Senate Bill sb0446

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    Florida Senate - 2004                                   SB 446

    By Senator Margolis





    35-88A-04

  1                      A bill to be entitled

  2         An act relating to the sale of products

  3         containing ephedrine; amending s. 499.033,

  4         F.S.; prohibiting the sale or delivery of

  5         products containing ephedrine over the counter

  6         without a prescription, subject to certain

  7         exceptions; providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 499.033, Florida Statutes, is

12  amended to read:

13         499.033  Ephedrine; prescription required.--Ephedrine

14  is declared to be a prescription drug.

15         (1)  Except as provided in subsection (2), a person may

16  not sell or deliver over the counter without a prescription

17  any product that contains any quantity of ephedrine or

18  ephedra, a salt of ephedrine, an optical isomer of ephedrine,

19  or a salt of any optical isomer of ephedrine. Any product that

20  contains any quantity of ephedrine or ephedra, a salt of

21  ephedrine, an optical isomer of ephedrine, or a salt of an

22  optical isomer of ephedrine may be dispensed only upon the

23  prescription of a duly licensed practitioner authorized by the

24  laws of the state to prescribe medicinal drugs.

25         (2)  A product containing ephedrine described in

26  paragraphs (a)-(e) is exempt from subsection (1) if it may

27  lawfully be sold over the counter without a prescription under

28  the federal act; is labeled and marketed in a manner

29  consistent with the pertinent United States Food and Drug

30  Administration Over-the-Counter Tentative Final or Final

31  Monograph; and is manufactured and distributed for legitimate

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    Florida Senate - 2004                                   SB 446
    35-88A-04




 1  medicinal use in a manner that reduces or eliminates the

 2  likelihood of abuse, when considered in the context with:  the

 3  package sizes and the manner of packaging of the drug product;

 4  the name and labeling of the product; the manner of

 5  distribution, advertising, and promotion of the product; the

 6  duration, scope, health significance, and societal cost of

 7  abuse of the particular product; the need to provide medically

 8  important ephedrine-containing therapies to the public for

 9  United States Food and Drug Administration approved

10  indications on an unrestricted, over-the-counter basis; and

11  other facts as may be relevant to and consistent with public

12  health and safety.

13         (a)  Solid oral dosage forms that combine active

14  ingredients in the following ranges for each dosage unit:

15         1.  Theophylline (100-130mg), ephedrine (12.5-24mg).

16         2.  Theophylline (60-100mg), ephedrine (12.5-24mg),

17  guaifenesin (200-400mg).

18         3.  Ephedrine (12.5-25mg), guaifenesin (200-400mg).

19         4.  Phenobarbital (not greater than 8mg) in combination

20  with the ingredients of subparagraph 1. or subparagraph 2.

21         (b)  Liquid oral dosage forms that combine active

22  ingredients in the following ranges for each (5ml) dose:

23         1.  Theophylline (not greater than 45mg), ephedrine

24  (not greater than 36mg), guaifenesin (not greater than 100mg),

25  phenobarbital (not greater than 12mg).

26         2.  Phenylephrine (not greater than 5mg), ephedrine

27  (not greater than 5mg), chlorpheniramine (not greater than

28  2mg), dextromethorphan (not greater than 10mg), ammonium

29  chloride (not greater than 40mg), ipecac fluid extract (not

30  greater than 0.005ml).

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    Florida Senate - 2004                                   SB 446
    35-88A-04




 1         (c)  Anorectal preparations containing less than 5

 2  percent ephedrine.

 3         (d)  Nasal decongestant compounds, mixtures, or

 4  preparations containing 0.5 percent or less ephedrine.

 5         (e)  Any drug product containing ephedrine that is

 6  marketed pursuant to an approved new drug application or legal

 7  equivalent under the federal act.

 8         (3)  The department may administer implement this

 9  section by rule.

10         Section 2.  This act shall take effect July 1, 2004.

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13                          SENATE SUMMARY

14    Prohibits the sale or delivery of products containing
      ephedrine over the counter without a prescription.
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