STAND. COM. REP. NO.668

Honolulu, Hawaii

, 2001

RE: H.B. No. 703

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 703 entitled:

"A BILL FOR AN ACT RELATING TO CONTROLLED SUBSTANCES,"

begs leave to report as follows:

The purpose of the bill is to:

(1) Create a definition of "controlled substances analogues" that would treat substances similar in chemical structure or physical effect to a regulated controlled substance as if it were a controlled substance without specific legislative approval;

(2) Define "locum tenens practitioner";

(3) Allow the Department of Public Safety to change the schedule of controlled substances by rulemaking instead of legislative approval;

(4) Amend the schedule of controlled substances to reflect recent changes in the schedule of federal controlled substances;

(5) Raise penalties under section 329-65, Hawaii Revised Statutes (HRS);

 

(6) Make it unlawful for any person to obtain by deceit any controlled substances listed under section 329-61, HRS, or procure or attempt to procure by deceit those substances; and

(7) Require "patient's address and the date the prescription is issued" as information to be transmitted electronically to the department's electronic prescription accountability system.

Your Committee received testimony in support of the measure from the Department of Public Safety. Your Committee received testimony in opposition to the measure from the Office of the Public Defender.

Your Committee finds that there would be improper delegation of legislative authority to the Executive branch of government by:

(1) Allowing the use of a category of "controlled substance analogue" to automatically put substances onto the list of controlled substance; and

(2) Allowing the Department of Public Safety to change the schedule of controlled substances by rulemaking and without legislative approval.

Your Committee further finds that there is no indication as to the need to raise the present penalties for violation of the proscriptions on controlled substances.

Your Committee amended this bill by:

(1) Deleting references to "controlled substance analogue";

(2) Deleting provisions to allow scheduling of controlled substances by rulemaking and without legislative approval;

(3) Deleting provisions increasing penalties under section 329-65, HRS; and

(4) Making technical and nonsubstantive changes for the purpose of clarity and style.

 

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 703, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 703, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair