REPORT TITLE:
Controlled Substances

DESCRIPTION:
Amends Hawaii's Uniform Controlled Substances Act to conform to
changes in federal and State law.  Increases period for retention
of prescription records from two to five years. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CONTROLLED SUBSTANCES.



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

 1      SECTION 1.  Section 329-1, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Ephedrine" includes any synthetic compound, salt,
 
 5 derivative, mixture, or preparation extracted from the plant
 
 6 (genus) Ephedra that contains the substance ephedrine."
 
 7      SECTION 2.  Section 329-14, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (d) to read as follows:
 
 9      "(d)  Any material, compound, mixture, or preparation that
 
10 contains any quantity of the following hallucinogenic substances,
 
11 their salts, isomers, and salts of isomers, unless specifically
 
12 excepted, whenever the existence of these salts, isomers, and
 
13 salts of isomers is possible within the specific chemical
 
14 designation:
 
15      (1)  Alpha-ethyltryptamine (AET);
 
16      (2)  [2,5-dimethoxy-4-ethylamphet-amine (DOET);] 2,5-
 
17           dimethoxy-4-ethylamphetamine (DOET);
 
18      (3)  2,5-dimethoxyamphetamine (2,5-DMA);
 
19      (4)  3,4-methylenedioxy amphetamine;
 

 
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 1      (5)  3,4-methylenedioxymethamphetamine (MDMA);
 
 2      (6)  N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-
 
 3           MDA);
 
 4      (7)  3,4-methylenedioxy-N-ethylamphetamine (MDE);
 
 5      (8)  5-methoxy-3,4-methylenedioxy-amphetamine;
 
 6      (9)  4-bromo-2,5-dimethoxy-amphetamine(4-bromo-2,5-DMA);
 
 7     (10)  4-Bromo-2,5-dimethoxyphenethylamine (Nexus);
 
 8     (11)  3,4,5-trimethoxy amphetamine;
 
 9     (12)  Bufotenine;
 
10     (13)  4-methoxyamphetamine (PMA);
 
11     (14)  Diethyltryptamine;
 
12     (15)  Dimethyltryptamine;
 
13     (16)  4-methyl-2,5-dimethoxy-amphetamine;
 
14     (17)  [Gamma hydroxybuterate (GHB);] Gamma Hydroxybutyrate
 
15           (GHB);
 
16     (18)  Ibogaine;
 
17     (19)  Lysergic acid diethylamide;
 
18     (20)  Marijuana;
 
19     (21)  Parahexyl;
 
20     (22)  Mescaline;
 
21     (23)  Peyote;
 
22     (24)  N-ethyl-3-piperidyl benzilate;
 
23     (25)  N-methyl-3-piperidyl benzilate;
 

 
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 1     (26)  Psilocybin;
 
 2     (27)  Psilocyn;
 
 3     (28)  1-[1-(2-Thienyl) cyclohexyl]Pyrrolidine (TCPy);
 
 4     (29)  Tetrahydrocannabinols;
 
 5     (30)  Ethylamine analog of phencyclidine (PCE);
 
 6     (31)  Pyrrolidine analog of phencyclidine (PCPy, PHP);
 
 7     (32)  Thiophene analog of phencyclidine (TPCP; TCP)."
 
 8      SECTION 3.  Section 329-31.5, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§329-31.5[]]  Clinics.  Registration as a clinic is
 
11 required when an out-patient medical facility maintains
 
12 centralized ordering, storage, and record keeping of controlled
 
13 substances to be administered and/or dispensed to patients.
 
