Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 449 (2019GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/21/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reschedules Tramadol from Schedule V to Schedule IV; and
• creates a reporting requirement for certain noncontrolled substances.

Every vote on this bill

Bill text

CONTROLLED SUBSTANCES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Allen M. Christensen
LONG TITLE
General Description:
This bill amends the Controlled Substances Act and the Controlled Substance Database
Act.
Highlighted Provisions:
This bill:
▸ reschedules Tramadol from Schedule V to Schedule IV; and
▸ creates a reporting requirement for certain noncontrolled substances.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
58-37-4
, as last amended by Laws of Utah 2018, Chapter 146
58-37f-203
 (Superseded 07/01/19)
, as last amended by Laws of Utah 2018, Chapters
123 and 452
58-37f-203
 (Effective 07/01/19)
, as last amended by Laws of Utah 2018, Third Special
Session, Chapter 1
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-37-4
 is amended to read:
58-37-4.
Schedules of controlled substances -- Schedules I through V -- Findings
required -- Specific substances included in schedules.
(1) There are established five schedules of controlled substances known as Schedules I,
II, III, IV, and V which consist of substances listed in this section.
(2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by
the official name, common or usual name, chemical name, or brand name designated:
(a) Schedule I:
(i) Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
chemical designation:
(A) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(B) Acetyl fentanyl: (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
(C) Acetylmethadol;
(D) Acryl fentanyl (N-(1-Phenethylpiperidin-4-yl)-N-phenylacrylamide);
(E) Allylprodine;
(F) Alphacetylmethadol, except levo-alphacetylmethadol also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(G) Alphameprodine;
(H) Alphamethadol;
(I) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(J) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(K) Benzylpiperazine;
(L) Benzethidine;
(M) Betacetylmethadol;
(N) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide);
(O) Beta-hydroxy-3-methylfentanyl, other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(P) Betameprodine;
(Q) Betamethadol;
(R) Betaprodine;
(S) Butyryl fentanyl (N-(1-(2-phenylethyl)-4-piperidinyl)-N-phenylbutyramide);
(T) Clonitazene;
(U) Cyclopropyl fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
(V) Dextromoramide;
(W) Diampromide;
(X) Diethylthiambutene;
(Y) Difenoxin;
(Z) Dimenoxadol;
(AA) Dimepheptanol;
(BB) Dimethylthiambutene;
(CC) Dioxaphetyl butyrate;
(DD) Dipipanone;
(EE) Ethylmethylthiambutene;
(FF) Etizolam 
(1-Methyl-6-o-chlorophenyl-8-ethyl-4H-s-triazolo[3,4-c]thieno[2,3-e]1,4-diazepine);
(GG) Etonitazene;
(HH) Etoxeridine;
(II) Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]
furan-2-carboxamide);
(JJ) Furethidine;
(KK) Hydroxypethidine;
(LL) Ketobemidone;
(MM) Levomoramide;
(NN) Levophenacylmorphan;
(OO) Methoxyacetyl fentanyl
(2-Methoxy-N-(1-phenylethylpiperidinyl-4-yl)-N-acetamide);
(PP) Morpheridine;
(QQ) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(RR) Noracymethadol;
(SS) Norlevorphanol;
(TT) Normethadone;
(UU) Norpipanone;
(VV) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]
propanamide);
(WW) Para-fluoroisobutyryl fentanyl
(N-(4-Fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);
(XX) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(YY) Phenadoxone;
(ZZ) Phenampromide;
(AAA) Phenomorphan;
(BBB) Phenoperidine;
(CCC) Piritramide;
(DDD) Proheptazine;
(EEE) Properidine;
(FFF) Propiram;
(GGG) Racemoramide;
(HHH) Tetrahydrofuran fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide);
(III) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
(JJJ) Tilidine;
(KKK) Trimeperidine;
(LLL) 3-methylfentanyl, including the optical and geometric isomers
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide);
(MMM) 3-methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(NNN) 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide also
known as U-47700; and
(OOO) 4-cyano CUMYL-BUTINACA.
