TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REGISTRAR'S NOTICE: The
Board of Pharmacy is claiming an exemption from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 13 of the Code of Virginia,
which exempts amendments to regulations of the board to schedule a substance in
Schedule I or II pursuant to subsection D of § 54.1-3443 of the Code of
Virginia. The board will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC110-20. Regulations
Governing the Practice of Pharmacy (amending 18VAC110-20-322).
Statutory Authority: §§ 54.1-2400 and 54.1-3433 of the
Code of Virginia.
Effective Date: December 11, 2019.
Agency Contact: Caroline Juran, RPh, Executive Director,
Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463,
telephone (804) 367-4456, FAX (804) 527-4472, or email
caroline.juran@dhp.virginia.gov.
Summary:
The amendments add nine compounds into Schedule I of the
Drug Control Act as recommended by the Department of Forensic Science pursuant
to § 54.1-3443 of the Code of Virginia. The compounds added by regulatory
action will remain in effect for 18 months or until the compounds are placed in
Schedule I by legislative action of the General Assembly.
18VAC110-20-322. Placement of chemicals in Schedule I.
A. Pursuant to subsection D of § 54.1-3443 of the Code of
Virginia, the Board of Pharmacy places the following in Schedule I of the Drug
Control Act:
1. 2-(methylamino)-2-phenyl-cyclohexanone (other name:
Deschloroketamine), its optical, position, and geometric isomers, salts, and
salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
2.
2-methyl-1-(4-(methylthio)phenyl)-2-morpholinopropiophenone (other name: MMMP),
its optical, position, and geometric isomers, salts, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation.
3. Alpha-ethylaminohexanophenone (other name:
N-ethylhexedrone), its optical, position, and geometric isomers, salts, and
salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
4. N-ethyl-1-(3-methoxyphenyl)cyclohexylamine (other name:
3-methoxy-PCE), its optical, position, and geometric isomers, salts, and salts
of isomers whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation.
5. 4-fluoro-alpha-pyrrolidinohexiophenone (other name:
4-fluoro-alpha-PHP), its optical, position, and geometric isomers, salts, and
salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
6. N-ethyl-1,2-diphenylethylamine (other name: Ephenidine),
its optical, position, and geometric isomers, salts, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation.
7. Synthetic opioids:
a.
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-1,3-benzodioxole-5-carboxamide
(other name: Benzodioxole fentanyl), its isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, unless specifically excepted, whenever
the existence of these isomers, esters, ethers, and salts is possible within
the specific chemical designation.
b.
3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methylbenzamide (other name: U-49900),
its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted, whenever the existence of these isomers, esters,
ethers, and salts is possible within the specific chemical designation.
c. 2-(2,4-dichlorophenyl)-N-[2-(dimethylamino)
cyclohexyl]-N-methylacetamide (other name: U-48800), its isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, unless specifically
excepted, whenever the existence of these isomers, esters, ethers, and salts is
possible within the specific chemical designation.
8. Central nervous system stimulants:
a. Methyl 2-(4-fluorophenyl)-2-(2-piperidinyl)acetate
(other name: 4-fluoromethylphenidate), including its salts, isomers, and salts
of isomers.
b. Isopropyl-2-phenyl-2-(2-piperidinyl)acetate (other name:
Isopropylphenidate), including its salts, isomers, and salts of isomers.
The placement of drugs listed in this subsection shall
remain in effect until August 21, 2019, unless enacted into law in the Drug
Control Act.
B. Pursuant to subsection D of § 54.1-3443 of the Code of
Virginia, the Board of Pharmacy places the following in Schedule I of the Drug
Control Act:
1. Research chemicals:
a. 2-(ethylamino)-2-phenyl-cyclohexanone (other name:
deschloro-N-ethyl-ketamine), its optical, position, and geometric isomers,
salts, and salts of isomers, whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation.
b. 3,4-methylenedioxy-N-tert-butylcathinone, its optical,
position, and geometric isomers, salts, and salts of isomers, whenever the
existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation.
c. 4-fluoro-N-ethylamphetamine, its optical, position, and
geometric isomers, salts, and salts of isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific chemical
designation.
d. Beta-keto-4-bromo-2,5-dimethoxyphenethylamine (other
name: bk-2C-B), its optical, position, and geometric isomers, salts, and salts
of isomers, whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation.
