BILL ANALYSIS Ó
SB 514
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Date of Hearing: July 13, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 514 (Simitian) - As Amended: May 10, 2011
Policy Committee: Public
SafetyVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits the sale to a minor, without a prescription,
of a nonprescription drug containing dextromethorphan (DXM), a
cough suppressant in many over-the-counter cough medicines.
Specifically, this bill:
1)Makes it an infraction, punishable by a fine of up to $250,
for any person, in an over-the-counter sale, to willfully and
knowingly deliver to a person under the age of 18 years a
substance containing any quantity of DXM unless the person has
a prescription.
2)Specifies a retail clerk who fails to request identification
is not guilty of an infraction or subject to civil penalties,
unless the clerk is a willful participant in a criminal
conspiracy to violate the provisions of this bill.
3)Requires, if feasible, any person, corporation, or retail
distributor that sells DMX without a prescription, to use a
cash register equipped with an age-verification feature to
monitor age-restricted items.
FISCAL EFFECT
1)Unknown minor non-reimbursable local law enforcement costs,
offset by minor fine revenue.
2)Unknown sales tax revenue loss, likely offset in whole or part
by reduced health care costs paid for by publicly-funded
health care programs. There is no data on the prevalence of
individuals under age 18 purchasing over-the-counter products
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containing DXM or the publicly funded health care costs
related to treating such individuals.
COMMENTS
1)Rationale. According to the author, minors purchase and
consume large quantities of these products (also referred to
as robo, skittles, Vitamin D, ex, and tussin) to produce
intoxication, hallucinations and overall disturbances in
thinking, senses, and memory. When used in the doses
recommended on cough syrup and tablet packaging, DXM is an
effective cough suppressant. Taken at much higher doses,
however, it acts as a disassociative anesthetic, similar to
PCP and ketamine. At high doses, DXM is also a central nervous
system depressant.
The author states, "Ingesting too much cold medicine can be
just as hazardous as drinking too much alcohol. And it is
cheap , easy and legal for children to obtain. The California
Poison Control System reports that dextromethorphan abuse
calls have increased more than 850 percent in the last ten
years.
"This problem is serious and widespread. One in ten teenagers
say they've used DXM to get high-making it more popular than
LSD, cocaine, ecstasy or meth.
"The fact that DXM is legal and readily available
over-the-counter suggests to most young people that these
products are entirely safe. Indeed, that false sense of
security has been identified as a contributing factor in
abuse. Age specific limitations will help communicate to teens
and their parents that there are serious consequences
associated with inappropriate use."
2)Background . According to the National Library of Medicine, DMX
is used to temporarily relieve cough caused by the common
cold, the flu, or other conditions. DMX will relieve a cough
but will not treat the cause of the cough or speed recovery.
DMX is in a class of medications called antitussives and works
by decreasing activity in the part of the brain that causes
coughing. DMX is found in dozens of brand name
over-the-counter products, such as, Alka-Selzer Plus,
Dimetapp, Theraflu, Comtrex, Vicks 44, Robitussin, Tylenol
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Cold, and Triaminic. Symptoms of overdose may include: nausea,
vomiting, drowsiness, dizziness, unsteadiness, changes in
vision, difficulty breathing, fast heartbeat, hallucinating,
seizures, or coma.
3)Instances of health care facility treatment for DMX have
increased 182% in the past decade. According to the UCSF
California Poison Control System, total consultations for DMX
that received health care facility treatment increased from 67
in 2000 to 189 in 2010.
4)Opposition . The California Grocers Association cites the
difficulty of clerks reading scores of cough and cold
medications to see if they contain DMX, and the intent of the
bill to fine a store or company for what would be the actions
of a clerk. "A major issue is the absence of a
state-generated, authoritative list of products containing
DMX. Grocers would be forced to make an independent
determination regarding which products are covered by the age
restriction and which may not be. In addition, an imbalance
between penalties applicable to grocery companies and
employees who actually fail to follow the new sales
restrictions exists in the proposed statute. While employment
action would be possible should a clerk violate the sales
restrictions, the employing business would be subject to
potential legal action and opportunistic litigation despite
earnest efforts to train employees and require them to follow
the law."
5)Previous Legislation .
a) AB 1853 (Simitian), 2003-04, similar to SB 514, was
never heard on the Assembly Floor.
b) SB 307 (Simitian), 2005-06, similar to SB 514, was never
heard by Senate Public Safety Committee.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081