SB2882 SD1

SECTION 1. Section 329-1, Hawaii Revised Statutes, is amended as follows:

1. By adding the definition of "mail order pharmacy" to read:

""Mail order pharmacy" means an out-of-state pharmacy or entity engaged in the practice of pharmacy which has obtained a permit pursuant to section 461-15, Hawaii Revised Statutes, to distribute, ship, mail or deliver prescription drugs or devices into the State."

2. By amending the definition of "identification number" to read:

""Identification number" means, with respect to a patient:

(1) The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number[;], or, with respect to a mail order pharmacy, "identification number" means a unique patient identifier assigned to the individual by the payor, insurer, or pharmacy benefit manager;

(2) If the patient is a foreign patient, the patient's passport number;

(3) If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;

(4) If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or

(5) If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3)."

SECTION 2. Section 329-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) It is unlawful for any person:

(1) Who is subject to part III to distribute, administer, prescribe, or dispense a controlled substance in violation of section 329-38; however, a licensed manufacturer or wholesaler may sell or dispense a controlled substance to a master of a transpacific ship or a person in charge of a transpacific aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board [~~such~~] the ship or aircraft when not in port; provided schedule I or II controlled substances shall be sold to the master of [~~such~~] the ship or person in charge of [~~such~~] the aircraft only in accordance with the provisions set forth in 21 Code of Federal Regulations, Sections 1301, 1305, and 1307, adopted pursuant to Title 21, United States Code, Section 821;

(2) Who is a registrant to manufacture a controlled substance not authorized by the registrant's registration or to distribute or dispense a controlled substance not authorized by the registrant's registration to another registrant or another authorized person;

(3) To refuse or fail to make available, keep, or furnish any record, notification, order form, prescription, statement, invoice, or information in patient charts relating to the administration, dispensing, or prescribing of controlled substances;

(4) To refuse any lawful entry into any premises for any inspection authorized by this chapter;

(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter or chapter 712, part IV; or

(6) Who is a practitioner or pharmacist to dispense a controlled substance to any individual not known to the practitioner or pharmacist, without first obtaining proper identification and documenting, by signature on a log book kept by the practitioner or pharmacist, the identity of and the type of identification presented by the individual obtaining the controlled substance. For purposes of this section, a patient properly enrolled in a mail order prescription drug plan is "known to" the mail order pharmacist. If the individual does not have any form of proper identification, the pharmacist shall verify the validity of the prescription and identity of the patient with the prescriber, or their authorized agent, before dispensing the controlled substance. For the purpose of this section, "proper identification" means government-issued identification containing the photograph, printed name, and signature of the individual obtaining the controlled substance."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	2882
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII