Controlled Substances

Expands the director's subpeona powers.  Amends controlled
substance list.  Clarifies the elements of the offense of
visiting multiple physicians to unlawfully obtain controlled
substances prescriptions.

a                                                      PSD-2(00)
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 329-16, Hawaii Revised Statutes, is
 2 amended by amending subsection (c) to read as follows:
 3      "(c)  Any of the following opiates, including their isomers,
 4 esters, ethers, salts, and salts of isomers, whenever the
 5 existence of these isomers, esters, ethers, and salts is possible
 6 within the specific chemical designation:
 7      (1)  Alfentanil;
 8      (2)  Alphaprodine;
 9      (3)  Anileridine;
10      (4)  Bezitramide;
11      (5)  Bulk Dextropropoxyphene (nondosage form);
12      (6)  Carfentanil;
13      (7)  Dihydrocodeine;
14      (8)  Diphenoxylate;
15      (9)  Fentanyl;
16     (10)  Glutethimide;
17     (11)  Isomethadone;
18     (12)  Levo-alphacetylmethadol (LAAM);
19     (13)  Levomethorphan;

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 1     (14)  Levorphanol;
 2     (15)  Metazocine;
 3     (16)  Methadone;
 4     (17)  Methadone-Intermediate, 4-cyano-2-dimethylamino-4,
 5           4-diphenyl butane;
 6     (18)  Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-
 7           diphenyl-propane-carboxylic acid;
 8     (19)  Oxycodone;
 9    [(19)] (20)  Pethidine;
10    [(20)] (21)  Pethidine-Intermediate-A, 4-cyano-1-methyl-
11           4-phenylpiperidine;
12    [(21)] (22)  Pethidine-Intermediate-B, ethyl-4-
13           phenylpiperidine-4-carboxylate;
14    [(22)] (23)  Pethidine-Intermediate-C, 1-methyl-4
15           phenylpiperidine-4-carboxylic acid;
16    [(23)] (24)  Phenazocine;
17    [(24)] (25)  Piminodine;
18    [(25)] (26)  Racemethorphan;
19    [(26)] (27)  Racemorphan;
20    [(27)] (28)  Sufentanil."
21      SECTION 2.  Section 329-16, Hawaii Revised Statutes, is
22 amended by amending subsection (g) to read as follows:
23      "(g)  Hallucinogenic substances, including but not limited

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 1 to:
 2     [(1)  Dronabinol (synthetic), in sesame oil and encapsulated
 3           in a soft gelatin capsule in a United States Food and
 4           Drug Administration approved drug product; and
 5      (2)] (1)  Nabilone."
 6      SECTION 3.  Section 329-18, Hawaii Revised Statutes, is
 7 amended to read as follows:
 8      "(h)  Hallucinogenic substances, including but not limited
 9 to:
10      (1)  Dronabinol (synthetic), in sesame oil and encapsulated
11           in a soft gelatin capsule in a United States Food and
12           Drug Administration approved drug product."
13      SECTION 4.  Section 329-20, Hawaii Revised Statutes, is
14 amended by amending subsection (e) to read as follows:
15      "(e)  Other substances.  Unless specifically excepted or
16 unless listed in another schedule, any material, compound,
17 mixture, or preparation which contains any quantity of the
18 following substances, including its salts:
19     [(1)  Dextropropoxyphene;
20      (2)] (1)  Pentazocine."
21      SECTION 5.  Section 329-20, Hawaii Revised Statutes, is
22 amended to read as follows:
23      "(g)  Narcotic drugs.  Unless specifically excepted or

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 1 unless listed in another schedule, any material, compound,
 2 mixture, or preparation containing any of the following narcotic
 3 drugs, or their salts calculated as the free anhydrous base or
 4 alkaloid, in limited quantities as set forth below:
 5      (1)  Not more than 1 milligram of difenoxin and not less
 6           than 25 micrograms of atropine sulfate per dosage unit
 7           (modafinil); and
 8      (2)  Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-
 9           diphenyl-3-methyl-2-propionoxybutane)."
10      SECTION 6.  Section 329-42, Hawaii Revised Statutes, is
11 amended by amending subsection (a) to read as follows:
12      "(a)  It is unlawful for any person knowingly or
13 intentionally:
14      (1)  To distribute as a registrant a controlled substance
15           classified in schedule I or II, except pursuant to an
16           order form as required by section 329-37;
17      (2)  To use in the course of the manufacture or distribution
18           of a controlled substance a registration number that is
19           fictitious, revoked, suspended, or issued to another
20           person;
21      (3)  To [acquire or] obtain [possession of a controlled
22           substance by misrepresentation, fraud, forgery,
23           deception, or subterfuge;] or attempt to obtain any

