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THE SENATE |
S.B. NO. |
175 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "written certification" to read as follows:
""Written certification" means
the qualifying patient's medical records or a statement signed by a qualifying
patient's physician, stating that in the physician's professional opinion, the
qualifying patient has a debilitating medical condition and the potential
benefits of the medical use of marijuana would likely outweigh the health risks
for the qualifying patient. The department of [public safety] health
may require, through its rulemaking authority, that all written certifications
comply with a designated form. "Written certifications" are valid
for only one year from the time of signing."
SECTION 2. Section 329-123, Hawaii Revised Statutes, is amended to read as follows:
"[[]§329-123[]]
Registration requirements. (a) Physicians who issue written
certifications shall register the names, addresses, patient identification
numbers, and other identifying information of the patients issued written
certifications with the department of [public safety.] health.
(b) Qualifying patients shall register with
the department of [public safety.] health. Such registration
shall be effective until the expiration of the certificate issued by the
physician. Every qualifying patient shall provide sufficient identifying
information to establish personal identity of the qualifying patient and the
primary caregiver. Qualifying patients shall report changes in information
within five working days. Every qualifying patient shall have only one primary
caregiver at any given time. The department of health shall then issue
to the qualifying patient a registration certificate, and may charge a
reasonable fee not to exceed $25.
(c) Primary caregivers shall register with the
department of [public safety.] health. Every primary caregiver
shall be responsible for the care of only one qualifying patient at any given
time.
(d) Upon an inquiry by a law enforcement
agency, the department of [public safety] health shall verify
whether the particular qualifying patient has registered with the department of
health and may provide reasonable access to the registry information for
official law enforcement purposes."
SECTION 3. All rights, powers, functions, and duties of the department of public safety relating to the medical use of marijuana under chapter 329, part IX, Hawaii Revised Statutes, are transferred to the department of health.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of public safety relating to the functions transferred to the department of health shall be transferred with the functions to which they relate.
SECTION 5. All designated forms for written certifications issued by the department of public safety shall be valid under the department of health until the department of health issues new designated forms.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act, upon its approval, shall take effect on January 2, 2012.
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INTRODUCED BY: |
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Report Title:
Medical Use of Marijuana
Description:
Transfers jurisdiction over the medical marijuana laws from the department of public safety to the department of health.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.