STAND

STAND. COM. REP. NO.3262

Honolulu, Hawaii

, 2002

RE: H.B. No. 703

H.D. 1

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 703, H.D. 1, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to update the law on uniform controlled substances and to conform the law to federal regulation.

Testimony in support of this measure was received from the Department of Public Safety (PSD). Testimony in opposition was received from the Hawaii Medical Association.

This measure would bring the State's Uniform Controlled Substances Act in conformance with changes in federal drug laws, and would enhance the enforcement capabilities of the Narcotics Enforcement Division of the PSD.

Your Committee finds that the Uniform Controlled Substances Act is subject to constant changes in the federal drug laws. Consequently, the PSD periodically submits a measure to update and conform Hawaii's narcotic law.

Your Committee has amended this measure on the recommendation of the PSD by deleting its contents and inserting H.B. No. 2562, H.D. 1., which differs as follows:

(1) Deletes the two new definitions of "Controlled substance analogue" and "Locum tenens practitioner" (section 1 of H.B. No. 703, S.D. 1);

(2) Deletes the amendments to sections 329-11 and 329-14, Hawaii Revised Statutes (HRS) (sections 2 and 3 of H.B. No. 703, S.D. 1);

(3) Deletes the amendment to section 329-16(b), HRS (section 4 of H.B. No. 703, S.D. 1);

(4) Deletes the amendments to sections 329-16(g), 329-18(c) and (h), and 329-20(g), HRS (sections 6, 7, 8, and 10 of H.B. No. 703, S.D. 1);

(5) Amends section 329-16(c), HRS, by deleting paragraph (19) and section 329-20(d), HRS, by amending paragraph (12);

(6) Amends section 329-38, HRS, relating to prescriptions to clarify:

(a) Emergency situations necessitating the dispensing of controlled substances by oral authorization;

(b) Prescription requirements for patients in a long term care facility or with a terminal illness; and

(7) Amends section 329-40, HRS, relating to methadone treatment program, to replace "Food and Drug Administration" with "Substance Abuse and Mental Health Services Administration" as the proper federal agencies, and to clarify the permissible take-home dosages of methadone;

(8) Amends section 329-59, HRS, relating to controlled substances revolving fund, to add processing and issuance of patient registry identification certificate as a permissible offsetting cost, and to add the registration certificate fees as income to the fund;

(9) Deletes amendments to section 329-61, HRS, relating to substances subject to reporting (section 11 of H.B. No. 703, S.D. 1); section 329-65, HRS, relating to penalties (section 12 of H.B. No. 703, S.D. 1); section 329-101, HRS, relating to electronic prescription accountability system (section 13 of H.B. No. 703, S.D. 1);

(10) Appropriates $10,000, to the PSD for equipment and expenses to carry out the purposes of the medical use of marijuana law; and

(11) Conforms the amended sections to various amendments made in the 2001 Session.

Your Committee further amended the provisions inserted from H.B. 2562, H.D. 1, by deleting from the amendment to section 329-38, HRS, the requirement that pharmacists record on the prescription that the patient is terminally ill.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 703, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 703, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ BRIAN KANNO, Chair