Bill Text: IA SSB3073 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to controlled substances and precursor substances, including provisions relating to the registration of persons who manufacture, distribute, or dispense controlled substances, adding substances to the controlled substance schedules, expanding the list of precursor substances for which reporting is required, providing penalties, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-01-30 - Subcommittee recommends passage. [SSB3073 Detail]
Download: Iowa-2017-SSB3073-Introduced.html
Senate
Study
Bill
3073
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
PHARMACY
BILL)
A
BILL
FOR
An
Act
relating
to
controlled
substances
and
precursor
1
substances,
including
provisions
relating
to
the
2
registration
of
persons
who
manufacture,
distribute,
3
or
dispense
controlled
substances,
adding
substances
4
to
the
controlled
substance
schedules,
expanding
the
5
list
of
precursor
substances
for
which
reporting
is
6
required,
providing
penalties,
and
including
effective
date
7
provisions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
9
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DIVISION
I
1
REGISTRATION
AND
DISCIPLINE
2
Section
1.
Section
124.302,
subsections
1
and
4,
Code
2018,
3
are
amended
to
read
as
follows:
4
1.
Every
person
who
manufactures,
distributes,
or
dispenses
5
any
controlled
substance
within
in
this
state
or
who
proposes
6
to
engage
in
the
manufacture,
distribution,
or
dispensing
7
of
any
controlled
substance
within
this
state,
shall
obtain
8
and
maintain
a
biennial
registration
issued
by
the
board
in
9
accordance
with
its
rules.
10
4.
A
separate
registration
is
required
for
each
principal
11
place
of
business
or
professional
practice
where
the
applicant
12
manufactures,
distributes,
or
dispenses
,
or
conducts
research
13
with
controlled
substances.
14
Sec.
2.
Section
124.304,
subsection
1,
Code
2018,
is
amended
15
to
read
as
follows:
16
1.
The
board
may
suspend,
revoke,
or
restrict
a
registration
17
under
section
124.303
to
manufacture,
distribute,
or
dispense
18
a
controlled
substance
,
or
otherwise
discipline
a
registrant,
19
upon
a
finding
that
any
of
the
following
apply
to
the
20
registrant:
21
a.
The
registrant
has
furnished
false
or
fraudulent
material
22
information
in
any
application
filed
under
this
chapter
or
23
any
other
chapter
which
applies
to
the
registrant
or
the
24
registrant’s
practice
.
25
b.
The
registrant
has
had
the
registrant’s
federal
26
registration
to
manufacture,
distribute,
or
dispense
,
or
27
conduct
research
with
controlled
substances
suspended,
revoked,
28
or
restricted.
29
c.
The
registrant
has
been
convicted
of
a
public
offense
30
under
any
state
or
federal
law
relating
to
any
controlled
31
substance.
For
the
purpose
of
this
section
only,
a
conviction
32
shall
include
a
plea
of
guilty,
a
forfeiture
of
bail
or
33
collateral
deposited
to
secure
a
defendant’s
appearance
in
34
court
which
forfeiture
has
not
been
vacated,
or
a
finding
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of
guilt
in
a
criminal
action
even
though
the
entry
of
the
1
judgment
or
sentence
has
been
withheld
and
the
individual
2
placed
on
probation.
3
d.
The
registrant
has
committed
such
acts
as
would
4
render
the
registrant’s
registration
under
section
124.303
5
inconsistent
with
the
public
interest
as
determined
under
that
6
section.
7
e.
If
the
registrant
is
a
licensed
health
care
professional,
8
the
registrant
has
had
the
registrant’s
professional
license
9
revoked
or
suspended
or
has
been
otherwise
disciplined
in
a
10
way
that
restricts
the
registrant’s
authority
to
handle
or
11
prescribe
controlled
substances.
12
Sec.
3.
Section
124.304,
subsections
2,
3,
and
4,
Code
2018,
13
are
amended
to
read
as
follows:
14
2.
The
board
may
limit
revocation
,
or
suspension
,
or
15
restriction
of
a
registration
or
discipline
of
a
registrant
16
to
the
particular
controlled
substance
with
respect
to
17
which
grounds
for
revocation
,
or
suspension
,
restriction,
or
18
discipline
exist.