14 Registration of a clinic requires that:
 
15      (1)  Each location where controlled substances are stocked
 
16           shall be registered by name, location, and designated
 
17           principal practitioner or affiliated pharmacy.  The
 
18           principal practitioner or affiliated pharmacy shall be
 
19           responsible for the accurate maintenance of records
 
20           which document all controlled substances ordered,
 
21           received, administered, and dispensed within the
 
22           clinic;
 
23      (2)  Controlled substances stocked at a clinic under the
 

 
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 1           clinic State of Hawaii and Drug Enforcement
 
 2           Administration registration numbers be administered to
 
 3           clinic patients by licensed or registered health care
 
 4           professionals under the supervision of the treating
 
 5           practitioner;
 
 6      (3)  Controlled substances stocked at a clinic under the
 
 7           clinic State of Hawaii and Drug Enforcement
 
 8           Administration registration numbers be dispensed to
 
 9           clinic patients only by the treating practitioner for
 
10           emergency and urgent care, when a written prescription
 
11           would not be practical;
 
12      (4)  A centralized record signed and dated by the treating
 
13           practitioner which indicates the patient, controlled
 
14           substance, date and time of administration and/or
 
15           dispensing be maintained and stored with the current
 
16           controlled substance inventory, ordering, and receipt
 
17           records.  These records shall be maintained for [two]
 
18           five years; and
 
19      (5)  A clinic practitioner who individually maintains a
 
20           personal stock of controlled substances does so under
 
21           the practitioner's individual State and Drug
 
22           Enforcement Administration registration number.  These
 
23           controlled substances must be kept separate from clinic
 

 
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 1           stock and cannot be accessed by other practitioners.
 
 2      The term "affiliated pharmacy" as used in this section means
 
 3 a licensed pharmacy which supplies and monitors the controlled
 
 4 substances stocked in a registered clinic.
 
 5      The term "clinic" as used in this section means an out-
 
 6 patient medical facility owned and operated by a legal entity
 
 7 that employs individual practitioners for the treatment of
 
 8 patients and which may or may not provide after-hours emergency
 
 9 or urgent care.
 
10      The term "principal physician" means the practitioner in a
 
11 clinic whose signature appears on the clinic's State of Hawaii
 
12 and Drug Enforcement Administration registrations, and who is
 
13 responsible for the proper maintenance, storage, and record
 
14 keeping of the controlled substances ordered and centrally
 
15 stocked in the clinic using the clinic Drug Enforcement
 
16 Administration registration number."
 
17      SECTION 4.  Section 329-38, Hawaii Revised Statutes, is
 
18 amended as follows:
 
19      1.  By amending subsections (a), (b), and (c) to read:  "(a)
 
20 No controlled substance in schedule II may be dispensed without a
 
21 written prescription of a practitioner, except:
 
22      (1)  In an emergency situation, those drugs may be dispensed
 
23           upon oral prescription of a practitioner; provided that
 

 
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 1           promptly thereafter, the prescription is reduced to
 
 2           writing by the practitioner and filed by the pharmacy;
 
 3           or
 
 4      (2)  When dispensed directly by a practitioner, other than a
 
 5           pharmacist, to the ultimate user.  The practitioner in
 
 6           dispensing a controlled substance in schedule II shall
 
 7           affix to the package a label showing:
 
 8           (A)  The date of dispensing;
 
 9           (B)  The name, strength, and quantity issued of the
 
10                drug;
 
11           (C)  The dispensing practitioner's name and address;
 
12           (D)  The name of the patient;
 
13           (E)  The date the potency of the drug expires if that
 
14                date is available from the manufacturer or
 
15                principal labeler; and
 
16           (F)  Directions for use, and cautionary statements, if
 
17                any, contained in the prescription or as required
 
18                by law.
 
19           A complete and accurate record of all schedule II
 
20           controlled substances ordered, administered,
 
21           prescribed, and dispensed shall be maintained for [two]
 
22           five years.  All schedule II prescriptions shall be
 
23           written by the practitioner in duplicate.
 

 
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 1           Prescriptions and records of dispensing shall otherwise
 
 2           be retained in conformance with the requirements of
 
 3           section 329-36.  No prescription for a controlled
 
 4           substance in schedule II may be refilled.
 
