2026-0951 SB2623 SD1 SMA.

THE SENATE	S.B. NO.	2623
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII		Proposed

A BILL FOR AN ACT

RELATING TO LICENSING.

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

SECTION 1. Section 461-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other powers and duties authorized by law, the board:

(1) Shall adopt, amend, and repeal rules pursuant to chapter 91, as it deems proper for the purposes of this chapter, Public Law 100-293, and title 21 Code of Federal Regulations part 205;

(2) Shall examine, license, reinstate, and renew the licenses of qualified applicants for registered pharmacists and wholesale prescription drug distributors; issue and renew certificates of registration for registered pharmacy technicians; and issue and renew permits to operate pharmacies;

(3) May require the inspection of any wholesale prescription drug distributor premises in the State to ensure compliance with this chapter and rules adopted under this chapter, or may require an applicant for a pharmacy license to submit a statement that the premises, including but not limited to security and sanitation, are in conformance with the board's requirements and that the applicant possesses the reference materials and technical clinical equipment and supplies as may be specified in rules adopted under this chapter;

(4) May fine, suspend, or revoke any license, registration, or permit for any cause prescribed by this chapter, or for any violation of the rules adopted under this chapter, and refuse to grant or renew any license, registration, or permit for any cause which would be ground for revocation or suspension of a license, registration, or permit;

(5) May deny a license to any applicant who has been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order of disciplinary action taken pursuant to this paragraph shall be a matter of public record; and

(6) May approve pilot and demonstration research projects for innovative applications in the practice of pharmacy; provided that the projects shall not include therapeutic substitution or substitution of a medical device used in patient care; provided further that nothing in this paragraph shall be construed to expand the definition of "practice of pharmacy" under section 461-1. The board may also:

(A) Approve a provision that grants an exception to any rule adopted under this paragraph;

(B) Extend the time an exception to a rule is granted, as may be necessary for the board to adopt an amendment or modification to the rule;

(D) Rescind approval and terminate a project if, at any time, a project fails to protect public health or welfare."

SECTION 2. Section 461-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) All licenses, certificates of registration, and permits issued by the board, except temporary licenses issued under section 461-7, shall be renewed biennially on or before December 31 of each odd-numbered year. Failure to pay the biennial fee and to satisfy the continuing education requirement on or before December 31 of each odd-numbered year, shall constitute a forfeiture of the license as of the date of expiration. Failure to pay the biennial fee on or before December 31 of each odd-numbered year shall constitute a forfeiture of the permit as of the date of expiration.

(b) Any license, certificate of registration, or permit forfeited pursuant to subsection (a) may be restored within three years upon payment of any penalty fee, the current biennial fees, and the renewal fee for the next biennium, if applicable, upon submission of proof of compliance with the continuing education requirement for the prior biennium, and upon meeting any other requirements specified in rules adopted pursuant to chapter 91[.]; provided that for certificates of registration for pharmacy technicians, the board shall not require proof of continuing education beyond the requirements for the single biennium immediately preceding the application restoration."

SECTION 3. Section 461-9.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Each certificate of registration shall be valid through December 31 of each odd-numbered year[~~, upon which the registration shall lapse and a new registration shall be required~~]."

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.