Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 1051, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to clarify 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.

The Department of Health, Kaiser Permanente, and the Medicine Bank Hawaii Primary Care Association submitted testimony in opposition. The Board of Pharmacy submitted comments.

Your Committee agrees with the Department of Health that it is unclear whether the goal of harmonizing chapters 328B, 328C, and 461, Hawaii Revised Statutes, is appropriate and finds that this measure does not achieve that goal. It is questionable whether this bill clarifies the procedures as intended.

Upon further consideration, your Committee has amended this measure by deleting all of its provisions and inserting the language of S.B. No. 1420, S.D. 2, to encourage further discussion and consideration of that measure. The purpose of S.B. No. 1420, S.D. 2 is to prohibit the Department of Human Services from restricting payment for or a recipient's access to psychotropic medication. It also requires the Department of Human Services to establish presumptive eligibility for psychotropic medication coverage until a decision is made, and exempts licensed providers from preauthorization for prescription psychotropic medication.

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