 5      (b)  The transfer of original prescription information for a
 
 6 controlled substance listed in schedule III, IV, or V for the
 
 7 purpose of refill dispensing is permissible between pharmacies on
 
 8 a one time basis, subject to the following requirements:
 
 9      (1)  The transfer shall be communicated directly between two
 
10           licensed pharmacists, and the transferring pharmacist
 
11           shall: 
 
12           (A)  Write or otherwise place the word "VOID" on the
 
13                face of the invalidated prescription;
 
14           (B)  Record on the reverse of the invalidated
 
15                prescription the name, address, and DEA
 
16                registration number of the pharmacy to which it
 
17                was transferred and the name of the pharmacist
 
18                receiving the prescription information; and
 
19           (C)  Record the date of the transfer and the name of
 
20                the pharmacist transferring the information;
 
21      (2)  The pharmacist receiving the transferred prescription
 
22           information shall:
 
23           (A)  Write or otherwise place the word "transfer" on
 

 
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 1                the face of the transferred prescription;
 
 2           (B)  Record all information required to be on a
 
 3                prescription, including:
 
 4                (i)  The date of issuance of original
 
 5                     prescription;
 
 6               (ii)  The original number of refills authorized on
 
 7                     original prescription;
 
 8              (iii)  The date of original dispensing;
 
 9               (iv)  The number of valid refills remaining and
 
10                     date of last refill;
 
11                (v)  The pharmacy's name, address, DEA
 
12                     registration number, and original
 
13                     prescription number from which the
 
14                     prescription information was transferred; and
 
15               (vi)  The name of transferor pharmacist;
 
16      (3)  Both the original and transferred prescription must be
 
17           maintained for a period of [two] five years from the
 
18           date of last refill; and
 
19      (4)  The procedure allowing the transfer of prescription
 
20           information for refill purposes is permissible only
 
21           between pharmacies located on the same island in this
 
22           State.
 
23      Failure to comply with this subsection shall void the
 

 
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 1 authority of the pharmacy to transfer prescriptions or receive a
 
 2 transferred prescription to or from another pharmacy.
 
 3      (c)  No controlled substance in schedule III, IV, or V may
 
 4 be dispensed without a written or oral prescription of a
 
 5 practitioner, except when a controlled substance is dispensed
 
 6 directly by a practitioner, other than a pharmacist, to an
 
 7 ultimate user.  The practitioner, in dispensing a controlled
 
 8 substance in schedule III, IV, or V, shall affix to the package a
 
 9 label showing:
 
10      (1)  The date of dispensing;
 
11      (2)  The name, strength, and quantity issued of the drug;
 
12      (3)  The dispensing practitioner's name and business
 
13           address;
 
14      (4)  The name of the patient;
 
15      (5)  The date the potency of the drug expires, if that date
 
16           is available from the manufacturer or the principal
 
17           labeler;
 
18      (6)  Directions for use; and
 
19      (7)  Cautionary statements, if any, contained in the
 
20           prescription or as required by law.
 
21 A complete and accurate record of all schedule III, IV, and  V
 
22 controlled substances administered, prescribed, and  dispensed
 
23 shall be maintained for [two] five years.  Prescriptions and
 

 
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 1 records of dispensing shall be retained  in conformance with the
 
 2 requirements of section 329-36  unless otherwise provided by law.
 
 3 Prescriptions may not be filled or refilled more than three
 
 4 months after the date of the prescription or be refilled more
 
 5 than two times after the date of the prescription, unless the
 
 6 prescription is  renewed by the practitioner."
 
 7      2.  By amending subsection (e) to read:
 
 8      "(e)  Prescriptions for controlled substances shall be
 
 9 issued only as follows:
 
10      (1)  All prescriptions for controlled substances shall be
 
11           dated as of, and signed on, the day when the
 
12           prescriptions were issued and shall bear:
 
13           (A)  The full name and address of the patient; and
 
14           (B)  The name, address, telephone number, and
 
15                registration number of the practitioner.
 
