HOUSE BILL NO. 613

View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating text to be removed.

Bill Status



H0613aa...............................................by HEALTH AND WELFARE
PHARMACY - Amends existing law relating to the Board of Pharmacy to provide
a common drug name.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Health/Wel
02/21    Rpt out - to Gen Ord
02/28    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/06    3rd rdg as amen - PASSED - 62-0-8
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins,
      Crow, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake,
      LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
      Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring,
      Ringo, Roberts, Rusche, Rydalch, Sali, Shepherd(2), Shepherd(8),
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Black, Boe, Clark, Deal, Moyle, Sayler,
      Schaefer
    Floor Sponsor - Loertscher
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Health/Wel
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Werk
    Title apvd - to House
03/17    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/24    Governor signed
         Session Law Chapter 203
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 613
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF PHARMACY; AMENDING SECTION 37-2709,  IDAHO  CODE,  TO
  3        PROVIDE FOR A COMMON DRUG NAME AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 37-2709, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        37-2709.  SCHEDULE III. (a) Schedule III shall consist of  the  drugs  and
  8    other  substances,  by  whatever official name, common or usual name, chemical
  9    name, or brand name designated, listed in this section.
 10        (b)  Stimulants. Unless specifically excepted or unless listed in  another
 11    schedule,  any  material, compound, mixture, or preparation which contains any
 12    quantity of the following substances having a stimulant effect on the  central
 13    nervous  system, including its salts, isomers, (whether optical or geometric),
 14    and salts of such isomers whenever the existence of such salts,  isomers,  and
 15    salts of isomers is possible within the specific chemical designation:
 16        (1)  Those  compounds,  mixtures, or preparations in dosage unit form con-
 17        taining any stimulant substances listed in schedule  II  which  compounds,
 18        mixtures, or preparations were listed on August 25, 1971, as excepted com-
 19        pounds  under  C.F.R.  Sec. 308.32, and any other drug of the quantitative
 20        composition shown in that list for those drugs or which is the same except
 21        that it contains a lesser quantity of controlled substances.
 22        (2)  Benzphetamine;
 23        (3)  Chlorphentermine;
 24        (4)  Clortermine;
 25        (5)  Phendimetrazine.
 26        (c)  Depressants. Unless listed in another schedule,  any  material,  com-
 27    pound,  mixture,  or  preparation which contains any quantity of the following
 28    substances having a potential for abuse associated with a depressant effect on
 29    the central nervous system:
 30        (1)  Any compound, mixture or preparation containing:
 31             i.   Amobarbital;
 32             ii.  Secobarbital;
 33             iii. Pentobarbital or any salt thereof and  one  (1)  or  more  other
 34             active medicinal ingredients which are not listed in any schedule.
 35        (2)  Any suppository dosage form containing:
 36             i.   Amobarbital;
 37             ii.  Secobarbital;
 38             iii. Pentobarbital  or any salt of any of these drugs and approved by
 39             the Food and Drug Administration for marketing only as a suppository.
 40        (3)  Any  substance  which  contains  any  quantity  of  a  derivative  of
 41        barbituric acid or any salt thereof;
 42        (4)  Chlorhexadol;
 43        (5)  Any drug product containing gamma hydroxybutyric acid, including  its
                                                                        
