By:  Capelo                                                       H.B. No. 3121



A BILL TO BE ENTITLED

AN ACT

relating to making ephedrine and plant materials containing 
ephedrine alkaloids Schedule V controlled substances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The Commissioner shall, under his authority 
pursuant to Health and Safety Code Title 6, Chapter 481, the Texas 
Controlled Substances Act, section 481.032, Schedules, add to 
Schedule V stimulants, ephedrine.  Such addition shall include the 
following requirements:
		(2)  Ephedrine, including plant materials that are 
processed containing naturally occurring ephedrine alkaloids.  
Excluded are the following formulations:
			(a)  Solid dosage forms that combine active 
ingredients in the following ranges for each recommended dose:  
ephedrine, its salts, isomers or salts of isomers not to exceed 12.5 
milligrams (mg) combined with at least 200 mg of guiafenesin; 
ephedrine, its salts, isomers or salts of isomers not to exceed 25 
mg combined with at least 400 mg guiafenesin;
			(b)  Liquid oral dosage forms that combine active 
ingredients in the following ranges for each 5 milliliter (ml) 
dose:  dextromethorphan HBr (not more than 10 mg), chlorpheniramine 
maleate (not more than 2 mg), ephedrine HCl (not more than 5 mg), 
phenylephrine (not more than 5 mg), ammonium chloride (not more 
than 40 mg), ipecac fluidextract (not more than 0.005 ml);
			(c)  Anorectal preparations containing less than 
5.0% ephedrine;    
			(d)  Nasal decongestant preparations containing 
0.5% or less ephedrine; and
			(e)  Any ephedrine-containing drug product that 
is marketed pursuant to an approved new drug application under the 
Federal Food, Drug, and Cosmetic Act.
	SECTION 2.  This Act takes effect September 1, 2003.  The 
Commissioner shall adopt rules to implement this Act by January 31, 
2004.