Bill Text: HI HB1703 | 2012 | Regular Session | Introduced

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Bill Title: Underserved Areas; Mobile Pharmacy Vehicles

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-18 - (H) Referred to HLT, CPC, referral sheet 1 [HB1703 Detail]

Download: Hawaii-2012-HB1703-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1703
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to underserved areas.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that many individuals living in underserved or remote areas of Hawaii need improved access to medications and pharmacy services.  A mobile pharmacy vehicle that is able to visit these rural areas on a regularly scheduled basis and provide pharmacy services and dispense low-cost prescription medications would help to resolve the dual problem of access to prescription drugs and pharmacists for low-income populations in isolated areas of the State.  The legislature intends for mobile pharmacy vehicles contemplated by this Act to complement, not replace, the remote dispensing pharmacies under section 461-10.5, Hawaii Revised Statutes.

     The purpose of this Act is to permit the operation of mobile pharmacy vehicles by a licensed pharmacy or pharmacist.

     SECTION 2.  Chapter 461, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§461-A  Mobile pharmacy vehicle; operations.  (a)  A mobile pharmacy vehicle shall be under the direct supervision of a registered pharmacist employed by the responsible pharmacy who shall:

     (1)  Ensure that the mobile pharmacy vehicle is in compliance with all laws and rules governing the practice of pharmacy;

     (2)  Ensure that the mobile pharmacy vehicle is appropriately staffed by a qualified registered pharmacist; and

     (3)  Be responsible for the integrity of the drugs dispensed from the mobile pharmacy vehicle and ensure that drugs are provided to the mobile pharmacy vehicle only from the responsible pharmacy.

     (b)  A mobile pharmacy vehicle shall:

     (1)  Be effectively secured to prevent unauthorized access at all times and limit entry to authorized personnel only;

     (2)  Be connected via live computer link, video link, and audio link to the responsible pharmacy through the information technology system of the responsible pharmacy;

     (3)  Conspicuously display:

         (A)  A copy of the license of the responsible pharmacy; and

         (B)  A copy of the license of the registered pharmacist in charge of the mobile pharmacy vehicle; and

     (4)  Have a confidential area available for communication between the patient and the registered pharmacist in charge of the mobile pharmacy vehicle.

     (c)  A mobile pharmacy vehicle shall only operate in an underserved area of the State; provided that no mobile pharmacy vehicle shall operate within a ten mile radius of any pharmacy as defined under section 461-1.

     (d)  A mobile pharmacy vehicle shall not provide medications to patients with health insurance coverage, except for:

     (1)  Patients covered by QUEST;

     (2)  Patients served at a facility operated by a health maintenance organization regulated pursuant to chapter 432D; or

     (3)  Patients residing on an island without a pharmacy or in an underserved area without an existing pharmacy within a ten mile radius.

     (e)  Each mobile pharmacy vehicle shall be operated by only one responsible pharmacy.  A responsible pharmacy may operate more than one mobile pharmacy vehicle.

     (f)  Records of prescriptions filled at the mobile pharmacy vehicle shall be maintained at the responsible pharmacy and shall be distinguishable from the records of prescriptions filled at the responsible pharmacy.

     (g)  The board shall adopt rules pursuant to chapter 91 for the purposes of this section and section 461-B.

     (h)  This section shall not apply to mobile medical clinics.

     (i)  As used in this section,

     "Mobile medical clinic" means a motor vehicle retrofitted for exclusive use as a medical office or clinic for medical services licensed under chapter 321.

     "Underserved area" means a geographic region within the State designated by the Secretary of the United States Department of Health and Human Services under Title 42 United States Code Section 254e, as a primary medical care health professional shortage area.

     §461-B  Permit for operation of mobile pharmacy vehicle.  (a)  It shall be unlawful for any person to operate, maintain, open, or establish any mobile pharmacy vehicle within the State without having first obtained a permit or prior notification from the board.

     (b)  Application for permits and notifications shall be made on a form prescribed by the board.  Separate applications shall be made, and separate permits and notifications issued, for each separate place at which is carried on any of the operations for which a permit or notification is required.

     (c)  On evidence satisfactory to the board, a permit or notification shall be issued; provided that:

     (1)  The mobile pharmacy vehicle for which the permit or notification is sought is or will be in full compliance with this chapter and rules of the board;

     (2)  The locations and appointments of the mobile pharmacy vehicle are such that it can be operated and maintained without endangering the public health or safety; and

     (3)  The mobile pharmacy vehicle shall be under the personal and immediate supervision of a registered pharmacist.

     (d)  An application for a permit shall be refused for noncompliance with this section only after notice to the applicant and a full and fair hearing.

     (e)  To operate a mobile pharmacy vehicle, a responsible pharmacy shall submit to the board the following information:

     (1)  A completed form prescribed by the board;

     (2)  The name, address, and permit number of the responsible pharmacy;

     (3)  The name and license number of the registered pharmacist in charge of the responsible pharmacy;

     (4)  The proposed routes or locations where the mobile pharmacy vehicle will be operated;

     (5)  A vehicle floor plan of the mobile pharmacy vehicle;

     (6)  The mobile pharmacy vehicle's:

         (A)  Make, year, and model;

         (B)  Vehicle identification number; and

         (C)  License and registration numbers;

     (7)  The date the mobile pharmacy vehicle will begin operations;

     (8)  A description of the mobile pharmacy vehicle's security system;

     (9)  A description of the mobile pharmacy vehicle's computer link, video link, and audio link; and

    (10)  Photographs of the mobile pharmacy vehicle, including the security system, computer link, video link, audio link, and confidential-communications area.

An applicant or permit holder's failure to notify the board in writing within thirty days of any changes to the information described in paragraphs (1) to (10) or failure to comply with this chapter shall be considered a violation of this chapter and shall result in disciplinary action against the pharmacist in charge and the responsible pharmacy.

     (f)  Permits issued under this section may be closed upon written request from the holder of the permit.  The board shall approve all requests by the holder for closure of a permit.  Once the closure is approved, the holder of the closed permit shall be required to reapply as a new applicant."

     SECTION 3.  Section 461-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Mobile pharmacy vehicle" means a motor vehicle retrofitted and equipped for exclusive use in the practice of pharmacy and dispensation of prescription drugs and that is staffed by a registered pharmacist."

     2.  By amending the definition of "responsible pharmacy" to read:

     ""Responsible pharmacy" means a pharmacy that operates a remote dispensing machine or mobile pharmacy vehicle located in this State and holds a valid permit issued by the board pursuant to section 461-14[.] or section 461-B, as applicable."

     SECTION 4.  Section 461-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Responsible pharmacy" means a pharmacy that operates a mobile pharmacy vehicle located in this State and holds a valid permit issued by the board pursuant to section 461-B."

     SECTION 5.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon approval; provided that:

     (1)  Section 2 of this Act shall take effect on January 1, 2013; and

     (2)  Section 4 of this Act shall take effect on January 3, 2014.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Underserved Areas; Mobile Pharmacy Vehicles

 

Description:

Authorizes the use of mobile pharmacy vehicles to provide pharmacy services in underserved areas of the State.  Establishes requirements for permitting the operation of a mobile pharmacy vehicle.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.