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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-3408, 54.1-3421, 54.1-3434, 54.1-3448, 54.1-3450 and 54.1-3452 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 54.1-3408.01 as follows:
§ 54.1-3408. Professional use by practitioners.
A. A practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary
medicine or a licensed nurse practitioner pursuant to § 54.1-2957.01, a
licensed physician assistant pursuant to § 54.1-2952.1, or a TPA-certified
optometrist pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 of this
title shall only prescribe, dispense, or administer controlled substances in good
faith for medicinal or therapeutic purposes within the course of his professional
practice.
The prescribing practitioner's order may be on a written prescription or pursuant to an oral prescription as authorized by this chapter. The prescriber may administer drugs and devices, or he may cause them to be administered by a nurse, physician assistant or intern under his direction and supervision, or he may prescribe and cause drugs and devices to be administered to patients in state-owned or state-operated hospitals or facilities licensed as hospitals by the Board of Health or psychiatric hospitals licensed by the State Mental Health, Mental Retardation and Substance Abuse Services Board by other persons who have been trained properly to administer drugs and who administer drugs only under the control and supervision of the prescriber or a pharmacist or a prescriber may cause drugs and devices to be administered to patients by emergency medical services personnel who have been certified and authorized to administer such drugs and devices pursuant to Board of Health regulations governing emergency medical services and who are acting within the scope of such certification. A prescriber may authorize a certified respiratory therapy practitioner as defined in § 54.1-2954 to administer by inhalation controlled substances used in inhalation or respiratory therapy.
Pursuant to an oral or written order or standing protocol issued by the prescriber within the course of his professional practice, such prescriber may authorize registered nurses and licensed practical nurses to possess (i) epinephrine for administration in treatment of emergency medical conditions and (ii) heparin and sterile normal saline to use for the maintenance of intravenous access lines.
Pursuant to a written order or standing protocol issued by the prescriber within the course of his professional practice, such prescriber may authorize, with the consent of the parents as defined in § 22.1-1, an employee of a school board who is trained in the administration of insulin and glucagon to assist with the adminstration of insulin or administer glucagon to a student diagnosed as having diabetes and who requires insulin injections during the school day or for whom glucagon has been prescribed for the emergency treatment of hypoglycemia. Such authorization shall only be effective when a licensed nurse, nurse practitioner, physician or physician assistant is not present to perform the administration of the medication.
A prescriber may authorize, pursuant to a protocol approved by the Board of Nursing, the administration of vaccines to adults for immunization, when a practitioner with prescriptive authority is not physically present, (i) by licensed pharmacists, (ii) by registered nurses, or (iii) licensed practical nurses under the immediate and direct supervision of a registered nurse. A prescriber acting on behalf of and in accordance with established protocols of the Department of Health may authorize the administration of vaccines to any person by a pharmacist or nurse when the prescriber is not physically present.
A dentist may cause Schedule VI topical drugs to be administered under his direction and supervision by either a dental hygienist or by an authorized agent of the dentist.
No written prescription order form shall include more than one prescription.
This provision shall not apply, however, to the entry of any order on a
patient's chart in any hospital or any long-term care facility, as defined in
Board regulations, in Virginia or to a prescription ordered through the
pharmacy operated by the Department of Corrections, the central pharmacy of the
Department of Health, or the central outpatient pharmacy operated by the
Department of Mental Health, Mental Retardation and Substance Abuse Services.
Such a prescription shall be written, dated, and signed by the person
prescribing on the day when issued, and shall bear the full name and address of
the patient for whom the drug is prescribed, and the full name, address, and
registry number under the federal laws of the person prescribing, if he is
required by those laws to be so registered.
This section shall not prevent the administration of drugs by a person who has satisfactorily completed a training program for this purpose approved by the Board of Nursing and who administers such drugs in accordance with a physician's instructions pertaining to dosage, frequency, and manner of administration, and in accordance with regulations promulgated by the Board of Pharmacy relating to security and record keeping, when the drugs administered would be normally self-administered by (i) a resident of a facility licensed or certified by the State Mental Health, Mental Retardation and Substance Abuse Services Board; (ii) a resident of any adult care residence which is licensed by the Department of Social Services; (iii) a resident of the Virginia Rehabilitation Center for the Blind and Visually Impaired; (iv) a resident of a facility approved by the Board or Department of Juvenile Justice for the placement of children in need of services or delinquent or alleged delinquent youth; (v) a program participant of an adult day-care center licensed by the Department of Social Services; or (vi) a resident of any facility authorized or operated by a state or local government whose primary purpose is not to provide health care services.
Nothing in this title shall prohibit the administration of normally self-administered oral or topical drugs by unlicensed individuals to a person in his private residence.
This section shall not interfere with any prescriber issuing prescriptions in
compliance with his authority and scope of practice and the provisions of this
section to a Board agent for use pursuant to subsection G of § 18.2-258.1. Such
prescriptions issued by such prescriber shall be deemed to be valid prescriptions.
This section shall not prohibit a prescriber from using preprinted
prescriptions for drugs classified in Schedule VI if all requirements
concerning dates, signatures, and other information specified above are
otherwise fulfilled.
B. The written prescription referred to in subsection A of this section shall
be written with ink or individually typed and each prescription shall be
manually signed by the prescriber. The prescription may be prepared by an agent
for his signature. The prescription shall contain the name, address, telephone
number, and federal controlled substances registration number assigned to the
prescriber. The prescriber's information shall be either preprinted upon the
prescription blank, typewritten, rubber stamped, or printed by hand.
The oral prescription referred to in subsection A of this section shall be
transmitted to the pharmacy of the patient's choice by the prescriber or his
authorized agent. For the purposes of this section, an authorized agent of the
prescriber shall be an employee of the prescriber who is under his immediate
and personal supervision, or if not an employee, an individual who holds a
valid license allowing the administration or dispensing of drugs and who is
specifically directed by the prescriber.
C. Pursuant to § 32.1-87, the prescription form shall include two boxes, one
labelled "Voluntary Formulary Permitted" and the other labelled "Dispense As
Written." A prescriber may indicate his permission for the dispensing of a drug
product included in the Formulary upon signing a prescription form and marking
the box labelled "Voluntary Formulary Permitted." A Voluntary Formulary product
shall be dispensed if the prescriber fails to indicate his preference. Whenever
a pharmacist dispenses a Voluntary Formulary product when a prescription is
written for a brand name product, the pharmacist shall label the drug with the
generic name followed by the words "generic for" followed by the brand name of
the drug for which the prescription is written. If no Voluntary Formulary
product is immediately available, or if the patient objects to the dispensing
of a generic drug, the pharmacist may dispense a brand name drug. On and after
July 1, 1993, printed prescription forms shall provide:
" [ ] Dispense As Written
[ ] Voluntary Formulary Permitted
........................
Signature of prescriber
If neither box is marked, a Voluntary Formulary product must be dispensed."
D. Prescribers' orders, whether written as chart orders or prescriptions, for
Schedules II, III, IV and V controlled drugs to be administered to (i) patients
or residents of long-term care facilities served by a Virginia pharmacy from a
remote location or (ii) patients receiving parenteral, intravenous,
intramuscular, subcutaneous or intraspinal infusion therapy and served by a
home infusion pharmacy from a remote location, may be transmitted to that
remote pharmacy by an electronic communications device over telephone lines
which send the exact image to the receiver in hard-copy form, and such
facsimile copy shall be treated as a valid, original prescription order.
§ 54.1-3408.01. Requirements for prescriptions.
A. The written prescription referred to in § 54.1-3408 shall be written with ink or individually typed or printed. The prescription shall contain the name, address, and telephone number of the prescriber. A prescription for a controlled substance other than one controlled in Schedule VI shall also contain the federal controlled substances registration number assigned to the prescriber. The prescriber's information shall be either preprinted upon the prescription blank, electronically printed, typewritten, rubber stamped, or printed by hand.
The written prescription shall contain the first and last name of the patient for whom the drug is prescribed. The address of the patient shall either be placed upon the written prescription by the prescriber or his agent, or by the dispenser of the prescription. If not otherwise prohibited by law, the dispenser may record the address of the patient in an electronic prescription dispensing record for that patient in lieu of recording it on the prescription. Each written prescription shall be dated as of, and signed by the prescriber on, the day when issued. The prescription may be prepared by an agent for the prescriber's signature.
