By: Seliger S.B. No. 1026
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the sale of dextromethorphan to
minors; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
amended by adding Chapter 487 to read as follows:
CHAPTER 487. OVER-THE-COUNTER SALES OF DEXTROMETHORPHAN
Sec. 487.001. DEFINITIONS. (a) In this chapter:
(1) "Board" means the Texas State Board of Pharmacy.
(2) "Dextromethorphan" means any compound, mixture,
or preparation containing any detectable amount of that substance,
including its salts, optical isomers, and salts of optical isomers.
(3) "Sale" includes a conveyance, exchange, barter, or
trade.
(b) A term that is used in this chapter but is not defined by
Subsection (a) has the meaning assigned by Section 481.002 if the
term is defined in that section.
Sec. 487.002. NONAPPLICABILITY. (a) This chapter does not
apply to the sale of any product dispensed or delivered by a
pharmacist according to a prescription issued by a practitioner for
a valid medical purpose and in the course of professional practice.
(b) This chapter does not require a business establishment
to:
(1) keep specific records of transactions covered by
this chapter; or
(2) store dextromethorphan in a specific location in a
business establishment or otherwise restrict the availability of
dextromethorphan to customers.
Sec. 487.003. DISTRIBUTION TO MINORS PROHIBITED;
PREREQUISITE TO SALE. (a) A business establishment shall not
dispense, distribute, or sell dextromethorphan to a customer under
18 years of age.
(b) Before dispensing, distributing, or selling
dextromethorphan over the counter, a business establishment must
require the customer obtaining the drug to display a driver's
license or other form of identification containing the customer's
photograph and indicating that the customer is 18 years of age or
older, unless from the customer's outward appearance the person
making the sale may reasonably presume the customer to be 25 years
of age or older.
Sec. 487.004. VIOLATION; CIVIL PENALTY. (a) The board
shall issue a warning to a business establishment for a first
violation of this chapter.
(b) After receiving a warning for the first violation under
Subsection (a), a business establishment is liable to the state for
a civil penalty of:
(1) $150 for the second violation; and
(2) $250 for each subsequent violation.
(c) It is a defense in an action brought under this section
that the person to whom the dextromethorphan was dispensed,
distributed, or sold presented to the business establishment
apparently valid proof of identification.
(d) A proof of identification satisfies the requirements of
Subsection (c) if it contains a physical description and photograph
consistent with the person's appearance, purports to establish that
the person is 18 years of age or older, and was issued by a
governmental agency. The proof of identification may include a
driver's license issued by this state or another state, a passport,
or an identification card issued by a state or the federal
government.
Sec. 487.005. RULES. The board may adopt rules to implement
this chapter.
SECTION 2. The change in law made by this Act applies only
to a transaction at a business establishment that occurs on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2015.