SRC-DBM C.S.S.B. 656 76(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 656
By: Wentworth
Health Services
3/17/1999
Committee Report (Substituted)


DIGEST 

Currently, ephedrine is approved by the U.S. Food and Drug Administration
for nonprescription and over-the-counter drug sales as a bronchodilator for
asthma sufferers.  Many states have become concerned about the misuse of
certain products containing ephedrine and marketed as stimulants, appetite
suppressants, and muscle enhancers.  C.S.S.B. 656 would create an offense
for the transfer of certain products containing ephedrine to a person 17
years of age or younger. 

PURPOSE

As proposed, C.S.S.B. 656 would create an offense for the transfer of
certain products containing ephedrine to a person 17 years of age of
younger. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Health in
SECTION 1 (Section 481.1365(c), Chapter 481D, Health and Safety Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 481D, Health and Safety Code, by adding Section
481.1365, as follows: 

Sec. 481.1365.  OFFENSE:  TRANSFER OF PRODUCT CONTAINING EPHEDRINE.
Provides that a person commits an offense if the person knowingly sells,
transfers, or otherwise furnishes a product containing ephedrine to a
person 17 years of age or younger. Sets forth the exceptions to the offense
of selling, transferring, or otherwise furnishing a product containing
ephedrine to a person 17 years of age or younger, including when a product
is a formulation in a solid dose form, including soft gelatin caplets, that
combines certain active ingredients; an anorectal preparation containing
less than five percent epehedrine; a nasal decongestant preparation
containing not more than 0.5 percent ephedrine; or a drug product marketed
under an approved new drug application under the Federal Food, Drug, and
Cometic Act (21 U.S.C. Section 301 et seq.), as amended.  Provides that an
offense under this section is a Class C misdemeanor, unless it is shown at
the trial that the defendant has been previously convicted of an offense
under this section, in which case the offense is a Class B misdemeanor.
Requires a product containing ephedrine that is not described in
Subsection(a)(3) of this section to be labeled in accordance with rules
adopted by the Texas Department of Health to indicate that sales to minors
are prohibited. 

SECTION 2.  Effective date: September 1, 1999.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

 Amends Chapter 481D, Health and Safety Code, by adding Section 481.1365,
regarding an offense, and the transfer of product containing ephedrine.