16           The controlled substance prescriptions shall be no
 
17           larger than 4-1/2 inches by 6-1/2 inches and no smaller
 
18           than 4 inches by 5 inches.
 
19           A practitioner may sign a prescription in the same
 
20           manner as the practitioner would sign a check or legal
 
21           document (e.g., J.H. Smith or John H. Smith) and shall
 
22           use both words and figures (e.g., alphabetically and
 
23           numerically as indications of quantity, such as five
 

 
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 1           (5)), to indicate the amount of controlled substance to
 
 2           be dispensed. Where an oral order is not permitted,
 
 3           prescriptions shall be written with ink or indelible
 
 4           pencil or by typewriter and shall be manually signed by
 
 5           the practitioner.  The prescriptions may be prepared by
 
 6           a secretary or agent for the signature of the
 
 7           practitioner, but the prescribing practitioner shall be
 
 8           responsible in case the prescription does not conform
 
 9           in all essential respects to this chapter and any rules
 
10           adopted pursuant to this chapter.  A corresponding
 
11           liability shall rest upon a pharmacist who fills a
 
12           prescription not prepared in the form prescribed by
 
13           this section;
 
14      (2)  An intern, resident, or foreign-trained physician, or a
 
15           physician on the staff of a Department of Veterans
 
16           Affairs facility or other facility serving veterans,
 
17           exempted from registration under this chapter, shall
 
18           include on all prescriptions issued by the physician:
 
19           (A)  The registration number of the hospital or other
 
20                institution; and
 
21           (B)  The special internal code number assigned to the
 
22                physician by the hospital or other institution in
 
23                lieu of the registration number of the
 

 
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 1                practitioner required by this section.
 
 2           The hospital or other institution shall forward a copy
 
 3           of this special internal code number list to the
 
 4           department as often as necessary to update the
 
 5           department with any additions or deletions.  Failure to
 
 6           comply with this section shall result in the suspension
 
 7           of that facility's privilege to fill controlled
 
 8           substance prescriptions at pharmacies outside of the
 
 9           hospital or other institution.  Each written
 
10           prescription shall have the name of the physician
 
11           stamped, typed, or handprinted on it, as well as the
 
12           signature of the physician; and
 
13      (3)  An official exempted from registration shall include on
 
14           all prescriptions issued by the official:
 
15           (A)  The official's branch of service or agency (e.g.,
 
16                "U.S. Army" or "Public Health Service"); and
 
17           (B)  The official's service identification number, in
 
18                lieu of the registration number of the
 
19                practitioner required by this section.  The
 
20                service identification number for a Public Health
 
21                Service employee shall be the employee's Social
 
22                Security identification number.
 
23           Each prescription shall have the name of the officer
 

 
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 1           stamped, typed, or handprinted on it, as well as the
 
 2           signature of the officer."
 
 3      SECTION 5.  Section 329-59, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]§329-59[]]  Controlled substance registration revolving
 
 6 fund; established.(a)  There is established within the state
 
 7 treasury the controlled substance registration revolving fund.
 
 8 The fund shall be expended at the discretion of the director of
 
 9 public safety for the purpose of:
 
10      (1)  Offsetting the cost of the electronic prescription
 
11           accountability system and the registration and control
 
12           of the manufacture, distribution, prescription, and
 
13           dispensation of controlled substances and regulated
 
14           chemicals listed under section 329-61, within the
 
15           State; and
 
16      (2)  Funding positions authorized by the legislature by law.
 
17      (b)  The fund shall consist of all moneys derived from fees
 
18 collected pursuant to [section] sections 329-31 and 329-67 and
 
19 legislative appropriations.  All fees collected pursuant to
 
20 [section] sections 329-31 and 329-67 shall be deposited in the
 
21 controlled substance registration revolving fund."
 
