S.B. 349 & 350: FIRST ANALYSIS ANABOLIC STEROIDS BILL ANALYSIS Senate Fiscal Agency Lansing, Michigan 48909 • (517)373-5383 RECEDED MAR 2 1 W wicn. fttote Law U^n» Senate Bills 349 and 350 (as passed by the Senate) Sponsor: Senator William Faust Committee: Health Policy Date Completed: 2-12-90 RATIONALE Whether the athletic arena is a high school Health Code to include any androgenic football program, a neighborhood gymnasium, anabolic steroid, human growth hormone, CO or a professional football league, some athletes or related compound within the list of involved in those programs illegally use controlled substances designated in the androgenic anabolic steroids merely to increase Code as a Schedule 2 drug. Senate Bill muscle mass and strength in order to enhance 350 would create an act to require to their overall performance. Androgenic "athletic service providers'' to post a •Co CM (masculinizing) anabolic (muscle-building) warning notice, as prescribed in the bill, On steroids have been found to promote tissue regarding the use or sale of anabolic O growth, and have been prescribed legitimately steroids; specify where these notices for the treatment of certain anemias, hereditary would have to be placed; provide angioedema, and certain cases of breast cancer. penalties for violation of the bill; and, Some athletes, however, are using steroids or authorize the Department of Public O human growth hormones illegally, because of Health (DPH) to promulgate rules to their reputed muscle-building qualities, as a implement the bill. quick way to achieving bigger muscles and athletic success. The misuse of steroids Senate Bill 349 reportedly carries with it the risk of serious side effects, including stunted bone growth, The controlled substances to be designated a liver disorders, kidney damage, stroke, heart Schedule 2 drug would include, but not be attack, psychosis, and sterility. In order to limited to, the following: clostebol, combat steroid abuse and the illegal sale of dehydrochlormethyl testosterone, ethylestrenol, these substances, some people believe that methandrostenolone, methenolone, androgenic anabolic steroids and human growth methyltestosterone, fluoxymesterone, hormones should be designated Schedule 2 mesterolone, nandrolone, nandrolone decanoate, substances under the Public Health Code and nandrolone phenpropionate, norethandrolone, notices warning of the illegal use or sale of oxandrolone, oxymesterone, human growth these substances should be posted in athletic releasing hormone, dromostanolone, facilities frequented by athletes. oxymetholone, stanozolol, somatotropin, testosterone, testosterone cypionate, CONTENT testosterone enanthate, testosterone propionate, and testosterone-like related compounds. Senate Bill 349 would amend the Public Page 1 of 4 (The Code characterizes a Schedule 2 drug as growth. a substance that has a high potential for abuse; has accepted medical use in treatment in this Posting of the Notice country, or currently accepted medical use with severe restrictions; and the abuse of which An athletic services provider would be required could lead to severe psychic or physical to place the notice conspicuously in the dependence.) following locations: MCL 333.7214 ~ If the facility were an educational athletic facility or a sports facility, in Senate Bill 350 each locker room of that facility. ~ If the facility were a recreational athletic Warning Notice facility, near each entrance and in each locker room of that facility. An "athletic services provider", meaning a person who owned or operated an "educational Penalties athletic facility", "a recreational facility", or a "sports facility", would be required to place the A person who violated the bill would be warning notice in a form prescribed by the responsible for a civil violation, and would be Department in each facility owned or operated fined up to $50. A person who violated the bill by that provider. after he or she was notified of the violation in writing by the DPH would be responsible for a The notice would have to contain a warning civil violation, and would be fined up to $50 for that Michigan law provided that it was illegal each day that the violation continued after the to participate in the unlawful sale, use, notice was issued. possession, or exchange of anabolic steroids, testosterone, or human growth hormone. The Definitions notice also would have to include the following maximum penalties under Michigan law (which "Educational athletic facility" would mean a are applicable to other Schedule 2 drugs): facility, other than a sports facility, that was owned or operated by an educational institution — Manufacture or delivery: felony; (public or private secondary school, trade imprisonment for seven years, a $5,000 