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218A.020 Cabinet for Health and Family Services to administer chapter.

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218A.020 Cabinet for Health and Family Services to administer chapter. (1) The Cabinet for Health and Family Services shall administer this chapter and may by regulation add substances to or delete or reschedule all substances enumerated in <br>the schedules set forth in this chapter. In making a determination regarding a <br>substance, the Cabinet for Health and Family Services may consider the following: <br>(a) The actual or relative potential for abuse; <br>(b) The scientific evidence of its pharmacological effect, if known; <br>(c) The state of current scientific knowledge regarding the substance; <br>(d) The history and current pattern of abuse; <br>(e) The scope, duration, and significance of abuse; <br>(f) The risk to the public health; <br>(g) The potential of the substance to produce psychic or physiological dependence liability; and (h) Whether the substance is an immediate precursor of a substance already controlled under this chapter. (2) After considering the factors enumerated in subsection (1) the Cabinet for Health and Family Services may adopt a regulation controlling the substance if it finds the <br>substance has a potential for abuse. (3) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the Cabinet for Health and Family <br>Services, the Cabinet for Health and Family Services may similarly control the <br>substance under this chapter by regulation. (4) The Cabinet for Health and Family Services shall exclude any nonnarcotic substance from a schedule if the substance may be lawfully sold over the counter <br>without prescription under the provisions of the Federal Food, Drug and Cosmetic <br>Act, or the Federal Comprehensive Drug Abuse Prevention and Control Act of <br>1970, or the Kentucky Revised Statutes (for the purposes of this section the <br>Kentucky Revised Statutes shall not include any regulations issued thereunder). Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 99, sec. 528, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 471, effective July 15, 1998. -- Amended 1974 Ky. Acts <br>ch. 74, Art. VI, sec. 107(3). -- Created 1972 Ky. Acts ch. 226, sec. 3.