Bill Text: HI SB2030 | 2022 | Regular Session | Amended
Bill Title: Relating To Prescription Drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-10 - Referred to HHH, CPC, referral sheet 24 [SB2030 Detail]
Download: Hawaii-2022-SB2030-Amended.html
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THE SENATE |
S.B. NO. |
2030 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRESCRIPTION DRUGS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:
"§329- Opioid prescription drugs; naloxone; when prescribed. (a) Notwithstanding any other law, when prescribing an opioid or benzodiazepine medication to a patient, a prescriber, shall do the following:
(1) Offer the
patient a prescription for naloxone hydrochloride or another drug approved by
the United States Food and Drug Administration for the complete or partial
reversal of opioid-induced respiratory depression when one or more of the
following conditions are present:
(A) The
prescription dosage for the patient is ninety or more morphine milligram
equivalents of an opioid medication per day;
(B) An
opioid medication is prescribed within one year from the date a prescription
for benzodiazepine has been dispensed to the patient; or
(C) The
patient presents with an increased risk for opioid overdose, including a
patient with a history of opioid overdose, a patient with a history of opioid
use disorder, or a patient at risk for returning to a high dose of opioid
medication to which the patient is no longer tolerant;
(2) Consistent with
the existing standard of care, provide education to the patient on opioid
overdose prevention and the use of naloxone hydrochloride or another drug
approved by the United States Food and Drug Administration for the complete or
partial reversal of opioid-induced respiratory depression; and
(3) Consistent with
the existing standard of care, provide education on opioid overdose prevention
and the use of naloxone hydrochloride or another drug approved by the United
States Food and Drug Administration for the complete or partial reversal of
opioid-induced respiratory depression to one or more persons designated by the patient,
or, for a patient who is a minor, to the minor’s parent or guardian.
(b) A prescriber shall not be required to provide
the education specified in paragraphs (a)(2) or (a)(3) if the patient receiving
the prescription declines the education or has received the education within
the past twenty-four months.
(c) This section shall not apply to a prescriber
under any of the following circumstances:
(1) When
prescribing to an inmate under the jurisdiction of the department of public safety,
division of corrections; or a youth under the jurisdiction of the department of
human services;
(2) When ordering
medications to be administered to a patient while the patient is in either an
inpatient or outpatient setting;
(3) When
prescribing medications to a patient who is terminally ill; or
(4) When the prescriber
is a veterinarian or when prescribing for animals.
(d) A prescriber who fails to offer a prescription as required by subsection (a), or who fails to provide the education and use information required by paragraphs (a)(2) and (a)(3), shall be referred to the appropriate licensing board for administrative sanctions deemed appropriate by that board. This section shall not create a private right of action against the prescriber and shall not limit a prescriber's liability for the negligent failure to diagnose or treat a patient."
SECTION 2. Section 461-11.8, Hawaii Revised Statutes, is amended to read as follows:
"§461-11.8 Opioid antagonist; authority to prescribe and dispense; requirements. (a) A pharmacist, acting in good faith and exercising reasonable care, may prescribe and dispense an opioid antagonist to an individual who is at risk for an opioid overdose or a family member or caregiver of an individual who is at risk of an opioid overdose regardless of whether the individual has evidence of a previous prescription for an opioid antagonist from a practitioner authorized to prescribe opioids. The opioid antagonist prescribed and dispensed for a family member or caregiver of an individual who is at risk for an opioid overdose may be prescribed and dispensed in the name of the individual who is to be treated with the opioid antagonist or in the name of the individual who is requesting the opioid antagonist, or an "Opioid Antagonist Recipient" or "OAR".
(b) A pharmacist who dispenses a prescribed order for
a prescription drug that is an opioid shall inform the individual of the potential
dangers of a high dose of an opioid, as described by the federal Centers for Disease
Control and Prevention in the United States Department of Health and Human Services,
and offer to dispense to the individual to whom the opioid is being dispensed,
on at least an annual basis, an opiate antagonist approved by the Food and Drug
Administration for the reversal of an opioid overdose if:
(1) The individual
is, at the same time, prescribed a benzodiazepine, carisoprodol, or tramadol;
or
(2) The opioid
prescription is at or in excess of ninety morphine milligram equivalent, as
described in the guidelines of the federal Centers for Disease Control and Prevention.
This subsection shall not apply to
a pharmacist who dispenses a prescription drug to an individual who is in hospice
care, palliative care, a resident in a community living center operated by the United
States Department of Veterans Affairs, or who dispenses a medication to be administered
to a patient while the patient is in either an inpatient or outpatient setting.
[(b)] (c) A pharmacist who prescribes and dispenses opioid
antagonists pursuant to [subsection (a)] this section shall:
(1) Complete a training program related to prescribing opioid antagonists that is approved by the Accreditation Council for Pharmacy Education (ACPE), a curriculum-based program from an ACPE-accredited college of pharmacy, a state or local health department program, or a program recognized by the board;
(2) Provide the
individual who is receiving the opioid antagonist with information and written
educational material on risk factors of opioid overdose, signs of an overdose,
overdose response steps, and the use of the opioid antagonist; [and]
(3) Dispense the
opioid antagonist to the individual who is at risk for an opioid overdose, family
member, caregiver, or individual requesting the opioid antagonist for an
individual at risk for an opioid overdose as soon as practicable after the
pharmacist issues the prescription[.]; and
(4) Notify the individual who is receiving the opioid antagonist of available generic and brand-name opiate antagonists."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2050.
Report Title:
Opioids; Naloxone; Opioid Antagonist; Pharmacists; Prescribing; Dispensing
Description:
Requires a prescriber to offer a prescription of certain drugs under certain circumstances related to opioid overdose. Requires a prescriber to offer patient education under certain circumstances related to opioid overdose. Exempts veterinarians or prescriptions for animals. Requires a pharmacist who dispenses a prescription order for an opioid to notify the individual of the potential dangers of a high dose of an opioid and to offer to dispense to the individual an opioid antagonist; provided that the individual is prescribed specific opioids at specified doses. Exempts patients in hospice or palliative care, residents of veterans community living centers, patients in inpatient or outpatient care. Requires a pharmacist to notify an individual receiving an opioid antagonist of the availability of generic and brand-name opiate antagonists. Effective 1/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