19
3.
If
the
board
suspends
,
or
revokes
,
or
restricts
a
20
registration,
or
otherwise
disciplines
a
registrant,
all
21
controlled
substances
owned
or
possessed
by
the
registrant
22
at
the
time
of
the
suspension
,
revocation,
restriction,
23
or
discipline,
or
at
the
time
of
the
effective
date
of
the
24
revocation
order
,
may
be
placed
under
seal.
No
disposition
25
may
be
made
of
substances
under
seal
until
the
time
for
taking
26
an
appeal
has
elapsed
or
until
all
appeals
have
been
concluded
27
unless
a
court,
upon
application,
orders
the
sale
of
perishable
28
substances
and
the
deposit
of
the
proceeds
of
the
sale
with
the
29
court.
Upon
a
revocation
an
order
becoming
final,
all
such
30
controlled
substances
may
be
forfeited
to
the
state.
31
4.
The
board
shall
promptly
notify
the
bureau
and
32
the
department
of
all
orders
suspending
,
or
revoking
,
or
33
restricting
a
registration
and
all
forfeitures
of
controlled
34
substances
,
or
otherwise
disciplining
a
registrant
.
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Sec.
4.
Section
124.305,
Code
2018,
is
amended
to
read
as
1
follows:
2
124.305
Order
to
show
cause
Contested
case
proceedings
.
3
1.
Before
denying,
Prior
to
suspending
,
restricting,
or
4
revoking
a
registration,
or
refusing
a
renewal
of
registration,
5
or
otherwise
disciplining
a
registrant,
the
board
shall
serve
6
upon
the
applicant
or
registrant
an
order
to
show
cause
why
7
registration
should
not
be
denied,
revoked,
or
suspended,
or
8
why
the
renewal
should
not
be
refused.
The
order
to
show
9
cause
shall
contain
a
statement
of
the
basis
therefor
and
10
shall
call
upon
the
applicant
or
registrant
to
appear
before
11
the
board
at
a
time
and
place
not
less
than
thirty
days
after
12
the
date
of
service
of
the
order,
but
in
the
case
of
a
denial
13
or
renewal
of
registration
the
show
cause
order
shall
be
14
served
not
later
than
thirty
days
before
the
expiration
of
15
the
registration
a
notice
in
accordance
with
section
17A.12,
16
subsection
1
.
The
proceedings
shall
comply
with
the
contested
17
case
procedures
in
accordance
with
chapter
17A.
These
The
18
proceedings
shall
also
be
conducted
without
regard
to
any
19
criminal
prosecution
or
other
proceeding.
Proceedings
to
20
refuse
renewal
of
registration
shall
not
abate
the
existing
21
registration
which
shall
remain
in
effect
pending
the
outcome
22
of
the
administrative
hearing.
23
2.
The
board
,
without
an
order
to
show
cause
,
may
suspend
24
any
registration
while
simultaneously
with
the
institution
25
of
proceedings
under
section
124.304
,
or
where
renewal
of
26
registration
is
refused,
pursuing
emergency
adjudicative
27
proceedings
in
accordance
with
section
17A.18A,
if
it
finds
28
that
there
is
an
imminent
danger
to
the
public
health
or
29
safety
which
warrants
this
action.
The
suspension
shall
30
continue
in
effect
until
the
conclusion
of
the
proceedings,
31
including
judicial
review
thereof,
under
the
provisions
of
32
the
Iowa
administrative
procedure
Act,
chapter
17A
,
unless
33
sooner
withdrawn
by
the
board
or
dissolved
by
the
order
of
the
34
district
court
or
an
appellate
court.
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DIVISION
II
1
ADDITIONAL
CONTROLLED
SUBSTANCES
AND
PRECURSOR
SUBSTANCES
2
Sec.
5.
Section
124.204,
subsection
9,
Code
2018,
is
amended
3
by
adding
the
following
new
paragraphs:
4
NEW
PARAGRAPH
.
t.
