SENATE BILL NO. 438
INTRODUCED BY C. CHRISTIAENS, D. HARGROVE
BY REQUEST OF THE SENATE PUBLIC HEALTH, WELFARE, AND SAFETY COMMITTEE
AN ACT ALLOWING IMMEDIATE ACCESSIBILITY OF EPHEDRINE BY A LICENSED PHYSICIAN FOR PATIENT CARE; AMENDING SECTION 50-32-229, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 50-32-229, MCA, is amended to read:
"50-32-229. Specific dangerous drugs included in Schedule IV. Schedule IV consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.
(1) Narcotic drugs. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic is a drug, including its salts calculated as the free anhydrous base or alkaloid in the following limited quantities:
(a) not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; and
(b) dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
(2) Depressants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a depressant, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(a) alprazolam;
(b) barbital;
(c) bromazepam;
(d) camazepam;
(e) chloral betaine;
(f) chloral hydrate;
(g) chlordiazepoxide;
(h) clobazam;
(i) clonazepam;
(j) clorazepate;
(k) clotiazepam;
(l) cloxazolam;
(m) delorazepam;
(n) diazepam;
(o) estazolam;
(p) ethchlorvynol;
(q) ethinamate;
(r) ethyl loflazepate;
(s) fludiazepam;
(t) flunitrazepam;
(u) flurazepam;
(v) halazepam;
(w) haloxazolam;
(x) ketazolam;
(y) loprazolam;
(z) lorazepam;
(aa) lormetazepam;
(bb) mebutamate;
(cc) medazepam;
(dd) meprobamate;
(ee) methohexital;
(ff) methylphenobarbital, also known as mephobarbital;
(gg) midazolam;
(hh) nimetazepam;
(ii) nitrazepam;
(jj) nordiazepam;
(kk) oxazepam;
(ll) oxazolam;
(mm) paraldehyde;
(nn) petrichloral;
(oo) phenobarbital;
(pp) pinazepam;
(qq) prazepam;
(rr) quazepam;
(ss) temazepam;
(tt) tetrazepam;
(uu) triazolam; and
(vv) zolpidem.
(3) Fenfluramine. Any material, compound, mixture, or preparation that contains any quantity of fenfluramine, including its salts, isomers (whether optical, position, or geometric), and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible.
(4) Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is a stimulant having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(a) cathine;
(b) diethylpropion;
(c) fencamfamin;
(d) fenproporex;
(e) mazindol;
(f) mefenorex;
(g) pemoline, including organometallic complexes and chelates thereof;
(h) phentermine;
(i) pipradrol; and
(j) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(5) Ephedrine.
(a) Except as provided in subsection (5)(b), any material, compound, mixture, or preparation that contains any quantity of ephedrine having a stimulant effect on the central nervous system, including its salts, enantiomers (optical isomers), and salts of enantiomers (optical isomers) when ephedrine is the only active medicinal ingredient or is used in combination with therapeutically insignificant quantities of another active medicinal ingredient.
(b) Ephedrine does not include materials, compounds, mixtures, or preparations labeled in compliance with the Dietary Supplement Health and Education Act of 1994, 21 U.S.C. 321, et seq., that contain only natural ephedra alkaloids or extracts of natural ephedra alkaloids.
(c) Ephedrine may be immediately accessible for use by a licensed physician in a patient care area if it is under the physician's direct supervision.
(6) Other substances. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or
preparation that contains any quantity of the following substances pentazocine, including its salts:
(a) pentazocine."
Section 2. Effective date. [This act] is effective on passage and approval.
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