(ii) Unless specifically excepted or unless listed in another schedule, any of the
following opium derivatives, their salts, isomers, and salts of isomers when the existence of the
salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Acetorphine;
(B) Acetyldihydrocodeine;
(C) Benzylmorphine;
(D) Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G) Desomorphine;
(H) Dihydromorphine;
(I) Drotebanol;
(J) Etorphine (except hydrochloride salt);
(K) Heroin;
(L) Hydromorphinol;
(M) Methyldesorphine;
(N) Methylhydromorphine;
(O) Morphine methylbromide;
(P) Morphine methylsulfonate;
(Q) Morphine-N-Oxide;
(R) Myrophine;
(S) Nicocodeine;
(T) Nicomorphine;
(U) Normorphine;
(V) Pholcodine; and
(W) Thebacon.
(iii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following hallucinogenic
substances, or which contains any of their salts, isomers, and salts of isomers when the
existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation; as used in this Subsection (2)(a)(iii) only, "isomer" includes the optical, position,
and geometric isomers:
(A) Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
α-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; and AET;
(B) 4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
4-bromo-2,5-dimethoxy-α-methylphenethylamine; 4-bromo-2,5-DMA;
(C) 4-bromo-2,5-dimethoxyphenethylamine, some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus;
(D) 2,5-dimethoxyamphetamine, some trade or other names:
2,5-dimethoxy-α-methylphenethylamine; 2,5-DMA;
(E) 2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
(F) 4-methoxyamphetamine, some trade or other names:
4-methoxy-α-methylphenethylamine; paramethoxyamphetamine, PMA;
(G) 5-methoxy-3,4-methylenedioxyamphetamine;
(H) 4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
4-methyl-2,5-dimethoxy-α-methylphenethylamine; "DOM"; and "STP";
(I) 3,4-methylenedioxy amphetamine;
(J) 3,4-methylenedioxymethamphetamine (MDMA);
(K) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(L) N-hydroxy-3,4-methylenedioxyamphetamine, also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
(M) 3,4,5-trimethoxy amphetamine;
(N) Bufotenine, some trade and other names:
3-(β-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,
N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(O) Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
(P) Dimethyltryptamine, some trade or other names: DMT;
(Q) Ibogaine, some trade and other names:
7-Ethyl-6,6β,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepino
[5,4-b] indole; Tabernanthe iboga;
(R) Lysergic acid diethylamide;
(S) Marijuana;
(T) Mescaline;
(U) Parahexyl, some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
(V) Peyote, meaning all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from
any part of such plant, and every compound, manufacture, salts, derivative, mixture, or
preparation of such plant, its seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12));
(W) N-ethyl-3-piperidyl benzilate;
(X) N-methyl-3-piperidyl benzilate;
(Y) Psilocybin;
(Z) Psilocyn;
(AA) 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 Cannabis, sp. and/or synthetic substances, derivatives,
and their isomers with similar chemical structure and pharmacological activity to those
substances contained in the plant, such as the following: Δ1 cis or trans tetrahydrocannabinol,
and their optical isomers Δ6 cis or trans tetrahydrocannabinol, and their optical isomers Δ3,4
cis or trans tetrahydrocannabinol, and its optical isomers, and since nomenclature of these
substances is not internationally standardized, compounds of these structures, regardless of
numerical designation of atomic positions covered;
(BB) Ethylamine analog of phencyclidine, some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
(CC) Pyrrolidine analog of phencyclidine, some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(DD) Thiophene analog of phencyclidine, some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP; and
(EE) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
(iv) Unless specifically excepted or unless listed in another schedule, any material
compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts, isomers, and salts
of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(A) Mecloqualone; and
(B) Methaqualone.
