902 KAR 55:030. Schedule IV substances.
RELATES TO: KRS 218A.010-218A.030,
218A.100, 218A.110, 21 C.F.R. 1308.14, 21 U.S.C. 801, 812
STATUTORY AUTHORITY: KRS 218A.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS
218A.020(1) authorizes the Cabinet for Health and Family Services to promulgate
administrative regulations to add, delete, or reschedule substance enumerated
in KRS Chapter 218A. KRS 218A.020(3) authorizes the Cabinet for Health and
Family Services to promulgate administrative regulations to control substances
controlled under federal law. This administrative regulation designates
Schedule IV controlled substances. This administrative regulation differs from
the federal regulation because it designates the following substances as a
Schedule IV controlled substance: Tramadol, Carisoprodol, and Nalbuphine. The
Cabinet for Health and Family Services recognizes that Tramadol, Carisoprodol,
and Nalbuphine have significant abuse potential and inclusion on Kentucky's
Schedule IV list will help reduce the risk to public health.
Section 1. Stimulants. The Cabinet for
Health and Family Services designates as Schedule IV controlled substances, in
addition to those specified by KRS 218A.110, a material, compound, mixture, or
preparation which contains a quantity of the following substances, including
their salts, isomers whether optical, position, or geometric, and salts of the
isomers, if the existence of the salts, isomers, and salts of isomers is
possible:
(1) Cathine ((+)-norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Modafinil;
(8) Pemoline, including organometallic
complexes and chelates;
(9) Phentermine;
(10) Pipradrol;
(11) Sibutramine; and
(12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
Section 2. Depressants. The Cabinet for
Health and Family Services designates as Schedule IV controlled
substances, in addition to those specified by KRS 218A.110, a material, compound,
mixture, or preparation which contains a quantity of the following substances,
including its salts, isomers, and salts of isomers if the existence of the
salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Alprazolam;
(2) Bromazepam;
(3) Camazepam;
(4) Carisoprodol;
(5) Chlordiazepoxide;
(6) Clobazam;
(7) Clonazepam;
(8) Clorazepate;
(9) Clotiazepam;
(10) Cloxazolam;
(11) Delorazepam;
(12) Diazepam;
(13) Dichloralphenazone;
(14) Estazolam;
(15) Ethyl loflazepate;
(16) Fludiazepam;
(17) Flunitrazepam;
(18) Flurazepam;
(19) Halazepam;
(20) Haloxazolam;
(21) Ketazolam;
(22) Loprazolam;
(23) Lorazepam;
(24) Lormetazepam;
(25) Mebutamate;
(26) Medazepam;
(27) Methohexital;
(28) Midazolam;
(29) Nimetazepam;
(30) Nitrazepam;
(31) Nordiazepam;
(32) Oxazepam;
(33) Oxazolam;
(34) Pinazepam;
(35) Prazepam;
(36) Quazepam;
(37) Temazepam;
(38) Tetrazepam;
(39) Triazolam;
(40) Zaleplon;
(41) Zolpidem; and
(42) Zopiclone.
Section 3. Fenfluamine. The Cabinet for
Health and Family Services designates as Schedule IV controlled substances, in
addition to those specified by KRS 218A.110, a material, compound, mixture, or
preparation which contains any quantity of Fenfluramine, 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.
Section 4. Narcotics. The Cabinet for
Health and Family Services designates as Schedule IV controlled substances, in
addition to those specified by KRS 218A.110, a material, compound, mixture, or
preparation containing a quantity of the following narcotic drugs, or their
salts calculated as the free anhydrous base or alkaloid, as set forth below:
(1) Butorphanol;
(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane);
(3) Not more than one (1) milligram of
difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per
dosage unit; and
(4) Nalbuphine.
Section 5. Central Analgesics. The
Cabinet for Health and Family Services designates as a Schedule IV controlled
substance material, compound, mixture, or preparation which contains any
quantity of Tramadol or its salts. (Recodified from 901 KAR
1:030, 4-14-82; Am. 11 Ky.R. 1678; eff. 6-4-85; 12 Ky.R. 1177; eff. 2-4-86; 13
Ky.R. 1948; eff. 6-9-87; 15 Ky.R. 866; eff. 11-4-88; 20 Ky.R. 862; 1701; eff.
2-10-94; 22 Ky.R. 1900; 2302; eff. 6-6-96; 25 Ky.R. 627; 1630; eff. 1-19-99; 26
Ky.R. 902; 1170; eff. 12-15-99; 29 Ky.R. 819; 1277; eff. 10-16-2002; 33 Ky.R.
1436; 1820; eff. 2-2-07; 34 Ky.R. 2607; 35 Ky.R. 1198; eff. 12-5-2008.)
