STAND. COM. REP. NO. 2489

Honolulu, Hawaii

RE:    S.B. No. 2460

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 2460 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to prohibit pre-signed and predated prescriptions used in obtaining controlled substances and to clarify how the Department of Public Safety's Narcotic Enforcement Division Administrator shall conduct inspections at pharmacies.

     Testimony in support of the measure was submitted by the Department of Public Safety, the Department of the Attorney General, Kaiser Permanente, and the Hawaii Pharmacists Association.

     Your Committee finds that increased regulation is necessary to maintain proper control over prescriptions of pharmaceuticals to avoid abuse and fraud.  This measure prohibits practitioners from predating or pre-signing prescriptions to facilitate the obtaining of controlled substances and any person subject to part III of chapter 329, Hawaii Revised Statutes, from administering, prescribing, or knowingly dispensing any controlled substance without a bona fide physician-patient relationship.  Your Committee determines that these prohibitions will help to reduce the number of incidents of fraudulently obtained controlled substances and diminish the problem of physicians inappropriately issuing prescriptions.

     Your Committee received testimony indicating that further clarification is necessary regarding the guidelines for examining a patient prior to prescribing controlled substances and raising concern with increased penalties for certain violations.  Your Committee determines that these are appropriate considerations for refinement of this measure.

     Accordingly, your Committee has amended this measure by:

     (1)  Changing the definition of "designated member of the physician's health care team" to mean a person authorized by the physician who is also authorized by state law to prescribe prescription drugs, including specified healthcare professionals;

     (2)  Removing the enhanced penalty for violations of section 329-41(b), Hawaii Revised Statutes; and

     (3)  Making technical, nonsubstantive changes for purposes of clarity and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2460, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2460, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

DAVID Y. IGE, Chair