BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 514 (Simitian)
          
          Hearing Date: 05/23/2011        Amended: 05/10/2011
          Consultant: Jolie Onodera       Policy Vote: Public Safety 6-0
          
















































          _________________________________________________________________
          ____
          BILL SUMMARY: SB 514 would make it an infraction, punishable by 
          a fine up to $250, for any person, corporation, or retail 
          distributor in an over-the-counter sale to knowingly supply, 
          deliver, or give possession of a non-prescription drug 
          containing any amount of dextromethorphan (DXM) to a person 
          under 18 years of age. This bill provides that a seller of DXM 
          shall use, if feasible, a cash register with a feature directing 
          the person selling the product to obtain proof that the 
          purchaser is at least 18 years of age.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           
          Reduced health care    Unknown; potentially 
          significantFed/General/Local
          costs                  cost savings

          Sales tax loss         Unknown; sales tax revenue loss ofGeneral
                                 $50 per $1,000 in retail sales to minors

          New infraction         Unknown; non-reimbursable local  Local
                                 enforcement costs offset to a minor
                                 degree by fine revenue
          _________________________________________________________________
          ____

          STAFF COMMENTS: This bill may meet the criteria for referral to 
          the Suspense File. 

          Dextromethorphan (DXM) is the active ingredient found in many 
          over-the-counter cough and cold medications. DXM is found in 
          more than 140 brand-name products such as Coricidin, Robitussin, 
          and NyQuil, and are sold over-the-counter in grocery stores, 
          pharmacies, and other retail outlets. Individuals who abuse DXM 
          in excessive amounts refer to DXM as robo-tripping, skittling, 
          dex, or candy. While safe when taken at the recommended dosage, 
          products containing DXM can produce "hallucinations and 
          dissociative, outofbody experiences when taken in larger 
          amounts. The California Poison Control System (CPCS) reports 
          that DXM has been the most commonly abused substance reported in 
          abuse calls received over the past decade from patients aged 
          6-17 years.








          SB 514 (Simitian)
          Page 3 


          This bill prohibits the sale of a non-prescription drug 
          containing DXM to a minor. Any person, corporation, or retail 
          distributor that knowingly supplies, delivers, or gives 
          possession of any product containing DXM to a minor is guilty of 
          an infraction punishable by a fine of up to $250. The creation 
          of a new crime will result in non-reimbursable local enforcement 
          costs offset to a minor degree by fine revenue.


          Statistics from the CPCS indicate that of the 228 cases of DXM 
          abuse reported by minors in 2010:
                 71 percent were treated in an emergency room;
                 4 percent were admitted to the hospital intensive care 
               unit;
                 4 percent were admitted to the hospital in a 
               non-critical care unit;
                 6 percent refused referral to a hospital;
                 2 percent were treated at home; 
                 13 percent were lost to follow up.

          It should be noted that calls to the CPCS do not constitute the 
          universe of DXM abuse cases. There are likely a number of minors 
          who abuse DXM but do not come to the attention of the CPCS. 
          Based on this information, to the extent the prohibition of 
          sales of DXM to minors results in fewer cases of abuse and 
          subsequent medical care, there would be potentially significant 
          future health care cost savings. The amount of publicly-funded 
          health care costs incurred for treating minors specific to DXM 
          abuse is unknown, but could be significant.

          Prohibiting the sale of over-the-counter products containing DXM 
          to minors would also reduce the level of retail sales of these 
          products, resulting in lost sales tax revenue to the State. For 
          every $1 million in retail sales of DXM to minors, there would 
          be a sales tax revenue loss of $50,000. However, data for sales 
          to minors of products containing DXM are not tracked separately 
          by the Board of Equalization, so the estimated loss of sales tax 
          revenue from reduced sales of DXM to minors is unknown. 

          Prior Legislation. AB 1853 (Simitian) 2004 and SB 307 (Simitian) 
          2006 were substantially similar to this measure. AB 1853 died on 
          the Assembly inactive file. SB 307 was introduced but not heard 
          in committee. 









          SB 514 (Simitian)
          Page 4