SENATE BILL NO. 706
September 21, 1999, Introduced by Senator STILLE and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1317. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 1317. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION 2 (2), A PUBLIC SCHOOL EMPLOYEE SHALL NOT DO ANY OF THE FOLLOWING: 3 (A) KNOWINGLY SELL, MARKET, OR DISTRIBUTE A DIETARY SUPPLE- 4 MENT THAT CONTAINS A PERFORMANCE-ENHANCING COMPOUND TO A PUPIL 5 WITH WHOM THE PUBLIC SCHOOL EMPLOYEE HAS CONTACT AS PART OF HIS 6 OR HER DUTIES AS A PUBLIC SCHOOL EMPLOYEE. 7 (B) KNOWINGLY ENDORSE OR SUGGEST THE INGESTION, INTRANASAL 8 APPLICATION, OR INHALATION OF A DIETARY SUPPLEMENT THAT CONTAINS 9 A PERFORMANCE-ENHANCING COMPOUND BY A PUPIL WITH WHOM THE PUBLIC 10 SCHOOL EMPLOYEE HAS CONTACT AS PART OF HIS OR HER DUTIES AS A 11 PUBLIC SCHOOL EMPLOYEE. 04034'99 TAV 2 1 (2) THIS SECTION DOES NOT PROHIBIT A PUBLIC SCHOOL EMPLOYEE 2 FROM DOING ANY OF THE FOLLOWING: 3 (A) PROVIDING OR ENDORSING A DIETARY SUPPLEMENT THAT CON- 4 TAINS A PERFORMANCE-ENHANCING COMPOUND TO, OR SUGGESTING THE 5 INGESTION, INTRANASAL APPLICATION, OR INHALATION OF A DIETARY 6 SUPPLEMENT THAT CONTAINS A PERFORMANCE-ENHANCING COMPOUND BY, THE 7 PUBLIC SCHOOL EMPLOYEE'S OWN CHILD. 8 (B) SELLING, MARKETING, OR DISTRIBUTING A DIETARY SUPPLEMENT 9 THAT CONTAINS A PERFORMANCE-ENHANCING COMPOUND TO, OR ENDORSING 10 OR SUGGESTING THE INGESTION, INTRANASAL APPLICATION, OR INHALA- 11 TION OF A DIETARY SUPPLEMENT THAT CONTAINS A 12 PERFORMANCE-ENHANCING COMPOUND BY, A PUPIL AS PART OF AN ACTIVITY 13 THAT MEETS ALL OF THE FOLLOWING: 14 (i) DOES NOT OCCUR ON SCHOOL PROPERTY OR AT A SCHOOL-RELATED 15 FUNCTION. 16 (ii) IS ENTIRELY SEPARATE FROM ANY ASPECT OF THE PUBLIC 17 SCHOOL EMPLOYEE'S EMPLOYMENT AS A PUBLIC SCHOOL EMPLOYEE. 18 (iii) DOES NOT IN ANY WAY INVOLVE INFORMATION ABOUT OR CON- 19 TACTS WITH A PUPIL THAT THE PUBLIC SCHOOL EMPLOYEE HAS HAD DIRECT 20 OR INDIRECT ACCESS TO THROUGH ANY ASPECT OF THE PUBLIC SCHOOL 21 EMPLOYEE'S EMPLOYMENT AS A PUBLIC SCHOOL EMPLOYEE. 22 (3) A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO THE 23 PENALTIES UNDER SECTION 1804. 24 (4) AS USED IN THIS SECTION: 25 (A) "DIETARY SUPPLEMENT" MEANS THAT TERM AS DEFINED IN SEC- 26 TION 201 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, CHAPTER 27 675, 52 STAT. 1040, 21 U.S.C. 321. 04034'99 3 1 (B) "PERFORMANCE-ENHANCING COMPOUND" MEANS A MANUFACTURED 2 PRODUCT FOR ORAL INGESTION, INTRANASAL APPLICATION, OR INHALATION 3 THAT MEETS BOTH OF THE FOLLOWING: 4 (i) CONTAINS A STIMULANT, AMINO ACID, HORMONE PRECURSOR, 5 HERB OR OTHER BOTANICAL, OR ANY OTHER SUBSTANCE THAT IS NOT AN 6 ESSENTIAL VITAMIN OR MINERAL. 7 (ii) IS INTENDED TO INCREASE ATHLETIC OR INTELLECTUAL PER- 8 FORMANCE, PROMOTE MUSCLE GROWTH, OR INCREASE AN INDIVIDUAL'S 9 ENDURANCE OR CAPACITY FOR EXERCISE. 10 (C) "PUBLIC SCHOOL EMPLOYEE" MEANS A PERSON EMPLOYED BY A 11 SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, INTERMEDIATE SCHOOL 12 DISTRICT, OR PUBLIC SCHOOL ACADEMY. 04034'99 Final page. TAV