2. Synthetic opioids:
a. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2butenamide
(other name: Crotonyl fentanyl), its isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, unless specifically excepted, whenever the
existence of these isomers, esters, ethers, and salts is possible within the
specific chemical designation.
b. 2-(3,4-dichlorophenyl)-N-[2-(dimethylamino)
cyclohexyl]-N-methylacetamide (other name: U-51754), its isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, unless specifically
excepted, whenever the existence of these isomers, esters, ethers, and salts is
possible within the specific chemical designation.
c.
N-phenyl-N-[4-phenyl-1-(2-phenylethyl)-4piperidinyl]-propanamide (other name:
4phenylfentanyl), its isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, unless specifically excepted, whenever the existence of
these isomers, esters, ethers, and salts is possible within the specific
chemical designation.
The placement of drugs listed in this subsection shall
remain in effect until December 12, 2019, unless enacted into law in the Drug
Control Act.
C. Pursuant to subsection D of § 54.1-3443 of the Code of
Virginia, the Board of Pharmacy places the following in Schedule I of the Drug
Control Act:
1. 2,5-dimethoxy-4-chloroamphetamine (other name: DOC), its
optical, position, and geometric isomers, salts, and salts of isomers whenever
the existence of such salts, isomers, and salts of isomers is possible within
the specific chemical designation.
2. Synthetic opioids:
a. N-(2-fluorophenyl)-2-methoxy-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide
(other name: Ocfentanil), its isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, unless specifically excepted, whenever the
existence of these isomers, esters, ethers, and salts is possible within the
specific chemical designation.
b.
N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (other name:
4-methoxybutyrylfentanyl), its isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, unless specifically excepted, whenever the
existence of these isomers, esters, ethers, and salts is possible within the
specific chemical designation.
c.
N-phenyl-2-methyl-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name:
Isobutyryl fentanyl), its isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, unless specifically excepted, whenever the existence of
these isomers, esters, ethers, and salts is possible within the specific
chemical designation.
d. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarboxamide
(other name: Cyclopentyl fentanyl), its isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, unless specifically excepted, whenever
the existence of these isomers, esters, ethers, and salts is possible within
the specific chemical designation.
e. N-phenyl-N-(1-methyl-4-piperidinyl)-propanamide (other
name: N-methyl norfentanyl), its isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, unless specifically excepted, whenever the
existence of these isomers, esters, ethers, and salts is possible within the
specific chemical designation.
3. Cannabimimetic agent:
1-(4-cyanobutyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (other
name: 4-cyano CUMYL-BUTINACA), its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation.
4. Benzodiazepine: Flualprazolam, its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
The placement of drugs listed in this subsection shall
remain in effect until March 4, 2020, unless enacted into law in the Drug
Control Act.
D. Pursuant to subsection D of § 54.1-3443 of the Code of
Virginia, the Board of Pharmacy places the following in Schedule I of the Drug
Control Act:
1. Synthetic opioid:
N-[2-(dimethylamino)cyclohexyl]-N-methyl-1,3-benzodioxole-5-carboxamide (other
names: 3,4-methylenedioxy U-47700 or 3,4-MDO-U-47700), its isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, unless specifically
excepted, whenever the existence of these isomers, esters, ethers, and salts is
possible within the specific chemical designation.
2. Cannabimimetic agent: N-(adamantanyl)-1-(5-chloropentyl)
indazole-3-carboxamide (other name: 5-chloro-AKB48), its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
The placement of drugs listed in this subsection shall
remain in effect until May 27, 2020, unless enacted into law in the Drug
Control Act.
E. A. Pursuant to subsection D of § 54.1-3443
of the Code of Virginia, the Board of Pharmacy places the following in Schedule
I of the Drug Control Act:
1. Synthetic opioid:
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-benzamide (other names: Phenyl
fentanyl, Benzoyl fentanyl), its isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, unless specifically excepted, whenever the
existence of these isomers, esters, ethers, and salts is possible within the
specific chemical designation.
