Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 411, H.D. 2, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to encourage the donation of pharmaceuticals and health care supplies for the needy by providing immunity from liability for donors.

The Hawaii Pharmacists Association and Hawaii State Primary Care Association testified in support of this measure.

Your Committee finds that pharmacies, drug companies, and drug distributors have supplies of drugs and medicines that are wholesome and safe, but that cannot be sold due to damaged containers or because of short shelf life. Some potential donors with surplus medicines hesitate to donate them because of a fear of liability. Therefore, these medicines, that could otherwise be used by the medically indigent, are being discarded and wasted.

This measure is intended to encourage the donation of surplus medicines by establishing an exception from civil liability for pharmacies, wholesale prescription drug distributors, pharmaceutical companies, and practitioners who donate pharmaceuticals and health care supplies to the needy. By removing the legal impediments to donation, organizations such as the Medical Bank which has supplied medicines to over fifty-three thousand individuals through community health centers on three islands, will be able to meet the medical needs of greater numbers of the medically indigent.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 411, H.D. 2, S.D. 1, and recommends that it be referred to the Committee on Judiciary.