SB2811.DOC

THE SENATE	S.B. NO.	2811
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to pharmacies.

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

SECTION 1. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§461- Electronic prescriptions; capacity required. (a) Every pharmacy and remote dispensing pharmacy operating under a permit or prior notification issued pursuant to this chapter shall have the capacity to maintain prescription records electronically and to accept and transmit prescription information electronically in accordance with the requirements of sections 328-17.7 and 328-17.8."

SECTION 2. Section 328-17.7, Hawaii Revised Statutes, is amended to read as follows:

"§328-17.7 Record of prescriptions. (a) Every practitioner, pharmacist, or medical oxygen distributor who compounds, sells, or delivers any prescribed drug to a patient or a patient's agent shall maintain records that identify:

(1) The specific drug product dispensed, including:

(A) The product's national drug code (NDC) number; or

(B) The brand name or the established name and the name or commonly accepted abbreviation of the principal labeler of the drug product dispensed, the product strength, and the dosage form;

(2) The quantity of the drug;

(3) Directions for use;

(4) The number of allowable refills;

(5) The date of initial dispensing and the dates of all refilling;

(6) The date of any transfer of the prescription;

(7) The name, business address, and telephone number of the recipient pharmacist or medical oxygen distributor for any transfer of prescription;

(8) The prescribing practitioner, including name, business address, and telephone number;

(9) The format (oral, written, or electronic) in which the prescription was received;

(10) The patient, including name, address, and telephone number;

(11) The date of prescribing; and

(12) The name of the practitioner, pharmacist, or medical oxygen distributor dispensing the drug.

Every prescription dispensed shall have the name of the pharmacist, dispensing practitioner, or medical oxygen distributor responsible for the dispensing appended to the prescription record, and every prescription record shall be preserved and legible for a period of not less than five years. The prescription records shall be subject at all times to the inspection of the director of health or the director's agent.

(b) Prescription records [~~may~~] shall be electronically maintained using an appropriate prescription information processing system; provided that:

(1) There [~~are~~] shall be procedures to maintain the records, including but not limited to auxiliary procedures for backing up files, computer downtime, and the protection of patient confidentiality; and

(2) Upon request the prescription records, or a subset thereof, shall be provided to the director or the director's agent, in a form specified by the director, within forty-eight hours.

(c) Prescription records shall be maintained electronically [~~or manually~~] such that the information contained in the records is readily retrievable during the pharmacy's normal operating hours."

SECTION 3. Each pharmacy and remote dispensing pharmacy subject to chapter 461, Hawaii Revised Statutes, shall be in compliance with this Act by no later than January 1, 2011. Failure to comply with this Act shall constitute a violation of chapter 461, Hawaii Revised Statutes, and subject to any disciplinary action imposed by the board of pharmacy pursuant to section 461-21, Hawaii Revised Statutes.

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

SECTION 5. This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________