2. Research chemicals:
a. 4-acetyloxy-N,N-diallyltryptamine (other name: 4-AcO-DALT),
its optical, position, and geometric isomers, salts, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation.
b. 4-chloro-N,N-dimethylcathinone, its optical, position, and
geometric isomers, salts, and salts of isomers whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific chemical
designation.
c. 4-hydroxy-N,N-methylisopropyltryptamine (other name:
4-hydroxy-MiPT), its optical, position, and geometric isomers, salts, and salts
of isomers whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation.
d. 3,4-Methylenedioxy-alpha-pyrrolidinohexanophenone (other
name: MDPHP), its optical, position, and geometric isomers, salts, and salts of
isomers whenever the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation.
3. Cannabimimetic agent: Methyl 2-[1-(5-fluoropentyl)-1H-indole-3-carboxamido]-3,3-dimethylbutanoate
(other name: 5-Fluoro-MDMB-PICA), its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation.
The placement of drugs listed in this subsection shall remain
in effect until October 2, 2020, unless enacted into law in the Drug Control
Act.
F. B. Pursuant to subsection D of § 54.1-3443
of the Code of Virginia, the Board of Pharmacy places the following in Schedule
I of the Drug Control Act:
1.
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-isopropyl-benzamide (other name:
Isopropyl U-47700), its isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, unless specifically excepted, whenever the existence of
these isomers, esters, ethers, and salts is possible within the specific
chemical designation.
2. Alpha-pyrrolidinoisohexiophenone (other name: alpha-PiHP),
its optical, position, and geometric isomers, salts, and salts of isomers whenever
the existence of such salts, isomers, and salts of isomers is possible within
the specific chemical designation.
3. 1-[1-(3-hydroxyphenyl)cyclohexyl]piperidine (other name:
3-hydroxy PCP), its optical, position, and geometric isomers, salts, and salts
of isomers whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation.
The placement of drugs listed in this subsection shall remain
in effect until December 25, 2020, unless enacted into law in the Drug Control
Act.
C. Pursuant to subsection D of § 54.1-3443 of the Code of
Virginia, the Board of Pharmacy places the following in Schedule I of the Drug
Control Act:
1. Synthetic opioids.
a.
N-[2-(dimethylamino)cyclohexyl]-N-phenylfuran-2-carboxamide (other name:
Furanyl UF-17), its isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, unless specifically excepted, whenever the existence of
these isomers, esters, ethers, and salts is possible within the specific
chemical designation.
b. N-[2-(dimethylamino)cyclohexyl]-N-phenylpropionamide
(other name: UF-17), its isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, unless specifically excepted, whenever the existence of
these isomers, esters, ethers, and salts is possible within the specific
chemical designation.
2. Research chemicals.
a. 5-methoxy-N,N-dibutyltryptamine (other name:
5-methoxy-DBT), its optical, position, and geometric isomers, salts, and salts
of isomers whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation.
b. 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-butanone
(other name: Eutylone, bk-EBDB), its optical, position, and geometric isomers,
salts, and salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation.
c. 1-(1,3-benzodioxol-5-yl)-2-(butylamino)-1-pentanone
(other name: N-butylpentylone), its optical, position, and geometric isomers,
salts, and salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation.
d. N-benzyl-3,4-dimethoxyamphetamine (other name:
N-benzyl-3,4-DMA), its optical, position, and geometric isomers, salts, and
salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
e. 3,4-methylenedioxy-N-benzylcathinone (other name: BMDP),
its optical, position, and geometric isomers, salts, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation.
3. Cannabimimetic agents.
a. Ethyl
2-({1-[(4-fluorophenyl)methyl]-1H-indazole-3-carbonyl}amino)-3-methylbutanoate
(other name: EMB-FUBINACA), its salts, isomers, and salts of isomers whenever
the existence of such salts, isomers, and salts of isomers is possible within
the specific chemical designation.
b. Methyl 2-[1-4-fluorobutyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate
(other name: 4-fluoro-MDMB-BUTINACA), its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation.
The placement of drugs listed in this subsection shall
remain in effect until June 10, 2021, unless enacted into law in the Drug
Control Act.
VA.R. Doc. No. R20-6087; Filed October 18, 2019, 1:39 p.m.