2014 NASCSA Survey of Controlled Substance Authorities

Question #1 - Does your state schedule a particular drug outside the DEA schedule of
controlled substances?

Response Details
State Comments
AK No
AL Yes Codeine Cough Syrups Schedule III ; All Anabolic steroids III;
All Butalbital Products III ; Certain synthetic hallucinogens drugs in Schedule I
AR Yes nalbuphine in schedule IV
AZ Yes Ephedrine (in single-ingredient form only) is Schedule V
CT Yes
DC Yes Just passed emergency and proposed regulations that include a more
comprehensive list of novel psychoactive drugs in Schedule 1. 22-B DCMR
Chapter 12 Section 1201
DE Yes
ID Yes
HI Yes Numerous Synthetic cannabinoids and cathanones - see Hawaii Revised Statutes
IL Yes Tramadol, several years before DEA
KS Yes Pseudoephedrine is a Schedule V; Salvia, gypsum weed; Eleven cannabinoids,
their salts, isomers and salts of isomers, unless specifically exempted, whithin the
eleven specific chemical designations scheduled differently.
LA Yes Pseudoephedrine, Ephedrine, and Phenylpropanolamine containing products are
schedule V
MI No
MN Yes Human growth hormone is in schedule III, certain codeine containing cough
syrups are in Schedule III instead of Schedule V, many more "synthetic drugs"
are in Schedule I
NC Yes Marjuana Schedule VI
NE No
 NH Yes * NH RSA 318-B-1-c designated Flunitrazepam, marketed under the trade name
rohypnol, as meeting the criteria for placement on schedule I of controlled drugs.
Flunitrazepam shall be scheduled as a schedule I controlled drug. Source. 1998,
359:1, eff. June 26, 1998. 2005, 177:138, eff. July 1, 2005. Gamma Hydroxy Butryl
(GBH) was previously included in the NH RSA, but was removed when it was
added to the federal schedule in 2000.
NM Yes All butalbital products are schedule III
NV Yes HGH (schedule III); Ketamine (schedule III);
anabolic steroids (schedule III); various synthetic cannabinoids and substituted
cathinones (schedule I)
OH Yes Ephedrine C-V, Tramadol C-IV, Several Synthetic Cannabinoids C-I
OR Yes
PA Yes chorionic gonadtropin (schedule III)
SC No
TX Other Narcotic/non-narcotic containing cough syrups although schedule V are not
available without a prescription.
UT Yes
VA Yes Salvia Divonorum
VT No
WY Yes Schedule I: salvinorum A, "bath salts" and "K2 Spice" chemicals

Question #2 - Does your state currently have a statute or rule that would allow for electronic
prescribing of controlled substances? (if yes, please cite the statute or rule)

Response Details
State Comments
AK Yes 12 AAC 52.490
AL Yes
AR No Legislation in process now
AZ Yes A.R.S. 36-2525(D)
CT Yes 21a-240 (45), 21a-244a (b), 21a-249 (d)(h)(k)
DC Yes
DE Yes 4.1.4 Prescriptions for controlled substances may be transmitted via facsimile or
electronic transmission by a practitioner or by the practitioner’s authorized agent
to a pharmacy.
HI Yes Section 329-1, and Section 328-38 Hawaii Revised Statutes
 IL Yes 720 ILCS 570/311.5
ID Yes 54-1733
KS Yes KSA 65-1637b
LA Yes Statute = La. R.S. 40:978(A)(B)(D); Regulation = LAC 46:2745(F)(1)(h), (G)(1)
MI No We currently have a two rules that conflict with electronic prescribing.
MN Yes MN Stats 152.11
NC No
NE Yes Neb. Rev. Stat. 28-414(1)(a) requires prescriptions for Schedule II controlled
substances to be in writing and signed by the prescriber. This requirement
mirrors federal requirements found in 21 CFR 1306.11(a). Signature is defined in
Neb. Rev. Stat. 38-2844 and includes an electronic signature. Based on these
definitions, electronic prescribing is allowed under 28-414(1)(a).
NH Yes 318-B:9 Sale by Pharmacists
NM Yes 16.19.20.42(A) NMAC
NV Yes NAC 639.7102-.7105
OH Yes
OR Yes ORS 475.188
PA
SC
TX Yes Health and Safety Code Chapter 481 Controlled Substances Act;
Sec. 481.075. Official Prescription Program
UT Yes Title 58, Chapter 83. http://le.utah.gov/UtahCode/section.jsp?code=58-83
VA Yes
VT Yes Part 10.9
WY Yes WY Controlled Substances Act W.S. 35-7-1030

