Report Title:
Pseudoephedrine; Sales; Electronic Log
Description:
Requires electronic logs of pseudoephedrine sales to be made in real time and maintained for 2 years in a form searchable by law enforcement.
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THE SENATE |
S.B. NO. |
2373 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to pseudoephedrine sales.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329-75, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding any other law to the
contrary, a pharmacy or retailer may dispense, sell, or distribute to a person
without a prescription not more than 3.6 grams per day, without regard
to the number of transactions, of any product, mixture, or preparation
containing any detectable quantity of pseudoephedrine, its salts, optical
isomers, or salts of optical isomers[,] as the only active ingredient or
in combination with other active ingredients; provided that the pharmacy or
retailer complies with the following conditions:
(1) The product, mixture, or preparation shall be
dispensed, sold, or distributed from an area not accessible by customers or the
general public, such as behind the counter or in a locked display case and
where the seller delivers the product directly into the custody of the
purchaser; [and]
(2) Any person purchasing or otherwise acquiring any
product, mixture, or preparation shall[:
(A) Produce]
produce proper identification containing the photograph, date of birth,
printed name, [and] signature, and address of the individual
obtaining the controlled substance; [and
(B) Sign
a written log, receipt, or other program or mechanism]
(3) The pharmacy or retailer shall record,
in an electronic log approved by the administrator[, showing]:
the date of the transaction[,]; the name [and],
address, and date of birth of the person[,]; the type of
identification provided by the person; the agency issuing the identification
used; any unique number associated with the identification; and the amount and
name of the compound, mixture, or preparation[.]; and
(4) The information required by paragraph (3) shall be submitted in real time to the electronic log. The information shall be retained by the pharmacy or retailer for a period of two years. The electronic log shall be capable of checking compliance against all state and federal laws, including interfacing with other states to ensure comprehensive compliance, and shall be subject to random and warrantless inspection by county or state law enforcement officers.
No person shall purchase, receive, or otherwise acquire more than nine grams of any product, mixture, or preparation containing any detectable quantity of pseudoephedrine or its salts, isomers, or salts of optical isomers within a thirty-day period, except that this limit shall not apply to any quantity of such product, mixture, or preparation dispensed pursuant to a valid prescription."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval; provided that a pharmacy or retailer shall have until January 1, 2009, to establish the electronic log required under this Act.
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INTRODUCED BY: |
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