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HB 106 - Controlled substances and dangerous drugs; amend listings

Parham, Bobby E (122nd)	Stephens, Ron (150th)	Martin, James L (145th)
Graves, David B (125th)	Parrish, Larry (Butch) J (144th)

Status Summary	HC:	H&E	SC:	H&HS	FR:	01/14/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; and for other purposes.

HB 106                                              HB 106/AP 
 
      H. B. No. 106 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Parham of the 122nd, Stephens of the 
      150th, Martin of the 145th, Graves of the 125th and Parrish 
      of the 144th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 13 of Title 16 of the Official Code of 
  1- 2  Georgia Annotated, relating to controlled substances, so as 
  1- 3  to change definitions; to change the listings of controlled 
  1- 4  substances and dangerous drugs; to provide for the authority 
  1- 5  of registered professional nurses employed or engaged by a 
  1- 6  licensed home health agency to possess and administer 
  1- 7  certain drugs in a home health setting; to provide for 
  1- 8  oversight by the State Board of Pharmacy; to provide for 
  1- 9  construction; to provide for an effective date; to repeal 
  1-10  conflicting laws; and for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Chapter 13 of Title 16 of the Official Code of Georgia 
  1-14  Annotated, relating to controlled substances, is amended by 
  1-15  adding after paragraph (22.1) of Code Section 16-13-28, 
  1-16  relating to Schedule IV controlled substances, the 
  1-17  following: 
 
  1-18      "(22.15) Modafinil;". 
 
  1-19                           SECTION 2. 
 
  1-20  Said chapter is further amended by striking from subsection 
  1-21  (b) of Code Section 16-13-71, listing the dangerous drugs, 
  1-22  the following paragraphs: 
 
  1-23      "(3.5) Acetic acid, glacial; 
 
  1-24      (203) Reserved;". 
 
  1-25                           SECTION 3. 
 
  1-26  Said chapter is further amended by adding in the appropriate 
  1-27  positions in subsection (b) of Code Section 16-13-71, 
  1-28  listing the dangerous drugs, the following paragraphs: 
 
  1-29      "(.03) Abacavir; 
 
  1-30      (.04) Abciximab; 
 
 
 
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  2- 1      (3.5) Reserved; 
 
  2- 2      (107.3) Briazolamide; 
 
  2- 3      (130.5) Candesartan; 
 
  2- 4      (132.5) Capecitabine; 
 
  2- 5      (195.2) Citalopram; 
 
  2- 6      (203) Clopidogerel; 
 
  2- 7      (316.3) Dolasetron; 
 
  2- 8      (331.03) Efavirenz; 
 
  2- 9      (331.07) Emedastine; 
 
  2-10      (334.7) Eprosartan; 
 
  2-11      (334.8) Eptifibatide; 
 
  2-12      (381.55) Fenfibrate; 
 
  2-13      (381.6) Fenofenadine; 
 
  2-14      (381.8) Fenoldopam; 
 
  2-15      (404.5) Fomivirsen; 
 
  2-16      (412.5) Genotropin; 
 
  2-17      (430.3) Gramosetron; 
 
  2-18      (472.5) Infliximab; 
 
  2-19      (491.6) Irbesartan; 
 
  2-20      (513.5) Leflunomide; 
 
  2-21      (529.97) Loteprednol; 
 
  2-22      (611.5) Metformin; 
 
  2-23      (624.5) Montelukast; 
 
  2-24      (638.3) Naratriptan; 
 
  2-25      (691.5) Paricalcitol; 
 
  2-26      (769.2) Pramipexole; 
 
  2-27      (816.5) Quetiapine; 
 
  2-28      (832.2) Reboparhamil; 
 
  2-29      (842.1) Rifapentine; 
 
  2-30      (843.9) Rizatritpan; 
 
  2-31      (845.3) Ropinirole; 
 
 
                                 -2- 
 
 
 
  3- 1      (855.74) Sevelamer; 
 
  3- 2      (855.85) Sildenafil; 
 
  3- 3      (931.6) Telmisartan; 
 
  3- 4      (943.5) Thalidomide; 
 
  3- 5      (964.5) Tiagabine; 
 
  3- 6      (967.6) Tirofiban; 
 
  3- 7      (972.5) Tolcapone; 
 
  3- 8      (973.05) Tolterodine; 
 
  3- 9      (1007.5) Trovafloxacin; 
 
  3-10      (1024.3) Valrubicin; 
 
  3-11      (1042.9) Zolmitriptan;". 
 
