REPORT TITLE:
Controlled Substances


DESCRIPTION:
Clarifies the director's subpoena powers.  Amends controlled
substance list.  Clarifies the elements of the offense of
visiting multiple physicians to unlawfully obtain controlled
substances prescriptions.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2930
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CONTROLLED SUBSTANCES.



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

 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      "§329-18  Schedule III.(a)  The controlled substances
 
 9 listed in this section are included in schedule III.
 
10      (b)  Stimulants.  Unless listed in another schedule, any
 
11 material, compound, mixture, or preparation which contains any
 
12 quantity of the following substances having a stimulant effect on
 
13 the central nervous system, including their salts, isomers, and
 
14 salts of isomers, whenever the existence of these salts, isomers,
 
15 and salts of isomers is possible within the specific chemical
 
16 designation:
 
17      (1)  Those compounds, mixtures, or preparations in dosage
 
18           unit form containing any stimulant substance listed in
 
19           schedule II, and any other drug of the quantitative
 
20           composition or which is the same except that it
 
21           contains a lesser quantity of controlled substances;
 
22      (2)  Benzphetamine;
 
23      (3)  Chlorphentermine;
 

 
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 1      (4)  Clortermine;
 
 2      (5)  Mazindol;
 
 3      (6)  Phendimetrazine.
 
 4      (c)  Depressants.  Unless listed in another schedule, any
 
 5 material, compound, mixture, or preparation that contains any
 
 6 quantity of the following substances having a depressant effect
 
 7 on the central nervous system:
 
 8      (1)  Any compound, mixture, or preparation containing
 
 9           amobarbital, secobarbital, pentobarbital, or any salt
 
10           thereof and one or more other active medicinal
 
11           ingredients which are not listed in any schedule;
 
12      (2)  Any suppository dosage form containing amobarbital,
 
13           secobarbital, pentobarbital, or any salt of any of
 
14           these drugs and approved by the Food and Drug
 
15           Administration for marketing only as a suppository;
 
16      (3)  Any substance that contains any quantity of a
 
17           derivative of barbituric acid or any salt thereof;
 
18      (4)  Chlorexadol;
 
19      (5)  Ketamine hydrochloride;
 
20      (6)  Lysergic acid;
 
21      (7)  Lysergic acid amide;
 
22      (8)  Methyprylon;
 
23      (9)  Sulfondiethylmethane;
 

 
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 1     (10)  Sulfonethylmethane;
 
 2     (11)  Sulfonmethane;
 
 3     (12)  Tiletamine/Zolazepam (Telazol).
 
 4      (d)  Nalorphine.
 
 5      (e)  Narcotic drugs.  Unless specifically excepted or unless
 
 6 listed in another schedule, any material, compound, mixture, or
 
 7 preparation containing any of the following narcotic drugs, or
 
 8 their salts, or alkaloid, in limited quantities as set forth
 
 9 below:
 
10      (1)  Not more than 1.8 grams of codeine, or any of its
 
11           salts, per 100 milliliters or not more than 90
 
12           milligrams per dosage unit, with an equal or greater
 
13           quantity of an isoquinoline alkaloid of opium;
 
14      (2)  Not more than 1.8 grams of codeine, or any of its
 
15           salts, per 100 milliliters or not more than 90
 
16           milligrams per dosage unit, with one or more active,
 
17           nonnarcotic ingredients in recognized therapeutic
 
18           amounts;
 
19      (3)  Not more than 300 milligrams of dihydrocodeinone
 
20           (Hydrocodone), or any of its salts, per 100 milliliters
 
21           or not more than 15 milligrams per dosage unit, with a
 
22           fourfold or greater quantity of an isoquinoline
 
23           alkaloid of opium provided that these narcotic drugs
 

 
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 1           shall be monitored pursuant to section 329-101;
 
 2      (4)  Not more than 300 milligrams of dihydrocodeinone
 
 3           (Hydrocodone), or any of its salts per 100 milliliters
 
 4           or not more than 15 milligrams per dosage unit, with
 
 5           one or more active, nonnarcotic ingredients in
 
 6           recognized therapeutic amounts provided that these
 
 7           narcotic drugs shall be monitored pursuant to section
 
 8           329-101;
 
 9      (5)  Not more than 1.8 grams of dihydrocodeine, or any of
 
10           its salts, per 100 milliliters or not more than 90
 
11           milligrams per dosage unit, with one or more active,
 
12           nonnarcotic ingredients in recognized therapeutic
 
13           amounts;
 