                                           2
                                                                        
  1        salts, isomers, and salts of isomers, for which an application is approved
  2        under section 505 of the federal food, drug, and cosmetic act;
  3        (6)  Ketamine, its salts, isomers, and salts of isomers -
  4         7285. (Some other names for ketamine: (+/-)-2-(2-        chlorophenyl)-2-
  5        (methylamino)-cyclohexanone).
  6        (7)  Lysergic acid;
  7        (8)  Lysergic acid amide;
  8        (9)  Methyprylon;
  9        (10) Sulfondiethylmethane;
 10        (11) Sulfonethylmethane;
 11        (12) Sulfonmethane;
 12        (13) Tiletamine and zolazepam or any salt thereof.
 13        (d)  Nalorphine.
 14        (e)  Narcotic drugs.
 15        (1)  Unless  specifically  excepted  or unless listed in another schedule,
 16        any material, compound, mixture, or preparation containing limited quanti-
 17        ties of any of the following narcotic drugs, or any salts thereof:
 18             (i)    Not more than 1.8 grams of codeine, or any of its  salts,  per
 19             100  milliliters or not more than 90 milligrams per dosage unit, with
 20             an equal or greater quantity of an isoquinoline alkaloid of opium;
 21             (ii)   Not more than 1.8 grams of codeine, or any of its  salts,  per
 22             100  milliliters or not more than 90 milligrams per dosage unit, with
 23             one (1) or more active, nonnarcotic ingredients in recognized  thera-
 24             peutic amounts;
 25             (iii)  Not  more  than  300  milligrams of dihydrocodeinone, commonly
 26             known as hydrocodone, or any of its salts, per 100 milliliters or not
 27             more than 15 milligrams per dosage unit, with a fourfold  or  greater
 28             quantity of an isoquinoline alkaloid of opium;
 29             (iv)   Not  more  than  300  milligrams of dihydrocodeinone, commonly
 30             known as hydrocodone, or any of its salts, per 100 milliliters or not
 31             more than 15 milligrams per dosage unit, with one (1) or more active,
 32             nonnarcotic ingredients in recognized therapeutic amounts;
 33             (v)    Not more than 1.8 grams of dihydrocodeine, commonly  known  as
 34             hydrocodone,  or  any  of  its salts, per 100 milliliters or not more
 35             than 90 milligrams per dosage unit, with  one  (1)  or  more  active,
 36             nonnarcotic ingredients in recognized therapeutic amounts;
 37             (vi)   Not  more  than 300 milligrams of ethylmorphine, or any of its
 38             salts, per 100 milliliters or not more than 15 milligrams per  dosage
 39             unit,  with  one  (1)  or  more ingredients in recognized therapeutic
 40             amounts;
 41             (vii)  Not more than 500 milligrams of opium per 100  milliliters  or
 42             per  100  grams, or not more than 25 milligrams per dosage unit, with
 43             one (1) or more active, nonnarcotic ingredients in recognized  thera-
 44             peutic amounts;
 45             (viii) Not  more than 50 milligrams of morphine, or any of its salts,
 46             per 100 milliliters or per 100 grams with one  (1)  or  more  active,
 47             nonnarcotic ingredients in recognized therapeutic amounts.
 48        (2)  Any material, compound, mixture, or preparation containing any of the
 49        following narcotic drugs or their salts, as set forth below:
 50             (i)   Buprenorphine.
 51             (ii)  [Reserved].
 52        (f)  Anabolic  steroids  and  human  growth hormones. Any drug or hormonal
 53    substance, chemically and pharmacologically  related  to  testosterone  (other
 54    than  estrogens,   progestins and corticosteroids) that promotes muscle growth
 55    including any salt, ester or isomer of a drug  or  substance  listed  in  this
                                                                        