Methyl
2-(1-(5-fluoropentyl)-
5
1H-indazole-3-carboxamido)-3,3-dimethylbutanoate,
its
optical,
6
positional,
and
geometric
isomers,
salts,
and
salts
of
isomers.
7
Other
names:
5F-ADB;
5F-MDMB-PINACA.
8
NEW
PARAGRAPH
.
u.
Methyl
2-(1-(5-fluoropentyl)-1H-
9
indazole-3-carboxamido)-3-methylbutanoate,
its
optical,
10
positional,
and
geometric
isomers,
salts,
and
salts
of
isomers.
11
Other
name:
5F-AMB.
12
NEW
PARAGRAPH
.
v.
N-(adamantan-1-yl)-1-(5-
13
fluoropentyl)-1H-indazole-3-carboxamide,
its
optical,
14
positional,
and
geometric
isomers,
salts,
and
salts
of
isomers.
15
Other
names:
5F-APINACA,
5F-AKB48.
16
NEW
PARAGRAPH
.
w.
N-(1-amino-3,3-dimethyl-1-
17
oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide,
18
its
optical,
positional,
and
geometric
isomers,
salts,
and
19
salts
of
isomers.
Other
name:
ADB-FUBINACA.
20
NEW
PARAGRAPH
.
x.
Methyl
2-(1-(cyclohexylmethyl)-1H-
21
indole-3-carboxamido)-3,3-dimethylbutanoate,
its
optical,
22
positional,
and
geometric
isomers,
salts,
and
salts
of
isomers.
23
Other
names:
MDMB-CHMICA,
MMB-CHMINACA
24
NEW
PARAGRAPH
.
y.
Methyl
2-(1-(4-fluorobenzyl)-1H-
25
indazole-3-carboxamido)-3,3-dimethylbutanoate,
its
optical,
26
positional,
and
geometric
isomers,
salts,
and
salts
of
27
isomers.
Other
name:
MDMB-FUBINACA.
28
NEW
PARAGRAPH
.
z.
N-(4-fluorophenyl)-N-(1-
29
phenethylpiperidin-4-yl)isobutyramide,
its
isomers,
esters,
30
ethers,
salts,
and
salts
of
isomers,
esters,
and
ethers.
Other
31
names:
4-fluoroisobutyryl
fentanyl,
para-fluoroisobutyryl
32
fentanyl.
33
NEW
PARAGRAPH
.
aa.
N-(2-fluorophenyl)-N-(1-
34
phenethylpiperidin-4-yl)
propionamide.
Other
names:
ortho-
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fluorofentanyl
or
2-fluorofentanyl.
1
NEW
PARAGRAPH
.
ab.
N-(1-phenethylpiperidin-4-yl)-N-
2
phenyltetrahydrofuran-2-carboxamide.
Other
name:
3
tetrahydrofuranyl
fentanyl.
4
NEW
PARAGRAPH
.
ac.
2-methoxy-N-(1-phenethylpiperidin-4-
5
yl)-N-phenylacetamide.
Other
name:
methoxyacetyl
fentanyl.
6
NEW
PARAGRAPH
.
ad.
N-(1-phenethylpiperidin-4-yl)-N-
7
phenylacrylamide.
Other
names:
acryl
fentanyl
or
8
acryloylfentanyl.
9
NEW
PARAGRAPH
.
ae.
Methyl
2-(1-(4-fluorobenzyl)-1H-
10
indazole-3-carboxamido)-3-methylbutanoate,
its
optical,
11
positional,
and
geometric
isomers,
salts,
and
salts
of
isomers.
12
Other
names:
FUB-AMB,
MMB-FUBINACA,
AMB-FUBINACA.
13
Sec.
6.
Section
124.206,
subsection
7,
Code
2018,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
c.
Dronabinol
[(-)-delta-9-trans-
16
tetrahydrocannabinol]
in
an
oral
solution
in
a
drug
product
17
approved
for
marketing
by
the
United
States
food
and
drug
18
administration.
19
Sec.
7.
Section
124B.2,
subsection
1,
Code
2018,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
ab.
Alpha-phenylacetoacetonitrile
and
its
22
salts,
optical
isomers,
and
salts
of
optical
isomers.
Other
23
name:
APAAN.
