SB2373 HD2

THE SENATE	S.B. NO.	2373
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII		H.D. 2

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~~] shall comply 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 approved by the administrator, showing the date of the transaction, name and address of the person, and the amount of the compound, mixture, or preparation.]

(3) The pharmacy or retailer shall record, in an electronic log on software provided by the narcotics enforcement division of the department and approved by the administrator:

(A) The date of any transaction under paragraph (2);

(B) The name, address, and date of birth of the person;

(D) The agency issuing the identification used; and

(E) The name of the compound, mixture, or preparation, and the amount;

provided that no other information shall be required of the individual obtaining the controlled substance; and

(4) The pharmacy or retailer shall:

(A) Record the information required under paragraph (3) on an electronic worksheet on software provided by the narcotics enforcement division of the department; and

(B) Electronically mail the worksheet record to the narcotics enforcement division once a month.

The information shall be retained by the pharmacy or retailer for a period of two years. The electronic log shall be capable of being checked for 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 on January 1, 2050; provided that a pharmacy or retailer shall have until January 1, 2050, to establish the electronic log using software provided by the narcotics enforcement division of the department of public safety required under this Act.