STAND. COM. REP. NO. 829

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 807

       S.D. 2

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 807, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO HEALTH,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to decrease prescription drug abuse and misuse by further educating practitioners who prescribe narcotic drugs.

 

More specifically, this measure establishes:

 

     (1)  A narcotics advisory committee to recommend acceptable continuing medical education program topics and curriculum to the Narcotics Enforcement Division of the Public Safety Department; and

 

     (2)  Requirements for a mandatory continuing medical education program for practitioners who prescribe drugs.

 

     Your Committee received written comments in support of this measure from the Department of Public Safety, Hawaii Substance Abuse Coalition, and one individual.  Your Committee received written comments on this measure from the Department of Health.

 

     Your Committee finds that education for practitioners is an essential component to reducing incidents of prescription drug abuse and misuse.  Your Committee further finds that continuing education on the safe prescribing of narcotics should be required to maintain the certification necessary to prescribe controlled substances. 

 

However, your Committee notes that the measure attempts to establish state specified conditions for renewal of a federal license issued by the Drug Enforcement Administration.  Imposing continuing education requirements in this fashion may violate the supremacy clause in Article VI of the United States Constitution.  Accordingly, your Committee has amended this measure by:

 

     (1)  Clarifying that required state continuing education credits are necessary to maintain the state controlled substance registration certificate, rather than the federal Drug Enforcement Administration license;

 

     (2)  Incorporating the credit requirements into the controlled substance registration certification process via the Department of Public Safety's registration renewal website, rather than the federal Drug Enforcement Administration's registration renewal website; 

 

     (3)  Changing the term of service for an advisory committee member from an unspecified number of years to four years; and 

 

     (4)  Specifying that advisory committee members shall serve without compensation but shall be reimbursed for expenses. 

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 807, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 807, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

________________________________

JILL N. TOKUDA, Chair