DEXTROMETHORPHAN; REGULATE                                                        H.B. 4412 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

House Bill 4412 (Substitute S-1 as reported)

Sponsor:  Representative Bronna Kahle

House Committee:  Health Policy

                             Ways and Means

Senate Committee:  Health Policy and Human Services

CONTENT

The bill would amend Part 177 (Pharmacy Practice and Drug Control) of the Public Health Code to do the following:

-- Prohibit a person from knowingly or willfully selling or trading a finished drug product containing any quantity of dextromethorphan to a minor.

-- Prohibit a minor from purchasing a finished drug product containing any quantity of dextromethorphan.

-- Require a person making a retail sale of a finished drug product containing any quantity of dextromethorphan to obtain proof of age from the purchaser before completing the sale.

-- Preempt any county, city, village, or township ordinance regulating the sale, distribution, receipt, or possession of dextromethorphan.

-- Prescribe fines and penalties for violations of the proposed prohibitions.

-- Specify that the bill would not apply to a medication containing dextromethorphan that was sold pursuant to a valid prescription.

The bill would take effect on July 1, 2020.

Proposed MCL 333.17766g                                        Legislative Analyst:  Tyler VanHuyse

FISCAL IMPACT

The bill would have a minor negative fiscal impact on the Department of Licensing and Regulatory Affairs. The administrative costs associated with enforcement likely would increase by a minor but unknown amount; however, existing appropriations could be sufficient to fund these activities. Any revenue from imposed fines would go to local libraries.

Date Completed:  10-4-19                                         Fiscal Analyst: Elizabeth Raczkowski

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.