SB 471-1_ Filed 04/09/2001, 14:17
Your Committee on Public Health , to which was referred Senate Bill 471 , has
had the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
SOURCE: Page 1, line 1; (01)CR047101.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 12-15-26-3; (01)CR047101.1. -->
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2001](RETROACTIVE)]: Sec. 3. A recipient under the
Medicaid program may not be denied access to or restricted in the
use of a prescription drug for the treatment of a mental illness.
SOURCE: IC 12-15-26-4; (01)CR047101.2. -->
IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2001](RETROACTIVE)]: Sec. 4. The office and any
entity that provides prescription drugs to a Medicaid recipient
shall make available to Medicaid recipients prescription drugs that
are used for the treatment of a mental illness without any
restrictions or limitations, including prior authorization, when the
prescription drug is used for the treatment of mental illness.
SOURCE: IC 35-48-2-1; (01)CR047101.3. -->
, AS AMENDED BY P.L.14-2000,
SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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 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
(3) The state of current scientific knowledge regarding the
(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
(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
fifteen (15) sixteen (16)
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
All hearings shall be
conducted in accordance with
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
(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
(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
at the time of the vacancy on the advisory
committee, appointed by the governor;
(8) the superintendent of the state police department or the
(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 adolescent psychology.
(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
SOURCE: Page 1, line 7; (01)CR047101.1. -->
Page 1, line 7, delete "psychotropic" and insert " stimulant
Page 1, line 14, delete "number of prescriptions written for" and
insert " percentage of children receiving prescriptions for stimulant
Page 1, delete line 15.
Page 1, line 17, delete "heath" and insert " health
Page 2, between lines 1 and 2, begin a new line block indented and
" (2) Scientifically determined estimates of the prevalence of
major disorders in children who are treated with stimulant
Page 2, line 2, delete "(2)" and insert " (3)".
Page 2, line 3, delete "subdivision" and insert " subdivisions".
Page 2, line 3, after "(1)" insert " and (2)".
Page 2, line 4, delete "psychotropic" and insert " stimulant".
Page 2, line 6, delete "(3)" and insert " (4)".
Page 2, line 6, delete "psychotropic" and insert " stimulant".
Page 2, line 13, delete "psychotropic" and insert " stimulant".
Page 2, line 16, delete "psychotropic" and insert " stimulant".
Page 2, after line 22, begin a new paragraph and insert:
SOURCE: ; (01)CR047101.5. -->
"SECTION 5. [EFFECTIVE UPON PASSAGE] (a) The governor
shall appoint a psychiatrist with expertise in adolescent psychology
as an additional member of the controlled substances advisory
, as amended by this act, before July
(b) This SECTION expires July 1, 2001.
SOURCE: ; (01)CR047101.6. -->
SECTION 6. An emergency is declared for this act.
Renumber all SECTIONS consecutively.
(Reference is to SB 471 as reprinted March 6, 2001.)
and when so amended that said bill do pass.
CR047101/DI 77 2001