Texas Register September 4, 2020 Volume: 45 Number: 36

Texas Register Table of Contents

1 Governor
- - 1.0.1 Appointments
    - 1.0.1.1 Governor reappoints one member and appoints two new members to the Texas Board of Respiratory Care
2 Texas Department of State Health Services
- - 2.0.1 In Addition
    - 2.0.1.1 DSHS issues order placing controlled substances FUB-AMB into Schedule I and Lemborexant into Schedule IV
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Governor

Appointments

Governor reappoints one member and appoints two new members to the Texas Board of Respiratory Care

Appointments for August 20, 2020Appointed to the Texas Board of Respiratory Care for terms to expire February 1, 2025:Samuel L. Brown, Jr. of Marshall, Texas (replacing Joe Ann Clack of Missouri City, whose term expired); Debra E. Patrick of McKinney, Texas (Ms. Patrick is being reappointed); Hammad Nasir Qureshi, M.D. of Tomball, Texas (replacing James M. “Jim” Stocks of Tyler, whose term expired).

Texas Department of State Health Services

In Addition

DSHS issues order placing controlled substances FUB-AMB into Schedule I and Lemborexant into Schedule IV

OVERVIEWIn the capacity as Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that substance FUB-AMB be placed into schedule I and the substance lemborexant be placed into schedule IV.BACKGROUND AND JUSTIFICATION The Drug Enforcement Administration (DEA) issued a final rule placing methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (other names: FUB-AMB, MMB-FUBINACA, AMB-FUBINACA), including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, into schedule I of the Controlled Substances Act (CSA). This final rule was published in the Federal Register, Volume 85, Number 61, pgs. 17494-17497. The effective date of the final rule was March 30, 2020. This action was taken for reasons listed at 45 Tex Reg 6152. The DEA issued an interim final rule placing lemborexant, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible in schedule IV of the CSA. This rule was published in the Federal Register, Volume 85, Number 67, pages 19387-19391. The effective date of the interim final rule was April 7, 2020.Pursuant to Section 481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in the Federal Register.