  3-12                           SECTION 4. 
 
  3-13  Said chapter is further amended by striking from subsection 
  3-14  (c) of Code Section 16-13-71, listing the dangerous drugs, 
  3-15  the following: 
 
  3-16      "(7.5) Clotrimazole--when a single vaginal insert is 200 
  3-17      mg. or less or with a strength up to 1 percent in a 
  3-18      topical skin or vaginal product; 
 
  3-19      (14.1) Miconazole--when used as antifungal powder, 
  3-20      cream, or both, and containing not more than 2 percent 
  3-21      of miconazole nitrate, and when used as vaginal tablets 
  3-22      up to 200 mg. in strength;". 
 
  3-23                           SECTION 5. 
 
  3-24  Said chapter is further amended by adding in the appropriate 
  3-25  places in subsection (c) of Code Section 16-13-71, listing 
  3-26  the dangerous drugs, the following: 
 
  3-27      "(7.5) Clotrimazole--when a single vaginal insert is 200 
  3-28      mg. or less or with a strength up to 2 percent in a 
  3-29      topical skin, topical vaginal, or vaginal product; 
 
  3-30      (14.1) Miconazole--when used as antifungal powder, 
  3-31      cream, or both, and containing not more than 4 percent 
  3-32      of miconazole nitrate, and when used as a vaginal insert 
  3-33      of up to 200 mg. in strength;". 
 
  3-34                          SECTION 5.1. 
 
  3-35  Said chapter is further amended by striking "or" at the end 
  3-36  of subparagraph (A) of paragraph (23) of Code Section 
 
 
                                 -3- 
 
 
 
  4- 1  16-13-21, relating to definitions, striking the period and 
  4- 2  inserting "; or" at the end of subparagraph (B) of said 
  4- 3  paragraph, and adding immediately thereafter the following 
  4- 4  subparagraph: 
 
  4- 5        "(C) A physician's assistant acting pursuant to the 
  4- 6        authority of subsection (e.1) of Code Section 
  4- 7        43-34-103.  For purposes of this chapter and 
  4- 8        subsection (e.1) of Code Section 43-34-103 and 
  4- 9        notwithstanding the provisions of subsection (g) of 
  4-10        Code Section 43-34-26.1, a physician's assistant is 
  4-11        authorized to register with the federal Drug 
  4-12        Enforcement Administration and appropriate state 
  4-13        authorities." 
 
  4-14                          SECTION 5.2. 
 
  4-15  Said chapter is further amended by adding a new paragraph 
  4-16  following paragraph (4.1) of Code Section 16-13-72, relating 
  4-17  to sale, distribution, or possession of dangerous drugs, to 
  4-18  read as follows: 
 
  4-19      "(4.2) A registered professional nurse licensed under 
  4-20      Article 1 of Chapter 26 of Title 43 who is employed or 
  4-21      engaged by a licensed home health agency may possess 
  4-22      sterile saline, sterile water and diluted heparin for 
  4-23      use as intravenous maintenance for use in a home health 
  4-24      setting, and such nurse may administer such items to 
  4-25      patients of the home health agency upon the order of a 
  4-26      licensed physician.  The State Board of Pharmacy shall 
  4-27      be authorized to adopt regulations governing the 
  4-28      storage, quantity, use and administration of such items; 
  4-29      provided, however, nothing in this paragraph or in such 
  4-30      regulations shall be construed to restrict any authority 
  4-31      of nurses existing under other provisions of law;". 
 
  4-32                           SECTION 6. 
 
  4-33  This Act shall become effective upon its approval by the 
  4-34  Governor or upon its becoming law without such approval. 
 
  4-35                           SECTION 7. 
 
  4-36  All laws and parts of laws in conflict with this Act are 
  4-37  repealed. 
 
 
 
 
 
 
 
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