22      SECTION 6.  Part VI of chapter 329, Hawaii Revised Statutes,
 
23 is amended by amending the title to read as follows:
 

 
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 1      "PART VI.  [PRECURSORS TO] REGULATED CHEMICALS FOR THE
 
 2               MANUFACTURE OF CONTROLLED SUBSTANCES"
 
 3      SECTION 7.  Section 329-61, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§329-61  Substances subject to reporting.  (a)  List 1
 
 6 chemicals.  Any manufacturer, wholesaler, retailer, or other
 
 7 person who sells, transfers, or otherwise furnishes any of the
 
 8 following substances to any person in this State or for use in
 
 9 this State shall submit a report to the department of public
 
10 safety of all those transactions:
 
11      (1)  Phenyl-2-propanone;
 
12      (2)  Methylamine;
 
13      (3)  Phenylacetic acid;
 
14      (4)  Ephedrine;
 
15      (5)  Pseudoephedrine;
 
16      (6)  Norpseudoephedrine;
 
17      (7)  Phenylpropanolamine;
 
18      (8)  Hydriodic acid;
 
19      (9)  Benzyl cyanide;
 
20     (10)  Benzyl chloride;
 
21     (11)  N-methylformamide;
 
22     (12)  N-methylephedrine;
 
23     (13)  N-ethylephedrine;
 

 
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 1     (14)  N-ethylpseudoephedrine;
 
 2     (15)  N-methylpseudoephedrine;
 
 3     (16)  Chloroephedrine;
 
 4     (17)  Chloropseudoephedrine;
 
 5     (18)  Ethylamine;
 
 6     (19)  D-lysergic acid;
 
 7     (20)  Ergotamine tartrate;
 
 8     (21)  Piperidine;
 
 9     (22)  N-acetylanthranilic acid;
 
10     (23)  Anthranilic acid;
 
11     (24)  Propionic anhydride;
 
12     (25)  Isosafrole;
 
13     (26)  Safrole;
 
14     (27)  Piperonal;
 
15     (28)  Thionychloride;
 
16     (29)  Ergonovine maleate;
 
17     (30)  3,4-Methylenedioxyphenyl-2-propanone;
 
18     (31)  Benzaldehyde;
 
19     (32)  Nitroethane[.];
 
20     (33)  Red phosphorus;
 
21     (34)  Iodine crystals;
 
22     (35)  Gamma butyrolactone (GBL).
 
23      (b)  List 2 chemicals.  Any manufacturer, wholesaler,
 

 
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 1 retailer, or other person who sells, transfers, or otherwise
 
 2 furnishes any extraordinary quantity of any of the following
 
 3 chemicals, or sells, transfers, or otherwise furnishes the
 
 4 chemicals through the use of an uncommon method of payment or
 
 5 delivery or under any other circumstances that may make that
 
 6 person believe that the following chemicals could be used in
 
 7 violation of this part by any person in this State, shall report
 
 8 to the department all those transactions of:
 
 9      (1)  Acetic anhydride;
 
10      (2)  Acetone;
 
11      (3)  Benzyl chloride;
 
12      (4)  Ethyl ether;
 
13      (5)  Potassium permanganate;
 
14      (6)  2-Butanone (or Methyl Ethyl Ketone or MEK);
 
15      (7)  Toluene;
 
16      (8)  Hydrochloric acid;
 
17      (9)  Sulfuric acid;
 
18     (10)  Methyl Isobutyl Ketone (MIBK)."
 
19      SECTION 8.  Section 329-63, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]§329-63[]  Report of transaction.]  Persons required to
 
22 keep records and file reports.  (a)  Any manufacturer,
 
23 wholesaler, retailer, or other person who sells, transfers,
 

 
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 1 receives, or brings in from outside the State, or otherwise
 
 2 furnishes a substance specified in section 329-61 [for use by a
 
 3 person in this State, not less than twenty-one days prior to
 
 4 delivery of the substance, shall submit a report of the
 
 5 transaction, which includes the identification information
 
 6 specified in section 329-62 to the department of public safety.
 