Question #3 - Does your state have a quantity limit to Schedule II prescriptions?

If yes, what is it and please cite the statute or rule.

Response Details
State Comments
AK No
AL No
AR No
AZ No
CT No
DC No
DE Yes Controlled Substance Regulation 4.7.1 prescriptions may be dispensed up to 100
dosage units or a 31 day supply whatever is the greater. As an exception to
dosage limitations set forth in this subparagraph, and in accordance with 21 CFR
Section 1306.1(b), prescriptions for controlled substances in Schedule II for
patients either having a medically documented terminal illness or patients in Long
Term Care Facilities (LTCF), may be filled in partial quantities, to include individual
dosage units
HI No
ID No
IL Yes 720 ILCS 570/312
KS No
LA No No limit on the prescribing but there is a limit on the dispensing of an opioid
derivative listed in Schedule 2 or 3 issued by a prescriber not licensed by this
state.
MI No
MN No
NC No
NE No
NH Yes NH RSA 318-B:9 IV.
NM No
NV No
OH NO
OR No
PA No
SC Yes 31 days supply SC Code of Laws 44-53-360 (e)and SC Regulation 61-4 section 1102
TX No
UT No
VA No
VT No
WY No
Question #4 - Does your state have a quantity limit to Schedule III-V prescriptions?

Response Details
State Comments
AK No
AL No
AR No
AZ No
CT No
DC No

DE Yes Controlled Substance Regulation 4.7.1 schedule III may be dispensed up to 100
dosage units or a 31 day supply whatever is the greater. As an exception to
dosage limitations set forth in this subparagraph, and in accordance with 21 CFR
Section 1306.1(b), prescriptions for controlled substances in Schedule II for
patients either having a medically documented terminal illness or patients in Long
Term Care Facilities (LTCF), may be filled in partial quantities, to include individual
dosage.
HI Yes 329-38(e)HRS - Prescriptions may not be filled or refilled more than three months
after the date of the prescription or be refilled more than two times after the
date of the prescription, unless the prescription is renewed by the practitioner.
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-
0344/HRS0329/HRS_0329-0038.htm
ID No
IL No
KS No
LA No No limit on the prescribing but there is a limit on the dispensing of an opioid
derivative listed in Schedule 2 or 3 issued by a prescriber not licensed by this
state.
MI No
MN No
NC No
NE No
NH Yes Schedule III has the same limit as Schedule II - NH RSA 318-B:9 IV.
NM No
NV No
OH No
 OR No
PA No
SC Yes up to a 90 days supply SC Code of Laws 44-53-360 (e) and SC Regulation 61-4
section 1203
TX No The number of doses on a single prescription is not limited
UT No
VA No
VT No
WY No

Question #5 - Does your state have a time limitation for how long a Schedule II prescription is
valid for once it is written?

Response Details
State Comments
AK No
AL No
AR Yes We follow DEA
AZ Yes CII prescription is valid for 90 days from the date written. A.R.S. 36-25245(D).
CT No
DC Yes 22-B 1306.2
DE Yes Controlled Substance Regulation 4.7.1 Prescriptions for controlled substances in
HI Yes 329-38(b) A schedule II controlled substance prescription shall: (1) Be filled
ID Yes Rule 117
IL Yes 720 ILCS 570/312
KS Yes 6 months KAR 68-20-19
LA Yes 90 days - La. R.S. 40:978(A)
MI No
MN No Not specifically, but 12 months is effectively the limit. Prescriptions for Schedule
NC No
NE Yes Neb. Rev. Stat. 28-414(1)(a).
NH Yes NH RSA 318-B:9III. Prescriptions issued by practitioners for controlled drugs shall
NM No
NV Yes 6 months from the date written
OH Yes Must be filled within 6 months from the date written.
OR No
PA No
 SC Yes 90 days from date written SC Code of Laws 44-53-360 (e)and SC Regulation 61-4,
TX Yes TITLE 13: Public Safety and Corrections
UT No
VA Yes Follow federal rules
VT Yes Follow federal rules
WY Yes Six months: Rules Chapter 6 Section 10(d), WY Controlled Substances Act.

Question #6 - Does your state have a time limitation different from DEA for how long a
Schedule III-V prescription is valid for once it is written?

Response Details
State Comments
AK No
AL No
AR No
AZ No
CT No
DC No
DE Yes Controlled Substance Regulation 4.7.1 Prescriptions for controlled substances in
Schedules II and III will become void unless dispensed within seven (7) days of the
original date of the prescription or unless the original prescriber authorizes the
prescription past the seven (7) day period
HI Yes 329-38(e)HRS - Prescriptions may not be filled or refilled more than three months
after the date of the prescription or be refilled more than two times after the
date of the prescription, unless the prescription is renewed by the practitioner.
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-
0344/HRS0329/HRS_0329-0038.htm
ID Yes Rule 117
IL No
KS No
LA No
MI No
MN No
NC No
NE No
NH No Same as Federal Limit - Six months from that date written
NM No
NV No
OH No
 OR No
PA No
SC Yes 6 months from date written SC Regulation 61-4, section 1202
TX No
UT No
VA No
VT No
WY No

Question #7 - Does your state allow the administration of Naloxone outside of a hospital
setting to treat opioid overdoses?

Response Details
State Comments
AK First responders
AL First responders
AR First responders ambulance services carry naloxone
AZ First responders ALS-paramedics carry Naloxone and may use
under medical direction.
CT First responders / Bystanders or
family members
DC First responders / Bystanders or
family members
DE First responders / Bystanders or
family members / Pharmacists
HI No
ID Pharmacists / Others not sure I'm not aware of a restriction of use to just
hospitals. I think this question is worded
wrong. I know what you are trying to ask.
Idaho's 2015 legislature will hear such a bill. No
law exists yet.
IL First responders
KS Not sure
LA First responders
 MI First responders
MN First responders / Bystanders or
family members
NC First responders / Bystanders or
family members
NE Not sure
NH Not sure There was a committe looking at allowing the
use of Naloxone for first responders. I am not
sure what the status is.
NM First responders / Bystanders or
family members
NV Not sure
OH First responders
OR First responders / Bystanders or
family members
PA First responders A bill was proposed for expansion of use but it
has not yet passed.
SC No
TX First responders Generally under a standing order from the
medical director of emergency services
UT Not sure
VA Currently implementing a pilot program
VT First responders / Bystanders or
family members
WY No

Question #8 - Does your state permit the dispensing of controlled substance prescriptions
written in other states?

Response Details
State Comments
AK Yes
AL Yes
AR Yes
AZ Yes
CT Yes
DC Yes
DE Yes
HI No
ID Yes
IL Yes
KS Yes
LA Yes There are limitations placed upon dispensing a C-II or C-III opioid derivative if the
prescriber is not licensed by Louisiana.
MI Yes
MN Yes
NC Yes
NE Yes
NH Yes Ph 704.10 Out-of-State Prescriptions. Prescriptions written by physicians in a
state other than New Hampshire may be dispensed to a patient only when the
traditional physician-pharmacist-patient relationship exists.
Ph 704.10 Out-of-State Prescriptions. Prescriptions written by physicians in a
state other than New Hampshire may be dispensed to a patient only when the
traditional physician-pharmacist-patient relationship exists.
NM Yes
NV Yes
OH Yes
OR Yes
PA No
SC Yes
TX Yes
UT Yes
VA Yes
VT Yes
WY Yes
Question #9 - Does your state have specific language prohibiting/penalizing patients who
"doctor shop"?

