Today’s show is about the Iowa Board of Pharmacy’s recalcitrance to obey Iowa law. Just in time for today’s show, I received the following rulings in the mail yesterday. Ruling on Petition – November 21, 2013 Ruling on Request – November 21, 2013 If you’ll notice, the case revolves around the board’s interpretation of this sentence in Iowa Code 124.203(2): If the board finds that any substance included in schedule I does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate. The way I read it, is like this: If the board finds that any substance included in schedule I does not meet these criteria, the board shall recommend that the general assembly place the substance: (1) in a different schedule; or (2) remove the substance from the list of controlled substances, as appropriate. I do not read “as appropriate” to negate the word “shall” in this sentence as the board is trying to do. I read it as discretion to pick one of the two options.
Posted on: Mon, 25 Nov 2013 01:41:53 +0000
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