195.015.  Authority to control. — 1.  The department of health and senior services shall administer this chapter and may add substances to the schedules after public notice and hearing.  In making a determination regarding a substance, the department of health and senior services shall consider the following:

Terms Used In Missouri Laws 195.015

  • Administer: to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

     (a)  A practitioner (or, in his or her presence, by his or her authorized agent). See Missouri Laws 195.010

  • Controlled substance: a drug, substance, or immediate precursor in Schedules I through V listed in this chapter. See Missouri Laws 195.010
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Immediate precursor: a substance which:

     (a)  The state department of health and senior services has found to be and by rule designates as being the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance. See Missouri Laws 195.010

  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020

 (1)  The actual or relative potential for abuse;

 (2)  The scientific evidence of its pharmacological effect, if known;

 (3)  The state of current scientific knowledge regarding the substance;

 (4)  The history and current pattern of abuse;

 (5)  The scope, duration, and significance of abuse;

 (6)  The risk to the public health;

 (7)  The potential of the substance to produce psychic or physiological dependence liability; and

 (8)  Whether the substance is an immediate precursor of a substance already controlled under this chapter.

 2.  After considering the factors enumerated in subsection 1 of this section the department of health and senior services shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.

 3.  If the department of health and senior services designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

 4.  If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the department of health and senior services, the department of health and senior services shall similarly control the substance under this chapter after the expiration of thirty days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that thirty-day period, the department of health and senior services objects to inclusion, rescheduling, or deletion.  In that case, the department of health and senior services shall publish the reasons for objection and afford all interested parties an opportunity to be heard.  At the conclusion of the hearing, the department of health and senior services shall publish its decision, which shall be final unless altered by statute.  Upon publication of objection to inclusion, rescheduling or deletion under this chapter by the department of health and senior services, control under this chapter is stayed as to the substance in question until the department of health and senior services publishes its decision.

 5.  The department of health and senior services shall exclude any nonnarcotic substance from a schedule if such substance may, under the federal Food, Drug, and Cosmetic Act and the law of this state, be lawfully sold over the counter without a prescription.

 6.  The department of health and senior services shall prepare a list of all drugs falling within the purview of controlled substances.  Upon preparation, a copy of the list shall be filed in the office of the secretary of state.