Response Details
State Comments
AK Yes
AL Yes
AR No
AZ No
CT Yes 21a-266
DC No
DE Yes 16 Del. C. section 4757
HI Yes Chapter 329-42 (a)(3) Fraudulent Obtaining of a controlled
substance http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-
0344/HRS0329/HRS_0329-0042.htm
§329-46 Prohibited acts related to visits to more than one practitioner to
obtain controlled substance prescriptions.
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-
0344/HRS0329/HRS_0329-0046.htm
ID Yes 37-2734(3), if you consider that "specific". It works in court.
IL Yes 720 ILCS 570/314.5
KS Yes
LA Yes La. R.S. 40:971(B)(1)(I)
MI Yes
MN No
NC Yes 90-108 (a)(13
NE No
NH Yes NH RSA 318-B:2 Acts Prohibited XII-a. It shall be unlawful for any person to
knowingly acquire, obtain possession of or attempt to acquire or obtain
possession of a controlled drug by misrepresentation, fraud, forgery, deception
or subterfuge. This prohibition includes the situation in which a person
independently consults 2 or more practitioners for treatment solely to obtain
additional controlled drugs or prescriptions for controlled drugs.
NM No
NV Yes Dr shopping is a felony in Nevada
OH Yes
OR No
 PA No
SC Yes SC Code of Laws 44-53-395
TX Yes Health and Safety Code, Chapter 481, TX Controlled Substances Act Section-
481.129. / Offense Fraud
UT Not sure
VA Yes
VT Not sure
WY Yes W.S. 35-7-1033 (a) It is unlawful for any person knowingly or intentionally:...(iii)
To acquire or obtain possession of, to procure or attempt to procure the
administration of, or to obtain a prescription for, any controlled substance by
misrepresentation, fraud, forgery, deception or subterfuge...
(A) Failing to disclose to a practitioner that the person has received the same or
similar controlled substance or prescription...from another source within the
prior thirty days

Question #10 - Does your state currently require all prescribers/dispensers to register for the
Prescription Monitoring Program?

Response Details
State Comments
AK No
AL No
AR No
AZ Yes A.R.S. 36-2606 requires all prescribers to be registered with the Arizona
Monitoring Program, but does not require use of the program.
CT Yes 21a-317
DC No PMP implementation pending. Law as passed does not require registration.
DE Yes
HI Yes 329-101 Reporting of dispensation of controlled substances; electronic
prescription accountability system; requirements; penalty. (a)No identified
controlled substances may be dispensed unless information relevant to the
dispensation of the substance is reported electronically or by means indicated by
the designated state agency to the central repository established under section
329-102, in accordance with rules adopted by the department.
ID Yes 37-2729, by 12/31/14
IL No
KS No Dispensers but not prescribers
LA No
MI No
 MN No
NC No
NE No
NH Yes NH RSA 318-B:33 Controlled Drug Prescription Health and Safety Program
Operation. All prescribers and dispensers authorized to prescribe or dispense
schedule II-IV controlled substances within the state shall be required to register
with the program. Only registered prescribers and dispensers shall be eligible to
access the program.
NM Yes
NV No although both the dental board and nursing board are making it a requirement
for dentists and APRN's
OH Yes
OR No Institutional pharmacies hospital pharmacies, long-term care pharmacies and
practitioner dispensing MD's and NP's do not report to the PDMP.
PA No A bill was proposed to signficantly expand PMP which would alter this
SC No
TX Please contact the Texas Department of Public Safety, the agency which runs the
prescription monitoring program for the state
UT Yes
VA No Bill passed in 2014 Assembly will require DHP to register all prescribers for the
PMP by July 1, 2015.
VT Yes These statutes are in the Health Dept. laws
WY No

Question #11 - Does your state currently require all prescribers to check the Prescription
Monitoring Program database prior to writing a prescription for a controlled substance?