14      (6)  Not more than 300 milligrams of ethylmorphine, or any
 
15           of its salts, per 100 milliliters or not more than 15
 
16           milligrams per dosage unit, with one or more
 
17           ingredients in recognized therapeutic amounts;
 
18      (7)  Not more than 500 milligrams of opium per 100
 
19           milliliters or per 100 grams, or not more than 25
 
20           milligrams per dosage unit, with one or more active
 
21           nonnarcotic ingredients in recognized therapeutic
 
22           amounts;
 
23      (8)  Not more than 50 milligrams of morphine or any of its
 

 
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 1           salts, per 100 milliliters or per 100 grams with one or
 
 2           more active, nonnarcotic ingredients in recognized
 
 3           therapeutic amounts.
 
 4      (f)  The department of public safety may except by rule any
 
 5 compound, mixture, or preparation containing any stimulant or
 
 6 depressant substance listed in subsections (b) and (c) from the
 
 7 application of all or any part of this chapter if the compound,
 
 8 mixture, or preparation contains one or more active medicinal
 
 9 ingredients not having a stimulant or depressant effect on the
 
10 central nervous system, and if the admixtures are included
 
11 therein in combinations, quantity, proportion, or concentration
 
12 that vitiate the potential for abuse of the substances which have
 
13 a stimulant or depressant effect on the central nervous system.
 
14      (g)  Any anabolic steroid.  The term "anabolic steroid"
 
15 means any drug or hormonal substance chemically and
 
16 pharmacologically related to testosterone (other than estrogens,
 
17 progestins, and corticosteroids) that promotes muscle growth, and
 
18 includes:
 
19      (1)  Boldenone;
 
20      (2)  Clostebol (4-Chlorotestosterone);
 
21      (3)  Dehydrochlormethyltestosterone;
 
22      (4)  Dihydrotestosterone (4-dihydrotestosterone);
 
23      (5)  Drostanolone;
 

 
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 1      (6)  Ethylestrenol;
 
 2      (7)  Fluoxymesterone;
 
 3      (8)  Formebolone (Formyldienolone);
 
 4      (9)  Mesterolone;
 
 5     (10)  Methandranone;
 
 6     (11)  Methandriol;
 
 7     (12)  Methandrostenolone (Methandienone);
 
 8     (13)  Methenolone;
 
 9     (14)  Methyltestosterone;
 
10     (15)  Mibolerone;
 
11     (16)  Nandrolone;
 
12     (17)  Norethandrolone;
 
13     (18)  Oxandrolone;
 
14     (19)  Oxymesterone;
 
15     (20)  Oxymetholone;
 
16     (21)  Stanolone (Dihydrotestosterone);
 
17     (22)  Stanozolol;
 
18     (23)  Testolactone;
 
19     (24)  Testosterone;
 
20     (25)  Trenbolone; and
 
21     (26)  Any salt, ester, or isomer of a drug or substance
 
22           described or listed in this subsection, if that salt,
 
23           ester, or isomer promotes muscle growth, except the
 

 
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 1           term "anabolic steroid" does not include an anabolic
 
 2           steroid which is expressly intended for administration
 
 3           through implants to cattle or other nonhuman species
 
 4           and which has been approved by the Secretary of Health
 
 5           and Human Services for nonhuman administration.  If any
 
 6           person prescribes, dispenses, or distributes an
 
 7           anabolic steroid intended for administration to
 
 8           nonhuman species for human use, the person shall be
 
 9           considered to have prescribed, dispensed, or
 
10           distributed an anabolic steroid within the meaning of
 
11           this paragraph.
 
12      (h)  Hallucinogenic substances, including but not limited
 
13 to:
 
14      (1)  Dronabinol (synthetic), in sesame oil and encapsulated
 
15           in a soft gelatin capsule in a United States Food and
 
16           Drug Administration approved drug product."
 
17      SECTION 4.  Section 329-20, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§329-20  Schedule IV.(a)  The controlled substances
 
20 listed in this section are included in schedule IV.
 
