NC H541

Any prescription drug approved by the federal Food and Drug Administration under section 505 of the Federal Food, Drug, and Cosmetic Act shall be automatically excluded from North Carolina's Schedule VI controlled substances upon federal DEA designation, rescheduling, or deletion, unless the state Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services objects.

The affected prescription drugs may be prescribed, distributed, dispensed, and used in accordance with federal law once the federal DEA issues a notice, final rule, or interim final rule regarding the substance's controlled status.

The Commission has the authority to object to the automatic removal under G.S. 90-88(d); if no objection is filed, the prescription drug is deemed designated, rescheduled, or deleted in accordance with federal law and state statute.

The act becomes effective upon enactment and applies to prescription drugs approved by the federal Food and Drug Administration on or after that date.