THE SENATE	S.B. NO.	40
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 2
		PROPOSED

A BILL FOR AN ACT

RELATING TO PSEUDOEPHEDRINE.

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

     SECTION 1.  Section 329-75, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any other law to the contrary, a pharmacy or retailer may sell or distribute to a person without a prescription not more than 3.6 grams per day, without regard to the number of transactions, of any product, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of optical isomers as the only active ingredient or in combination with other active ingredients; provided that the pharmacy or retailer shall comply with the following conditions:

     (1)  The product, mixture, or preparation shall be sold or distributed from an area not accessible by customers or the general public, such as behind the counter or in a locked display case and where the seller delivers the product directly into the custody of the purchaser;

     (2)  Any person purchasing or otherwise acquiring any product, mixture, or preparation shall produce proper identification containing the photograph, date of birth, printed name, signature, and address of the individual obtaining the substance;

     (3)  The pharmacy or retailer shall record, in an electronic log on software provided by the narcotics enforcement division of the department and approved by the administrator[:] for any transaction of any amount of pseudoephedrine, its salts, optical isomers, or salts of optical isomers, as the only active ingredient or in combination with other active ingredients, sold, distributed, or otherwise dispensed under this chapter:

         (A)  The date of [any] the transaction [under paragraph (2)];

         (B)  The name, address, and date of birth of the person;

         (C)  The type of identification provided by the individual obtaining the substance;

         (D)  The agency issuing the identification used; and

         (E)  The name of the compound, mixture, or preparation, and the amount; and

     (4)  The pharmacy or retailer shall:

         (A)  Record the information required under paragraph (3) on an electronic worksheet on software provided by the narcotics enforcement division of the department; and

         (B)  Electronically mail the worksheet record to the narcotics enforcement division once a month.

          The information shall be retained by the pharmacy or retailer for a period of two years.  The electronic log shall be capable of being checked for compliance against all state and federal laws, including interfacing with other states to ensure comprehensive compliance, and shall be subject to random and warrantless inspection by county or state law enforcement officers."

     SECTION 2.  (a)  The department of public safety shall develop and implement the electronic tracking log pursuant to the requirements of this Act no later than July 1, 2012.

     (b)  The department shall submit a progress report on the electronic log, and any findings and recommendations, to the legislature no later than twenty days prior to the convening of the regular session of 2012.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 5.  This Act shall take effect on July 1, 2050; provided that section 1 shall take effect on July 1, 2012.

Report Title:

Pseudoephedrine; Tracking

Description:

Requires electronic tracking of distribution of pseudoephedrine or any drug containing pseudoephedrine.  Requires report to Legislature prior to the 2012 Regular Session.  Effective July 1, 2050.  (PROPOSED SB40 HD2)

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