PURPOSE: The Department of Health is authorized to except by rule any compound, mixture or preparation containing any stimulant or depressant substance if one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system is included to negate the potential for abuse. The compounds, mixtures and preparations excluded are listed in this rule. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. Excluded Nonnarcotic Products

Trade Name

Theophed Nasal decongestant/ inhaler/vapor Guiaphed Elixir Tedrigen Tablets Choate’s Leg Freeze Tedral Tedral Elixir Tedral S.A. Tedral Suspension Asma-Ese Azma-Aids Benzedrex Bronkolixir Bronkotabs Vicks Inhaler Primatene (P-tablets) NDC Code

00719-1945

00182-1377 00182-0134

00071-0230 00071-0242 00071-0231 00071-0237 00349-2018 00367-3153 49692-0928 00057-1004 00057-1005 23900-0010 00573-2940

1. (1) Excepted Stimulant or Depressant Compounds—Exempt Prescription Products. The listed drugs in dosage unit form and any other drug of the quantitative composition shown in Part 1300 to end of Title 21, the Code of Federal Regulations, April 1998 or which is the same except that it contains a lesser quantity of controlled substances or other substances which do not have a stimulant, depressant or hallucinogenic effect and which are restricted by law to dispensing or prescription, are excepted from the provisions of sections 195.030, 195.040, 195.050 and 195.100, RSMo as provided for in section 195.017.6(5) and .8(3), RSMo. The rules of the Drug Enforcement Administration, 21 CFR Part 1300 to the end of Title 21, are hereby incorporated by reference and made a part of this rule.
2. (2) Excepted Chemical Preparations—Exempt Chemical Preparations. The listed preparations in unit form and any other preparation of the quantitative composition shown in Part 1300 to end of Title 21, the Code of Federal Regulations, April 1998 which is the same except that it contains a lesser quantity of controlled substances or other substances which do not have a stimulant, depressant or hallucinogenic effect are excepted from the provisions of sections 195.030, 195.040, 195.050 and 195.110, RSMo as provided for in section 195.017.6(5) and .8(3), RSMo. The rules of the Drug Enforcement Administration, 21 CFR Part 1300 to the end of Title 21, are hereby incorporated by reference and made a part of this rule.

AUTHORITY: section 195.195, RSMo 1994.* Material found in this rule previously filed as 19 CSR 30-1.020. Original rule filed April 14, 2000, effective Nov. 30, 2000. *Original authority: 195.195, RSMo 1957, amended 1971, 1989, 1993.