Bill Text: HI SB2915 | 2016 | Regular Session | Amended
Bill Title: Uniform Controlled Substances Act; Electronic Prescriptions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-07-07 - Act 218, 07/06/2016 (Gov. Msg. No. 1320). [SB2915 Detail]
Download: Hawaii-2016-SB2915-Amended.html
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THE SENATE |
S.B. NO. |
2915 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329-1, Hawaii Revised Statutes, is amended as follows:
1. By adding three new definitions to be appropriately inserted and to read:
""Pharmacy delegate" means an individual employed by the pharmacy and selected by the pharmacist to act as that pharmacist's agent to whom the pharmacist has delegated the task of accessing electronic prescription accountability system information and for whose actions the pharmacist takes full responsibility.
"Practitioner delegate" means an agent or employee of a practitioner (physician, dentist, veterinarian, advanced practice registered nurse with prescriptive authority, or physician assistant) to whom the practitioner has delegated the task of accessing electronic prescription accountability system information and for whose actions the practitioner takes full responsibility.
"Reverse distributor" means a registrant who is registered under section 329-32 to receive controlled substances acquired from another state certified controlled substance registrant pursuant to title 21 Code of Federal Regulations part 1317, for the purpose of:
(1) Returning unwanted, unusable, or outdated controlled substances to the manufacturer or the manufacturer's agent; or
(2) Where necessary, processing such substances or arranging for the processing of such substances for disposal as authorized by the administrator."
2. By amending the definition of "dispense" to read:
""Dispense"
means to deliver a controlled substance to an ultimate user or research subject
by or pursuant to the lawful order of a practitioner, including the [prescribing,]
administering[,] of a practitioner's controlled substances, and
packaging, labeling, or compounding necessary to prepare the substance for that
delivery. A controlled substance is dispensed when:
(1) It is compounded, prepared, labeled, and packaged
pursuant to the lawful order of a practitioner by a licensed pharmacist acting
in the usual course of [his] the licensed pharmacist's
professional practice and who is either registered individually or employed in
a registered pharmacy or by a registered institutional practitioner, for
delivery to the ultimate user;
(2) It is compounded, prepared, labeled and packaged
for delivery to the ultimate user by a practitioner acting in the usual course
of [his] the practitioner's professional practice;
(3) It is prepared, labeled, and packaged pursuant to the lawful order of a practitioner by a registered health care professional acting as an agent of the practitioner for delivery to the ultimate user by the practitioner; or
(4) It is prepackaged by a pharmacist for use in an emergency facility for delivery to the ultimate user by a licensed or registered health care professional pursuant to the order of a physician."
3. By amending the definition of "locum tenens practitioner" to read:
""Locum tenens practitioner"
means a practitioner[:
(1) Who] who is licensed in this
State and [registered under section 329-32 to administer, prescribe, or
dispense a controlled substance in the course of professional practice,]
who temporarily substitutes for another [registered] practitioner for a
period not to exceed sixty days at that other practitioner's registered place
of business[; and
(2) Whose Drug Enforcement Administration
controlled substance registration number has not been transferred to the State
of Hawaii].
Locum tenens practitioners are not eligible to
receive an oral code number as designated by section [[]328-16(k)[]]."
SECTION 2. Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol (except levo-alphacetylmethadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
(35) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide;
(43) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine;
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);
(54) Tilidine;
(55) Trimeperidine;
(56) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts, and salts of isomers; [and]
(57) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts, and salts of isomers[.];
and
(58) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, (acetyl fentanyl) its optical, positional, and geometric isomers, salts, and salts of isomers."
