Bill Text: HI SB2204 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 2204 (Prior Session Legislation)

Introduced

Bill Title: Prescription Drug Formulary for Non-physician Health

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-21 - (S) Referred to HTH, CPN. [SB2204 Detail]

Download: Hawaii-2010-SB2204-Introduced.html

THE SENATE	S.B. NO.	2204
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to prescriptive rights.

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

SECTION 1. Chapter 453, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§453-A Non-physician provider prescription drug formulary. (a) The Hawaii medical board shall establish, pursuant to chapter 91, a drug formulary advisory subcommittee for each non-physician health care practice whose licensed practitioners are granted prescriptive authority by law. The purpose of each subcommittee shall be to establish and publish a drug formulary for prescription, administration, or dispensing by non-physician health care providers who are granted prescriptive authority by law.

(b) There shall be established subcommittees representing:

(1) Naturopathic physicians;

(2) Advanced practice registered nurses with prescriptive authority;

(3) Pharmacists;

(4) Physician assistants; and

(5) Any other licensed profession that is granted prescriptive authority by law.

(1) Five persons licensed as members of the profession represented by the subcommittee and appointed by the statutorily-designated governing body of the profession;

(2) One person appointed by the Hawaii medical board; and

(3) One person licensed as a pharmacist and appointed by the board of pharmacy.

(c) A drug formulary advisory subcommittee shall recommend the applicable formularies for each respective non-physician health care profession whose members are authorized by law to prescribe, administer, or dispense prescription drugs. The Hawaii medical board shall consider the recommendations of the drug formulary subcommittee in adopting a formulary for the respective health care profession. The drug formularies established pursuant to this section shall be adopted by the Hawaii medical board in accordance with chapter 91.

"453-B Physician assistant; prescriptive authority. A physician assistant shall be authorized to prescribe, administer, or dispense only those prescription drugs that are included on the physician assistant drug formulary established by the Hawaii medical board pursuant to section 453-A."

SECTION 2. Section 329-1, Hawaii Revised Statutes, is amended by amending the definition of "practitioner" to read as follows:

""Practitioner" means:

(1) A physician, dentist, veterinarian, scientific investigator, non-physician health care professional with prescriptive authority, or other person licensed and registered under section 329-32 to distribute, dispense, or conduct research with respect to a controlled substance in the course of professional practice or research in this State;

(2) An advanced practice registered nurse with prescriptive authority licensed and registered under section 329-32 to prescribe and administer controlled substances in the course of professional practice in this State; and

(3) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State."

SECTION 3. Section 455-1, Hawaii Revised Statutes, is amended by amending the definition of "naturopathic formulary" to read as follows:

""Naturopathic formulary" means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, hormones, and those legend drugs consistent with naturopathic medical practice[.] as established by the Hawaii medical board pursuant to section 453-A."

SECTION 4. Section 455-6, Hawaii Revised Statutes, is amended to read as follows:

"§455-6 Powers and authority of the board. In addition to any other powers and duties authorized by law, the board may:

(1) Adopt and use a seal to be affixed to all official acts of the board;

(2) Adopt, amend, or repeal rules in accordance with chapter 91 to carry out the purposes of this chapter; provided that all rules shall be approved by the governor and the director of commerce and consumer affairs; and provided further that the rules:

(A) May forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(B) Shall establish standards of practice, care, and ethics; and

(C) Shall establish the education and training requirements for parenteral therapy and the standards to administer parenteral therapy, and establish examination standards and require the passage of an examination on minor office procedures, which standards and requirements shall take effect after December 31, 2009;

(3) Develop standards for licensure;

(4) Issue, renew, suspend, and revoke licenses and fine licensees;

(5) Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;

(6) Maintain a record of its proceedings;

[~~(7)~~ ~~Annually establish and publish a naturopathic formulary that has been approved by the board for prescription, administration, or dispensing by naturopathic physicians;~~] and

(8) Do all things necessary to carry out the functions, powers, and duties set forth in this chapter."

SECTION 5. Section 455-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other actions authorized by law, the board shall have the power to deny, revoke, suspend, or refuse to renew any license to practice naturopathic medicine applied for or issued by the board in accordance with this chapter, and to fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:

(1) Procuring, or aiding or abetting in procuring, a criminal abortion;

(2) Employing any person to solicit patients;

(3) Obtaining a fee on the assurance that a manifestly incurable disease can be permanently cured;

(4) Betraying a patient's confidence;

(5) Making any untruthful and improbable statement in advertising one's naturopathic practice or business;

(6) False, fraudulent, or deceptive advertising;

(7) Being habituated to the excessive use of drugs or alcohol; or being addicted to, dependent on, or an habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects;

(8) Practicing naturopathic medicine while the ability to practice is impaired by alcohol, drug, physical disability, or mental instability;

(9) Procuring a license through fraud, misrepresentation, or deceit or knowingly permitting an unlicensed person to perform activities requiring a license;

(10) Professional misconduct or gross carelessness or manifest incapacity in the practice of naturopathic medicine;

(11) Conduct or practice contrary to recognized standard of ethics of the naturopathic profession;

(12) Using medical service or treatment which is inappropriate or unnecessary;

(13) Submitting to or filing with the board any notice, statement, or other document required under this chapter which is false or untrue or contains any material misstatement of fact;

(14) Failure to report to the board any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final;

(15) Using the title "physician" without clearly identifying oneself as being a naturopathic physician;

(16) Prescribing, administering, and dispensing naturopathic formulary that are not included in the formulary established by the [~~board under section 455‑6;~~] Hawaii medical board under section 453-A; and

(17) Violation of any provision of this chapter or rules adopted under this chapter."

SECTION 6. Section 457-8.6, Hawaii Revised Statutes, is amended to read as follows:

"§457-8.6 Prescriptive authority for advanced practice registered nurses. (a) The board shall grant prescriptive authority to qualified advanced practice registered nurses and shall designate the requirements for advanced nursing practice related to prescriptive authority. [~~The board shall determine the exclusionary formulary for qualified advanced practice registered nurses who are granted prescriptive authority.~~

~~(b) The department of commerce and consumer affairs shall establish a joint formulary advisory committee composed of:~~

~~(1)~~ ~~Two persons licensed as advanced practice registered nurses and appointed by the board;~~

~~(2)~~ ~~Two persons licensed in medicine by the Hawaii medical board and appointed by the Hawaii medical board;~~

~~(3)~~ ~~Three persons licensed as pharmacists and appointed by the board of pharmacy;~~

~~(4)~~ ~~One representative of the University of Hawaii John A. Burns school of medicine appointed by the dean of the University of Hawaii John A. Burns school of medicine; and~~

~~(5)~~ ~~One representative from a school of nursing with an advanced practice registered nurse program.~~

The joint formulary advisory committee shall recommend the applicable formulary for persons recognized under this section. The board shall consider the recommendations of the joint formulary advisory committee in adopting the formulary.] The appropriate working relationship with licensed physicians shall be reflected in rules adopted by the board in accordance with chapter 91.

[~~(c)~~] (b) The board shall establish nursing requirements for education, experience, and national certification pursuant to rules adopted in accordance with chapter 91.

[~~(d)~~] (c) Advanced practice registered nurses shall be considered qualified if they have met the requirements of section 457-8.5(a), and have met the advanced pharmacology requirements for initial prescriptive authority pursuant to rules adopted by the board. Only qualified advanced practice registered nurses authorized to diagnose, prescribe, and institute therapy or referrals of patients to health care agencies, health care providers, and community resources and, only as appropriate, to the practice specialty in which the advanced practice nurse is qualified, may:

(1) Prescribe, procure, administer, and dispense over the counter and legend drugs, and controlled substances pursuant to this chapter and to chapter 329; provided that an advanced practice registered nurse shall not request, receive, or sign for professional controlled substance samples;

(2) Prescribe, order, and dispense medical devices and equipment; and

(3) Plan and initiate a therapeutic regimen that includes nutritional, diagnostic, and supportive services including home health care, hospice, and physical and occupational therapy."

SECTION 7. In codifying the new sections added by section 1 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 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________

Report Title:

Prescription Drug Formulary for Non-physician Health

Care Practitioners

Description:

Directs the Hawaii medical board to establish practice-specific subcommittees to establish prescription drug formularies for non-physician health care providers with prescriptive authority. Repeals the authority of the board of nursing and the board of naturopathic medicine to establish formularies for those professions.

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