Report Title:

Interscholastic Athletics; Drugs, Medications, and Supplements

Description:

Requires Hawaii athletic conferences, associations, and leagues to adopt and enforce uniform rules and regulations prohibiting the use of drugs, medications, and nutritional supplements by participants in interscholastic sports, without a prescription from a licensed physician.

THE SENATE

S.B. NO.

990

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to interscholastic athletics.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the National Federation of State High School Associations recently advised its membership of a heightened level of concern about nutritional supplements. Empirical data has demonstrated widespread use of these products by persons of high school age. The products are unregulated by the Food and Drug Administration, and they may contain potentially harmful ingredients such as creatine, ephedrine, or excessive amounts of caffeine.

In 1998, the National Federation of State High School Associations' Board of Directors issued a position statement on the use of drugs, medications, and supplements by participants in interscholastic sports. The Associations' strong recommendation was then and remains unchanged today that all student-athletes and their parents or guardians should consult with their physicians before taking any supplement product. In addition, school personnel, including coaches, should not dispense any drug, medication or supplement, except with extreme caution and in accordance with state regulations and policies.

A new warning about nutritional supplements was issued by the National Federation of State High School Associations through its Sports Medicine Advisory Committee, and was intended to serve as a reminder to student-athletes, parents, and school officials. The warning reminded all interested parties that supplements in the form of pills, powder, drinks, and food sources purporting to enhance strength or endurance, or both, should be ingested, if at all, only in accordance with applicable laws and the advice of one's own health care provider. Now, because of the reported high level of supplement usage by teenagers, the National Federation of State High School Associations is asking that its warning be given increased emphasis by all concerned parties.

SECTION 2. The Big Island Interscholastic Federation, Kauai Interscholastic Federation, Maui Interscholastic League, Oahu Interscholastic Association, and Hawaii High School Athletic Association shall adopt and enforce uniform policies or rules prohibiting the use of drugs, medications, and nutritional supplements, such as creatine and ephedrine, by participants in interscholastic sports, without a prescription from a physician.

If the attorney general determines that the policies or rules for any athletic conference, association, or league in this section are subject to chapter 91, Hawaii Revised Statutes, then the adoption of the policies or rules shall not be subject to the public notice and public hearing requirements of chapter 91, Hawaii Revised Statutes. Copies of the rules shall also be filed with the board of education.

For the purposes of this Act, the term "physician" has the same meaning as defined in section 327E-2, Hawaii Revised Statutes.

SECTION 3. The following activities shall be prohibited after December 31, 2004, with respect to any athletic conference, association, or league in Hawaii that fails to adopt and enforce uniform policies or rules prohibiting the use of drugs, medications, and nutritional supplements by participants in interscholastic sports, without a prescription from a physician:

(1) Expending public moneys to support the activities of the conference, association, or league; and

(2) Utilizing work time to attend meetings of the conference, association, or league.

SECTION 4. After December 31, 2004, the board of education shall immediately withdraw its approval of the constitution and by-laws of any Hawaii athletic conference, association, or league that fails to adopt and enforce uniform rules and regulations prohibiting the use of drugs, medications, and nutritional supplements by participants in interscholastic sports, without a prescription from a physician.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2003-2004, and the same sum, or so much thereof as may be necessary for fiscal year 2004-2005, to carry out the purposes of this Act. The sums appropriated shall be expended by the department of education.

SECTION 6. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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