1-1     By:  Wentworth                                         S.B. No. 656
 1-2           (In the Senate - Filed February 23, 1999; February 25, 1999,
 1-3     read first time and referred to Committee on Health Services;
 1-4     March 22, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 22, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 656                 By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the transfer of certain products containing ephedrine
1-11     to a person 17 years of age or younger; creating an offense.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter D, Chapter 481, Health and Safety
1-14     Code, is amended by adding Section 481.1365 to read as follows:
1-15           Sec. 481.1365.  OFFENSE:  TRANSFER OF PRODUCT CONTAINING
1-16     EPHEDRINE.  (a)  A person commits an offense if the person
1-17     knowingly sells, transfers, or otherwise furnishes a product
1-18     containing ephedrine to a person 17 years of age or younger,
1-19     unless:
1-20                 (1)  the actor is:
1-21                       (A)  a practitioner or other health care provider
1-22     licensed by this state; or
1-23                       (B)  the parent, guardian, or managing
1-24     conservator of the person to whom the product is furnished;
1-25                 (2)  the person to whom the product is furnished has
1-26     had the disabilities of minority removed for general purposes under
1-27     Chapter 31, Family Code; or
1-28                 (3)  the product is:
1-29                       (A)  a formulation in a solid dosage form,
1-30     including soft gelatin caplets, that combines active ingredients
1-31     that include 400 milligrams of guaifenesin and 25 milligrams of
1-32     ephedrine or its salts or optical isomers, per dose, according to
1-33     label instructions;
1-34                       (B)  an anorectal preparation containing less
1-35     than five percent ephedrine;
1-36                       (C)  a nasal decongestant preparation containing
1-37     not more than 0.5 percent ephedrine; or
1-38                       (D)  a drug product marketed under an approved
1-39     new drug application under the Federal Food, Drug, and Cosmetic Act
1-40     (21 U.S.C. Section 301 et seq.), as amended.
1-41           (b)  An offense under this section is a Class C misdemeanor
1-42     unless it is shown on the trial of the offense that the defendant
1-43     has been previously convicted of an offense under this section, in
1-44     which event the offense is a Class B misdemeanor.
1-45           (c)  A product containing ephedrine that is not described in
1-46     Subsection (a)(3) must be labeled in accordance with rules adopted
1-47     by the Texas Department of Health to indicate that sale to persons
1-48     17 years of age or younger is prohibited.
1-49           SECTION 2.  This Act takes effect September 1, 1999.
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