24
Sec.
8.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
25
deemed
of
immediate
importance,
takes
effect
upon
enactment.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
controlled
substances
and
precursor
30
substances
including
provisions
relating
to
the
registration
31
of
persons
who
manufacture,
distribute,
or
dispense
controlled
32
substances,
adding
substances
to
the
controlled
substance
33
schedules,
and
expanding
the
list
of
precursor
substances
for
34
which
reporting
is
required.
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DIVISION
I.
The
bill
provides
that
a
person
who
1
manufactures,
distributes,
or
dispenses
any
controlled
2
substance
in
this
state
or
who
proposes
to
engage
in
such
3
activities
in
this
state
(registrant),
obtain
and
maintain
4
a
registration
issued
by
the
board
of
pharmacy.
Currently,
5
a
registrant
is
required
to
obtain
and
maintain
a
biennial
6
registration
issued
by
the
board
of
pharmacy.
7
The
bill
requires
a
separate
registration
for
each
principal
8
place
of
business
of
a
registrant,
when
the
registrant
is
9
conducting
research
with
controlled
substances.
Currently,
10
a
separate
registration
is
required
for
each
principal
place
11
of
business
where
a
registrant
manufactures,
distributes,
or
12
dispenses
controlled
substances.
13
The
bill
permits
the
board
of
pharmacy
to
take
disciplinary
14
action
against
a
registrant
who
manufactures,
distributes,
15
or
dispenses
any
controlled
substance
within
this
state,
16
without
restricting,
suspending,
or
revoking
the
registration.
17
Currently,
the
board
of
pharmacy
does
not
have
the
option
to
18
take
disciplinary
action
against
a
registrant.
19
The
bill
provides
that
the
board
of
pharmacy
may
discipline
20
a
registrant
when
the
registrant
has
furnished
false
or
21
fraudulent
material
information
in
any
application
under
any
22
Code
chapter
which
applies
to
the
registrant.
Currently,
the
23
board
of
pharmacy
may
take
action
against
a
registrant
when
24
the
registrant
has
furnished
false
or
fraudulent
material
25
information
in
any
application
under
only
Code
chapter
124
26
(controlled
substances).
27
The
bill
provides
that
the
board
of
pharmacy
may
limit
the
28
restriction
of
a
registrant’s
registration
or
discipline
of
a
29
registrant
to
a
particular
controlled
substance
when
grounds
30
exist
for
such
restriction
or
discipline.
Currently,
the
31
board
of
pharmacy
may
impose
such
limits
only
when
revoking
or
32
suspending
a
registrant’s
registration.
33
Under
the
bill,
if
the
board
of
pharmacy
restricts
a
34
registrant’s
registration
or
disciplines
a
registrant,
all
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controlled
substances
owned
or
possessed
by
the
registrant
at
1
the
time
of
the
restriction
or
at
the
time
of
the
effective
2
date
of
the
order
may
be
place
under
seal.
Currently,
if
3
the
board
of
pharmacy
suspends
or
revokes
a
registrant’s
4
registration,
all
controlled
substances
owned
or
possessed
by
5
the
registrant
at
the
time
of
the
suspension
or
revocation
or
6
at
the
time
of
the
effective
date
of
the
order
may
be
placed
7
under
seal.
8
The
bill
requires
the
board
of
pharmacy
to
notify
the
9
federal
bureau
of
narcotics
and
dangerous
drugs,
United
States
10
department
of
justice,
or
its
successor
agency,
of
all
orders
11
restricting
a
registrant’s
registration
or
disciplining
a
12
registrant.
Under
current
law,
the
board
shall
notify
the
13
federal
agency
when
suspending
or
revoking
the
registration
14
of
a
registrant
including
all
forfeitures
of
controlled
15
substances.
16
If
the
board
of
pharmacy
decides
to
suspend,
restrict,
or
17
revoke
a
registrant’s
registration
or
discipline
a
registrant,
18
the
bill
requires
the
board
to
serve
upon
the
registrant
a
19
notice
in
accordance
with
Code
section
17A.12.