 7 However, the department of public safety may authorize the
 
 8 submission of the reports on a monthly basis with respect to
 
 9 repeated, regular transactions between the furnisher and the
 
10 recipient involving the same substance if the department of
 
11 public safety determines that either of the following exist:
 
12      (1)  A pattern of regular supply of the substance exists
 
13           between the manufacturer, wholesaler, retailer, or
 
14           other person who sells, transfers, or otherwise
 
15           furnishes the substance and the recipient of the
 
16           substance; or
 
17      (2)  The recipient has established a record of utilization
 
18           of the substance for lawful purposes.] or an
 
19 encapsulating or tableting machine shall keep a record of each
 
20 transaction for a period of two years after the date of
 
21 transaction.
 
22      (b)  Any manufacturer, wholesaler, retailer, or other person
 
23 who sells, transfers, receives, or brings in from outside the
 

 
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 1 State or otherwise furnishes a substance specified in section
 
 2 329-61 for use by a person in this State shall report to the
 
 3 administrator the following:
 
 4      (1)       Any regulated transaction involving an above
 
 5                threshhold quantity, any suspicious or out of the
 
 6                ordinary quantity of a chemical listed in 329-61,
 
 7                an uncommon method of payment or delivery, or any
 
 8                other circumstances that the regulated person
 
 9                believes may indicate that the regulated chemical
 
10                will be used in violation of this part;
 
11      (2)       Any proposed regulated transaction with a person
 
12                whose description or other identifying
 
13                characteristics the department has previously
 
14                furnished to the regulated person;
 
15      (3)       Any unusual or excessive loss or disappearance of
 
16                a regulated chemical listed under section 329-61
 
17                that is under the control of the regulated person,
 
18                to include exempted items if the regulated person
 
19                responsible for reporting a loss in-transit is the
 
20                supplier;
 
21      (4)       Any regulated transaction of a tableting machine
 
22                or an encapsulating machine; and 
 
23      (5)       All single entity ephedrine transactions.
 

 
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 1      (c) The department of public safety shall provide a common
 
 2 reporting form for the substances in section 329-61 [which] that
 
 3 contains at least the following information:
 
 4      (1)       Name of the substance;
 
 5      (2)       Quantity of the substance sold, transferred, or
 
 6                furnished;
 
 7      (3)       The date the substance was sold, transferred, or
 
 8                furnished;
 
 9      (4)       The name and address of the person buying or
 
10                receiving the substance; and
 
11      (5)       The name and address of the manufacturer,
 
12                wholesaler, retailer, or other person selling,
 
13                transferring, or furnishing such substance.
 
14      (d)  Each report submitted pursuant to subsection (a) of
 
15 this section, whenever possible, shall be made orally to the
 
16 department at the earliest practicable opportunity after the
 
17 regulated person becomes aware of the circumstances involved and
 
18 as much in advance of the conclusion of the transaction as
 
19 possible.  A written report shall also be submitted to the
 
20 department following an oral report."
 
21      SECTION 9.  Section 329-64, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]§329-64[]]  Exceptions.  (a)  This part shall not apply
 

 
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 1 to any of the following:
 
 2      (1)       Any pharmacist or other authorized person who
 
 3                sells or furnishes a substance upon the
 
 4                prescription of a  physician, dentist, podiatrist,
 
 5                or veterinarian;
 
 6      (2)       Any physician, dentist, podiatrist, or
 
 7                veterinarian registered with the department
 
 8                pursuant to section 329-32, who administers or
 
 9                furnishes a substance to patients;
 
10      (3)       Any manufacturer or wholesaler registered with the
 
11                department pursuant to section 329-32 and licensed
 
12                by the State who sells, transfers, or otherwise
 
13                furnishes a substance to a licensedpharmacy,
 
14                physician, dentist, podiatrist, or veterinarian;
 
