STAND. COM. REP. NO. 721

Honolulu, Hawaii

, 2005

RE: S.B. No. 829

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 829 entitled:

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

begs leave to report as follows:

The purpose of this measure is to regulate the use, distribution, and monitoring of drug products containing ephedrine, phenylpropanolamine, and pseudoephedrine as well as amend other provisions of Hawaii's controlled substances law.

Specifically, this measure:

(1) Classifies ephedrine, pseudoephedrine, and phenylpropanolamine as schedule V controlled substances;

(2) Prohibits a pharmacy from dispensing, selling, or distributing, without a prescription, any product containing certain quantities of ephedrine, pseudoephedrine, or phenylpropanolamine;

(3) Clarifies time limits on filling and holding schedule II controlled substances prescriptions on the part of pharmacists;

(4) Removes the exemption on over-the-counter retail sales of pseudoephedrine and ephedrine combination products; and

(5) Amends Hawaii's electronic prescription accountability system relating to the ability of law enforcement to disseminate information to other state governmental prescription monitoring programs.

Testimony in support of the measure was submitted by the Department of Public Safety, the Honolulu Police Department, the Department of the Prosecuting Attorney for the City and County of Honolulu, Times Supermarket, Longs Drugs, and one individual. Testimony in opposition to the measure was submitted by the Legislative Information Services of Hawaii and the Hawaii Food Industry Association.

Your Committee finds that this measure regulates the use, dispensing, and monitoring of drug products that contain ephedrine, pseudoephedrine, and phenylpropanolamine as well as amends other provisions of Hawaii's controlled substances law.

Your Committee has amended this measure by:

(1) Deleting provisions that classify ephedrine, pseudoephedrine, and phenylpropanolamine as schedule V controlled substances;

(2) Removing the requirement that a licensed pharmacist or registered pharmacy technician be the only individuals authorized to dispense, sell, or distribute drug products containing certain quantities of ephedrine or pseudoephedrine;

(3) Deleting the identification requirements imposed on individuals purchasing drug products that contain ephedrine or pseudoephedrine; and

(4) Removing the mandatory thirty-day period under which a person is limited to purchasing, receiving, or acquiring no more than nine grams of any product, mixture, or preparation containing ephedrine, pseudoephedrine, and phenylpropanolamine.

In place of these provisions, your Committee has included the following:

(1) Requiring wholesalers and distributors of drugs that contain the active ingredients ephedrine or pseudoephedrine to provide monthly sales reports to the Department of Public Safety;

(2) Limiting the amount of ephedrine as well as pseudoephedrine contained in a drug product that may be sold over-the-counter;

(3) Restricting the number of drug products containing pseudoephedrine or ephedrine that may purchased in one transaction;

(4) Authorizing retailers to restrict access to drug products containing ephedrine or pseudoephedrine;

(5) Requiring retailers to establish educational program for its employees relating to methamphetamine production; and

(6) Establishing the misdemeanor criminal offense of unauthorized sale of ephedrine or pseudoephedrine for retailers that violate requirements with respect to the over-the-counter sale of drug products containing ephedrine or pseudoephedrine.

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 S.B. No. 829, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 829, S.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,

____________________________

COLLEEN HANABUSA, Chair