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 1           controlled substance or procure or attempt to procure
 2           the administration of any controlled substance:
 3           (A)  By fraud, deceit, misrepresentation, embezzlement,
 4                theft; or
 5           (B)  By the forgery or alteration of a prescription or
 6                of any written order; or
 7           (C)  By furnishing fraudulent medical information or
 8                the concealment of a material fact; or
 9           (D)  By the use of a false name, patient identification
10                number or the giving of false address.
11      (4)  To furnish false or fraudulent material information in,
12           or omit any material information from any application,
13           report, or other document required to be kept or filed
14           under this chapter, or any record required to be kept
15           by this chapter;
16      (5)  To make, distribute, or possess any punch, die, plate,
17           stone or other thing designed to print, imprint, or
18           reproduce the trademark, trade name, or other
19           identifying mark, imprint, or device of another or any
20           likeness of any of the foregoing upon any drug or
21           container or labeling thereof so as to render the drug
22           a counterfeit substance;
23      (6)  To misapply or divert to the person's own use or other

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 1           unauthorized or illegal use or to take, make away with,
 2           or secrete, with intent to misapply or divert to the
 3           person's own use or other unauthorized or illegal use,
 4           any controlled substance that shall have come into the
 5           person's possession or under the person's care as a
 6           registrant or as an employee of a registrant who is
 7           authorized to possess controlled substances or has
 8           access to controlled substances by virtue of the
 9           person' employment; or
10      (7)  To make, distribute, possess, or sell any prescription
11           form, whether blank, faxed, computer generated,
12           photocopied, or reproduced in any other manner without
13           the authorization of the licensed practitioner."
14      SECTION 7.  Section 329-46, Hawaii Revised Statutes, is
15 amended to read as follows:
16      "329-46  Prohibited acts related to visits to more than one
17 practitioner to obtain controlled substance prescriptions.
18      "(a)  It is unlawful for any person knowingly or
19 intentionally to visit more than one practitioner and give
20 fraudulent information or withhold information regarding previous
21 practitioner visits for the purpose of obtaining one or more
22 controlled [substance] substances or controlled substance
23 prescriptions. [quantities that:

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 1      (1)  Exceed what any single practitioner would have
 2           prescribed or dispensed for the time period and
 3           legitimate medical purpose represented; and
 4      (2)  Would constitute an offense pursuant to part IV of
 5           chapter 712]."
 6      "(c) Any person who violates this section shall be guilty of
 7 a class C felony."
 8      SECTION 8.  Chapter 329-67, Hawaii Revised Statutes, is
 9 amended to read as follows:
10      329-    Subpoena powers.  Subject to the privileges which
11 witnesses have in the courts of this State, the director of
12 public safety or the director's designated subordinate is
13 empowered pursuant to and in accordance with the rules of court
14 to subpoena witnesses, examine them under oath and require the
15 production of books, papers, documents, or objects where the
16 director of public safety reasonably believes the information
17 sought is relevant or material to enforcement of this [part]
18 chapter.  Books, papers, documents, or objects obtained pursuant
19 to exercise of these powers may be retained by the director of
20 public safety or the director's designate for a reasonable period
21 of time for the purpose of examination, audit, copying, testing,
22 or photographing.  Upon application by the director of public
23 safety, obedience to the subpoenas may be enforced by the circuit

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 1 court in the county where the person subpoenaed resides or is
 2 found in the same manner as a subpoena issued by the clerk of a
 3 circuit court."
 4      SECTION 9.  Statutory material to be repealed is bracketed.
 5 New statutory material is underscored.
 6      SECTION 10.  This Act shall take effect upon its approval.
 8                           INTRODUCED BY:  _______________________

a                                                      PSD-2(00)