15                [and
 
16      (4)       Any sale, transfer, furnishing, or receipt of any
 
17                drug which contains ephedrine, pseudoephedrine,
 
18                norpseudoephedrine, or phenylpropanolamine and
 
19                which is lawfully sold, transferred, or furnished
 
20                over the counter without a prescription pursuant
 
21                to the federal Food, Drug, and Cosmetic Act (21
 
22                United States Code Sec. 301 et seq.) or
 
23                regulations adopted thereunder.]
 

 
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 1      (4)       Any manufacturer, wholesaler, distributor, or
 
 2                person who imports or exports a chemical listed in
 
 3                section 329-61, if that person is registered
 
 4                pursuant to section 329-32 to engage in the same
 
 5                activity with a controlled substance;
 
 6      (5)       Any retail distributor who sells, transfers, or
 
 7                furnishes any over-the-counter drug product in a
 
 8                single transaction to an individual for legitimate
 
 9                medical use that contains a below threshold amount
 
10                of ephedrine, pseudoephedrine, norpseudoephedrine,
 
11                or phenylpropanolamine in a single transaction;
 
12                provided that the threshold amount for retail
 
13                distribution is twenty-four grams in a single
 
14                transaction; and
 
15      (6)       Any "dietary supplement" as defined by the federal
 
16                Food, Drug, and Cosmetic Act (21 United States
 
17                Code sec. 301) containing ephedrine alkaloids
 
18                extracted from the plant (genus) Ephedra that
 
19                meets all of the following criteria:
 
20                (A)  It contains, per dosage unit or serving, not
 
21                     more than twenty-five milligrams of ephedrine
 
22                     alkaloids and its labeling does not suggest
 
23                     or recommend a total daily intake of one
 

 
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 1                     hundred milligrams or more of ephedrine
 
 2                     alkaloids;
 
 3                (B)  It contains no hydrochloride or sulfate salts
 
 4                     of ephedrine alkaloids; and
 
 5                (C)  It is packaged with a prominent label
 
 6                     securely affixed to each package that states
 
 7                     all of the following:
 
 8                     (i)  The amount in milligrams of ephedrine
 
 9                          alkaloids in a dosage unit or serving;
 
10                    (ii)  The amount of the dietary supplement
 
11                          that constitutes a dosage unit or
 
12                          serving; and
 
13                   (iii)  That the maximum recommended dosage of
 
14                          ephedrine alkaloids for a healthy adult
 
15                          human is not more than one hundred
 
16                          milligrams in a twenty-four period.
 
17      (b)  The reporting requirement shall not apply to any
 
18 manufacturer, wholesaler, retailer, or other person who sells,
 
19 transfers, receives, or brings in from outside the State, or
 
20 otherwise furnishes any over-the-counter drug product containing
 
21 pseudoephedrine, norpseudoephedrine, phenylpropanolamine or an
 
22 ephedrine combination product that is below the cumulative
 
23 threshhold of one kilogram for multiple transactions in a month
 

 
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 1 to a retail distributor.
 
 2      (c)  The administrator, upon finding that the continuation
 
 3 of an exemption would not be in the public interest, may suspend
 
 4 or revoke a person's exemption pursuant to procedures set forth
 
 5 in its rules.  In considering the revocation or suspension of a
 
 6 person's exemption or permit, the administrator may also suspend
 
 7 the person's controlled substance registration."
 
 8      SECTION 10.  Section 329-65, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§329-65  Penalty.(a)  Any manufacturer, wholesaler,
 
11 retailer, or other person who does not submit a report as
 
12 required by section 329-63 or who knowingly submits a report with
 
13 false or fictitious information shall be fined not more than
 
14 $5,000, or imprisoned not more than thirty days, or both.
 
