HOUSE OF REPRESENTATIVES	H.B. NO.	652
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO REMOTE DISPENSING.

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

     SECTION 1.  Act 212, Session Laws of Hawaii 2008, section 2 as amended by Acts 11 and 96, Session Laws of Hawaii 2009, is amended as follows:

     1.  By amending subsection (c) of the proposed new section 461-   , Hawaii Revised Statutes, to read:

     "(c)  No remote dispensing pharmacy shall operate within a five-mile radius of any pharmacy as defined under section 461-1; provided that:

     (1)  This subsection shall not apply to any remote dispensing pharmacy established prior to the effective date of this Act that has previously dispensed and will continue to dispense only prescription medications acquired pursuant to section 340B of the Public Health Service Act, title 42 United States Code section 256b; [and]

     (2)  If an appropriately designated pharmacy, as defined in section 461-1, Hawaii Revised Statutes, is established within a five-mile radius of an existing remote dispensing pharmacy exempted by this subsection, all appropriate measures shall be taken to encourage the relocation of the existing remote dispensing machine within the newly established pharmacy[.]; and

(3) Beginning on the effective date of Act    , Session Laws of Hawaii 2013, no new remote dispensing pharmacy shall operate within a ten-mile radius of any pharmacy as defined under section 461-1; provided that this paragraph shall not apply to any remote dispensing pharmacy in operation prior to the effective date of Act    , Session Laws of Hawaii 2013."

     2.  By amending subsection (o) of the proposed new section 461-   , Hawaii Revised Statutes, to read:

     "(o)  This section shall not apply to:

     (1)  Mobile medical clinics, provided that no such clinic shall operate in counties with a population less than 100,000; or

     (2)  Federally qualified health centers[,]; provided that [no]:

(A) No remote dispensing pharmacy shall operate within a five-mile radius of any pharmacy as defined under section 461-1, except for those federally qualified health centers that are exempt under section 461-   (c)(2)[.]; and

(B) Beginning on the effective date of Act    , Session Laws of Hawaii 2013, no new remote dispensing pharmacy shall operate within a ten-mile radius of any pharmacy as defined in section 461-1, except for those federally qualified health centers that are exempt under section 461‑   (c)(2); provided that this subparagraph shall not apply to any remote dispensing pharmacy in operation prior to the effective date of Act    , Session Laws of Hawaii 2013.

As used in this subsection, "mobile medical clinic" means a motor vehicle retrofitted for exclusive use as a medical office or clinic for medical services licensed under chapter 321."

     SECTION 2.  Act 212, Session Laws of Hawaii 2008, as amended by Acts 11 and 96, Session Laws of Hawaii 2009, is amended by amending section 7 to read as follows:

     "SECTION 7.  This Act shall take effect upon its approval and shall be repealed on January [2, 2014.] 1, 2016."

     SECTION 3.  In printing this Act, the revisor of statutes shall insert in section 1 of this Act the corresponding act number of this Act.

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

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Remote Dispensing Pharmacy

Description:

Prohibits new remote dispensing pharmacies from operating within ten miles of any pharmacy, excepting those remote dispensing pharmacies in operation prior to the effective date of this measure.  Extends the repeal date of Act 2012, Session Laws of Hawaii 2008, to January 1, 2016.  (SD1)

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