Report Title:

Controlled Substances; Pharmacists; Electronic Prescription

 

Description:

Allows the administrator of the narcotics enforcement division to share information from the electronic prescription accountability system with a pharmacist employed by a pharmacy registered under section 329-32, HRS, who requests prescription information on a customer relating to a violation of chapter 329, HRS; clarifies exemption for authorization for medical use of marijuana. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

321

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

S.D. 2


 

A BILL FOR AN ACT

 

relating to controlled substances.

 

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

SECTION 1. Section 329-59, Hawaii Revised Statutes, is amended to read as follows:

"§329-59 Controlled substance registration revolving fund; established. (a) There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the director of public safety for the purpose of:

(1) Offsetting the cost of the electronic prescription accountability system [and], the registration and control of the manufacture, distribution, prescription, and dispensation of controlled substances and regulated chemicals listed under section 329-61, within the State[;], and the processing and issuance of a patient registry identification certificate designated under part IX; and

(2) Funding positions authorized by the legislature by law.

(b) The fund shall consist of all moneys derived from fees collected pursuant to sections 329-31 [and], 329-67, and 329-123(b) and legislative appropriations. All fees collected pursuant to sections 329-31 [and], 329-67, and 329-123(b) shall be deposited in the controlled substance registration revolving fund."

SECTION 2. 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 agencies, 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 investigation or prosecution; [or]

(2) Registrants authorized under chapters 448, 453, 460 and 463E who are registered to administer, prescribe, or dispense controlled substances; provided that the information disclosed relates only to the registrant’s own patient[.]; or

(3) Pharmacists, employed by a pharmacy registered under section 329-32, who request prescription information on a customer relating to a violation or possible violation of this chapter.

Information disclosed to a registrant or pharmacist under this section shall be transmitted by certified mail or a similar means requiring the registrant's or pharmacist's signature for delivery of the information."

SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Registry identification certificate" means a document issued by the department that identifies a patient authorized to engage in the medical use of marijuana, the patient’s designated primary caregiver, if any, the patient’s physician and the location of the patient’s marijuana plants. "Registry identification certificates" are valid for only one year pursuant to rules adopted by the department."

2. By amending the definitions of "adequate supply", "debilitating medical condition", "primary caregiver", and "written certification", to read:

""Adequate supply" means an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" jointly possessed by the qualifying patient and the primary caregiver shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant.

"Debilitating medical condition" means:

(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions; or

(2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

(A) Cachexia or wasting syndrome;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including those characteristic of epilepsy; or

(E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease[; or

(3) Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or potentially qualifying patient].

"Primary caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, who is eighteen-years-of-age or older who has not been convicted under any federal or state law relating to any controlled substance and who has agreed to undertake responsibility, for managing the well-being of the qualifying patient with respect to the medical use of marijuana. In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody.

"Written certification" means the qualifying patient's medical records or a statement signed by a qualifying patient's physician[,] utilizing a form issued by the department, stating that in the physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. The department of public safety may require, through its rulemaking authority, that all written certifications comply with a designated form. "Written certifications" are valid for only one year [from the time of signing.] as designated on the registry identification certificate issued by the department."

SECTION 4. Section 329-122, Hawaii Revised Statutes, is amended to read as follows:

"[[]§329-122[]] Medical use of marijuana; conditions of use. (a) Notwithstanding any law to the contrary, the medical use of marijuana by a qualifying patient shall be permitted only if:

(1) The qualifying patient has been diagnosed by a physician as having a debilitating medical condition;

(2) The qualifying patient's physician has certified in writing that, in the physician's professional opinion, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the particular qualifying patient; [and]

(3) The amount of marijuana does not exceed an adequate supply[.]; and

(4) The marijuana is grown at the following locations:

(A) The qualifying patient’s home address;

(B) The primary caregiver’s home address; or

(C) A location owned or controlled by the patient or primary caregiver and approved by the administrator.

(b) Subsection (a) shall not apply to a qualifying patient under the age of eighteen years, unless:

(1) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and

(2) A parent, guardian, or person having legal custody consents in writing to:

(A) Allow the qualifying patient's medical use of marijuana;

(B) Serve as the qualifying patient's primary caregiver; and

(C) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient.

(c) The authorization for the medical use of marijuana in this section shall not apply to:

(1) The medical use of marijuana that endangers the health or well-being of another person;

(2) The medical use of marijuana:

(A) In a school bus, public bus, while using stationary heavy equipment, or in any moving or stationary vehicle;

(B) In the workplace [of one's employment;] or while working;

(C) On any school grounds;

(D) At any public park, public beach, public recreation center, [recreation] or youth center; [or]

(E) Other place open to the public; [and] or

(F) In any correctional facility, detention center, or cell block, or by an inmate under the custody of the department of public safety who is housed in a facility under contract with the department;

(3) Any sale of marijuana;

(4) The mailing of marijuana between islands and to locations outside the State;

(5) The transporting of marijuana between islands or to locations outside this State;

(6) The use of marijuana by:

(A) A law enforcement officer employed by the State or counties;

(B) A firefighter employed by the State or counties;

(C) A water safety officer, lifeguard, swimming instructor or other employee of the State or counties who is responsible for the safety of the public at swimming pools or on beaches;

(D) An employee who is authorized to carry or use firearms or both on the job;

(E) An emergency medical services employee of the State or county;

(F) An employee who administers or may administer controlled substances or other drugs to patients whether in hospitals, nursing homes, or in emergency situations such as would be encountered by emergency medical services personnel;

(G) An employee of a county police department;

(H) An employee who drives a vehicle (on land or in the water) or operates machinery for an employer;

(I) An employee subject to drug testing under a program mandated by the federal government;

(J) An employee subject to drug testing under a program established through collective bargaining; and

(K) An employee subject to drug testing under a program established by an employer; or

[(3)] (7) The use of marijuana by a qualifying patient, parent, or primary caregiver for purposes other than medical use permitted by this [[]part[]]."

SECTION 5. Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Qualifying patients shall register with the department of public safety. Such registration shall be effective until the expiration of the certificate issued by the physician. Every qualifying patient shall provide sufficient identifying information as designated by the department to establish personal identity of the qualifying patient and the primary caregiver. Qualifying patients and physicians shall report [changes] any change in information required by the department within five working days. Every qualifying patient shall have only one primary caregiver at any given time. The department shall then issue to the qualifying patient and primary caregiver a registration certificate, and may charge a reasonable fee [not to exceed $25.] in accordance with the department's rules."

SECTION 6. There is appropriated out of the controlled substance registration revolving fund designated in section 329-59, Hawaii Revised Statutes, the sum of $41,760 or so much thereof as may be necessary to provide for one full-time-equivalent (1.00 FTE) account clerk III position and other equipment and current expenses to carry out part IX of chapter 329, Hawaii Revised Statutes.

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that section 6 shall take effect on July 1, 2001.