THE SENATE	S.B. NO.	2811
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 2
STATE OF HAWAII		H.D. 1

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 or by facsimile 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 by amending subsections (b) and (c) to read as follows:

     "(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[.] and capable of being transmitted electronically or by facsimile."

     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, 2012.  Failure to comply with this Act shall constitute a violation of chapter 461, Hawaii Revised Statutes, subject to 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  Statutory material to be repealed is bracketed and stricken.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, 2050.

Report Title:

Electronic Prescriptions; Prescription Records

Description:

Requires all pharmacies and remote dispensing pharmacies to have the capacity to accommodate electronic prescriptions.  Requires all pharmacies, remote dispensing pharmacies, practitioners, and medical oxygen distributors to maintain prescription records electronically.  Effective July 1, 2050.  (SB2811 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.