Bill Text: HI HB1700 | 2012 | Regular Session | Introduced
Bill Title: Health Care Institutions; Sale of Tobacco Products; Pharmacies; Penalties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-18 - (H) Referred to HLT, JUD, referral sheet 1 [HB1700 Detail]
Download: Hawaii-2012-HB1700-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1700 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE SALE OF TOBACCO PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds it a matter of concern that pharmacies, as health care institutions, provide smoking cessation products and other health-promoting items and yet also provide tobacco products. In response to the well-recognized health consequences that arise from the continued use of tobacco products, a few cities in the United States, such as Boston and San Francisco, have banned the sale of tobacco products by or at health care institutions, including pharmacies.
The purpose of this Act is to prohibit the sale of tobacco products by or at health care institutions, including pharmacies.
SECTION 2. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§328J- Sale of tobacco products by health care institutions prohibited. (a) The sale of tobacco products by a health care institution or a retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, is prohibited.
(b) Notwithstanding any other provision of this chapter to the contrary, any person who violates this section shall be fined:
(1) $200 for a first violation;
(2) $700 for a second violation within twenty-four months of the date of the first violation; and
(3) $1,000 for a third or any additional violation within twenty-four months of the date of the preceding violation.
Each day on which a violation of this section occurs shall be considered a separate and distinct violation.
(c) In addition to the fines established in subsection (b), repeated violations of this section by a person who owns, manages, operates, or otherwise controls any place or facility designated by this section shall be grounds for the suspension or revocation of any permit or license to operate as a health care institution or pharmacy issued to the person or the place for the premises on which the violation occurred.
(d) Any fines or fees collected under this section shall be used for the enforcement of this section or for educational programs on the harmful effects of tobacco, or both.
(e) As used in this section:
"Health care institution" means an individual, partnership, association, corporation, trust, or any person or group of persons that provides health care services and employs health care providers licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. "Health care institution" includes hospitals, clinics, health centers, pharmacies, drug stores, and doctors' and dentists' offices.
"Retail establishment" means any store that sells goods or articles of personal services to the public.
"Sell" or "sale" means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic in.
"Tobacco products" means tobacco in any form that is prepared or intended for consumption or for personal use by humans, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Health Care Institutions; Sale of Tobacco Products; Pharmacies; Penalties
Description:
Prohibits the sale of tobacco products by any health care institution, including pharmacies, and any retail establishment that operates or has a health care institution within it. Provides penalties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