                                           3
                                                                        
  1    paragraph, if that salt, ester or isomer promotes muscle growth.
  2        (1)  Boldenone;
  3        (2)  Chlorotestosterone (4-chlortestosterone4-chlorotestosterone);
  4        (3)  Chorionic gonadotropin;
  5        (4)  Clostebol;
  6        (5)  Dehydrochlormethyltestosterone;
  7        (6)  Dihydrotestosterone (4-dihydrotestosterone);
  8        (7)  Drostanolone;
  9        (8)  Ethylestrenol;
 10        (9)  Fluoxymesterone;
 11        (10) Formebulone;
 12        (11) Human growth hormones;
 13        (12) Mesterolone;
 14        (13) Methandienone;
 15        (14) Methandranone;
 16        (15) Methandriol;
 17        (16) Methandrostenolone;
 18        (17) Methenolone;
 19        (18) Methyltestosterone;
 20        (19) Mibolerone;
 21        (20) Nandrolone;
 22        (21) Norethandrolone;
 23        (22) Oxandrolone;
 24        (23) Oxymesterone;
 25        (24) Oxymetholone;
 26        (25) Stanolone;
 27        (26) Stanozolol;
 28        (27) Testolactone;
 29        (28) Testosterone;
 30        (29) Testosterone cypionate;
 31        (30) Testosterone enanthate;
 32        (31) Testosterone propionate;
 33        (32) Trenbolone.
 34        Anabolic  steroids  that are expressly intended for administration through
 35    implants to cattle or other nonhuman species, and that  are  approved  by  the
 36    federal  Food and Drug Administration for such use, shall not be classified as
 37    controlled substances under this act and shall not be governed by  its  provi-
 38    sions.
 39        In  addition to the penalties prescribed in article IV of the uniform con-
 40    trolled substances act, any person shall be guilty of a felony who prescribes,
 41    dispenses, supplies, sells,  delivers,  manufactures  or  possesses  with  the
 42    intent  to  prescribe, dispense, supply, sell, deliver or manufacture anabolic
 43    steroids or any other human growth hormone for purposes of  enhancing  perfor-
 44    mance  in  an  exercise,  sport  or  game or hormonal manipulation intended to
 45    increase muscle mass, strength or weight without a medical necessity as deter-
 46    mined by a physician.
 47        (g) Hallucinogenic substances.
 48        (1)  Dronabinol (synthetic) in sesame oil and encapsulated in a soft gela-
 49        tin capsule in the federal Food and Drug Administration approved product -
 50        7369.    (Some     other     names     for     dronabinol:     (6aR-trans)
 51        -6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-ol
 52        or (-)-delta-9-(trans)-tetrahydrocannabinol).
 53        (h)  Other  substances.  Unless specifically excepted, or unless listed in
 54    another schedule, any material, compound, mixture, or preparation  which  con-
 55    tains any quantity of the following substance, including its salts:
                                                                        
                                           4
                                                                        
  1        (1)  Butorphanol.
  2        (i)  The  board  may  except by rule any compound, mixture, or preparation
  3    containing any stimulant or depressant substance listed in subsections (b) and
  4    (c) of this section from the application of all or any part of this act if the
  5    compound, mixture, or preparation contains one (1) or  more  active  medicinal
  6    ingredients not having a stimulant or depressant effect on the central nervous
  7    system,  and if the admixtures are included therein in combinations, quantity,
  8    proportion, or concentration that vitiate the potential for abuse of the  sub-
  9    stances  which  have  a  stimulant or depressant effect on the central nervous
 10    system.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Loertscher          
                                                                        
                                                     Seconded by Rusche              
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 613
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, in line 33, delete "commonly known as"; and
  3    in line 34, delete "hydrocodone,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 613, As Amended
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF PHARMACY; AMENDING SECTION 37-2709,  IDAHO  CODE,  TO
  3        PROVIDE FOR A COMMON DRUG NAME AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 37-2709, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        37-2709.  SCHEDULE III. (a) Schedule III shall consist of  the  drugs  and
  8    other  substances,  by  whatever official name, common or usual name, chemical
  9    name, or brand name designated, listed in this section.
 10        (b)  Stimulants. Unless specifically excepted or unless listed in  another
 11    schedule,  any  material, compound, mixture, or preparation which contains any
 12    quantity of the following substances having a stimulant effect on the  central
 13    nervous  system, including its salts, isomers, (whether optical or geometric),
 14    and salts of such isomers whenever the existence of such salts,  isomers,  and
 15    salts of isomers is possible within the specific chemical designation:
 16        (1)  Those  compounds,  mixtures, or preparations in dosage unit form con-
 17        taining any stimulant substances listed in schedule  II  which  compounds,
 18        mixtures, or preparations were listed on August 25, 1971, as excepted com-
 19        pounds  under  C.F.R.  Sec. 308.32, and any other drug of the quantitative
 20        composition shown in that list for those drugs or which is the same except
 21        that it contains a lesser quantity of controlled substances.
 22        (2)  Benzphetamine;
 23        (3)  Chlorphentermine;
 24        (4)  Clortermine;
 25        (5)  Phendimetrazine.
 26        (c)  Depressants. Unless listed in another schedule,  any  material,  com-
 27    pound,  mixture,  or  preparation which contains any quantity of the following
 28    substances having a potential for abuse associated with a depressant effect on
 29    the central nervous system:
 30        (1)  Any compound, mixture or preparation containing:
 31             i.   Amobarbital;
 32             ii.  Secobarbital;
 33             iii. Pentobarbital or any salt thereof and  one  (1)  or  more  other
 34             active medicinal ingredients which are not listed in any schedule.
 35        (2)  Any suppository dosage form containing:
 36             i.   Amobarbital;
 37             ii.  Secobarbital;
 38             iii. Pentobarbital  or any salt of any of these drugs and approved by
 39             the Food and Drug Administration for marketing only as a suppository.
 40        (3)  Any  substance  which  contains  any  quantity  of  a  derivative  of
 41        barbituric acid or any salt thereof;
 42        (4)  Chlorhexadol;
 43        (5)  Any drug product containing gamma hydroxybutyric acid, including  its
                                                                        