Response Details
State Comments
AK No
AL No
AR No
AZ No
CT No
DC No
DE No
Hi No
 ID No
IL No
KS No
LA Yes La. R.S. 40:978(F)-Prior to initially prescribing any CDS listed in Schedule 2 to a
patient for the treatment of non-cancer related chronic or intractable pain. LAC
48:7831(C)(6) - Additionally, the Medical Director of a licensed Pain Management
Clinic shall access and query the PMP as part of a QA program
MI No
MN No
NC No
NE No
NH No
NM Yes The medical and nursing boards have rules requiring review of the PMP prior to
initiating controlled substance therapy and for patients treated for chronic pain
management.
NV Yes if the patient is unknown to them and seeking narcotics or is a current patient
previously not on narcotics but now seeking them
OH No Not for all controlled substance prescriptions, just when certain red flags are
present are they required to query the PMP.
OR No
PA No A bill was proposed to signficantly expand PMP, which would alter this
SC No
TX Please contact the Texas Department of Public Safety, the agency which runs the
prescription monitoring program for the state
UT No
VA No July 1, 2015. Prescribers will be required to check PMP under certain
circumstances.
VT Yes These statutes are in the health dept. laws
WY No

Question #12 - Does your state currently require all dispensers to check the Prescription
Monitoring Program database prior to dispensing a controlled substance?

Response Details
State Comments
AK No
AL No
AR No
 AZ No
CT No
DC No
DE No
HI No
ID No
IL No
KS No
LA No
MI No
MN No
NC No
NE No
NH No
NM No
NV No Only if certain red flags are present are they required to query the PMP.
OH No
OR No
PA No A bill was proposed to signficantly expand PMP, which would alter this
SC No
TX Please contact the Texas Department of Public Safety, the agency which runs the
prescription monitoring program for the state
UT No
VA No
VT No
WY No

Question #13 - Does your state have an emergency scheduling provision for controlled
substances and if so, has it ever been used?

Response Details
State Comments
AK No
AL Yes And it has been used
AR Yes And it has been used
AZ No
CT Yes It is done by regulation and has ben used
DC Yes Recently passed emergency legislation as cited above with respect to novel
psychoactive drugs. 22-B Chapter 12.
DE Yes And it has been used
HI Yes 329-11(e)Hawaii Revised statutes emergency scheduling authority - and it has
been used
ID Yes 37-2702 / And it has been used
IL Yes And it has been used
KS Yes And it has been used
LA Yes And it has been used
MI Yes No emergency scheduling recently
MN Yes MN Stats 152.02 / But it has never been used
NC No
NE No
NH No However, the Commissioner of DHHS has the authority to schedule drugs under
NH RSA 318-B:1-a Scheduling by the Commissioner
NM Yes And it has been used
NV Yes this provision is not just for CS, but for any regulation. We used it to schedule
some of the synthetic cannabinoids and substituted cathinones (bath salts)
OH Yes And it has been used
OR Yes And it has been used
PA No substances must be scheduled either by legislative action or through the
regulatory process
SC Yes And it has been used
TX Yes Texas has emergency rulemaking powers, but nothing specific to controlled
substances
UT Yes And it has been used
VA No Board of Pharmacy given emergency authority to identify Drugs of Concern for
reporting to the Prescription Monitoring Program
VT No
WY Yes And it has been used
Question #14 - When DEA reschedules a drug, how does your state handle this? (check all
that apply)

Response Details
State Comments
AK Automatic adoption / Legislative change required
AL Automatic adoption in 30 days after federal implementation
AR Automatic adoption / Legislative change required
AZ Legislative change required
CT Temporary emergency provision / Separate Rule required
DC Automatic adoption / Separate Rule required
COMMENT: We update regulations yearly. However, if it is federally scheduled it
applies on the date the DEA states.
DE Automatic adoption
HI Temporary emergency provision / Legislative change required
COMMENT: Section 329-11(d) HRS
ID Temporary emergency provision COMMENT: 37-2702(d)
IL Separate Rule required
KS Legislative change required
LA Legislative change required
MI Automatic adoption
MN Legislative change required OR Separate Rule required
COMMENT: Either rule change by Board of Pharmacy or Statute change by
Legislature
NC Separate Rule required
NE Legislative change required
NH Automatic adoption
NM Separate Rule required
NV Separate Rule required
OH Automatic adoption
OR Automatic adoption
PA Legislative change required OR Separate Rule required
SC Legislative change required
TX Automatic adoption
 UT Automatic adoption
VA Legislative change required
VT Automatic adoption
WY Temporary emergency provision / Legislative change required

Question #15 - Does your state permit dispensing by a prescriber?

Response Details
State Comments
AK Yes Controlled Substances
AL Yes Controlled Substances
AR Yes With limitations approval by Medical Board
AZ Yes Controlled substances
COMMENT: The only CII that Naturopaths may prescribe is morphine.
CT Yes N h
Non-controlled h i substances
and controlled li i d PA' li i d i f 34 d
DC Yes Non-controlled and controlled substances
DE Yes Non-controlled and controlled substances
COMMENT: Controlled Substance Regulation 8.1 No prescriber who is not the
owner of a pharmacy or who is not in the employ of such owner, may dispense
more than a 72-hour supply of schedule II through V controlled substances except
for the following, who still must comply with other sections of this Regulation
including but not limited to Regulation 4.7
HI Yes Controlled substances
ID Yes Non-controlled and controlled substances
COMMENT: Registration as a prescriber drug outlet and several subsequent rules.
check out the prescriber drug outlet application on our web site for rules that
pertain.
IL Yes Non-controlled and controlled substances
KS Yes Non-controlled substances
LA Yes Non-controlled and controlled substances
COMMENT: Physician CDS dispensing is limited to no more than a single forty-
eight hour supply of such controlled substance or drug to a patient prior to, or
subsequent to, performing an actual procedure on that patient.
MI Yes Non-controlled and controlled substances
 MN Yes Non-controlled and controlled substances
NC Yes Non-controlled and controlled substances
NE Yes Non-controlled and controlled substances
NH Yes Non-controlled and controlled substances
COMMENT: Please see NH RSA 318-B:10 (I) and (II)
NM Yes Non-controlled and controlled substances
NV No
OH Yes Non-controlled and controlled substances
COMMENT: Controlled substances are limited to a 72 hour supply per patient and
the total dispensed for all patients in a given month shall not exceed 2500 dosage
units.
OR Yes Non-controlled and controlled substances
PA Yes Non-controlled and controlled substances
SC Yes Non-controlled and controlled substances
COMMENT: can only dispense up to a 31 day supply; must report dispensations to
PMP; must keep dispensing log for 2 years
TX Yes COMMENT: Veterinarians ONLY
UT Yes Non-controlled and controlled substances / COMMENT: New law: restricted to
limited drugs and prescribing dispensers must meet same requirements as
pharmacies. The standards are currently being developed.
http://le.utah.gov/~2014/bills/sbillenr/SB0055.pdf
http://le.utah.gov/~2014/bills/sbillenr/SB0055.pdf
VA Yes Non-controlled and controlled substances
COMMENT: Special license. Location must be approved and inspected every 2
years.
VT Yes Non-controlled and controlled substances
WY No COMMENT: There is no provision to permit dispensing by a practitioner but also
no provision to prohibit dispensing by a practitioner.

Question #16 - Does your state currently have statutes or rules relative to synthetic
cannabinoids?

