SB1436 94TH GENERAL ASSEMBLY

LRB094 10700 RXD 41099 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1436

Introduced 2/18/2005, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

New Act

Creates the Ipecac Retail Sale Control Act. Requires a retailer that sells or offers for sale ipecac in his or her store to display the ipecac behind the store counter, in an area not accessible to customers, or in a locked case so that a customer wanting access to the ipecac must ask a store employee for assistance. Prohibits a retailer from selling ipecac to any person under the age of 18. Provides certain penalties for a violation of the Act.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Ipecac Retail Sale Control Act.

Section 5. Legislative findings and purpose.

(a) Ipecac is a plant extract from the ipecacuanha scrub found in Brazil that when ingested, stimulates the central nervous system and the stomach, causing a person to vomit.

(b) Ipecac's sole purpose is to facilitate vomiting in an individual who has ingested poison or overdosed on medication.

(c) For decades, pediatricians have advised new parents to keep ipecac on hand to induce vomiting in cases of accidental poisoning. But its use has dropped dramatically in the last 15 years as toxicologists have found that it is rarely helpful. At the same time, there is growing concern about its abuse by bulimics and others with mental disorders.

(d) The misuse of ipecac can cause significant and severe medical complications and even result in death. Complications of the misuse of ipecac include, but are not limited to, cardiac arrest, cardiac arrhythmias, irreversible damage to the muscles of the heart, seizures, shock, hemorrhaging, blackouts, high blood pressure, respiratory complications, dehydration, electrolyte abnormalities, and death.

(e) A federal advisory panel has recommended taking ipecac off the list of approved over-the-counter medicines, and the American Association of Poison Control Centers and the American Academy of Pediatrics are expected to come out soon with new position statements and guidelines.

(f) The purpose of this Act is to reduce the harm that ipecac abuse is inflicting on individuals, families, and communities in Illinois by making it more difficult for a person to purchase ipecac and banning the sale of ipecac to minors.

Section 10. Definitions. In this Act:

"Customer" means a person who buys goods from a retailer.

"Ipecac" means a plant extract from the ipecacuanha scrub used to evoke vomiting, especially in cases of drug overdose or poisoning.

"Retailer" means a person who sells, or offers for sale, ipecac to a customer in this State.

Section 15. Display and sale of ipecac.

(a) A retailer that sells or offers for sale ipecac in his or her store shall display the ipecac behind the store counter, in an area not accessible to customers, or in a locked case so that a customer wanting access to the ipecac must ask a store employee for assistance.

(b) A retailer shall not sell ipecac to any person under the age of 18.

Section 20. Penalties.

(a) A retailer who violates this Act is guilty of a Class A misdemeanor.

(b) For a subsequent violation of this Act, a person is guilty of a Class 3 felony.