HB3018

SECTION 1. The legislature finds that in order to assist law enforcement in its efforts to combat methamphetamine, the State needs a centralized real-time electronic logbook to document transactions made at pharmacies that involve the sale of products containing ephedrine, pseudophedrine, and phenylpropanolamine. The purpose of this Act is to automate the existing reporting requirements established in state law for purchasing pseudophedrine and similar substances.

SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§329- Electronic purchase logbook. (a) By December 31, 2008, the narcotics enforcement division, department of public safety, shall establish and maintain an electronic purchase logbook for the purpose of entering transactions required to be reported pursuant to subsection 329-75(a). The logbook shall be capable of checking compliance of all state, county, and federal laws, including interfacing with other states to ensure comprehensive compliance. The log shall:

(1) Be kept for a period of two years; and

(2) Be subject to random and warrantless inspection by state, county, or federal law enforcement officers.

The narcotics enforcement division of the department of public safety may contract with a private vendor to implement this section.

(b) A pharmacy or retailer shall electronically record the information obtained under this section and shall forward the information in an electronic format designated by the administrator for posting onto the electronic purchase logbook established under this section.

(1) The date of the transaction;

(2) The name, date of birth, and address of the person making the purchase;

(3) The type of identification provided by the purchaser, the identification number, and the issuing state or agency; and

(4) The amount and name of the compound, mixture, or preparation being purchased.

(d) The narcotics enforcement division of the department of public safety shall provide access to the real-time electronic logbook to:

(1) Any person authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care;

(2) A state, county, or federal law enforcement official or a state, county, or federal prosecutor;

(3) A state, county, or federal official who requests access for the purpose of facilitating a product recall necessary for the protection of the public health and safety; and

(4) The state board of pharmacy for the purpose of investigating a suspicious transaction.

(e) The narcotics enforcement division of the department of public safety shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.

(f) The narcotics enforcement division of the department of public safety shall destroy any transaction record maintained in the real-time electronic logbook within two years from the date of its entry unless the electronic record is being used in an ongoing criminal investigation or criminal proceeding.

(g) A person commits an offense if the person knowingly:

(1) Releases or discloses to any unauthorized person any confidential information collected and maintained under this section; or

(2) Obtains confidential information for a purpose not authorized by this section.

A violation of this subsection is a misdemeanor.

As used in this section, "knowingly" has the meaning provided in section 702-206."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3018
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII