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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
]]]] 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.
]]]] 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,".
]]]] 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
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