318-B:11 Preparations Exempted. –
I.
Not Dependence Forming or of Sustaining Character. The department of health and human services may by rule exempt from the application of this chapter, to such extent as it determines to be consistent with the public welfare, pharmaceutical preparations found by the department of health and human services after due notice and hearing:
(a) Either to possess no physiological or psychological dependence forming or sustaining character, or to possess physiological or psychological dependence forming or sustaining character not sufficient to warrant imposition of all the requirements of this chapter, and,
(b) Not to permit recovery of the minute quantity of a controlled drug from the pharmaceutical preparation having such a physiological or psychological dependence forming or sustaining character, with such relative technical chemical separation simplicity and degree of quantitative yield as to create a risk of improper use.
II.
Exempt Under Federal Law. In exercising the authority granted in paragraph I, the commissioner of the department of health and human services by rule and without special findings, may grant exempt status to such pharmaceutical preparations as are or may be determined to be exempt under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and regulations and permit the administering, dispensing, or selling of such preparations under the same conditions as permitted by the Comprehensive Drug Abuse Prevention and Control Act of 1970 and regulations and the federal food and drug laws and regulations.
III.
Revocation. If the department of health and human services shall find after due notice and a hearing, as required by RSA 318-B:1, VI, that any exempt pharmaceutical preparation does possess a degree of physiological or psychological dependence character that results in material abusive use, it shall by designation publish, once each week for 3 successive weeks, the findings in a newspaper of general circulation in the state. The findings shall be effective, and the exempt status shall cease to apply to such pharmaceutical preparation, 7 days after the date of the publication of the findings. The suspension procedure specified in RSA 318-B:1, VI, shall also apply to such exempt preparation after the hearing date.