SECTION 3. Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered);
(2) Naphthoylindoles; meaning any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(3) Naphthylmethylindoles; meaning any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
(4) Naphthoylpyrroles; meaning any compound containing a 3-(1-naphthoyl) pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent;
(5) Naphthylmethylindenes; meaning any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent;
(6) Phenylacetylindoles; meaning any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent;
(7) Cyclohexylphenols; meaning any compound containing a 2-(3-hydroxycyclohexyl) phenol structure with substitution at the 5-position of the phenolic ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not substituted in the cyclohexyl ring to any extent;
(8) Benzoylindoles; meaning any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent;
(9) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone (another trade name is WIN 55,212-2);
(10) (6a,10a)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2- methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (other trade names are: HU-210 and HU-211);
(11) Tetramethylcyclopropanoylindoles; meaning any compound containing a 3-tetramethylcyclopropanoylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropyl ring to any extent;
(12) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: APINACA, AKB48);
(13) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: PB-22; QUPIC);
(14) Quinolin-8-yl 1-(5fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-PB-22; 5F-PB-22);
(15) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: AB-FUBINACA);
(16) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: ADB-PINACA);
(17) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: AB-CHMINACA);
(18) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: AB-PINACA);
(19) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone, and geometric isomers, salts, and salts of isomers (Other names: THJ-2201);
(20) Methyl (1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valinate, and geometric isomers, salts, and salts of isomers (Other names: FUB-AMB);
(21) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, and geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-AMB, 5-fluoro-AMP);
(22) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: AKB48 N-(5-fluoropentyl) analog, 5F-AKB48, APINACA 5-fluoropentyl analog, 5F-APINACA);
(23) N-adamantyl-1-fluoropentylindole-3-Carboxamide, and
geometric isomers, salts, and salts of isomers (Other names: STS-135, 5F-APICA;
5-fluoro-APICA); [and]
(24) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-caboxylate,
and geometric isomers, salts, and salts of isomers (Other names: NM2201)[.];
and
(25) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: MAB-CHMINACA and ADB-CHMINACA)."
SECTION 4. Section 329-20, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Other substances. Unless
specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances, including its [salts: Pentazocine.] optical isomers and
its salts, isomers, and salts of isomers:
(1) Pentazocine; and
(2) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid."
SECTION 5. Section 329-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The
department of public safety shall [republish] make available to the
public on the department's website the schedules annually or more often, as
may be necessary to update the schedules."
SECTION 6. Section 329-31, Hawaii Revised Statutes, is amended to read as follows:
"§329-31 Rules. The department of
public safety may [promulgate] adopt rules and charge reasonable
fees relating to the registration and control of the manufacture, distribution,
[prescription, and] prescribing, dispensing [of], or reverse
distribution with controlled substances within this State."
SECTION 7. Section 329-32, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) Every person who:
(1) Manufactures, distributes, prescribes, [or]
dispenses, or conducts reverse distribution with any controlled
substance within this State;
(2) Proposes to engage in the manufacture,
distribution, prescription, [or] dispensing, or reverse distribution of
any controlled substance within this State; or
(3) Dispenses or proposes to dispense any controlled substance for use in this State by shipping, mailing, or otherwise delivering the controlled substance from a location outside this State;
shall obtain a registration issued by the department of public safety in accordance with the department's rules. A licensed or registered health care professional who acts as the authorized agent of a practitioner and who administers controlled substances at the direction of the practitioner shall not be required to obtain a registration.
(b) Persons registered by the department of
public safety under this chapter to manufacture, distribute, prescribe,
dispense, store, [or] conduct research, or conduct reverse
distribution with controlled substances may possess, manufacture,
distribute, prescribe, dispense, store, or conduct research with those
substances to the extent authorized by their registration and in conformity
with this part."
2. By amending subsection (e) to read:
"(e) A separate registration shall be
required at each principal place of business or professional practice where the
applicant manufactures, distributes, prescribes, [or] dispenses, or
conducts reverse distribution with controlled substances, except an office
used by a practitioner (who is registered at another location) where controlled
substances are prescribed but neither administered nor otherwise dispensed as a
regular part of the professional practice of the practitioner at such office,
and where no supplies of controlled substances are maintained."
SECTION 8. Section 329-33, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) The department of public safety
shall register an applicant to manufacture, dispense, prescribe, [or]
distribute, or conduct reverse distribution with controlled substances
included in sections 329-14, 329-16, 329-18, 329-20, and 329-22 unless it
determines that the issuance of that registration would be inconsistent with
the public interest. In determining the public interest, the department of
public safety shall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with applicable state and local law;
(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
(5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
(6) Suspension, revocation, or surrender of the applicant's federal registration to manufacture, distribute, prescribe, or dispense controlled substances as authorized by federal law; and
(7) Any other factor relevant to and consistent with the public health and safety."
2. By amending subsection (c) to read:
"(c) Practitioners [must] shall
be registered to dispense or to prescribe any controlled substances or to
conduct research with controlled substances in schedules II through V if they
are authorized to dispense or to prescribe or conduct research under the law of
this State. The department of public safety need not require separate
registration under this part for practitioners engaging in research with
nonnarcotic controlled substances in schedules II through V where the
registrant is already registered under this part in another capacity. Practitioners
registered under federal law to conduct research with schedule I substances may
conduct research with schedule I substances within this State upon furnishing the
department of public safety evidence of that federal registration."
