HOUSE OF REPRESENTATIVES

H.B. NO.

61

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to pharmacy.

 

 

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

 


     SECTION 1.  The legislature finds that out-of-state pharmacists not licensed in the State may be unaware of Hawaii's prescription drug laws when dispensing drugs, including violating section 328-92, Hawaii Revised Statutes, by substituting equivalent generic drugs despite the practitioner indicating "brand medically necessary" or similar words.  This disregard for Hawaii law places the safety of Hawaii residents at risk.

     The purpose of this Act is to require that out-of state pharmacies filling prescriptions to Hawaii residents employ a pharmacist licensed by the State to ensure that pharmacies have knowledge of Hawaii's prescription drug laws necessary to protect the safety of Hawaii residents.

     SECTION 2.  Section 461-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  It shall be unlawful:

     (1)  For any person to sell or offer for sale at public auction, or to sell or offer for sale at private sale in a place where public auctions are conducted, any prescription drugs without first obtaining a permit from the board of pharmacy to do so;

     (2)  For any person to distribute or dispense samples of any prescription drugs without first obtaining a permit from the board to do so; provided that nothing in this paragraph shall interfere with the furnishing of samples or drugs directly to physicians, druggists, dentists, veterinarians, and optometrists for use in their professional practice;

     (3)  For wholesalers to sell, distribute, or dispense any prescription drug, except to a pharmacist, physician, dentist, veterinarian, or optometrist who is allowed to use pharmaceutical agents under chapter 459 or to a generally recognized industrial, agricultural, manufacturing, or scientific user of drugs for professional or business purposes; provided that it shall be unlawful for wholesalers to sell, distribute, or dispense any prescription pharmaceutical agent that is not approved by the board of examiners in optometry;

     (4)  For any wholesale prescription drug distributor to sell or distribute medical oxygen except to a:

         (A)  Licensed practitioner with prescriptive authority;

         (B)  Pharmacist;

         (C)  Medical oxygen distributor;

         (D)  Patient or a patient's agent pursuant to a prescription; or

         (E)  Emergency medical services for administration by trained personnel for oxygen deficiency and resuscitation;

     (5)  For any medical oxygen distributor to supply medical oxygen pursuant to a prescription order, to a patient or a patient's agent, without first obtaining a permit from the board to do so;

     (6)  For any person, as principal or agent, to conduct or engage in the business of preparing, manufacturing, compounding, packing, or repacking any drug without first obtaining a permit from the board to do so; and

     (7)  For any out-of-state pharmacy or entity engaging in the practice of pharmacy, in any manner to distribute, ship, mail, or deliver prescription drugs or devices into the State without first obtaining a permit from the board; provided that the applicant shall:

         (A)  Provide the location, names, and titles of all principal corporate officers;

         (B)  Attest that the applicant or any personnel of the applicant has not been found in violation of any state or federal drug laws, including the illegal use of drugs or improper distribution of drugs;

         (C)  Submit verification of a valid unexpired license, permit, or registration in good standing to conduct the pharmacy in compliance with the laws of the home state and agree to maintain in good standing the license, permit, or registration; and

         (D)  Have in its employ a [registered] pharmacist [whose registration is current and in good standing.] licensed under this chapter."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval; provided that section 2 shall apply to all applications for a permit submitted after December 31, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Pharmacists; Pharmacy; License; Out-Of-State; Mail Order; Permit

 

Description:

Requires an out-of-state pharmacy delivering drugs into the State to have in its employ a pharmacist licensed under chapter 461, HRS.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.