This section shall not prohibit a prescriber from using preprinted prescriptions for drugs classified in Schedule VI if all requirements concerning dates, signatures, and other information specified above are otherwise fulfilled.
No written prescription order form shall include more than one prescription. However, this provision does not apply to the entry of any order on a patient's chart in any hospital or any long-term care facility, as defined in Board regulations, in Virginia or to a prescription ordered through a pharmacy operated by or for the Department of Corrections or the Department of Juvenile Justice, the central pharmacy of the Department of Health, or the central outpatient pharmacy operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
B. Pursuant to § 32.1-87, any prescription form shall include two boxes, one labeled "Voluntary Formulary Permitted" and the other labeled "Dispense As Written." A prescriber may indicate his permission for the dispensing of a drug product included in the Formulary upon signing a prescription form and marking the box labeled "Voluntary Formulary Permitted." A Voluntary Formulary product shall be dispensed if the prescriber fails to indicate his preference. If no Voluntary Formulary product is immediately available or if the patient objects to the dispensing of a generic drug, the pharmacist may dispense a brand name drug. Printed prescription forms shall provide:
" [ ] Dispense As Written
[ ] Voluntary Formulary Permitted
........................
Signature of prescriber
If neither box is marked, a Voluntary Formulary product must be dispensed."
C. Prescribers' orders, whether written as chart orders or prescriptions, for Schedules II, III, IV and V controlled drugs to be administered to (i) patients or residents of long-term care facilities served by a Virginia pharmacy from a remote location or (ii) patients receiving parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion therapy and served by a home infusion pharmacy from a remote location, may be transmitted to that remote pharmacy by an electronic communications device over telephone lines which send the exact image to the receiver in hard copy form, and such facsimile copy shall be treated as a valid original prescription order.
D. The oral prescription referrred to in subsection A of this section shall be transmitted to the pharmacy of the patient's choice by the prescriber or his authorized agent. For the purposes of this section, an authorized agent of the prescriber shall be an employee of the prescriber who is under his immediate and personal supervision, or if not an employee, an individual who holds a valid license allowing the administration or dispensing of drugs and who is specifically directed by the prescriber.
§ 54.1-3421. New drugs.
A. No person shall sell, deliver, offer for sale, hold for sale or give away
any new drug unless:
1. an application with respect to the drug has been approved and the approval
has not been withdrawn under § 505 of the federal Food, Drug, and Cosmetic Act
(21 U.S.C. § 355) act; or.
2. When not subject to the federal act, such drug has been tested and has been
found to be safe for use and effective in use under the conditions prescribed,
recommended, or suggested in its labeling.
Prior to selling or offering a new drug for sale, an application shall be filed
with the Board setting forth full reports of investigations which show whether
or not the drug is safe and effective, a full list of the components of the
drug, a full statement of the composition of the drug, a full description of
the methods used in, and the facilities and controls used for, the manufacture,
processing and packing of such drug, such samples of such drug and its
components as the Board may require and specimens of the proposed labeling for
such drug.
B. An application provided for in subsection A shall become effective 180 days
after filing. If the Board finds, after due notice to the applicant and
providing him an opportunity for a hearing, that the drug is not safe or not
effective under the conditions prescribed, recommended or suggested in the
proposed labeling; or the methods used in, and the facilities and controls used
for, the manufacture, processing, and packing of such drugs are inadequate to
preserve its identity, strength, quality, and purity; or based on a fair
evaluation of all material facts, such labeling is false or misleading in any
particular, the Board shall, prior to the effective date of the application,
issue an order refusing to approve the application.
C. An order refusing to approve an application may be revoked by the Board.
D. The Board shall promulgate regulations for exempting from this section drugs
intended solely for investigational use by experts qualified by scientific training
and experience to investigate the safety and effectiveness of drugs. Such
regulations may, among other conditions relating to the protection of the
public health, provide for conditioning such exemption upon:
1. Submission to the Board, before any clinical testing of a new drug is
undertaken, of reports, by the manufacturer or the sponsor of the investigation of
such drug, of preclinical tests, including tests on animals, which are adequate
to justify the proposed clinical testing;
2. Obtaining from the manufacturer or the sponsor of the investigation of a new
drug proposed to be distributed to investigators for clinical testing an
agreement signed by each of the investigators stating that patients to whom the
drug is administered will be under their personal supervision, or under the
supervision of investigators responsible to them, and that they will not supply
such drug to any other investigator or clinic, for administration to human
beings; and
3. Establishment and maintenance of records, and the making of such reports to
the Board by the manufacturer or the sponsor of the investigation of the drug, of
data, including but not limited to analytical reports by investigators,
obtained as the result of such investigational use of the drug, as the Board
requires to evaluate the safety and effectiveness of the drug.