(v) Any material, compound, mixture, or preparation containing any quantity of the
following substances having a stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers:
(A) Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine;
(B) Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
(C) Fenethylline;
(D) Methcathinone, some other names: 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of
optical isomers;
(E) (±)cis-4-methylaminorex ((±)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(F) N-ethylamphetamine; and
(G) N,N-dimethylamphetamine, also known as
N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
(vi) Any material, compound, mixture, or preparation which contains any quantity of
the following substances, including their optical isomers, salts, and salts of isomers, subject to
temporary emergency scheduling:
(A) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
(B) N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
(vii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of gamma hydroxy butyrate
(gamma hydrobutyric acid), including its salts, isomers, and salts of isomers.
(b) Schedule II:
(i) Unless specifically excepted or unless listed in another schedule, any of the
following substances whether produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone,
and their respective salts, but including:
(I) Raw opium;
(II) Opium extracts;
(III) Opium fluid;
(IV) Powdered opium;
(V) Granulated opium;
(VI) Tincture of opium;
(VII) Codeine;
(VIII) Ethylmorphine;
(IX) Etorphine hydrochloride;
(X) Hydrocodone;
(XI) Hydromorphone;
(XII) Metopon;
(XIII) Morphine;
(XIV) Oxycodone;
(XV) Oxymorphone; and
(XVI) Thebaine;
(B) Any salt, compound, derivative, or preparation which is chemically equivalent or
identical with any of the substances referred to in Subsection (2)(b)(i)(A), except that these
substances may not include the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and
any salt, compound, derivative, or preparation which is chemically equivalent or identical with
any of these substances, and includes cocaine and ecgonine, their salts, isomers, derivatives,
and salts of isomers and derivatives, whether derived from the coca plant or synthetically
produced, except the substances may not include decocainized coca leaves or extraction of coca
leaves, which extractions do not contain cocaine or ecgonine; and
(E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.
(ii) Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific
chemical designation, except dextrorphan and levopropoxyphene:
(A) Alfentanil;
(B) Alphaprodine;
(C) Anileridine;
(D) Bezitramide;
(E) Bulk dextropropoxyphene (nondosage forms);
(F) Carfentanil;
(G) Dihydrocodeine;
(H) Diphenoxylate;
(I) Fentanyl;
(J) Isomethadone;
(K) Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol,
levomethadyl acetate, or LAAM;
(L) Levomethorphan;
(M) Levorphanol;
(N) Metazocine;
(O) Methadone;
(P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(Q) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
acid;
(R) Pethidine (meperidine);
(S) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(T) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(U) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(V) Phenazocine;
(W) Piminodine;
(X) Racemethorphan;
(Y) Racemorphan;
(Z) Remifentanil; and
(AA) Sufentanil.
(iii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system:
(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B) Methamphetamine, its salts, isomers, and salts of its isomers;
(C) Phenmetrazine and its salts; and
(D) Methylphenidate.
(iv) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts, isomers, and salts
of isomers when the existence of the salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(A) Amobarbital;
(B) Glutethimide;
(C) Pentobarbital;
(D) Phencyclidine;
(E) Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
1-piperidinocyclohexanecarbonitrile (PCC); and
(F) Secobarbital.
(v) (A) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of Phenylacetone.
(B) Some of these substances may be known by trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone.
(vi) Nabilone, another name for nabilone:
(±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
(c) Schedule III:
(i) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its salts, isomers whether
optical, position, or geometric, and salts of the isomers when the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical designation:
(A) Those compounds, mixtures, or preparations in dosage unit form containing any
stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were
listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the
Code of Federal Regulations, and any other drug of the quantitive composition shown in that
list for those drugs or which is the same except that it contains a lesser quantity of controlled
substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Clortermine; and
(E) Phendimetrazine.
(ii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system:
(A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients
which are not listed in any schedule;
(B) Any suppository dosage form containing amobarbital, secobarbital, or
pentobarbital, or any salt of any of these drugs which is approved by the Food and Drug
Administration for marketing only as a suppository;
(C) Any substance which contains any quantity of a derivative of barbituric acid or any
salt of any of them;
(D) Chlorhexadol;
(E) Buprenorphine;
(F) Any drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under the federal Food,
Drug, and Cosmetic Act, Section 505;
(G) Ketamine, its salts, isomers, and salts of isomers, some other names for ketamine:
± -2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(H) Lysergic acid;
(I) Lysergic acid amide;
(J) Methyprylon;
(K) Sulfondiethylmethane;
(L) Sulfonethylmethane;
(M) Sulfonmethane; and
(N) Tiletamine and zolazepam or any of their salts, some trade or other names for a
tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one,
flupyrazapon.
