Bill Text: HI SB1321 | 2013 | Regular Session | Introduced

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Bill Title: Identification; Merchants; Policy; Controlled Substances

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2013-02-07 - The committee on PSM deferred the measure. [SB1321 Detail]

Download: Hawaii-2013-SB1321-Introduced.html

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THE SENATE	S.B. NO.	1321
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to IDENTIFICATION.

 

 

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

 

     SECTION 1.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§481B-    Acceptable forms of identification for purchases and returns; notifications.  (a)  Any merchant who requires a form of identification for purchases or returns shall accept the following forms of identification:

     (1)  State-issued driver's license;

     (2)  State-issued civil identification cards;

     (3)  Government-issued picture identification cards; or

     (4)  Passport.

     (b)  All merchants shall post conspicuous signs bearing their identification policies and the list of acceptable forms of identification pursuant to subsection (a)."

     SECTION 2.  Section 329-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  It is unlawful for any person:

     (1)  Who is subject to part III to distribute, administer, prescribe, or dispense a controlled substance in violation of section 329-38 or rules authorized under section 329-31; however, a licensed manufacturer or wholesaler may sell or dispense a controlled substance to a master of a transpacific ship or a person in charge of a transpacific aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft when not in port; provided schedule I or II controlled substances shall be sold to the master of such ship or person in charge of such aircraft only in accordance with the provisions set forth in 21 Code of Federal Regulations, sections 1301, 1305, and 1307, adopted pursuant to Title 21, United States Code, section 821;

     (2)  Who is a registrant to manufacture a controlled substance not authorized by the registrant's registration or to distribute or dispense a controlled substance not authorized by the registrant's registration to another registrant or another authorized person;

     (3)  To refuse or fail to make available, keep, or furnish any record, notification, order form, prescription, statement, invoice, or information in patient charts relating to the administration, dispensing, or prescribing of controlled substances;

     (4)  To refuse any lawful entry into any premises for any inspection authorized by this chapter;

     (5)  Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter or chapter 712, part IV;

     (6)  Who is a practitioner or pharmacist to dispense a controlled substance to any individual not known to the practitioner or pharmacist, except under the following circumstances:

         (A)  When dispensing a controlled substance directly to an individual, the practitioner or pharmacist shall first obtain and document, in a log book or an electronic database, the full name, identification number, identification type, and signature, whether by actual signature or by electronic signature capture device, of the individual obtaining the controlled substance.  If the individual does not have any form of proper identification, the pharmacist shall verify the validity of the prescription and identity of the patient with the prescriber, or their authorized agent, before dispensing the controlled substance; and

         (B)  For mail order prescriptions, the practitioner or pharmacist shall not be subject to subparagraph (A); provided that all other requirements of chapter 329 shall apply and that the practitioner or pharmacist, as part of the initial registration process of an individual in a mail order prescription drug plan and prior to the controlled substance being dispensed, shall obtain all identification information, including the full name, identification number, identification type, signature, and a photocopy of a form of proper identification of the individual obtaining the controlled substance.  The practitioner or pharmacist shall also comply with other requirements set forth by rule.

          For the purpose of this section, "proper identification" means government-issued identification containing the photograph, printed name, identification number, and signature of the individual obtaining the controlled substance[;] or government-issued work identification containing the photograph and printed name of the individual obtaining the controlled substance;

     (7)  Who is a practitioner to predate or pre-sign prescriptions to facilitate the obtaining or attempted obtaining of controlled substances; or

     (8)  Who is a practitioner to facilitate the issuance or distribution of a written prescription or to issue an oral prescription for a controlled substance when not physically in the State."

     SECTION 2.  Section 481B-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Except as provided in this section, all merchants shall accept the return of goods for refund, merchandise credit, or exchange, giving purchasers rights that are no less than those provided in this section.  The merchant may:

     (1)  Choose one of the following policies by posting a conspicuous sign notifying purchasers of any one of the following limitations:

         (A)  Refunds only;

         (B)  Refunds or merchandise credit only;

         (C)  Exchanges or merchandise credit only; or

         (D)  No refunds, merchandise credits, or exchanges; and

     (2)  Place specific limitations on the policy adopted by posting a conspicuous sign notifying the purchasers of any limitations allowed by subsections (c), (d), (e), and (f)[.]; provided that any merchant who requires some form of identification for returns shall comply with section 481B-   ."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Identification; Merchants; Policy; Controlled Substances

 

Description:

Establishes acceptable forms of identification for merchants if required for purchases or returns.  Requires merchants to post their identification policies, if any, and list acceptable forms of identification.  Adds government-issued work identification to "proper identification" requirement when a practitioner or pharmacist dispenses a controlled substance to any individual not known to the practitioner or pharmacist.

 

 

 

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