                                           2
                                                                        
  1        salts, isomers, and salts of isomers, for which an application is approved
  2        under section 505 of the federal food, drug, and cosmetic act;
  3        (6)  Ketamine, its salts, isomers, and salts of isomers -
  4         7285. (Some other names for ketamine: (+/-)-2-(2-        chlorophenyl)-2-
  5        (methylamino)-cyclohexanone).
  6        (7)  Lysergic acid;
  7        (8)  Lysergic acid amide;
  8        (9)  Methyprylon;
  9        (10) Sulfondiethylmethane;
 10        (11) Sulfonethylmethane;
 11        (12) Sulfonmethane;
 12        (13) Tiletamine and zolazepam or any salt thereof.
 13        (d)  Nalorphine.
 14        (e)  Narcotic drugs.
 15        (1)  Unless  specifically  excepted  or unless listed in another schedule,
 16        any material, compound, mixture, or preparation containing limited quanti-
 17        ties of any of the following narcotic drugs, or any salts thereof:
 18             (i)    Not more than 1.8 grams of codeine, or any of its  salts,  per
 19             100  milliliters or not more than 90 milligrams per dosage unit, with
 20             an equal or greater quantity of an isoquinoline alkaloid of opium;
 21             (ii)   Not more than 1.8 grams of codeine, or any of its  salts,  per
 22             100  milliliters or not more than 90 milligrams per dosage unit, with
 23             one (1) or more active, nonnarcotic ingredients in recognized  thera-
 24             peutic amounts;
 25             (iii)  Not  more  than  300  milligrams of dihydrocodeinone, commonly
 26             known as hydrocodone, or any of its salts, per 100 milliliters or not
 27             more than 15 milligrams per dosage unit, with a fourfold  or  greater
 28             quantity of an isoquinoline alkaloid of opium;
 29             (iv)   Not  more  than  300  milligrams of dihydrocodeinone, commonly
 30             known as hydrocodone, or any of its salts, per 100 milliliters or not
 31             more than 15 milligrams per dosage unit, with one (1) or more active,
 32             nonnarcotic ingredients in recognized therapeutic amounts;
 33             (v)    Not more than 1.8 grams of  dihydrocodeine,   or  any  of  its
 34             salts,  per 100 milliliters or not more than 90 milligrams per dosage
 35             unit, with one (1) or more active, nonnarcotic ingredients in  recog-
 36             nized therapeutic amounts;
 37             (vi)   Not  more  than 300 milligrams of ethylmorphine, or any of its
 38             salts, per 100 milliliters or not more than 15 milligrams per  dosage
 39             unit,  with  one  (1)  or  more ingredients in recognized therapeutic
 40             amounts;
 41             (vii)  Not more than 500 milligrams of opium per 100  milliliters  or
 42             per  100  grams, or not more than 25 milligrams per dosage unit, with
 43             one (1) or more active, nonnarcotic ingredients in recognized  thera-
 44             peutic amounts;
 45             (viii) Not  more than 50 milligrams of morphine, or any of its salts,
 46             per 100 milliliters or per 100 grams with one  (1)  or  more  active,
 47             nonnarcotic ingredients in recognized therapeutic amounts.
 48        (2)  Any material, compound, mixture, or preparation containing any of the
 49        following narcotic drugs or their salts, as set forth below:
 50             (i)   Buprenorphine.
 51             (ii)  [Reserved].
 52        (f)  Anabolic  steroids  and  human  growth hormones. Any drug or hormonal
 53    substance, chemically and pharmacologically  related  to  testosterone  (other
 54    than  estrogens,   progestins and corticosteroids) that promotes muscle growth
 55    including any salt, ester or isomer of a drug  or  substance  listed  in  this
                                                                        
