Considerations of board in determinations on substances;
controlled substances advisory committee; exclusion of a
nonnarcotic substance from schedule
Sec. 1. (a) The board shall administer this article and may
recommend to the general assembly the addition, deletion, or
rescheduling of all substances listed in the schedules in sections 4,
6, 8, 10, and 12 of this chapter by submitting in an electronic format
under IC 5-14-6 a report of such recommendations to the legislative
council. In making a determination regarding a substance, the board
shall consider the following:
(1) The actual or relative potential for abuse.
(2) The scientific evidence of its pharmacological effect, if
known.
(3) The state of current scientific knowledge regarding the
substance.
(4) The history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) The risk to public health.
(7) The potential of the substance to produce psychic or
physiological dependence liability.
(8) Whether the substance is an immediate precursor of a
substance already controlled under this article.
(b) After considering the factors enumerated in subsection (a), the
board shall make findings and recommendations concerning the
control of the substance if it finds the substance has a potential for
abuse.
(c) If the board finds that a substance is an immediate precursor,
substances which are precursors of the controlled precursor shall not
be subject to control solely because they are precursors of the
controlled precursor.
(d) If any substance is designated or rescheduled to a more
restrictive schedule as a controlled substance under federal law and
notice is given to the board, the board shall recommend similar
control of the substance under this article in the board's report to the
general assembly, unless the board objects to inclusion or
rescheduling. In that case, the board shall publish the reasons for
objection and afford all interested parties an opportunity to be heard.
At the conclusion of the hearing, the board shall publish its findings.
(e) If a substance is rescheduled to a less restrictive schedule or
deleted as a controlled substance under federal law, the substance is
rescheduled or deleted under this article. If the board objects to
inclusion, rescheduling, or deletion of the substance, the board shall
notify the chairman of the legislative council not more than thirty
(30) days after the federal law is changed and the substance may not
be rescheduled or deleted until the conclusion of the next complete
session of the general assembly. The notice from the board to the
chairman of the legislative council must be published.
(f) There is established a sixteen (16) member controlled
substances advisory committee to serve as a consultative and
advising body to the board in all matters relating to the classification,
reclassification, addition to, or deletion from of all substances
classified as controlled substances in schedules I to IV or substances
not controlled or yet to come into being. In addition, the advisory
committee shall conduct hearings and make recommendations to the
board regarding revocations, suspensions, and restrictions of
registrations as provided in IC 35-48-3-4. All hearings shall be
conducted in accordance with IC 4-21.5-3. The advisory committee
shall be made up of:
(1) two (2) physicians licensed under IC 25-22.5, one (1) to be
elected by the medical licensing board of Indiana from among
its members and one (1) to be appointed by the governor;
(2) two (2) pharmacists, one (1) to be elected by the state board
of pharmacy from among its members and one (1) to be
appointed by the governor;
(3) two (2) dentists, one (1) to be elected by the state board of
dentistry from among its members and one (1) to be appointed
by the governor;
(4) the state toxicologist or the designee of the state
toxicologist;
(5) two (2) veterinarians, one (1) to be elected by the state
board of veterinary medical examiners from among its members
and one (1) to be appointed by the governor;
(6) one (1) podiatrist to be elected by the board of podiatric
medicine from among its members;
(7) one (1) advanced practice nurse with authority to prescribe
legend drugs as provided by IC 25-23-1-19.5 who is:
(A) elected by the state board of nursing from among the
board's members; or
(B) if a board member does not meet the requirements under
IC 25-23-1-19.5 at the time of the vacancy on the advisory
committee, appointed by the governor;
(8) the superintendent of the state police department or the
superintendent's designee;
(9) three (3) members appointed by the governor who have
demonstrated expertise concerning controlled substances; and
(10) one (1) member appointed by the governor who is a
psychiatrist with expertise in child and adolescent psychiatry.
(g) All members of the advisory committee elected by a board
shall serve a term of one (1) year and all members of the advisory
committee appointed by the governor shall serve a term of four (4)
years. Any elected or appointed member of the advisory committee,
may be removed for cause by the authority electing or appointing the
member. If a vacancy occurs on the advisory committee, the
authority electing or appointing the vacating member shall elect or
appoint a successor to serve the unexpired term of the vacating
member. The board shall acquire the recommendations of the
advisory committee pursuant to administration over the controlled
substances to be or not to be included in schedules I to V, especially
in the implementation of scheduled substances changes as provided
in subsection (d).
(h) Authority to control under this section does not extend to
distilled spirits, wine, or malt beverages, as those terms are defined
or used in IC 7.1, or to tobacco.
(i) The board shall exclude any nonnarcotic substance from a
schedule if that substance may, under the Federal Food, Drug, and
Cosmetic Act or state law, be sold over the counter without a
prescription.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977,
P.L.344, SEC.1; P.L.137-1985, SEC.17; P.L.200-1987, SEC.4;
P.L.188-1989, SEC.4; P.L.33-1993, SEC.73; P.L.163-1994, SEC.2;
P.L.177-1997, SEC.8; P.L.14-2000, SEC.77; P.L.107-2002, SEC.31;
P.L.28-2004, SEC.178.
Last modified: May 24, 2006