Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1051, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to elucidate the procedures by which unused prescription drugs dispensed within health care institutions may be returned for credit to the payer and subsequent reuse, or may be donated to a drug repository. Specifically, this bill:

(3) Makes housekeeping amendments to these two laws.

The Department of Health supported this bill with amendments. The Hawaii Medical Service Association supported the intent of the bill with amendments. A private citizen submitted testimony in opposition to this measure. The Board of Pharmacy commented and offered amendments.

Your Committee finds that this bill would expand the types of prescription drugs that could be returned for credit and reuse, by including drugs in an "in-use multiple dose container." "Multiple dose container" as defined in chapter 461, HRS, (Pharmacists and Pharmacy), includes only those drugs intended to be administered intravenously or by injection, and would include multiple doses of drugs in a single container. Thus, the bill would allow these multiple dose containers to be returned even if they were "in-use."

Your Committee finds that including these drugs would raise safety concerns, and conflict with the requirement in section 328B-2(b), HRS, that drugs eligible for return and reuse be limited to those in containers that have never before been opened.

Therefore, your Committee has amended this measure to exclude in-use multiple dose containers from the Return-for-Credit-and-Reuse program. Technical, nonsubstantive amendments have also been made for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1051, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1051, H.D. 2.