Section 856 IAC 2-2-9 - Application for exclusion of stimulant or depression compound; revocationAuthority: IC 35-48-3-1
Affected: IC 35-48-2-1
Sec. 9.
Application for exclusion of a stimulant or depressant compound.
(a) Any person seeking to have any non-narcotic substance which may, under the Federal Food, Drug, and Cosmetic Act or state law, be lawfully sold over-the-counter without a prescription, excluded from any schedule, pursuant to IC 1971, 35-24.1-2-1(g)[Repealed by Acts 1976, P.L. 148, SECTION 24; Acts 1977, P.L. 26, SECTION 25. See IC 35-48.] as amended, may apply to the Indiana Board of Pharmacy for such exclusion.(b) An application for an exclusion under this section shall be approved by the Board, provided that such application shall contain a copy of the Administration's approval for such request for an exclusion from the Federal Controlled Substances Act.(c) Within a reasonable period of time after the receipt of an application for an exclusion under this section, the Indiana State Board of Pharmacy shall notify the applicant of its acceptance or non-acceptance of the application, and if not accepted, the reason therefor. The Indiana State Board of Pharmacy need not accept an application for filing if any of the requirements prescribed in paragraph (b) of this section is lacking or is not set forth so as to be readily understood. If the applicant desires, he may amend the application to meet the requirements of paragraph (b) of this section.(d) The Indiana State Board of Pharmacy may at any time revoke any exclusion granted pursuant to IC 1971, 35-24.1-2-1(g)[Repealed by Acts 1976, P.L. 148, SECTION 24; Acts 1977, P.L. 26, SECTION 25. See IC 35-48.], as amended, upon a finding that such exclusion from the Federal Controlled Substances Act was terminated, suspended or revoked. The revocation of the exclusion granted under this Act [IC 35-48] shall become effective upon the board's notifying the person to whom such exclusion was granted by certified mail of such revocation.Indiana Board of Pharmacy; Reg 28,Ch II,Sec 2.23; filed Jul 9, 1974, 9:29 am: Unpublished; readopted filed Nov 14, 2001, 2:45 p.m.: 25 IR 1341; readopted filed Oct 4, 2007, 3:33 p.m.: 20071031-IR-856070060RFA; readopted filed November 25, 2013, 9:24 a.m.: 20131225-IR-856130308RFAReadopted filed 2/15/2024, 1:16 p.m.: 20240313-IR-856230795RFA