SB805 HD1

Report Title:

Controlled Substances; Pharmacists; Disclosure

 

Description:

Allows the Narcotics Enforcement Division to share information on prescription fraud or abuse from the Electronic Prescription Accountability System with pharmacists employed by a pharmacy registered under section 329-32, HRS, who are subject to penalties for improper prescribing and dispensing of controlled substances. (SB805 HD1)

THE SENATE	S.B. NO.	805
TWENTY-FIRST LEGISLATURE, 2001		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

relating to controlled substances.

 

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

SECTION 1. Section 329-104, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) This section shall not prevent the disclosure, at the discretion of the administrator, of investigative information to:

(1) Law enforcement officers, investigative agents of federal, state, or county law enforcement agencies, prosecuting attorneys, or the attorney general[,]; provided that the administrator has reasonable grounds to believe that the disclosure of any information collected under this part is in furtherance of an ongoing criminal investigation or prosecution; [or]

(2) Registrants authorized under chapters 448, 453, 460, and 463E who are registered to administer, prescribe, or dispense controlled substances; provided that the information disclosed relates only to the registrant's own patient[.]; or

(3) Pharmacists, employed by a pharmacy registered under section 329-32, who request prescription information about a customer relating to a violation or possible violation of this chapter.

Information disclosed to a registrant or pharmacist under this section shall be transmitted by certified mail or a similar means requiring the registrant's or pharmacist's signature, respectively, for delivery of the information."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.