An Act To Prevent the Use of Performance-enhancing Substances by Maine Student Athletes State Mandate
Maine Legislature, Session 122, LD 1952
Committee Amendment CA_A_S479 (Senate)
Amends: 5 MRSA §20005

COMMITTEE AMENDMENT itA" to S.P. 749, L.D. 1952, Bill, "An 
Act To Prevent the Use of Performance-enhancing Substances by 
Maine Student Athletes" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 5 MRSA §20005, sub-§§19 and 20, as enacted by PL 1993, 
c. 410, Pt. LL, §10, are amended to read: 
19. 
Fiscal and program accountability. 
Enhance its current 
efforts to ensure fiscal 
and program accountability for 
the 
services it purchases and provides; aaa 
20. 
Review policies. 
Review the full 
range of public 
policies and strategies existing in State Government to identify 
changes that would strengthen its response, 
identify policies 
that might discourage excessive consumption of alcohol and other 
drugs 
and 
generate 
new 
funding 
for 
alcohol 
and other 
drue; 
services ... ; and 
Sec. 2. 5 MRSA §20005, sub-§21 is enacted to read: 
21. 
List 
of 
banned 
performance enhancing 
substances. 
Develop 
and maintain 
a 
list of banned 
performance-enhancing 
substances in accordance with Title 20-A, section 6621. 
COMMITTEE AMENDMEI'JT 
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COMMITTEE AMENDMENT "A" to S.P. 749, L.D. 1952 
Sec.3. 20-A MRSA c. 223, sub-c. 7-B is enacted to read: 
SQBCBAP"I'ER 7 -B 
PERFORMAHCE-EHBAlfCIBG SUBSTANCES 
§6621. 
Performance-enhancing substances 
1. 
List of banned substances. 
By January L 
2007 
the 
Director of the Office of Substance Abuse within the Department 
of Health and Hwnan Services, known in this subchapter as "the 
director," shall develop a list of banned performance-enhancing 
substances. 
The list must include, but is not limited to. the 
following: 
A. 
Ephedrine; 
B. 
Synephrine. also known as bitter orange; 
C. 
Dehydroepiandrosterone; 
D. 
All dietary supplements as defined by 21 United States 
Code, 
Section 321. 
Subsection <ff) that are on a 
banned 
substance 
list 
maintained 
by 
the 
National 
Collegiate 
Athletic Association or the World Anti-Doping Agency or 
their successor organizations; and 
E. 
All other substances that are on a banned substance list 
maintained by the National Collegiate Athletic Association 
or 
the 
World 
Anti-Doping 
Agency 
or 
their 
successor 
organizations except for: 
(1) 
A substance that is otherwise illegal in this 
State; or 
(2) 
A substance the use of which by minors is illegal 
in this State. 
2. 
Amendments to list. 
The director shall amend the banned 
substances 
list 
each 
time 
a 
dietary 
supplement 
or 
other 
substance 
referenced in subsection 1, paragraph D or E is added 
to the list of banned substances maintained by the National 
Collegiate Athletic Association or the World Anti-Doping Agency 
or 
their 
successor 
organizations. 
For 
a 
substance 
to 
be 
prohibited under section 6624 in a particular school year ( the 
substance must be added to the banned substances list maintained 
under this section no later than July 1st preceding that school 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 749, L.D. 1952 
3. 
Notification. 
The director shall notify the department, 
the Maine School Management Association and the Maine Principals' 
Association or their successor organizations when the initial 
list of banned substances is complete 
and of any subseguent 
changes to the list. The department shall notify all school 
administrative units that have students who participate in sports 
of the availability of the list. 
The director shall post the 
list on its publicly accessible website. 
§6622. Awareness 
The department shall reguest assistance from a 
sta~ewide 
organization of principals in distributing information regarding 
the 
dangers 
associated with performance-enhancing substances. 
Each school administrative unit shall review its drug and alcohol 
policies 
and 
update 
such 
policies 
to 
address 
the 
use 
of 
performance-enhancing substances. 
§6623. 
Marketing 
A teacher, athletic director, sports coach or other school 
official or employee 
may 
not sell, distribute or promote 
a 
performance-enhancing substance on the list of banned substances 
developed and maintained under section 6621. 
A school may not 
accept 
a 
sponsorship 
from 
a 
manufacturer 
of 
a 
performance-enhancing substance on the list of banned substances. 
A person who violates this section is subject to sanctions as 
determined by the governing body with statutory 
powers 
and 
duties for the school administrative unit in which that person is 
employed or serving in a coaching or other official capacity. 
§6624. 
Prohibition on use 
A student participating in interscholastic sports may not 
use 
a 
performance-enhancing substance 
on the list of banned 
substances 
developed 
and 
maintained 
under 
section 
6621. 
A 
student who violates this section is subject to sanctions as 
determined by the governing body with statutory powers and duties 
for the school administrative unit in which that student is 
enrolled. ' 
SUMMARY 
This 
amendment 
requires 
the Director of 
the Office of 
Substance 
Abuse 
within 
the 
Department 
of 
Health 
and 
Human 
Services to notify the Maine School Management Association and 
the 
Maine 
Principals' 
Association 
of 
the 
initial 
banned 
performance-enhancing substances list and changes to that list. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A .. to S.P. 749, L.D. 1952 
It requires the Department of Education to notify all school 
administrative units with students who participate in sports of 
the list. 
The bill required the notification for schools with 
students 
in 
grades 
to 
12. 
The 
amendment 
removes 
the 
requirement that the Department of Education provide training for 
sports 
coaches, 
athletic 
directors 
and 
physical 
education 
teachers. 
Instead it requires the Department of Education to 
request assistance from a statewide organization of principals in 
distributing information regarding the dangers associated with 
performance-enhancing 
substances 
and 
requires 
school 
administrative 
units 
to 
update 
their 
policies 
concerning 
performance-enhancing substances. 
It clarifies that a 
person 
violating provisions 
relating to 
banned performance-enhancing 
substances is subject to sanctions in accordance with local 
policies. 
This 
amendment 
removes 
the 
proposed 
requirement 
that 
students participating in interscholastic sports be required to 
sign a form stating that they will not use banned substances. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/01106 ;;/JIJ?ac:... 
LD 1952 
LR2785(02) 
An Act To Prevent the Use of Performance-enhancing Substances by Maine Student Athletes 
State Mandate 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Current Cost - State Mandate 
New or Expanded Activity 
Unit Affected 
Costs 
Requiring school administrative units to review and update their drug and alcohol 
School 
Insignificant 
policies to address the use of performance-enhancing substances is a State mandate. 
The additional local costs is not expected to be significant. Unless General Fund 
appropriations are provided to fund at least 90% of the additional costs or a Mandate 
Preamble is amended to the bill and two-thirds of the members of each House vote 
to exempt this mandate from the funding requirement, local school administrative 
units may not be required to implement these changes. 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services in implementing this bill can be absorbed 
utilizing existing budgeted resources. Additional costs to the Department of Education associated with notifying 
school administrative units of the availability of the list of banned performance-enhancing substances can be absorbed 
within existing budgeted resources. 
LR2785(2) - Fiscal Note - Page 1 of 1