STAND. COM. REP. NO.  546

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 655

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 655, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO REMOTE DISPENSING PHARMACIES,"

begs leave to report as follows:

     The purpose of this bill is to expand access to prescription medications by allowing remote dispensing pharmacies (RDP) located on islands without pharmacies to:

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

     (2)  Dispense controlled substances until such time that a pharmacy is subsequently established on the same island; and

     (3)  Continue operating in the same location if a pharmacy is subsequently established on the same island.

     The Department of Human Services, Department of Public Safety, Board of Pharmacy, Kaiser Permanente Hawaii, Hawaii Medical Service Association, Hawaii Primary Care Association, and several concerned individuals testified in support of this bill.  Walgreens supported the intent of this measure.

     Certain residents have limited access to prescription medications because of Hawaii's unique geography and population distribution.  Act 212, Session Laws of Hawaii 2008, authorized the establishment of RDPs as a means of addressing this issue.  However, this law includes restrictions that present hardships to certain remote areas of Hawaii that may have a greater need for RDPs.  By providing limited exemptions from these restrictions for RDPs located on islands without pharmacies, this measure will improve access to medications and pharmacy services.

     Your Committee has amended this bill by transferring its provisions into the primary RDP statute under section 461-10.5, Hawaii Revised Statutes, to clarify that other than the aforementioned restrictions from which RDPs would be exempted under this measure, the other RDP requirements and restrictions under current law would still apply.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 655, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 655, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair