THE SENATE	S.B. NO.	3140
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT MANDATORY REPORTING.

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

SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding to part III a new section to be appropriately designated and to read as follows:

"§329- Mandatory reporting. (a) Notwithstanding any other state law concerning confidentiality to the contrary, the holder of a controlled substances registration issued under section 329-32 who, in the holder's professional or official capacity, has reason to believe that a controlled substance in the holder's inventory has been stolen, embezzled, or otherwise obtained by fraud or diversion, shall immediately report the matter orally to the administrator.

(b) The initial oral report shall be followed as soon as practicable by a written report to the administrator; provided that:

(1) All written reports shall contain the name and address of the suspected perpetrator, if known, the nature and extent of the theft, embezzlement, fraud, or diversion, and any other information that the reporter believes might be helpful or relevant to the investigation of the theft, embezzlement, fraud, or diversion; and

(2) This section shall not be construed to provide a basis for a cause of action against the administrator, or the department of public safety.

(c) Any person subject to subsection (a), upon demand of the administrator, shall provide all information related to the alleged incident of theft, embezzlement, fraud, or diversion, including but not limited to records, reports, and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (b).

(d) Any person subject to this section who knowingly prevents another person from reporting, or who knowingly fails to provide information as required by this section, shall be guilty of a misdemeanor."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Uniform Controlled Substances Act; Mandatory Reporting

Description:

Creates a new section under chapter 329, Hawaii Revised Statutes, to require the holder of a controlled substances registration to immediately report orally the theft, embezzlement, fraud, or diversion of a controlled substance in the holder's inventory. Requires the submission of a written report to the administrator of the Narcotics Enforcement Division that provides all information related to the theft, embezzlement, fraud, or diversion of controlled substances in the holder's inventory, including but not limited to, records, reports, and any image, film, video, or other electronic medium. Establishes a misdemeanor penalty for a person who prevents another from reporting, or who knowingly fails to provide information as required.

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