The regulations shall provide that such exemption shall be conditioned upon the
manufacturer, or the sponsor of the investigation, requiring that experts using
the drugs for investigational purposes certify to such manufacturer or sponsor
that they will inform any human beings to whom such drugs, or any controls used
in connection therewith, are being administered, or their representatives, that
such drugs are being used for investigational purposes and will obtain the
consent of such human beings or their representatives, except where they deem
it not feasible or, in their professional judgment, contrary to the best
interests of such human beings. This subsection shall not be construed to
require any clinical investigator to submit reports directly to the Board on
the investigational use of drugs. The Board may promulgate regulations in
accordance with the federal act.
E. In the case of any drug for which approval of an application filed pursuant
to this section is in effect, the applicant shall establish and maintain records,
and make reports to the Board of data relating to clinical experience as well
as other data or information as the Board, by general regulation, or by order
with respect to such application, may prescribe. However, the regulations and
orders issued under this section shall have due regard for the professional
ethics of the medical profession and the interests of patients and shall
provide where the Board deems it to be appropriate, for the examination, upon
request, by the persons to whom such regulations or orders are applicable, of
similar information received or otherwise obtained by the Board.
Every person required under this section to maintain records and every person
in custody of the records shall, upon request of an officer or employee designated
by the Board, permit such officer or employee at all reasonable times to have
access to and copy and verify such records.
F. The Board may, after affording an opportunity for public hearing and
judicial appeal, revoke an application approved pursuant to this section if it finds
that the drug, based on evidence acquired after such approval, may not be safe
or effective for its intended use, or that the facilities or controls used in
the manufacture, processing, or labeling of such drug may present a hazard to
the public health.
G. B. None of the foregoing provisions of This section shall be deemed to not
apply to a drug subject to the federal act intended solely for investigational use and for which a notice of claimed
investigational exemption for a new drug has been filed with the U.S. Food and
Drug Administration in accordance with 21 C.F.R. Part 312.
§ 54.1-3434. Permit to conduct pharmacy.
No person shall conduct a pharmacy without first obtaining a permit from the Board.
The application for such permit shall be made on a form provided by the Board and signed by a pharmacist who will be in full and actual charge of the pharmacy and who will be fully engaged in the practice of pharmacy at the location designated on the application.
The application shall (i) show the corporate name and trade name, (ii) list any pharmacist in addition to the pharmacist-in-charge practicing at the location indicated on the application, and (iii) list the hours during which the pharmacy will be open to provide pharmacy services. Any change in the hours of operation, which is expected to last more than one week, shall be reported to the Board in writing and posted, at least fourteen days prior to the anticipated change, in a conspicuous place to provide notice to the public. The Board shall promulgate regulations to provide exceptions to this prior notification.
If the owner is other than the pharmacist making the application, the type of ownership shall be indicated and shall list any partner or partners, and, if a corporation, then the corporate officers and directors. Further, if the owner is not a pharmacist, he shall not abridge the authority of the pharmacist-in-charge to exercise professional judgment relating to the dispensing of drugs in accordance with this act and Board regulations.
The permit shall be issued only to the pharmacist who signs the application as the pharmacist-in-charge and as such assumes the full responsibilities for the legal operation of the pharmacy. This permit and responsibilities shall not be construed to negate any responsibility of any pharmacist or other person.
Upon termination of practice by the pharmacist-in-charge, or upon any change in partnership composition, or upon the acquisition, as defined in Board regulations, of the existing corporation by another person or the closing of a pharmacy, the permit previously issued shall be immediately surrendered to the Board by the pharmacist-in-charge to whom it was issued, or by his legal representative, and an application for a new permit may be made in accordance with the requirements of this chapter.