Currently,
the
20
board
of
pharmacy
institutes
such
proceedings
by
serving
an
21
order
to
show
cause
why
the
registrant
should
not
be
denied,
22
revoked,
or
suspended,
or
why
the
registration
should
not
be
23
refused.
24
The
bill
permits
the
board
of
pharmacy
to
suspend
a
25
registrant’s
registration
while
simultaneously
pursuing
an
26
emergency
adjudicative
proceeding
in
accordance
with
Code
27
section
17A.18A,
if
the
board
finds
there
is
an
immediate
28
danger
to
the
public
health,
safety,
or
welfare.
Currently,
29
the
board
of
pharmacy
may
suspend
a
registrant’s
registration
30
without
an
order
to
show
cause,
if
the
board
finds
there
is
an
31
imminent
danger
to
the
public
health
or
safety.
32
DIVISION
II.
The
bill
classifies
nine
substances
as
33
schedule
I
controlled
substances
and
one
substance
as
a
34
schedule
II
controlled
substance
in
conformance
with
scheduling
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actions
taken
by
the
United
States
department
of
justice,
drug
1
enforcement
administration.
2
For
the
nine
schedule
I
controlled
substances
added
in
Code
3
section
124.204(9)
under
the
bill,
the
penalties
under
Code
4
section
124.401(1)(a),(b),
and
(c)
range,
depending
upon
the
5
amount
of
the
controlled
substance
involved,
from
a
class
“B”
6
felony
punishable
by
confinement
for
not
more
than
50
years
7
and
a
fine
of
not
more
than
$1
million,
to
a
class
“C”
felony
8
punishable
by
confinement
of
not
more
than
10
years
and
a
fine
9
of
at
least
$1,000
and
not
more
than
$50,000.
If
a
person
10
unlawfully
possesses
any
such
controlled
substance
in
violation
11
of
Code
section
124.401(5),
the
person
commits
a
serious
12
misdemeanor
for
a
first
offense.
A
serious
misdemeanor
is
13
punishable
by
confinement
for
no
more
than
one
year
and
a
fine
14
of
at
least
$315
but
not
more
than
$1,875.
15
For
the
schedule
II
controlled
substance
added
under
Code
16
section
124.206,
it
is
a
class
“C”
felony
pursuant
to
Code
17
section
124.401(1)(c)(9)
for
any
unauthorized
person
to
violate
18
a
provision
of
Code
section
124.401(1)
involving
a
schedule
II
19
controlled
substance.
A
class
“C”
felony
for
this
particular
20
offense
is
punishable
by
confinement
for
no
more
than
10
years
21
and
a
fine
of
at
least
$1,000
but
not
more
than
$50,000.
If
a
22
person
unlawfully
possesses
a
schedule
II
controlled
substance
23
in
violation
of
Code
section
124.401(5),
the
person
commits
a
24
serious
misdemeanor
for
a
first
offense.
A
serious
misdemeanor
25
is
punishable
by
confinement
for
no
more
than
one
year
and
a
26
fine
of
at
least
$315
but
not
more
than
$1,875.
27
The
bill
also
classifies
a
substance
as
a
precursor
28
substance
for
purposes
of
certain
reporting
requirements.
A
29
“precursor
substance”
is
defined
in
Code
section
124B.1
to
30
mean
a
substance
which
may
be
used
as
a
precursor
in
the
31
illegal
production
of
a
controlled
substance.
A
person
who
32
sells,
transfers,
or
otherwise
furnishes
a
precursor
substance
33
with
knowledge
or
the
intent
that
the
recipient
will
use
the
34
precursor
substance
to
unlawfully
manufacture
a
controlled
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substance
commits
a
class
“C”
felony
under
Code
section
1
124B.9(1).
A
person
who
receives
a
precursor
substance
with
2
the
intent
that
the
substance
be
used
unlawfully
to
manufacture
3
a
controlled
substance
commits
a
class
“C”
felony
under
4
Code
section
124B.9(2).
A
class
“C”
felony
is
punishable
by
5
confinement
for
no
more
than
10
years
and
a
fine
of
at
least
6
$1,000
but
not
more
than
$10,000.
7
This
division
takes
effect
upon
enactment.
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