Chapter 246

2005 -- H 6277 AS AMENDED

Enacted 07/08/05

A N A C T

RELATING TO EDUCATION - PERFORMANCE ENHANCING DIETARY SUPPLEMENTS

Introduced By: Representative Peter F. Kilmartin

Date Introduced: March 23, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Title 16 of the General Laws entitled "Education" is hereby amended by

adding thereto the following chapter:

CHAPTER 21.4

PERFORMANCE - ENHANCING DIETARY SUPPLEMENTS AND HIGH SCHOOL

ATHLETES

16-21.4-1. Performance – Enhancing dietary supplements. -- (a) For the purposes of

this chapter "performance-enhancing dietary supplement" means a dietary supplement designed

or marketed to improve athletic performance or physical development by promoting body or

muscle growth, stimulating or altering the cardiovascular system or the central nervous system,

altering the perception of pain, or otherwise enhancing athletic performance or physical

development above levels that would be anticipated under normal conditions with appropriate

nourishment;

(b) "Performance-enhancing dietary supplement" does not include a dietary supplement

in which the only ingredients consist of one or more of the following:

(1) Vitamins or minerals.

(2) Authorized food additives, color additives, ingredients authorized by prior sanction,

or those classified as generally recognized as safe for use in foods as defined in the federal Food,

Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), and accompanying federal regulations,

except for caffeine in excess of 200 milligrams per serving, if these ingredients are used in a

dietary supplement at the levels, and for the purposes, for which they may be used in foods.

16-21.4-2. Sponsorship by or promotion of performance – Enhancing dietary

supplement prohibited. -- (a) No teacher, athletic director, sports coach, or other school official

or employee may knowingly sell or distribute to students or knowingly promote the use by

students of any performance-enhancing dietary supplement.

(b) No high school or public or private university or college may accept any sponsorship

or other payment from a performance-enhancing dietary supplement manufacturer to promote

such manufacturer's performance-enhancing dietary supplement.

16-21.4-3. Development of list of performance – Enhancing dietary supplements. --

(a) The director of the department of health, in consultation with the commissioner of the

state department of elementary and secondary education shall develop a list of performance-

enhancing dietary supplements for the purposes of this chapter. The list shall be developed on or

before January 1, 2007, and may be amended by the director of the department of health at any

time. The director of the department of health shall submit the list to the director of the

department of elementary and secondary education on or before January 1, 2007. Upon receipt of

this list, the department of elementary and secondary education shall notify each school district

that contains grades 9 to 12, inclusive, that this list has been completed and shall post the list on

its website. Any amendments to this list shall be submitted to the department of elementary and

secondary education no later than December 31 of the year in which the amendments are made.

Upon receipt of amendments to this list, the department of elementary and secondary education

shall annually notify each school district that contains grades 9 to 12, inclusive, that this list has

been amended and shall post the amended list on its website.

(b) In developing this list, the director of the department of health shall refer to the

existing lists of prohibited substances used by collegiate, professional, or Olympic sports

organizations and shall develop the list so that it is appropriate to interscholastic sports.

16-21.4-4. Education of coaches relating to performance – Enhancing dietary

supplements. -- (a) Effective September 1, 2006, each mandatory first aid course for athletic

coaches required pursuant to section 16-11-1 shall include health information relating to

performance-enhancing dietary supplements consistent with the purposes of this chapter.

(b) For the purposes of this section, "high school sports coach" means an employee or a

volunteer who is authorized by a high school to be responsible for leading a school sports team of

pupil athletes.

completed the education requirement relating to this chapter for the remainder of his or her time

coaching at the high school level in any school district in the state.

(d) If an existing coach is unavailable to lead his or her team, a substitute coach who

does not meet the requirements of subdivision (a) may be used for no longer than one season of

interscholastic competition.

SECTION 2. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

adding thereto the following section:

11-9-21. Prohibition of sale of certain dietary supplements to minors. -- (a) It shall be

a misdemeanor for any manufacturer, wholesaler, retailer, or other person, to sell, transfer, or

otherwise furnish any of the following to a person under 18 years of age:

(1) A dietary supplement containing an ephedrine group alkaloid.

(2) A dietary supplement containing any of the following:

(A) Androstanedoil.

(B) Androstanedione.

(D) Noradrostenediol.

(E) Norandrostenedione.

(F) Dehydroepiandrosterone.

(b) The seller shall request valid identification from any individual who attempts to

purchase a dietary supplement set forth in subsection (a) if that individual reasonably appears to

the seller to be under 18 years of age.

identification pursuant to subsection (b) of this section shall not be guilty of a misdemeanor,

subject to any civil penalties, or subject to any disciplinary action or discharge by his or her

employer.

SECTION 3. This act shall take effect upon passage.

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LC02811

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