21      (b)  Depressants.  Any material, compound, mixture, or
 
22 preparation which contains any quantity of the following
 
23 substances having a degree of danger or probable danger
 

 
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 1 associated with a depressant effect on the central nervous
 
 2 system:
 
 3      (1)  Alprazolam;
 
 4      (2)  Barbital;
 
 5      (3)  Bromazepam;
 
 6      (4)  Butorphanol;
 
 7      (5)  Camazepam;
 
 8      (6)  Carisoprodol;
 
 9      (7)  Chloral betaine;
 
10      (8)  Chloral hydrate;
 
11      (9)  Chlordiazepoxide;
 
12     (10)  Clobazam;
 
13     (11)  Clonazepam;
 
14     (12)  Clorazepate;
 
15     (13)  Clotiazepam;
 
16     (14)  Cloxazolam;
 
17     (15)  Delorazepam;
 
18     (16)  Diazepam;
 
19     (17)  Estazolam;
 
20     (18)  Ethchlorvynol;
 
21     (19)  Ethinamate;
 
22     (20)  Ethyl loflazepate;
 
23     (21)  Fludiazepam;
 

 
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 1     (22)  Flunitrazepam;
 
 2     (23)  Flurazepam;
 
 3     (24)  Halazepam;
 
 4     (25)  Haloxazolam;
 
 5     (26)  Ketazolam;
 
 6     (27)  Loprazolam;
 
 7     (28)  Lorazepam;
 
 8     (29)  Lormetazepam;
 
 9     (30)  Mebutamate;
 
10     (31)  Medazepam;
 
11     (32)  Meprobamate;
 
12     (33)  Methohexital;
 
13     (34)  Methylphenobarbital (mephorbarbital);
 
14     (35)  Midazolam;
 
15     (36)  Nimetazepam;
 
16     (37)  Nitrazepam;
 
17     (38)  Nordiazepam;
 
18     (39)  Oxazepam;
 
19     (40)  Oxazolam;
 
20     (41)  Paraldehyde;
 
21     (42)  Petrichloral;
 
22     (43)  Phenobarbital;
 
23     (44)  Pinazepam;
 

 
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 1     (45)  Prazepam;
 
 2     (46)  Quazepam;
 
 3     (47)  Temazepam;
 
 4     (48)  Tetrazepam;
 
 5     (49)  Triazolam;
 
 6     (50)  Zolpidem.
 
 7      (c)  Fenfluramine.  Any material, compound, mixture, or
 
 8 preparation which contains any quantity of the following
 
 9 substances, including its salts, isomers, and salts of isomers,
 
10 whenever the existence of such salts, isomers, and salts of
 
11 isomers is possible:
 
12      (1)  Fenfluramine.
 
13      (d)  Stimulants.  Unless listed in another schedule, any
 
14 material, compound, mixture, or preparation which contains any
 
15 quantity of the following substances having a stimulant effect on
 
16 the central nervous system, including its salts, isomers, and
 
17 salts of such isomers whenever the existence of such salts,
 
18 isomers, and salts of isomers is possible within the specific
 
19 chemical designation:
 
20      (1)  Diethylpropion;
 
21      (2)  Phentermine;
 
22      (3)  Pemoline (including organometallic complexes and
 
23           chelates thereof).
 

 
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 1      (e)  Other substances.  Unless specifically excepted or
 
 2 unless listed in another schedule, any material, compound,
 
 3 mixture, or preparation which contains any quantity of the
 
 4 following substances, including its salts:
 
 5     [(1)  Dextropropoxyphene;
 
 6      (2)] (1)  Pentazocine.
 
 7      (f)  The department of public safety may except by rule any
 
 8 compound, mixture, or preparation containing any depressant
 
 9 substance listed in subsection (b) or any stimulant listed in
 
10 subsection (d) from the application of all or any part of this
 
11 chapter if the compound, mixture, or preparation contains one or
 
12 more active medicinal ingredients not having a depressant or
 
13 stimulant effect on the central nervous system, and if the
 
14 admixtures are included therein in combinations, quantity,
 
15 proportion, or concentration that vitiate the degree of danger or
 
16 probable danger of the substances which have a depressant or
 
17 stimulant effect on the central nervous system.
 
18      (g)  Narcotic drugs.  Unless specifically excepted or unless
 
19 listed in another schedule, any material, compound, mixture, or
 
20 preparation containing any of the following narcotic drugs, or
 
21 their salts calculated as the free anhydrous base or alkaloid, in
 
22 limited quantities as set forth below:
 
23      (1)  Not more than 1 milligram of difenoxin and not less
 

 
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 1           than 25 micrograms of atropine sulfate per dosage unit
 
 2           (modafinil); and
 
 3      (2)  Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-
 
 4           diphenyl-3-methyl-2-propionoxybutane)."
 
