOR

An Act relating to controlled substances, including amending information collection and reporting requirements under the Iowa prescription monitoring program, amending the controlled substance schedules, removing certain references to marijuana, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
IOWA PRESCRIPTION MONITORING PROGRAM INFORMATION

    Section 1.  Section 124.554, subsection 1, paragraph g, Code 2019, is amended to read as follows:
   g.  Including all schedule schedules II, III, and IV controlled substances, those substances in schedules III and IV that the advisory council and board determine can be addictive or fatal if not taken under the proper care and direction of a prescribing practitioner, and schedule V controlled substances including when dispensed by a pharmacist without a prescription, except for sales of pseudoephedrine which are reported to the real-time electronic repository, opioid antagonists, and other prescription substances that the board and advisory council determine can be addictive or fatal if not taken under the proper care and direction of a prescribing practitioner.
    Sec. 2.  Section 124.554, subsection 2, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   Beginning January February 1, 2007 2020, and annually by January February 1 thereafter, the board and advisory council shall present to the general assembly and the governor a report prepared consistent with section 124.555, subsection 3, paragraph “d”, which shall include but not be limited to the following:
DIVISION II
CONTROLLED SUBSTANCE SCHEDULES

    Sec. 3.  Section 124.204, subsection 2, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  be.  MT-45 (1-cyclohexyl-4-(1,2-
diphenylethyl)piperazine).
    Sec. 4.  Section 124.204, subsection 4, paragraph m, Code 2019, is amended to read as follows:
   m.  Marijuana, except as otherwise provided by rules of the board for medicinal purposes.
    Sec. 5.  Section 124.204, subsection 4, paragraph u, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   Tetrahydrocannabinols, except as otherwise provided by rules of the board for medicinal purposes, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
    Sec. 6.  Section 124.204, subsection 6, paragraph i, Code 2019, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (27)  1-(1,3-benzodioxol-5-yl)-2-
(ethylamino)-pentan-1-one. Other names: N-ethylpentylone or ephylone.
    Sec. 7.  Section 124.204, subsection 7, Code 2019, is amended by striking the subsection.
    Sec. 8.  Section 124.204, subsection 9, Code 2019, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  af.  N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopropanecarboxamide, its isomers, esters, ethers, salts and salts of isomers, esters, and ethers. Other name: cyclopropyl fentanyl.
   NEW PARAGRAPH.  ag.  N-(1-phenethylpiperidin-4-yl)-N-
phenylpentanamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers. Other name: valeryl fentanyl.
   NEW PARAGRAPH.  ah.  N-(4-fluorophenyl)-N-(1-
phenethylpiperidin-4-yl)butyramide, its isomers, esters, ethers, salts and salts of isomers, esters, and ethers. Other name: para-fluorobutyryl fentanyl.
   NEW PARAGRAPH.  ai.  N-(4-methoxyphenyl)-N-
(1-phenethylpiperidin-4-yl)butryamide, its isomers, esters, ethers, salts and salts of isomers, esters, and ethers. Other name: para-methyoxybutyryl fentanyl.
   NEW PARAGRAPH.  aj.  N-(4-chlorophenyl)-N-(1-
phenethylpiperidin-4-yl)isobutryramide, its isomers, esters, ethers, salts and salts of isomers, esters, and ethers. Other name: para-chloroisobutyryl fentanyl.
   NEW PARAGRAPH.  ak.  N-(1-phenethylpiperidin-4-yl)-
N-phenylisobutyramide, its isomers, esters, ethers, salts and salts of isomers, esters, and ethers. Other name: isobutyryl fentanyl.
   NEW PARAGRAPH.  al.  N-(1-phenethylpiperidin-4-yl)-
N-phenylcyclopentanecarboxamide, its isomers, esters, ethers, salts and salts of isomers, esters, and ethers. Other name: cyclopentyl fentanyl.
   NEW PARAGRAPH.  am.  N-(2-fluorophenyl)-2-methoxy-N-
(1-phenethylpiperidin-4-yl)acetamide, its isomers, esters, ethers, salts and salts of isomers, esters, and ethers. Other name: ocfentanil.
   NEW PARAGRAPH.  an.  Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, esters and ethers. “Fentanyl-related substance” means any substance not otherwise listed under this schedule or another schedule, and for which no exemption or approval is in effect under section 505 of the federal Food, Drug, and Cosmetic Act that is structurally related to fentanyl by one or more of the following modifications:
   (1)  Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.
   (2)  Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups.
   (3)  Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.
   (4)  Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.
   (5)  Replacement of the N-propionyl group by another acyl group.
   NEW PARAGRAPH.  ao.  Naphthalen-1-yl 1-(5-fluoropentyl)-
1H-indole-3-carboxylate. Other names: NM2201 or CBL2201.
   NEW PARAGRAPH.  ap.  N-(1-amino-3-methyl-1-oxobutan-
2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide. Other name: 5F-AB-PINACA.
   NEW PARAGRAPH.  aq.  1-(4-cyanobutyl)-N-(2-phenylpropan-
2-yl)-1H-indazole-3-carboxamide. Other names: 4-CN-CUMYL-BUTINACA, 4-cyano-CUMYL-BUTINACA, 4-CN-CUMYL BINACA, CUMYL-4CN-BINACA, or SGT-78.
   NEW PARAGRAPH.  ar.  Methyl 2-(1-(cyclohexylmethyl)-1H-
indole-3-carboxamido)-3-methylbutanoate. Other names: MMB-CHMICA or AMB-CHMICA.
   NEW PARAGRAPH.  as.  1-(5-fluoropentyl)-N-(2-
phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide. Other name: 5F-CUMYL-P7AICA.
    Sec. 9.  Section 124.206, subsection 7, paragraph a, Code 2019, is amended by striking the paragraph.
    Sec. 10.  Section 124.208, subsection 3, paragraph c, Code 2019, is amended to read as follows:
   c.  Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof including but not limited to Fioricet.
    Sec. 11.  Section 124.212, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Approved cannabidiol drugs.  A drug 

product in finished dosage formulation that has been approved by the United States food and drug administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-
pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols.
    Sec. 12.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   DIVISION I —— IOWA PRESCRIPTION MONITORING PROGRAM INFORMATION REPORTING. This division expands reporting to the Iowa prescription monitoring program (PMP) to include those controlled substances in schedules III, IV, and V under the Iowa uniform controlled substances Act (Act) which are dispensed to patients in Iowa. This bill requires all dispensations of schedules III, IV, and V controlled substances, including those that do not require a prescription to be dispensed by a pharmacist, to be reported to the PMP, except for dispensations of pseudoephedrine, which are reported to the real-time electronic repository. The division also extends the reporting requirement to other prescription substances that the board of pharmacy and the PMP advisory council determine could be addictive or fatal if not taken under the care and direction of a prescribing practitioner.
   The division also changes the due date for annual reports to the governor and legislature regarding the PMP from January 1 to February 1.
   DIVISION II —— CONTROLLED SUBSTANCE SCHEDULES. This division adds one opioid analgesic, one synthetic cathinone, five synthetic cannabinoids, and nine synthetic opioids to schedule I of the Act, and any FDA-approved products containing cannabidiol that contain no more than 0.1 percent tetrahydrocannabinols to schedule V of the Act.
   The division designates all products which contain derivatives of barbituric acid (butalbital) as schedule III controlled substances under the Act, subject to reporting to the PMP.
   The division strikes language referring to medical marijuana programs of the board of pharmacy.
   The division becomes effective upon enactment.