STAND. COM. REP. NO. 766

Honolulu, Hawaii

RE: S.B. No. 1263

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 1263 entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT,"

begs leave to report as follows:

The purpose and intent of this measure is to update section 329-38(i), Hawaii Revised Statutes, to be consistent with federal law by allowing the use of either words or figures to indicate quantity on electronic prescriptions.

Your Committee received testimony in support of this measure from the Department of Public Safety, Kaiser Permanente Hawaii, and Greenwich Biosciences. Your Committee received comments on this measure from Akamai Cannabis Clinic.

Your Committee finds that existing state law requires words and figures be used to indicate quantity on all prescriptions for controlled substances, whereas federal law allows words or figures. According to testimony from the Department of Public Safety, many electronic prescription programs conform with federal law and therefore do not have the capability to use both words and figures. As a result, electronic prescriptions may be rejected and must be reissued in written form, by fax, or telephonically. This measure conforms Hawaii electronic prescription requirements with federal regulations, thereby reducing barriers to electronic prescription use in the State.

Your Committee has amended this measure by:

(1) Amending the Controlled Substances Act to make it consistent with amendments in the federal controlled substances law by including a Schedule V controlled substance used to treat certain childhood-onset epilepsy patients; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1263, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1263, S.D. 1, and be placed on the calendar for Third Reading.

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

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ROSALYN H. BAKER, Chair