Response Details
State Comments
AK Yes AS 11.71.160
AL Yes
AR Yes These are listed in a separate schedule VI in Arkansas
AZ Yes A.R.S. 13-3401.
 CT Yes 21a-243-7 (f)
DC Yes 22-B DCMR Chapter 12
DE Yes 16 Del. C. section 4714
HI Yes Section 329-14(g)
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-
0344/HRS0329/HRS_0329-0014.htm
ID Yes 37-2705
IL Yes 720 ILCS 570/204
KS Yes KSA 65-4105
LA Yes La. R.S. 40:964(F)
MI Yes
MN Yes Many are listed in Schedule I - MN Stats 152.02
NC Yes
NE Yes Neb. Rev. Stat. 28-405.
NH No
NM Yes 16.19.20.65(C) NMAC
NV Yes NAC 453.501
OH Yes
OR Yes
PA Yes Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act
SC Yes
TX Yes Health and Safety Code Chapter 481: Texas Controlled Substances Act
481.1031, PENALTY GROUP 2-A
UT Yes New law
http://le.utah.gov/~2014/bills/hbillenr/HB0105.pdf
VA Yes
VT Yes Medical Marijuana health dept. statutes.
WY Yes Schedule I: W.S. 35-7-1014 (d)

Question #17 - Does your state regulate wholesale controlled substances distributors?

Response Details
State Comments
AK Yes AS 08.80.157/12 AAC 52.610
AL Yes 34-23-32. Manufacturer, bottler, packer, repackager, or wholesale distributor of
drugs
AR Yes Regulated and permitted by the pharmacy board
AZ Yes A.R.S. 32-1929
CT Yes
DC Yes 22-B Chapter 10
DE Yes 16 Del. C. section 4732
HI Yes Section 329-32 registration requirements
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-
0344/HRS0329/HRS_0329-0032.htm
ID Yes 54-1751 thru 54-1759 and rules 800-809.
IL Yes ARTICLE III (720 ILCS 570 Section 302)
KS Yes KSA 65-1643
LA Yes La. R.S. Title 37 Chapter 54, Administrative Code 46, Part LIII, Chapter 27
MI Yes
MN Yes Yes, but not separately from other wholesalers
NC Yes G.S. 90-101(a)
NE Yes Neb. Rev. Stat. 71-7427 to 71-7463 and 172 NAC 131.
NH Yes NH RSA 318:51-a Licensing of Manufacturers and Wholesalers Required. I. No
person shall manufacture legend drugs or controlled drugs as that term is defined
in RSA 318-B:1, VI and no person as a wholesaler, distributor, or reverse
distributor shall supply the same without first having obtained a license to do so
from the board. Such license shall expire annually on June 30. An application
together with a reasonable fee as established by the board shall be filed annually
NM Yes 16.19.20.8 NMAC
NV Yes see "wholesaler" regs
OH Yes
OR Yes
PA Yes Pennsylvania Wholesale Drug Distributor License Act and the Pennsylvania
Controlled Substance Drug, Device, and Cosmetic Act
SC Yes
TX Yes We do not distinguish between non-controlled and controlled substances. Health
and Safety Code, Chapter 431: Texas Food Drug and Cosmetic Act , Sec. 431.402.
LICENSE REQUIRED
UT Yes 58-17b-102 and 58-37-6
VA Yes
VT Yes Part 17 Administrative Rules of the Vermont Board of Pharmacy
WY Yes W.S.35-7-1002 (a)(ii)(definitions)
W.S. 35-7-1025 Registration of manufacturers and distributors.
Question #18 - In your opinion, has increased oversight of controlled substance wholesale
distributors by the federal and/or state government affected the availability of controlled
substances for legitimate use in your state?

Response Details
State Comments
AK No Not in my State
AL No Not in my State
AR Yes Moderately
AZ Yes Significantly: Wholesalers have tightened the thresholds (quotas) for pharmacies.
CT No Not in my State
DC No Not in my State
DE Yes Significantly
HI Yes Moderately
ID No Not in my State
IL Yes Moderately
KS No Not in my State
LA Yes Moderately: Anecdotal information from Pharmacies
MI No Not in my State
MN No Not in my State
NC No Don’t know
NE No Not in my State
NH No Not in my State
NM Yes Moderately
NV Yes Moderately
OH No Not in my State
OR Yes Moderately
PA No Not in my State
SC No Not in my State
TX No Not in my State
UT No Not in my State
VA No Not in my State
VT No Not in my State
WY No Not in my State
Question #19 - Will implementation of the Affordable Care Act affect the scope of practice for
mid-level practitioners in your state as it relates to controlled substances? (e.g. allowing
prescribing of all schedules of controlled substances, etc.)

