STAND. COM. REP. NO.  1173

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 40

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.B. No. 40, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE,"

begs leave to report as follows:

     The purpose of this bill is to further control pseudoephedrine by:

     (1)  Reclassifying pseudoephedrine or any drug containing pseudoephedrine as a schedule V drug;

     (2)  Requiring all drugs containing pseudoephedrine to be removed from public areas where over-the-counter drugs are sold;

     (3)  Requiring psuedoephedrine to be dispensed only with a prescription, with certain exceptions, including limiting the quantities dispensed and documenting the dispensation; and

     (4)  Repealing certain laws related to pseudoephedrine, as conforming amendments.

     The City and County of Honolulu Department of the Prosecuting Attorney testified in support of this bill.  The Department of Public Safety (PSD) supported the intent of this measure.  The Drug Policy Forum of Hawai‘i, Hawaii Food Industry Association, and a concerned individual opposed this bill.  McKesson Corporation and Legislative Information Services of Hawaii provided comments.

     Your Committee has amended this bill by:

     (1)  Requiring PSD to expand its electronic drug dispensation tracking system and allowing one year for the system to be implemented;

     (2)  Requiring PSD to report to the Legislature prior to the 2012 Regular Session on its progress in developing the tracking system;

     (3)  Removing provisions limiting sales of pseudoephedrine to certain quantities, unless a prescription is obtained; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 40, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 40, S.D. 2, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

RYAN I. YAMANE, Chair