                                           3
                                                                        
  1    paragraph, if that salt, ester or isomer promotes muscle growth.
  2        (1)  Boldenone;
  3        (2)  Chlorotestosterone (4-chlortestosterone4-chlorotestosterone);
  4        (3)  Chorionic gonadotropin;
  5        (4)  Clostebol;
  6        (5)  Dehydrochlormethyltestosterone;
  7        (6)  Dihydrotestosterone (4-dihydrotestosterone);
  8        (7)  Drostanolone;
  9        (8)  Ethylestrenol;
 10        (9)  Fluoxymesterone;
 11        (10) Formebulone;
 12        (11) Human growth hormones;
 13        (12) Mesterolone;
 14        (13) Methandienone;
 15        (14) Methandranone;
 16        (15) Methandriol;
 17        (16) Methandrostenolone;
 18        (17) Methenolone;
 19        (18) Methyltestosterone;
 20        (19) Mibolerone;
 21        (20) Nandrolone;
 22        (21) Norethandrolone;
 23        (22) Oxandrolone;
 24        (23) Oxymesterone;
 25        (24) Oxymetholone;
 26        (25) Stanolone;
 27        (26) Stanozolol;
 28        (27) Testolactone;
 29        (28) Testosterone;
 30        (29) Testosterone cypionate;
 31        (30) Testosterone enanthate;
 32        (31) Testosterone propionate;
 33        (32) Trenbolone.
 34        Anabolic  steroids  that are expressly intended for administration through
 35    implants to cattle or other nonhuman species, and that  are  approved  by  the
 36    federal  Food and Drug Administration for such use, shall not be classified as
 37    controlled substances under this act and shall not be governed by  its  provi-
 38    sions.
 39        In  addition to the penalties prescribed in article IV of the uniform con-
 40    trolled substances act, any person shall be guilty of a felony who prescribes,
 41    dispenses, supplies, sells,  delivers,  manufactures  or  possesses  with  the
 42    intent  to  prescribe, dispense, supply, sell, deliver or manufacture anabolic
 43    steroids or any other human growth hormone for purposes of  enhancing  perfor-
 44    mance  in  an  exercise,  sport  or  game or hormonal manipulation intended to
 45    increase muscle mass, strength or weight without a medical necessity as deter-
 46    mined by a physician.
 47        (g) Hallucinogenic substances.
 48        (1)  Dronabinol (synthetic) in sesame oil and encapsulated in a soft gela-
 49        tin capsule in the federal Food and Drug Administration approved product -
 50        7369.    (Some     other     names     for     dronabinol:     (6aR-trans)
 51        -6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-ol
 52        or (-)-delta-9-(trans)-tetrahydrocannabinol).
 53        (h)  Other  substances.  Unless specifically excepted, or unless listed in
 54    another schedule, any material, compound, mixture, or preparation  which  con-
 55    tains any quantity of the following substance, including its salts:
                                                                        
                                           4
                                                                        
  1        (1)  Butorphanol.
  2        (i)  The  board  may  except by rule any compound, mixture, or preparation
  3    containing any stimulant or depressant substance listed in subsections (b) and
  4    (c) of this section from the application of all or any part of this act if the
  5    compound, mixture, or preparation contains one (1) or  more  active  medicinal
  6    ingredients not having a stimulant or depressant effect on the central nervous
  7    system,  and if the admixtures are included therein in combinations, quantity,
  8    proportion, or concentration that vitiate the potential for abuse of the  sub-
  9    stances  which  have  a  stimulant or depressant effect on the central nervous
 10    system.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15960

This legislation adds the common name of several controlled
substances to Idaho code.  This brings the verbiage into
agreement with federal regulation and will lessen confusion of
those using the Idaho language.  



                         FISCAL IMPACT

There is no Fiscal Impact.
 


                               
CONTACT
Name:     Mick Markuson, Board of Pharmacy 
Phone:    334-2356


STATEMENT OF PURPOSE/FISCAL NOTE                         H 613