The Board shall promulgate regulations (i) defining acquisition of an existing permitted, registered or licensed facility or of any corporation under which the facility is directly or indirectly organized; (ii) providing for the transfer, confidentiality, integrity, and security of the pharmacy's prescription dispensing records and other patient records, regardless of where located; and (iii) establishing a reasonable time period for designation of a new pharmacist-in-charge. At the conclusion of the time period for designation of a new pharmacist-in-charge, a pharmacy which has failed to designate a new pharmacist-in-charge shall not operate as a pharmacy nor maintain a stock of prescription drugs on the premises. The Director shall immediately notify the owner of record that the pharmacy no longer holds a valid permit and that the owner shall make provision for the proper disposition of all Schedule II through VI drugs and devices on the premises within fifteen days of receipt of this notice. At the conclusion of the fifteen-day period, the Director or his authorized agent shall seize and indefinitely secure all Schedule II through VI drugs and devices still on the premises, and notify the owner of such seizure. The Director may properly dispose of the seized drugs and devices after six months from the date of the notice of seizure if the owner has not claimed and provided for the proper disposition of the property. The Board shall assess a fee of not less than the cost of storage of said drugs upon the owner for reclaiming seized property.
The succeeding pharmacist-in-charge shall cause an inventory to be made of all Schedule I, II, III, IV and V drugs on hand. Such inventory shall be completed as of the date he becomes pharmacist-in-charge and prior to opening for business on that date.
The pharmacist to whom such permit is issued shall provide safeguards against diversion of all controlled substances.
An application for a pharmacy permit shall be accompanied by a fee determined by the Board. All permits shall expire on December 31 of each year.
Every pharmacy must be equipped so that prescriptions can be properly filled.
The Board of Pharmacy shall prescribe the minimum of such professional and
technical equipment, and reference material which a pharmacy shall at all times
possess, and such list shall include as reference the latest revision of the
United States Pharmacopoeia Dispensing Information. No permit shall be issued
or continued for the conduct of a pharmacy until or unless there is compliance with
the provisions of this chapter and regulations promulgated by the Board.
Each day during which a person is in violation of this section shall constitute a separate offense.
§ 54.1-3448. Schedule II.
The controlled substances listed in this section are included in Schedule II:
1. Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone naltrexone and their respective salts, but including the following:
Raw opium;
Opium extracts;
Opium fluid extracts;
Powdered opium;
Granulated opium;
Tincture of opium;
Codeine;
Ethylmorphine;
Etorphine hydrochloride;
Hydrocodone;
Hydromorphone;
Metopon;
Morphine;
Oxycodone;
Oxymorphone;
Thebaine.
Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in this subdivision, but not including the isoquinoline alkaloids of opium.
Opium poppy and poppy straw.
Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine; cocaine or any salt or isomer thereof.
Concentrate of poppy straw, the crude extract of poppy straw in either liquid, solid or powder form, which contains the phenanthrene alkaloids of the opium poppy.
2. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
Alfentanil;
Alphaprodine;
Anileridine;
Bezitramide;
Bulk dextropropoxyphene (nondosage forms);
Dihydrocodeine;
Diphenoxylate;
Fentanyl;
Isomethadone;
Levo-alphacetylmethadol (levo-alpha-acetylmethadol)
(levomethadyl acetate) (LAAM);
Levomethorphan;
Levorphanol;
Metazocine;
Methadone;
Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylicacid;
Pethidine;
Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine;
Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate;
Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
Phenazocine;
Piminodine;
Racemethorphan;
Racemorphan;
Remifentanil.
3. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
Amphetamine, its salts, optical isomers, and salts of its optical isomers;
Phenmetrazine and its salts;
Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;
Methylphenidate.
4. 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 whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
Amobarbital;
Glutethimide;
Secobarbital;
Pentobarbital;
Phencyclidine.
5. Any of The following hallucinogenic substances substance:
Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule
in a drug product approved by the U.S. Food and Drug Administration;
Nabilone.
6. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances which are immediate precursors to amphetamine and methamphetamine or phencyclidine:
Phenylacetone;
1-phenylcyclohexylamine;
1-piperidinocyclohexanecarbonitrile.
§ 54.1-3450. Schedule III.