school, vocational school, community or junior fine, or both. college, college, or university) and that was — Possession: felony; imprisonment for two used or intended to be used for maintaining or years, a $2,000 fine, or both. enhancing the aerobic condition or physical — Possession on school property by a strength of one or more individuals, or for person 18 years of age or older: felony; athletic competition between two or more imprisonment for four years, a $4,000 individuals. fine; or both. — Use: misdemeanor; imprisonment for one "Recreational athletic facility" would mean a year, a $1,000 fine, or both. facility other than an educational athletic — Distribution or delivery by an adult to a facility or sports facility that was used or minor three or more years younger than intended to be used for one or more of the the adult: felony; imprisonment for 14 following: maintaining or enhancing the aerobic years, a $5,000 fine, or both. condition or physical strength of one or more individuals, if a fee or other consideration were In addition, the notice would have to include directly or indirectly charged to that person for the following potential side effects resulting use of that facility; and, athletic competition from use of these substances: atrophy of the between two or more persons, if a fee or other testicles, sterility, acne, stroke, psychosis, consideration were directly or indirectly charged addiction, enlarged breasts, impotence, hair to those individuals for use of that facility. loss, kidney damage, cardiovascular disease, high blood pressure, withdrawal, heart attack, "Sports facility" would mean a facility used or high blood cholesterol, and stunted bone intended to be used for the public display of Page 2 of 4 athletic competitions. Senate Bill 350 FISCAL IMPACT The bill would have an indeterminate fiscal Senate Bill 349 impact on the State General Fund. The magnitude and direction of the impact would The bill would have an indeterminate fiscal depend on the number of civil violations, the impact on State and local government. degree and cost of enforcement, and the Increased costs for testing and analyzing number of fines levied. steroids would be realized by the Department of State Police. The costs would depend on the ARGUMENTS number and type of samples tested. Information concerning the cost of doing these Supporting Argument tests is not available at this time. The possible side effects of using androgenic anabolic steroids can be severe and can result The bill also would result in an indeterminate in sterility; liver disorders; cardiovascular expenditure increase for the Department of disorders, such as elevated blood pressure and Corrections. The amount of the increase would coronary disfunction; central nervous system depend on the number of persons on whom a disorders, such as dizziness, fatigue, tremors, prison sentence was imposed for manufacture and depression; gastrointestinal disorders, such or delivery (up to seven years' imprisonment), as kidney tumors and kidney toxicity; and, possession (up to two years' imprisonment), negative psychological effects, such as severe possession on school property by a person 18 mood swings and aggressive behavior. In some years of age or older (up to four years' cases, the effects of steroid abuse have resulted imprisonment), use (up to one year's in death from heart attacks and suicide. imprisonment) and distribution or delivery by Despite these health risks, some athletes have an adult to a minor three or more years resorted to the use of steroids to increase . younger than the adult (up to 14 years' muscle mass and strength in the belief that ' imprisonment). If a court imposed a prison their size and performance will be enhanced. sentence for one of those provisions, the State This nonmedical, and illegal, use of steroids is would experience an increased cost of $22,600 growing among athletes who can obtain per offender annually, based on FY 1989-90's steroids through the black market or through average cost. An imposition of the maximum athletic trainers, coaches, and physicians who sentence would result in the State's incurring illegally distribute the drug to athletes who are the following total prisoner care and custody bent on winning at all costs. Some reports costs: estimate that more than 1 million American athletes may be using steroids, and, according - Manufacture or delivery: $190,400 to the U.S. Food and Drug Administration, the ($22,600 year 1, adjusted for 5% inflation illegal sale of steroids totals more than $100 annually years 2-7). million a year. One method for combating the -- Possession: $46,330 ($22,600 + illegal use of these potentially damaging drugs $23,730). would be to educate the users~athletes~of the ~ Possession