§328-17.6 Out-of-state prescriptions. (a) An out-of-state practitioner may make a written or orally-ordered prescription within the confines of the practitioner's license and in accordance with Hawaii laws and rules. The prescription may either be filled one time or refilled one time, but not both; provided that:

(1) The prescription filled or refilled pursuant to this section shall be limited to not more than a thirty-day supply of any drug; and

(2) If orally-ordered, the prescription shall be personally ordered by an out-of-state practitioner and received only by a pharmacist.

(b) Any pharmacist who fills or refills an out-of-state prescription shall:

(1) Note the following on the pharmacist's prescription record: the out-of-state practitioner's full name, address, telephone number, and Drug Enforcement Administration registration number; provided that the Drug Enforcement Administration registration number shall be required only for original fills communicated via telephone or facsimile;

(2) Be responsible for validating the authenticity of the out-of-state practitioner's Drug Enforcement Administration registration number; and

(3) Demand proper identification from the person whose name appears on the prescription prior to filling the prescription, in addition to complying with any identification procedures established by the department for filling and refilling an out-of-state prescription.

(1) Advise the person whose name appears on the prescription that the prescription on file at the originating out-of-state pharmacy may be canceled before the pharmacist can refill the prescription; and

(2) Record all information required to be on a prescription, including, but not limited to:

(A) The date of issuance of the original prescription;

(B) The number of refills authorized on the original prescription;

(D) The number of valid refills remaining and the date of the last refill;

(E) The out-of-state pharmacy's name, address, and Drug Enforcement Administration registration number, and the original prescription number from which the prescription information was transferred; and

(F) The name of the transferor pharmacist.

(d) A pharmacist who fills or refills an out-of-state prescription shall be responsible if the prescription is not written in the form prescribed by Hawaii laws and rules.

(e) The pharmacist shall follow all labeling procedures established by the department for filling and refilling an out-of-state prescription. The prescription shall be appropriately identified as "Out-of-State Filled" or "Out-of-State Refilled," and shall state the date of filling or refilling and the local address of the person whose name appears on the prescription.

(f) All transferred prescriptions shall be maintained for a period of five years from the date of filling or refilling. Filled out-of-state prescriptions shall be kept in a special file for five years. The department may establish additional recordkeeping and reporting procedures for filled and refilled out-of-state prescriptions.

(g) This section shall not apply to prescriptions for controlled substances and habit forming drugs. [L 1992, c 177, pt of §1; am L 1993, c 69, §1; am L 1994, c 79, §1]