(iii) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a
U.S. Food and Drug Administration approved drug product, some other names for dronabinol:
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol.
(iv) Nalorphine.
(v) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited quantities of any of the following
narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid:
(A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of
opium;
(B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
therapeutic amounts;
(C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline
alkaloid of opium;
(D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
therapeutic amounts;
(F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not
more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts; and
(H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with
one or more active, non-narcotic ingredients in recognized therapeutic amounts.
(vi) Unless specifically excepted or unless listed in another schedule, anabolic steroids
including any of the following or any isomer, ester, salt, or derivative of the following that
promotes muscle growth:
(A) Boldenone;
(B) Chlorotestosterone (4-chlortestosterone);
(C) Clostebol;
(D) Dehydrochlormethyltestosterone;
(E) Dihydrotestosterone (4-dihydrotestosterone);
(F) Drostanolone;
(G) Ethylestrenol;
(H) Fluoxymesterone;
(I) Formebulone (formebolone);
(J) Mesterolone;
(K) Methandienone;
(L) Methandranone;
(M) Methandriol;
(N) Methandrostenolone;
(O) Methenolone;
(P) Methyltestosterone;
(Q) Mibolerone;
(R) Nandrolone;
(S) Norethandrolone;
(T) Oxandrolone;
(U) Oxymesterone;
(V) Oxymetholone;
(W) Stanolone;
(X) Stanozolol;
(Y) Testolactone;
(Z) Testosterone; and
(AA) Trenbolone.
(vii) Anabolic steroids expressly intended for administration through implants to cattle
or other nonhuman species, and approved by the Secretary of Health and Human Services for
use, may not be classified as a controlled substance.
(d) Schedule IV:
(i) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing not more than 1 milligram of difenoxin and not
less than 25 micrograms of atropine sulfate per dosage unit, or any salts of any of them.
(ii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances,
including its salts, isomers, and salts of isomers when the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(A) Alprazolam;
(B) Barbital;
(C) Bromazepam;
(D) Butorphanol;
(E) Camazepam;
(F) Carisoprodol;
(G) Chloral betaine;
(H) Chloral hydrate;
(I) Chlordiazepoxide;
(J) Clobazam;
(K) Clonazepam;
(L) Clorazepate;
(M) Clotiazepam;
(N) Cloxazolam;
(O) Delorazepam;
(P) Diazepam;
(Q) Dichloralphenazone;
(R) Estazolam;
(S) Ethchlorvynol;
(T) Ethinamate;
(U) Ethyl loflazepate;
(V) Fludiazepam;
(W) Flunitrazepam;
(X) Flurazepam;
(Y) Halazepam;
(Z) Haloxazolam;
(AA) Ketazolam;
(BB) Loprazolam;
(CC) Lorazepam;
(DD) Lormetazepam;
(EE) Mebutamate;
(FF) Medazepam;
(GG) Meprobamate;
(HH) Methohexital;
(II) Methylphenobarbital (mephobarbital);
(JJ) Midazolam;
(KK) Nimetazepam;
(LL) Nitrazepam;
(MM) Nordiazepam;
(NN) Oxazepam;
(OO) Oxazolam;
(PP) Paraldehyde;
(QQ) Pentazocine;
(RR) Petrichloral;
(SS) Phenobarbital;
(TT) Pinazepam;
(UU) Prazepam;
(VV) Quazepam;
(WW) Temazepam;
(XX) Tetrazepam;
(YY) Tramadol;
[
(YY)
] 
(ZZ)
 Triazolam;
[
(ZZ)
] 
(AAA)
 Zaleplon; and
[
(AAA)
] 
(BBB)
 Zolpidem.
