June 16 - Sacramento, CA - Senator Jackie Speier amended SB 582 to exempt "licensed health care practitioners" at the request of CAOMA and organizations representing other health care professions.

The amendment exempts "licensed health care practitioners" from the total ban on the sale and distribution of dietary supplement products containing ephedrine group alkaloids, it also states that "Article 4 (commencing with Section 110423) shall apply." Since we already have a similar exemption under Article 4, which sets labeling and retail standards for ephedrine-containing products, there are concerns that the author may be intending to remove those exemptions in a future amendment. Pending further explanation, we may not be able to drop our opposition.

Amendments (underlined)

SENATE BILL No. 582

The people of the State of California do enact as follows:

SECTION 1. Article 4.5 (commencing with Section

110423.100) is added to Chapter 4 of Part 5 of Division 104 of the

Health and Safety Code, to read:

Article 4.5. Ephedrine Group Alkaloids

110423.100. Notwithstanding Article 4 (commencing with

Section 110423), the sale or distribution of any dietary supplement

products containing ephedrine group alkaloids is prohibited.

110423.101. This article shall not apply, but Article 4

(commencing with Section 110423) shall apply, to either of the

following:

(a) A licensed health care practitioner who is practicing

within his or her scope of practice and who prescribes or dispenses,

or both, dietary supplement products containing ephedrine group

alkaloids in the course of the treatment of a patient under the

direct care of the licensed health care practitioner.

(b) Dietary supplement products containing ephedrine

group alkaloids that are sold or distributed directly to a licensed

health care practitioner when the dietary supplement product

containing ephedrine group alkaloids is used solely for the purpose

of the treatment of patients under the direct care of the health

care practitioner.

SEC. 2. No reimbursement is required by this act pursuant to

Section 6 of Article XIII B of the California Constitution because

the only costs that may be incurred by a local agency or school

district will be incurred because this act creates a new crime or

infraction, eliminates a crime or infraction, or changes the penalty

for a crime or infraction, within the meaning of Section 17556 of

the Government Code, or changes the definition of a crime within

the meaning of Section 6 of Article XIII B of the California

Constitution.

More information on SB 582