Report Title:

Remote Dispensing Pharmacy; Better Access to Medications

Description:

Allows remote dispensing pharmacies operating on islands without a pharmacy to: 1) provide medications to patients with any health insurance; 2) dispense controlled substances under certain conditions; and 3) continue operating after a pharmacy is later established on the same island.  Effective 7/1/2020.  (HB655 HD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	655
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO REMOTE DISPENSING PHARMACIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that many individuals living in underserved or remote areas need improved access to medications and pharmacy services.  Access to medications and pharmacy services is also critical for individuals who are privately insured and who reside on islands where there are no pharmacies.  Without access to an on-island pharmacy, individuals face tremendous barriers to obtaining basic, much-needed medications.

     The purpose of this Act is to permit residents on islands where there are no pharmacies to have access to a remote dispensing pharmacy for the purpose of obtaining medications regardless of the type of medical insurance they may have.

     SECTION 2.  Section 461-10.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (c) and (d) to read as follows:

     "(c)  No remote dispensing pharmacy shall operate within a five mile radius of any pharmacy as defined under section 461-1; provided that:

     (1)  This subsection shall not apply to [any]:

(A) Any remote dispensing pharmacy established prior to July 3, 2008, that has previously dispensed and will continue to dispense only prescription medications acquired pursuant to section 340B of the Public Health Service Act, Title 42 United States Code section 256b[; and]; or

(B) Any remote dispensing pharmacy located on an island that did not have a pharmacy at the time the remote dispensing pharmacy was established.  Such remote dispensing pharmacies may continue to operate in the same location if a pharmacy is subsequently established on the same island as the remote dispensing pharmacy; and

     (2)  If an appropriately designated pharmacy, as defined in section 461-1, is established within a five mile radius of an existing remote dispensing pharmacy exempted by [this subsection,] paragraph (1)(A), all appropriate measures shall be taken to encourage the relocation of the existing remote dispensing machine within the newly established pharmacy.

     (d)  Remote dispensing pharmacies shall not provide medications to patients with health insurance coverage except for patients covered by QUEST[.]; provided that a remote dispensing pharmacy established on an island without a pharmacy may:

(1) Provide medications to patients with any health insurance coverage; and

(2) Continue to operate in the same location if a pharmacy is subsequently established on the same island as the remote dispensing pharmacy."

      2.  By amending subsection (j) to read as follows:

     "(j)  Controlled substances shall not be dispensed from any remote dispensing machine or remote dispensing pharmacy[.]; provided that:

(1) A remote dispensing pharmacy established on an island without a pharmacy may dispense controlled substances; and

(2) Upon the establishment of a pharmacy on the same island where a remote dispensing pharmacy is dispensing controlled substances under paragraph (1), no remote dispensing pharmacy on that island shall be authorized to dispense controlled substances."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2020.