Bill Text: HI SB3140 | 2022 | Regular Session | Amended
Bill Title: Relating To The Uniform Controlled Substances Act Mandatory Reporting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-17 - Act 105, on 06/17/2022 (Gov. Msg. No. 1205). [SB3140 Detail]
Download: Hawaii-2022-SB3140-Amended.html
THE SENATE |
S.B. NO. |
3140 |
THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT MANDATORY REPORTING.
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- Mandatory reporting. (a)
Notwithstanding any other state law concerning confidentiality to the contrary,
the holder of a controlled substances registration issued under section 329-32 who,
in the holder's professional or official capacity, has reason to believe that a
controlled substance in the holder's inventory has been stolen, embezzled, or otherwise
obtained by fraud or diversion, shall immediately report the matter verbally to
the administrator.
(b)
The initial verbal report shall be followed
as soon as practicable by a written report to the administrator that shall
contain the name and address of the suspected perpetrator, if known, the nature
and extent of the theft, embezzlement, fraud, or diversion, and any other information
that the reporter believes might be helpful or relevant to the investigation of
the theft, embezzlement, fraud, or diversion.
This section
shall not be construed to provide a basis for a cause of action against the administrator
or the department.
(c)
Any person subject to subsection (a), upon
demand of the administrator, shall provide all information related to the alleged
incident of theft, embezzlement, fraud, or diversion, including but not limited
to records, reports, and any image, film, video, or other electronic medium, that
was not included in the written report submitted pursuant to subsection (b).
(d)
Any person subject to this section who knowingly
prevents another person from reporting, or who knowingly fails to provide information
as required by this section, shall be guilty of a misdemeanor."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Uniform Controlled Substances Act; Mandatory Reporting
Description:
Requires the holder of a controlled substances registration to immediately verbally report the theft, embezzlement, fraud, or diversion of a controlled substance in the holder's inventory. Requires the submission of a written report to the administrator of the Narcotics Enforcement Division that provides all information related to the theft, embezzlement, fraud, or diversion of controlled substances in the holder's inventory, including but not limited to, records, reports, and any image, film, video, or other electronic medium. Establishes a misdemeanor penalty for a person who prevents another from reporting, or who knowingly fails to provide information as required. (SD1)
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not legislation or evidence of legislative intent.