(iii) Any material, compound, mixture, or preparation of fenfluramine which contains
any quantity of the following substances, including its salts, isomers whether optical, position,
or geometric, and salts of the isomers when the existence of the salts, isomers, and salts of
isomers is possible.
(iv) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its salts, isomers whether
optical, position, or geometric isomers, and salts of the isomers when the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical designation:
(A) Cathine ((+)-norpseudoephedrine);
(B) Diethylpropion;
(C) Fencamfamine;
(D) Fenproprex;
(E) Mazindol;
(F) Mefenorex;
(G) Modafinil;
(H) Pemoline, including organometallic complexes and chelates thereof;
(I) Phentermine;
(J) Pipradrol;
(K) Sibutramine; and
(L) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(v) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of dextropropoxyphene
(alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
(e) Schedule V:
(i) Any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
which includes one or more non-narcotic active medicinal ingredients in sufficient proportion
to confer upon the compound, mixture, or preparation valuable medicinal qualities other than
those possessed by the narcotic drug alone:
(A) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(B) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;
(C) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;
(D) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(E) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(F) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit; 
and
(G) unless specifically exempted or excluded or unless listed in another schedule, any
material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant
effect on the central nervous system, including its salts, isomers, and salts of isomers[
; and
]
.
[
(H) all forms of Tramadol.
]
(ii) Cannabidiol in a drug product that is approved by the United States Food and Drug
Administration. 
Section 2. Section 
58-37f-203 (Superseded 07/01/19)
 is amended to read:
58-37f-203 (Superseded 07/01/19).
Submission, collection, and maintenance of
data.
(1) (a) The division shall implement on a statewide basis, including non-resident
pharmacies as defined in Section 
58-17b-102
, the following two options for a pharmacist to
submit information:
(i) real-time submission of the information required to be submitted under this part to
the controlled substance database; and
(ii) 24-hour daily or next business day, whichever is later, batch submission of the
information required to be submitted under this part to the controlled substance database.
(b) (i) On and after January 1, 2016, a pharmacist shall comply with either:
(A) the submission time requirements established by the division under Subsection
(1)(a)(i); or
(B) the submission time requirements established by the division under Subsection
(1)(a)(ii).
(ii) Prior to January 1, 2016, a pharmacist may submit information using either option
under this Subsection (1).
(c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
(2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
controlled substance is dispensed shall submit the data described in this section to the division
in accordance with:
(i) the requirements of this section;
(ii) the procedures established by the division;
(iii) additional types of information or data fields established by the division; and
(iv) the format established by the division.
(b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
the provisions of this section and the dispensing medical practitioner shall assume the duties of
the pharmacist under this chapter.
(3) 
(a)
 The pharmacist-in-charge and the pharmacist described in Subsection (2)
(b)
shall[
, for each controlled substance dispensed by a pharmacist under the pharmacist's
supervision other than those dispensed for an inpatient at a health care facility,
] submit to the
division any type of information or data field established by the division by rule in accordance
with Subsection (6)[
.
] 
regarding:
(i) each controlled substance that is dispensed by the pharmacist or under the
pharmacist's supervision; and
(ii) each noncontrolled substance that is:
(A) designated by the division under Subsection (8)(a); and
(B) dispensed by the pharmacist or under the pharmacist's supervision.
(b) Subsection (3)(a) does not apply to a drug that is dispensed for an inpatient at a
health care facility.
(4) An individual whose records are in the database may obtain those records upon
submission of a written request to the division.
(5) (a) A patient whose record is in the database may contact the division in writing to
request correction of any of the patient's database information that is incorrect. The patient
shall provide a postal address for the division's response.
(b) The division shall grant or deny the request within 30 days from receipt of the
request and shall advise the requesting patient of its decision by mail postmarked within 35
days of receipt of the request.
(c) If the division denies a request under this Subsection (5) or does not respond within
35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
after the postmark date of the patient's letter making a request for a correction under this
Subsection (5).
(6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish submission requirements under this part,
including:
(a) electronic format;
(b) submission procedures; and
(c) required information and data fields.