SECTION 9. Section 329-34, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A
registration under section 329-33 to manufacture, distribute, [or]
dispense, or conduct reverse distribution with a controlled substance
may be suspended or revoked by the department of public safety upon a finding
that the registrant:
(1) Has furnished false or fraudulent material information in any application filed under this chapter;
(2) Has been convicted of a felony or has been granted a motion for the deferral of acceptance of a guilty plea or a nolo contendere plea to a felony, pursuant to chapter 853 and under any state or federal law relating to any controlled substance;
(3) Has had the registrant's federal registration
suspended or revoked to manufacture, distribute, prescribe, [or]
dispense, or conduct reverse distribution with controlled substances; or
(4) Has had the registrant's state license to practice the registrant's profession suspended or revoked by the applicable governing state board."
SECTION 10. Section 329-36, Hawaii Revised Statutes, is amended to read as follows:
"§329-36
Records of registrants. Persons registered to manufacture, distribute,
prescribe, [or] dispense, or conduct reverse distribution with
controlled substances under this chapter shall keep records and maintain
inventories in conformance with the recordkeeping and inventory requirements of
federal law and with any additional rules the department of public safety
issues."
SECTION 11. Section 329-37, Hawaii Revised Statutes, is amended to read as follows:
"§329-37 Filing requirements. All persons registered to manufacture, distribute, conduct reverse distribution, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with the department of public safety on forms and within the time and manner prescribed by the department of public safety, copies of order, receipt and distribution of schedule I and schedule II controlled substances and other controlled substances designated by the department of public safety, showing the amounts of such controlled substances ordered, received, distributed, transported, warehoused, or otherwise handled."
SECTION 12. Section 329-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No controlled substance in schedule II may be dispensed without a written prescription of a practitioner, except:
(1) In the case of an emergency situation, a pharmacist may dispense a controlled substance listed in schedule II upon receiving oral authorization from a prescribing practitioner; provided that:
(A) The quantity prescribed and dispensed is
limited to the amount adequate to treat the patient during the emergency period
(dispensing beyond the emergency period [must] shall be pursuant
to a written prescription signed by the prescribing practitioner);
(B) If the prescribing practitioner is not known to the pharmacist, the pharmacist shall make a reasonable effort to determine that the oral authorization came from a registered practitioner, which may include a callback to the prescribing practitioner using the phone number in the telephone directory or other good faith efforts to identify the prescriber; and
(C) Within seven days after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacist. In addition to conforming to the requirements of this subsection, the prescription shall have written on its face "Authorization for Emergency Dispensing". The written prescription may be delivered to the pharmacist in person or by mail, and if by mail, the prescription shall be postmarked within the seven-day period. Upon receipt, the dispensing pharmacist shall attach this prescription to the oral emergency prescription, which had earlier been reduced to writing. The pharmacist shall notify the administrator if the prescribing practitioner fails to deliver a written prescription to the pharmacy within the allotted time. Failure of the pharmacist to do so shall void the authority conferred by this paragraph to dispense without a written prescription of a prescribing individual practitioner. Any practitioner who fails to deliver a written prescription within the seven-day period shall be in violation of section 329-41(a)(1);
(2) No schedule II narcotic controlled substance may be prescribed or dispensed for more than a thirty-day supply, except where such substances come in a single unit dose package that exceeds the thirty-day limit or where a terminally ill patient is certified by a physician to exceed the thirty-day limit;
[(2)] (3) When dispensed directly by a
practitioner, other than a pharmacist, to the ultimate user. The practitioner
in dispensing a controlled substance in schedule II shall affix to the package
a label showing:
(A) The date of dispensing;
(B) The name, strength, and quantity of the drug dispensed;
(C) The dispensing practitioner's name and address;
(D) The name of the patient;
(E) The "use by" date for the drug, which shall be:
(i) The expiration date on the manufacturer's or principal labeler's container; or
(ii) One year from the date the drug is dispensed, whichever is earlier; and
(F) Directions for use, and cautionary statements, if any, contained in the prescription or as required by law.
A complete and accurate record of all schedule II controlled substances ordered, administered, prescribed, and dispensed shall be maintained for five years. Prescriptions and records of dispensing shall otherwise be retained in conformance with the requirements of section 329-36. No prescription for a controlled substance in schedule II may be refilled; or
[(3)] (4) In
the case of an electronic prescription, a pharmacist may dispense a controlled
substance listed in schedule II upon receiving an electronic prescription."
SECTION 13. Section 329-52, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) For purposes of this section, "controlled premises" means:
(1) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
(2) Places, including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, dispense, deliver, conduct chemical analysis, or otherwise dispose of any controlled substance or regulated chemical designated under section 329-61."
SECTION 14. Section 329-54, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) A practitioner engaged in medical
research is not required or compelled to furnish the name or identity of a
research subject to the department of public safety, nor may the practitioner
be compelled in any state or local civil, criminal, administrative,
legislative, or other proceedings to furnish the name or identity of any
research subject that the practitioner is obligated to keep confidential[.]
unless the subject violates section 329-41 or 329-46 or commits an offense pursuant
to part IV of chapter 712."
SECTION 15. Section 329-74, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A person commits the offense of
unlawful transport of pseudoephedrine if the person transports more than three
packages of any product the sale of which is restricted by section 329‑75
[without a permit issued from the department]."
SECTION 16. Section 329-101, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The designated state agency shall determine those schedules of controlled substances, classes of controlled substances, and specific controlled substances that are purportedly being misused and abused in the State. As part of the controlled substance registration process, all practitioners, except veterinarians, and pharmacies shall be registered with the department to utilize the electronic prescription accountability system. No identified controlled substances may be dispensed unless information relevant to the dispensation of the substance is reported electronically or by means indicated by the designated state agency to the central repository established under section 329-102, in accordance with rules adopted by the department."
SECTION 17. Section 329-104, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) This section shall not prevent the disclosure, at the discretion of the administrator, of investigative information to:
(1) Law enforcement officers, investigative agents of federal, state, or county law enforcement or regulatory agencies, United States attorneys, county prosecuting attorneys, or the attorney general; provided that the administrator has reasonable grounds to believe that the disclosure of any information collected under this part is in furtherance of an ongoing criminal or regulatory investigation or prosecution;
(2) Registrants authorized under chapters 448, 453,
and 463E who are registered to administer, prescribe, or dispense controlled
substances[;] and their practitioner delegate; provided that the
information disclosed relates only to the registrant's own patient;
(3) Pharmacists[,] or pharmacist delegates,
employed by a pharmacy registered under section 329-32, who request
prescription information about a customer relating to a violation or possible
violation of this chapter; [or]
(4) Other state-authorized governmental
prescription-monitoring programs[.];
(5) The chief medical examiner or licensed physician designee who requests information and certifies the request is for the purpose of investigating the death of an individual;
(6) Qualified personnel for the purpose of bona fide research or education; provided that data elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or redacted from the information prior to disclosure; provided further that release of the information may be made only pursuant to a written agreement between qualified personnel and the administrator in order to ensure compliance with this subsection; and
(7) Other entities or individuals authorized by the administrator to assist the program with projects that enhance the electronic prescription accountability system.
Information disclosed to a registrant, pharmacist, or authorized government agency under this section shall be transmitted by a secure means determined by the designated agency."
SECTION 18. Section 329-73, Hawaii Revised Statutes, is repealed.
["[§329-73] Pseudoephedrine permit.
(a) Beginning January 1, 2006, any person transporting by any
means more than three packages of any product the sale of which is restricted
by section 329-75 shall obtain a pseudoephedrine permit.
(b) The requirements imposed by
[subsection] (a) shall not apply to persons registered with the department
under section 329-67. A pseudoephedrine permit shall be issued by the
department in a form and manner as prescribed by the department by rule. A
pseudoephedrine permit shall be valid for one year and renewable annually."]
SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 20. This Act shall take effect on July 1, 2016.
Report Title:
Uniform Controlled Substances Act; Electronic Prescriptions
Description:
Updates the Uniform Controlled Substances Act to make it consistent with amendments in federal controlled substances law. Clarifies existing definitions to be consistent with federal controlled substance law; and adds new definitions to allow the use of "delegates" by practitioners and pharmacists to access the electronic prescription accountability system. Clarifies that individuals that conduct reverse distribution with controlled substances must register with the Department of Public Safety and follow appropriate controlled substance statutes and rules. Allows for the posting of updates to Hawaii's drug schedules on the department's website. Requires that all practitioners, except veterinarians, and pharmacies register to utilize the electronic prescription accountability system when they obtain a controlled substance registration. Authorizes the Department of Public Safety Narcotics Enforcement Division Administrator to allow access to state, county, or federal regulatory agencies to the database when conducting joint regulatory investigations. Deletes the requirement for a pseudoephedrine permit for transporting over 3 packages of pseudoephedrine. (CD1)
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