856 IAC 2-2-9 - Application for exclusion of stimulant or depression compound; revocation
Authority: 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35-24.1-2-1(g)[Repealed by Acts 1976,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35-24.1-2-1(g)[Repealed by Acts 1976,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.
Notes
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