(7) The division shall ensure that the database system records and maintains for
reference:
(a) the identification of each individual who requests or receives information from the
database;
(b) the information provided to each individual; and
(c) the date and time that the information is requested or provided.
(8) (a) The division, in collaboration with the Utah Controlled Substance Advisory
Committee created in Section 
58-38a-201
, shall designate a list of noncontrolled substances
described in Subsection (8)(b) by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(b) To determine whether a prescription drug should be designated in the schedules of
controlled substances under this chapter, the division may collect information about a
prescription drug as defined in Section 
58-17b-102
 that is not designated in the schedules of
controlled substances under this chapter.
Section 3. Section 
58-37f-203 (Effective 07/01/19)
 is amended to read:
58-37f-203 (Effective 07/01/19).
Submission, collection, and maintenance of data.
(1) (a) The division shall implement on a statewide basis, including non-resident
pharmacies as defined in Section 
58-17b-102
, the following two options for a pharmacist to
submit information:
(i) real-time submission of the information required to be submitted under this part to
the controlled substance database; and
(ii) 24-hour daily or next business day, whichever is later, batch submission of the
information required to be submitted under this part to the controlled substance database.
(b) (i) On and after January 1, 2016, a pharmacist shall comply with either:
(A) the submission time requirements established by the division under Subsection
(1)(a)(i); or
(B) the submission time requirements established by the division under Subsection
(1)(a)(ii).
(ii) Prior to January 1, 2016, a pharmacist may submit information using either option
under this Subsection (1).
(c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
(2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
controlled substance is dispensed shall submit the data described in this section to the division
in accordance with:
(i) the requirements of this section;
(ii) the procedures established by the division;
(iii) additional types of information or data fields established by the division; and
(iv) the format established by the division.
(b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
the provisions of this section and the dispensing medical practitioner shall assume the duties of
the pharmacist under this chapter.
(3) 
(a)
 The pharmacist-in-charge and the pharmacist described in Subsection (2)
(b)
shall, for each controlled substance dispensed by a pharmacist under the pharmacist's
supervision other than those dispensed for an inpatient at a health care facility, submit to the
division any type of information or data field established by the division by rule in accordance
with Subsection (6)[
.
] 
regarding:
(i) each controlled substance that is dispensed by the pharmacist or under the
pharmacist's supervision; and
(ii) each noncontrolled substance that is:
(A) designated by the division under Subsection (8)(a); and
(B) dispensed by the pharmacist or under the pharmacist's supervision.
(b) Subsection (3)(a) does not apply to a drug that is dispensed for an inpatient at a
health care facility.
(4) An individual whose records are in the database may obtain those records upon
submission of a written request to the division.
(5) (a) A patient whose record is in the database may contact the division in writing to
request correction of any of the patient's database information that is incorrect. The patient
shall provide a postal address for the division's response.
(b) The division shall grant or deny the request within 30 days from receipt of the
request and shall advise the requesting patient of its decision by mail postmarked within 35
days of receipt of the request.
(c) If the division denies a request under this Subsection (5) or does not respond within
35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
after the postmark date of the patient's letter making a request for a correction under this
Subsection (5).
(6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish submission requirements under this part,
including:
(a) electronic format;
(b) submission procedures; and
(c) required information and data fields.
(7) The division shall ensure that the database system records and maintains for
reference:
(a) the identification of each individual who requests or receives information from the
database;
(b) the information provided to each individual; and
(c) the date and time that the information is requested or provided.
(8) (a) The division, in collaboration with the Utah Controlled Substance Advisory
Committee created in Section 
58-38a-201
, shall designate a list of noncontrolled substances
described in Subsection (8)(b) by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(b) To determine whether a prescription drug should be designated in the schedules of
controlled substances under this chapter, the division may collect information about a
prescription drug as defined in Section 
58-17b-102
 that is not designated in the schedules of
controlled substances under this chapter.
Section 4. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 14, 2019.
(2) The actions affecting Section 
58-37f-203
 (Effective 07/01/19) take effect on July 1,
2019.