H. B. 2072

(By Delegate Love)
[Introduced February 10, 1993; referred to the
Committee on Education then the Judiciary.]

A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-a; to amend article two, chapter sixty-a of said code by adding thereto a new section, designated section two hundred fourteen; and to amend article four of said chapter by adding thereto a new section, designated section four hundred nine, all relating to educational programs in relation to the prevention of abuse of anabolic steroids; prohibiting the use of steroids; and criminal penalties for dispensing, manufacturing, possessing or selling anabolic steroids.

Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine- a; that article two, chapter sixty-a of said code be amended byadding thereto a new section, designated section two hundred fourteen; and that article four of said chapter be amended by adding thereto a new section, designated section four hundred nine, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-9a. School board to prohibit steroid use; educational requirements and penalties for violation.

(a) The state board of education shall prescribe, adopt and enforce rules to prohibit the use of anabolic steroids, except for a valid medical purpose, by any person or pupil involved in school related athletics. Body building, muscle enhancement, increasing muscle bulk or strength or the enhancement of athletic ability is not a valid medical purpose.
(b) The board shall prescribe the following minimum penalties for any person or pupil found in violation of the rules required under this section:
(1) For a first violation, (A) counseling and treatment with medical supervision and suspension from school athletics and intramural or extracurricular sports, or (B) if the person or pupil volunteers that they are in violation, counseling and treatment with medical supervision and appropriate warnings that suspension from school athletics and intramural or extracurricular sports will result upon continued violation: Provided, That no such suspension may be enforced upon a first violation under this section;
(2) For a second violation, suspension from school athletics and intramural or extracurricular sports for a period of four months; and
(3) For a third violation, permanent suspension from school athletics and intramural or extracurricular sports.
No student is eligible to resume participation in school athletics unless there has been a medical determination that no evidence of steroids or performance-enhancing drugs exists. The board may require participation in any drug counseling, rehabilitation, testing or other program as a condition of reinstatement into a school athletic program. A student who uses anabolic steroids or other performance-enhancing drugs is ineligible for interscholastic athletic competition until such time as medical evidence can be presented that the student's system is free of anabolic steroids or other performance enhancing drugs and no such drug use is continuing.
(c) County boards of education shall provide instruction in relation to the prevention of abuse of anabolic steroids in grades seven though twelve and shall include such instruction in science, health, drug abuse, physical education or other appropriate courses of study. Such instruction shall emphasize that the use of anabolic steroids and performance-enhancing drugs presents a potential health hazard to persons who use steroids to enhance athletic performance or physical development. Nothing in this article prevents school districts or county boards of education from initiating instruction at an earlier grade level. The state board of education may assist in the development of instructional materials and teacher training in relation to steroid abuse prevention. The department of health and human resources shall make available information about appropriate curriculum materials upon request of any county board of education.
All county boards of education shall include instruction regarding the dangers of anabolic steroids in conjunction with any other drug and alcohol program required by law.

CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.

ARTICLE 2. STANDARDS AND SCHEDULES.

§60A-2-214. Schedule VI.

Anabolic steroid includes any material, compound, mixture or preparation that includes any of the following or any isomer, ester, salt or derivative of any of the following that acts in the same manner on the human body:
The term anabolic steroid means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth including, but not limited to:
(1) boldenone;
(2) chlorotestosterone;
(3) clostebol;
(4) dehydrochlormethyltestosterone;
(5) dihydrotestosterone;
(6) drostanolone;
(7) ethylestrenol;
(8) fluxymesterone;
(9) formobulone;
(10) mesterolone;
(11) methandienone;
(12) methandranone;
(13) methandriol;
(14) methandrostenolone;
(15) methenolone;
(16) methyltestosterone;
(17) mibolerone;
(18) nandrolone;
(19) norethandrolone;
(20) oxandrolone;
(21) oxymesterone;
(22) oxymetholone;
(23) stanolone;
(24) stanozolol;
(25) testolactone;
(26) testosterone;
(27) trenvolone;
(28) Any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth; and
(29) Any synthetic chemical or compound which promotesmuscle growth and which is being taken other than pursuant to ongoing medical supervision to compensate for a natural deficiency or to assist in normal healing and physical development.

ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-409. Prohibited acts; possession, sale, manufacturing or dispensing of anabolic steroid; and criminal penalties.

(a) Any person who possesses, other than a physician or pharmacist, more than ten doses labeled as a dispensed prescription or more than three trade packages of any anabolic steroids listed in section two hundred fourteen, article two of this chapter, is guilty of a felony, and shall, upon conviction thereof, be sentenced and imprisoned for a period not to exceed one year or fined not more than twenty-five hundred dollars or both fined and imprisoned. For conviction of a second or subsequent offense, such person shall be imprisoned not more than five years or fined not more than twenty-five thousand dollars or both fined and imprisoned.
(b) The sale or manufacturing by any person, other than a physician or pharmacist, of any anabolic steroid listed in section two hundred fourteen, article two of this chapter, or the possession with intent to deliver, or give away is a felony, and such person shall, upon conviction thereof, be sentenced and imprisoned for a period not to exceed three years or fined not more than five thousand dollars or both fined and imprisoned. For conviction of a second or subsequent offense, such person shall be imprisoned not more than five years or fined not more than twenty-five thousand dollars or both fined and imprisoned.
(c) No physician, or other person may dispense, inject or prescribe an anabolic steroid for the purpose of hormonal manipulation intended to increase muscle mass, strength, weight or for the intended purpose of improving performance in any form of exercise, sport or game without a medical necessity to do so. The state board of medicine is authorized to promulgate rules providing specific periods of license suspension or revocation for dispensing, injecting or prescribing anabolic steroids in violation of this section. Every prescription or dispensation of an anabolic steroid shall state the purpose for which the drug is prescribed.

NOTE: The purpose of this bill is to require school boards and school districts to provide instruction concerning the prevention of abuse of anabolic steroids in grades 7 through 12. The state board of education may assist in the development of instructional materials and teacher training providing for instructional programs relating to steroid abuse. Also the bill requires school boards to prohibit the use of steroids by persons or pupils involved in athletics. The bill also creates the offense of anabolic steroid trafficking; exempts lawful dispensing, administration, manufacture or delivery of anabolic steroids; requires penalties for dispensing or any unauthorized use; and makes any violation a felony.

§18-2-9a, §60A-2-214 and §60A-4-409 are new; therefore, strike-throughs and underscoring have been omitted.