The controlled substances listed in this section are included in Schedule III:
1. Unless specifically exempted or 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:
Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;
Any compound, mixture or preparation containing amobarbital, secobarbital, or pentobarbital or any salt of amobarbital, secobarbital, or pentobarbital and one or more other active medicinal ingredients which are not listed in Schedules II through V;
Any suppository dosage form containing amobarbital, secobarbital, or pentobarbital or any salt of amobarbital, secobarbital, or pentobarbital and approved by the Food and Drug Administration for marketing only as a suppository;
Chlorhexadol;
Ketamine, its salts, isomers, and salts of isomers (some other names for ketamine: [±] -2-[2-chlorophenyl]-2-[methylamino]-cyclohexanone);
Lysergic acid;
Lysergic acid amide;
Methyprylon;
Sulfondiethylmethane;
Sulfonethylmethane;
Sulfonmethane;
Tiletamine - zolazepam or any salt thereof;
Nalorphine.
2. Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;
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, nonnarcotic ingredients in recognized therapeutic amounts;
Not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
3. 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 such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
Benzphetamine;
Chlorphentermine;
Clortermine;
Phendimetrazine.
4. The Board may except by regulation any compound, mixture, or preparation containing any stimulation or depressant substance listed in subdivision 1 from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
5. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts of isomers is possible within the specific chemical designation:
Anabolic steroids, including, but not limited to:
Boldenone (Dehydrotestosterone);
Clostebol (4-Chlorotestosterone) (Chlorotestosterone);
Dromostanolone (Drostanolone);
Ethylestrenol;
Fluoxymesterone;
Formyldienolone (Formebolone);
Mesterolone;
Methandriol (methylandrostenediol);
Methandrostenolone (Methandienone) (Dehydromethyltestosterone);
Methenolone;
17-Methyltestosterone (Methyltestosterone);
Mibolerone;
Nandrolone (19-Nortestosterone);
Norethandrolone;
Oxandrolone;
Oxymesterone (Oxymestrone);
Oxymetholone (Anasterone);
Stanolone (4-Dihydrotestosterone) (Dihydrotestosterone);
Stanozolol (Androstanazole);
Testolactone (1-Dehydrotestololactone);
Testosterone;
Trenbolone (Trienbolone) (Trienolone); and
Any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. However, such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States Secretary of Health and Human Services for such administration. If any person prescribes, dispenses, or distributes any such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision.
6. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the U.S. Food and Drug Administration.
§ 54.1-3452. Schedule IV.
The controlled substances listed in this section are included in Schedule IV unless specifically excepted or listed in another schedule:
1. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
Alprazolam;
Barbital;
Bromazepam;
Camazepam;
Chloral betaine;
Chloral hydrate;
Chlordiazepoxide;
Clobazam;
Clonazepam;
Clorazepate;
Clotiazepam;
Cloxazolam;
Delorazepam;
Diazepam;
Estazolam;
Ethchlorvynol;
Ethinamate;
Ethyl loflazepate;
Fludiazepam;
Flunitrazepam;
Flurazepam;
Halazepam;
Haloxazolam;
Ketazolam;
Loprazolam;
Lorazepam;
Lormetazepam;
Mebutamate;
Medazepam;
Methohexital;
Meprobamate;
Methylphenobarbital;
Midazolam;
Nimetazapam;
Nitrazepam;
Nordiazepam;
Oxazepam;
Oxazolam;
Paraldehyde;
Petrichloral;
Phenobarbital;
Pinazepam;
Prazepam;
Quazepam;
Temazepam;
Tetrazepam;
Triazolam;
Zaleplon;
Zolpidem.
2. Any compound, mixture or preparation which contains any quantity of the following substances including any salts or isomers thereof:
Fenfluramine.
3. 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 such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
Cathine (+)-norpseudoephedrine;
Diethylpropion;
Fencamfamin;
Fenproprex;
Mazindol;
Mefenorex;
Modafinil;
Phentermine;
Pemoline (including organometallic complexes and chelates thereof);
Pipradrol;
Sibutramine;
SPA (-)-1-dimethylamino-1,2-diphenylethane.
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxy butane);
Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
5. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including their salts:
Butorphanol (including its optical isomers);
Pentazocine.
6. The Board may except by regulation any compound, mixture, or preparation containing any depressant substance listed in subdivision 1 from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.