By:  Wentworth                                         S.B. No. 656
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the transfer of certain products containing ephedrine
 1-2     to a person 17 years of age or younger; creating an offense.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter D, Chapter 481, Health and Safety
 1-5     Code, is amended by adding Section 481.1365 to read as follows:
 1-6           Sec. 481.1365.  OFFENSE:  TRANSFER OF PRODUCT CONTAINING
 1-7     EPHEDRINE.  (a)  A person commits an offense if the person
 1-8     knowingly sells, transfers, or otherwise furnishes a product
 1-9     containing ephedrine to a person 17 years of age or younger,
1-10     unless:
1-11                 (1)  the actor is:
1-12                       (A)  a practitioner or other health care provider
1-13     licensed by this state; or
1-14                       (B)  the parent, guardian, or managing
1-15     conservator of the person to whom the product is furnished;
1-16                 (2)  the person to whom the product is furnished has
1-17     had the disabilities of minority removed for general purposes under
1-18     Chapter 31, Family Code; or
1-19                 (3)  the product is:
1-20                       (A)  a formulation in a solid dosage form that
1-21     combines active ingredients in the following ranges for each
1-22     recommended dose:
 2-1                             (i)  ephedrine, its salts, optical isomers,
 2-2     or salts of optical isomers not to exceed 12.5 milligrams combined
 2-3     with at least 200 milligrams guaifenesin; or
 2-4                             (ii)  ephedrine, its salts, optical
 2-5     isomers, or salts of optical isomers not to exceed 25 milligrams
 2-6     combined with at least 400 milligrams guaifenesin;
 2-7                       (B)  a formulation in a liquid oral dosage form
 2-8     that combines active ingredients in the following ranges for each
 2-9     five milliliter dose:
2-10                             (i)  dextromethorphan hydrobromide in an
2-11     amount not greater than 10 milligrams;
2-12                             (ii)  chlorpheniramine maleate in an amount
2-13     not greater than 2 milligrams;
2-14                             (iii)  ephedrine hydrochloride in an amount
2-15     not greater than 5 milligrams;
2-16                             (iv)  phenylephrine in an amount not
2-17     greater than 5 milligrams;
2-18                             (v)  ammonium chloride in an amount not
2-19     greater than 40 milligrams; or
2-20                             (vi)  ipecac fluid extract in an amount not
2-21     greater than 0.005 milliliters;
2-22                       (C)  an anorectal preparation containing less
2-23     than five percent ephedrine;
2-24                       (D)  a nasal decongestant preparation containing
2-25     not more than .5 percent ephedrine; or
2-26                       (E)  a drug product marketed under an approved
 3-1     new drug application under the Federal Food, Drug, and Cosmetic Act
 3-2     (21 U.S.C. Section 301 et seq.), as amended.
 3-3           (b)  An offense under this section is a Class C misdemeanor,
 3-4     unless it is shown on the trial of the offense that the defendant
 3-5     has been previously convicted of an offense under this section, in
 3-6     which event the offense is a Class B misdemeanor.
 3-7           SECTION 2.  This Act takes effect September 1, 1999.