15      (b)  Any manufacturer, wholesaler, retailer, or other person
 
16 who has previously been convicted of violating subsection (a),
 
17 upon a subsequent conviction thereof, shall be fined not more
 
18 than $100,000, or imprisoned not more than one year, or both.
 
19      (c)  Any manufacturer, wholesaler, retailer, or other person
 
20 who sells, transfers, or otherwise furnishes any of the
 
21 substances listed in section 329-61 with knowledge or the intent
 
22 that the recipient will use the substance to unlawfully
 
23 manufacture any controlled substance shall be fined not more than
 

 
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 1 $100,000, or imprisoned not more than five years, or both.
 
 2      (d)  Any manufacturer, wholesaler, retailer, or other person
 
 3 who possesses any of the substances listed in section 329-61 with
 
 4 the intent to illegally manufacture any controlled substance
 
 5 shall be fined not more than $100,000, or imprisoned not more
 
 6 than ten years, or both.
 
 7      (e)  Any person who possesses, sells, distributes, purchases
 
 8 for resale, or causes to be sold, distributed, or purchased for
 
 9 resale any ephedrine-containing product with a label that claims
 
10 or implies that consumption of the product will produce effects
 
11 such as ecstasy, euphoria, increased sexual sensations,
 
12 heightened awareness, increased energy, legal "highs", and other
 
13 similar effects shall be fined not more than $5,000, or
 
14 imprisoned not more than one year, or both."
 
15      SECTION 11.  Section 329-67, Hawaii Revised Statutes, is
 
16 amended by amending subsections (d), (e), and (f) to read as
 
17 follows:
 
18      "(d)  Each applicant shall pay at the time of filing an
 
19 application for a permit a fee determined by the department of
 
20 public safety [which shall not exceed the applications processing
 
21 costs.] in accordance with the department's rules.
 
22      (e)  A permit granted pursuant to this part may be renewed
 
23 one year from the date of issuance, and annually thereafter, upon
 

 
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 1 the filing of a renewal application and the payment of a permit
 
 2 renewal fee [not to exceed the application processing costs.] in
 
 3 accordance with the department's rules.
 
 4      (f)       (1)  Any manufacturer, wholesaler, retailer, or
 
 5                other person who sells, transfers, or otherwise
 
 6                furnishes, or receives any substance specified in
 
 7                section 329-61 without a permit shall be [fined
 
 8                not more than $5,000, or imprisoned not more than
 
 9                thirty days, or both;] guilty of a misdemeanor;
 
10                and
 
11      (2)       Any manufacturer, wholesaler, retailer, or other
 
12                person who has previously been convicted of
 
13                violating section 329-67(a), upon a subsequent
 
14                conviction thereof shall be [fined not more than
 
15                $100,000, or imprisoned not more than one year, or
 
16                both.] guilty of a class C felony."
 
17      SECTION 12.  Section 329-101, Hawaii Revised Statutes is
 
18 amended by amending subsection (d) to read as follows:
 
19      "(d)  Under the system:
 
20      (1)       Information shall be reported in numerical format,
 
21                not less than once every seven days, on the
 
22                filling of prescriptions for designated controlled
 
23                substances and the dispensing of drug samples by a
 

 
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 1                licensed practitioner; and
 
 2      (2)       Each dispenser shall maintain a record of such
 
 3                filled prescriptions, including all information
 
 4                described in subsection (c), for a period of [two]
 
 5                five years.  Each dispenser shall keep these
 
 6                records available for inspection and copying by
 
 7                the designated state agency."
 
 8      SECTION 13.  Statutory material to be repealed is bracketed,
 
 9 except bracketed material contained within the name of a
 
10 substance listed in section 329-14(d)(28), Hawaii Revised
 
11 Statutes, in section 2 of this Act is not to be repealed.  New
 
12 statutory material is underscored.
 
13      SECTION 14.  This Act shall take effect upon its approval.