 5      SECTION 5.  Section 329-42, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  It is unlawful for any person knowingly or
 
 8 intentionally:
 
 9      (1)  To distribute as a registrant a controlled substance
 
10           classified in schedule I or II, except pursuant to an
 
11           order form as required by section 329-37;
 
12      (2)  To use in the course of the manufacture or distribution
 
13           of a controlled substance a registration number that is
 
14           fictitious, revoked, suspended, or issued to another
 
15           person;
 
16      (3)  To [acquire or] obtain [possession of a controlled
 
17           substance by misrepresentation, fraud, forgery,
 
18           deception, or subterfuge;] or attempt to obtain any
 
19           controlled substance or procure or attempt to procure
 
20           the administration of any controlled substance:
 
21           (A)  By fraud, deceit, misrepresentation, embezzlement,
 
22                theft; or
 
23           (B)  By the forgery or alteration of a prescription or
 

 
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 1                of any written order; or
 
 2           (C)  By furnishing fraudulent medical information or
 
 3                the concealment of a material fact; or
 
 4           (D)  By the use of a false name, patient identification
 
 5                number or the giving of false address.
 
 6      (4)  To furnish false or fraudulent material information in,
 
 7           or omit any material information from, any application,
 
 8           report, or other document required to be kept or filed
 
 9           under this chapter, or any record required to be kept
 
10           by this chapter;
 
11      (5)  To make, distribute, or possess any punch, die, plate,
 
12           stone, or other thing designed to print, imprint, or
 
13           reproduce the trademark, trade name, or other
 
14           identifying mark, imprint, or device of another or any
 
15           likeness of any of the foregoing upon any drug or
 
16           container or labeling thereof so as to render the drug
 
17           a counterfeit substance;
 
18      (6)  To misapply or divert to the person's own use or other
 
19           unauthorized or illegal use or to take, make away with,
 
20           or secrete, with intent to misapply or divert to the
 
21           person's own use or other unauthorized or illegal use,
 
22           any controlled substance that shall have come into the
 
23           person's possession or under the person's care as a
 

 
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 1           registrant or as an employee of a registrant who is
 
 2           authorized to possess controlled substances or has
 
 3           access to controlled substances by virtue of the
 
 4           person' employment; or
 
 5      (7)  To make, distribute, possess, or sell any prescription
 
 6           form, whether blank, faxed, computer generated,
 
 7           photocopied, or reproduced in any other manner without
 
 8           the authorization of the licensed practitioner."
 
 9      SECTION 6.  Section 329-46, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§329-46  Prohibited acts related to visits to more than one
 
12 practitioner to obtain controlled substance prescriptions.(a)
 
13 It is unlawful for any person knowingly or intentionally to visit
 
14 more than one practitioner and give fraudulent information or
 
15 intentionally withhold information regarding previous
 
16 practitioner visits for the purpose of obtaining one or more
 
17 controlled [substance] substances or controlled substance
 
18 prescriptions [for quantities that:
 
19      (1)  Exceed what any single practitioner would have
 
20           prescribed or dispensed for the time period and
 
21           legitimate medical purpose represented; and
 
22      (2)  Would constitute an offense pursuant to part IV of
 
23           chapter 712].
 

 
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 1      (b)  Information communicated to a physician in an effort to
 
 2 unlawfully procure a controlled substance, or to unlawfully
 
 3 procure the administration, prescribing, or dispensing of any
 
 4 controlled substance shall not be deemed a privileged
 
 5 communication.
 
 6      (c)  [Any person who violates this section is guilty of a
 
 7 crime which is of the grade and class identical to that imposed
 
 8 under part IV of chapter 712 for the same type and equivalent
 
 9 quantity of controlled substance.] Any person who violates this
 
10 section shall be guilty of a class C felony."
 
11      SECTION 7.  Section 329-69, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]§329-69[]]  Subpoena powers.  Subject to the privileges
 
14 which witnesses have in the courts of this State, the director of
 
15 public safety or the director's designated subordinate is
 
16 empowered pursuant to and in accordance with the rules of court
 
17 to subpoena witnesses, examine them under oath and require the
 
18 production of books, papers, documents or objects where the
 
19 director of public safety reasonably believes the information
 
20 sought is relevant or material to enforcement of this [part.]
 
21 chapter.  Books, papers, documents, or objects obtained pursuant
 
22 to exercise of these powers may be retained by the director of
 
23 public safety or the director's designate for [a reasonable
 

 
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 1 period of time] forty-eight hours for the purpose of examination,
 
 2 audit, copying, testing, or photographing.  Upon application by
 
 3 the director of public safety, obedience to the subpoenas may be
 
 4 enforced by the circuit court in the county where the person
 
 5 subpoenaed resides or is found in the same manner as a subpoena
 
 6 issued by the clerk of a circuit court."
 
 7      SECTION 8.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 9.  This Act shall take effect upon its approval.