Response Details
State Comments
AK No
AL No
AR Not sure Could be legislation regarding this next year
AZ No
CT Not sure
DC No
DE Yes
HI Yes
ID No
IL No
KS No
LA Not sure
MI Not sure
MN No
NC Not sure
NE Not sure
NH No
NM Not sure
NV Yes
OH Not sure
OR Not sure
PA Not sure
SC Not sure
TX Not sure
UT Not sure
VA No NP's and PA's already had this authority in Virginia when they meet certain
criteria.
VT No
WY No
Question #20 - Please describe any specific trends/concerns your state may be experiencing
related to prescription drug abuse or drug abuse trends in general.

Response Details
State Comments
AK Nothing different
AL High prescribing rates of opioids
AR Benzodiazepines routinely prescribed with opiates
AZ Noticing the switch from opioid pills to heroin.
CT
DC Cross border issues of RX abuse PMP will help ID
DE CS dispensing, practitioner pharmacy ownership
HI Increased use of Rx CS by kids, marijuana laws
ID Deaths, Pharmacy robberies, Diversion, Illegal prescribing
IL Increased Heroin use/ decreased prescription drug abuse
KS Board is watching Zohydro
LA Increase in Heroin use
MI Doctor shopping is down
MN Abuse is increasing
NC Large number of Rx forgeries
NE Practitioners want a more functional PMP
NH RX drug abuse/misuse continues to be a leading issue
NM Increased pharmacy armed robberies for opiates
NV as prescription drug abuse lessens, heroin use is increasing
OH None to report at this time
OR increased heroin use due to transfer from opioids
PA None
SC Over prescribing
TX Please contact the state PMP
UT None
VA Drug overdose deaths, naloxone, treatment
VT None
WY Deaths from Rx drug abuse
Question #21 - NASCSA is considering compiling data from each state on controlled
substances issues in an effort to serve as a clearinghouse for this information that could
potentially reduce the number of inquiries/surveys each state receives. Would this
information be of benefit?

Response Details
State Comments
AK Yes
AL No
AR Yes Synthetic marijuana
AZ Yes
CT No
DC Yes Most of our questions are from out of state pharmacy providers and
distributors regarding the same questions as in surveyas well as
registration requirements.
DE Yes
HI Yes
ID Yes What drugs are scheduled differently
IL Yes
KS Yes
LA Yes
MI Yes Information on state-specific issues
MN Yes
NC No
NE No Response
NH Yes
NM Yes Who can prescribe controlled substances in each state as well as any
restriction on this
NV Yes All of those that you asked in this survey
OH Yes
OR No
PA Yes What restrictions beyond the federal controlled substance act does your
state have with regards to prescribing or dispensing controlled
substances?
SC Yes
TX Yes Scheduling differences/How agencies schedule drugs/Emergency rules
 UT Yes
VA No Response
VT Yes Schedule II requirements that are stricter than DEA. Could be used as an
example of ways to improve our statutes and rules.
WY Yes The questions here are pertinent. However NABP also compiles many of
these questions in their annual Survey of Pharmacy Law.

Question #22 - What types of surveys/information should NASCSA consider compiling as

a service to its members? Please describe.

Response Details
State Comments
AK
AL
AR Individual state legislation passed
AZ
CT
DC
DE
HI
ID
IL
KS
LA
MI Information on state specific issues
MN
NC
NE
NH Quick surveys are better
NM
NV
OH What states have permitted Medical Marijuana
OR
PA Types of licenses for in-state and out-of-state controlled substances
SC
TX Legislative trends in scheduling
UT
VA
VT Limitations on mid-level practitioners.
WY