77th Legislative Session _ 2002

Committee: Senate Health and Human Services
Wednesday, January 30, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Diedtrich (Elmer)
P    Ham
P    McIntyre
P    Staggers
P    Sutton (Dan)
P    Olson (Ed), Vice-Chair
P    Albers, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Ken Albers, Chair.

MOTION:     TO APPROVE THE MINUTES OF JANUARY 28, 2002.

Moved by:    Diedtrich (Elmer)
Second by:    McIntyre
Action:    Prevailed by voice vote.

         HB 1163: require social workers to include background checks in home study reports and to prohibit adoptions by persons convicted of certain crimes.

Presented By:    Rep. Van Etten, Dist. 33
Proponents:    Virgena Wieseler, Pierre, DSS
Opponents:    None

MOTION:     DO PASS HB 1163

Moved by:    Ham
Second by:    Staggers
Action:    Prevailed by roll call vote.(7-0-0-0)



Voting Yes:    Diedtrich (Elmer), Ham, McIntyre, Staggers, Sutton (Dan), Olson (Ed), Albers

         SB 143: exempt ephedrine from the controlled drugs and substances schedule under certain circumstances.

Proponents:    Richard Gregerson, Sioux Falls, AHPA
        Wes Siegner, Sr., Washington, DC, AHPA (Handout “A”)
        Nancy A. Bukar, Washington, DC, CHPA
Opponents:    Kevin Forsch, Pierre, SD DOH (Handout “B”)
        Mary Carpenter, MD., Winner, SDSMA
        Bob Riter, Pierre, SD Pharmacists Assn.
        Loren Pankratz, Sioux Falls, Sioux Valley Hospitals & Health System
        Rep. Carol Pitts, Brookings, Dist. 7, self

MOTION:     AMEND SB 143

143ra
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. No product containing ephedrine may be considered a controlled substance if the product is a food product or dietary supplement that meets all of the following criteria:

             (1)    It contains, per dosage unit or serving, not more than the lesser of twenty-five milligrams of ephedrine alkaloids or the maximum amount of ephedrine alkaloids provided in applicable regulations adopted by the United States Food and Drug Administration, and no other controlled substance;

             (2)    It contains no hydrochloride or sulfate salts of ephedrine alkaloids;

             (3)    It is packaged with a prominent label securely affixed to each package that states all of the following: the amount in milligrams of ephedrine alkaloids in a serving or dosage unit; the amount of the food product or dietary supplement that constitutes a serving or dosage unit; that the maximum recommended dosage of ephedrine alkaloids for a healthy adult human is the lesser of one hundred milligrams in a twenty-four hour period for not more than twelve weeks or the maximum recommended dosage or period of use provided in applicable regulations adopted by the United States Food and Drug Administration; and that improper use of the product may be hazardous to a person's health.

     Section 2. No person may dispense, sell, or otherwise give a product containing ephedrine as described in section 1 of this Act to any person under eighteen years of age. However, this section

does not apply to a physician or pharmacist who dispenses, sells, or otherwise gives a product containing ephedrine as described in section 1 of this Act to a person under eighteen years of age, to a parent or guardian of a person under eighteen years of age who dispenses, sells, or otherwise gives a product of that nature to the person under eighteen years of age, or to a person who, as authorized by a minor's parent or legal guardian, dispenses, sells, or otherwise gives a product of that nature to that minor.

     Section 3. No person in the course of selling, offer for sale, or otherwise distributing a product containing ephedrine as described in section 1 of this Act may advertise or represent in any manner that the product causes euphoria, ecstasy, a buzz or high or an altered mental state; heightens sexual performance; or, because it contains ephedrine alkaloids, increases muscle mass."


Moved by:    Olson (Ed)
Second by:    Staggers
Action:    Prevailed by voice vote.

MOTION:     DEFER SB 143 TO THE 36TH LEGISLATIVE DAY

Moved by:    Ham
Second by:    Diedtrich (Elmer)
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    Diedtrich (Elmer), Ham, McIntyre, Sutton (Dan), Olson (Ed), Albers

Voting No:    Staggers

         HB 1132: establish a Children's Mental Health Task Force.

Presented By:    Rep. Michels, Yankton, Dist. 18
Proponents:    Sen. Greenfield, Dist. 6
        Terry Dosch, Pierre, SD Council of Mental Health Center (Handout “A”)
        Cory Nelson, Yankton, DHS
        Susan Randall, Sioux Falls, SD Coalition for Children
        Robert Kean, Pierre, SD Advocacy Services
        Shelly Pfaff, Pierre, SDCCD
Opponents:    None

MOTION:     DO PASS HB 1132

Moved by:    McIntyre
Second by:    Ham


Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Diedtrich (Elmer), Ham, McIntyre, Staggers, Sutton (Dan), Olson (Ed), Albers

MOTION:     ADJOURN

Moved by:    Sutton (Dan)
Second by:    Diedtrich (Elmer)
Action:    Prevailed by voice vote.

Beverly Jennings

____________________________

Committee Secretary                            Kenneth D. Albers, Chair


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