STAND. COM. REP. NO. 297

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 967

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Health, to which was referred S.B. No. 967 entitled:

 

"A BILL FOR AN ACT RELATING TO CONTROLLED SUBSTANCES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to make Hawaii's controlled substance laws consistent with that of federal law and clarify sections of chapter 329, Hawaii Revised Statutes, relating to controlled substances.

 

     Specifically, this measure:

 

     (1)  Adds new drugs to schedules II and III of Hawaii's controlled substance laws sections 329-16(b), 329-16(e) and 329-18(g), Hawaii Revised Statutes, as required by section 329-11(d), Hawaii Revised Statutes, which states that if a substance is added, deleted, or rescheduled under federal law, the Department shall recommend to the Legislature that a corresponding change in Hawaii law be made;

 

     (2)  Amends section 329-33 and 329-34, Hawaii Revised Statutes, to add language to provide that the surrender of an applicant's federal controlled substance registration shall be considered in determining whether the applicant's state registration is in the public interest and is a finding upon which a state registration may be suspended or revoked;

 

     (3)  Amends section 329-38, Hawaii Revised Statutes, relating to controlled substances prescriptions to allow pharmacies to transfer refills of Schedule III through V controlled substance prescriptions between islands;

 

     (4)  Allows pharmacies that are electronically sharing a real-time, online database to transfer controlled substance prescriptions between their pharmacies up to the maximum refills permitted by law and designates procedures for these transfers;

 

     (5)  Amends section 329-41(a)(6), Hawaii Revised Statutes, that requires practitioners and pharmacists dispensing controlled substances to document in their log books the full name, signature, and identification number, and identification type of the customer obtaining the controlled substance prescription; and

 

     (6)  Amends section 329-52, Hawaii Revised Statutes, relating to administrative inspections and warrants of controlled substance registrants to make this section consistent with inspection procedures utilized by the Department of Health.

 

     Your Committee received testimony in support of this measure from the Department of Public Safety, the City and County of Honolulu Police Department, Kaiser Permanente, and Longs Drugs.  Copies of written testimony are available for review on the Legislature's website.

 

     Your Committee finds that this measure will safeguard the public by ensuring consistency in the regulation and enforcement of controlled substances by updating Hawaii's laws to be consistent with the Federal Controlled Substances Act.

 

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and style.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 967, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 967, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

 

 

____________________________

DAVID Y. IGE, Chair