Bill Text: HI HB370 | 2017 | Regular Session | Introduced
Bill Title: Relating To Pharmacy.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2017-01-23 - Referred to HLT/IAC, CPC, referral sheet 2 [HB370 Detail]
Download: Hawaii-2017-HB370-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
370 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
Relating to pharmacy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 461-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Outsourcing facility" shall have the meaning ascribed to it under section 503B of the Federal Food, Drug, and Cosmetic Act, Public Law 75-717, as amended."
SECTION 2. Section 461-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) It shall be unlawful:
(1) For any person to sell or offer for sale at public auction, or to sell or offer for sale at private sale in a place where public auctions are conducted, any prescription drugs without first obtaining a permit from the board of pharmacy to do so;
(2) For any person to distribute or dispense samples of any prescription drugs without first obtaining a permit from the board to do so; provided that nothing in this paragraph shall interfere with the furnishing of samples or drugs directly to physicians, druggists, dentists, veterinarians, and optometrists for use in their professional practice;
(3) For wholesalers to sell, distribute, or dispense any prescription drug, except to a pharmacist, physician, dentist, veterinarian, or optometrist who is allowed to use pharmaceutical agents under chapter 459 or to a generally recognized industrial, agricultural, manufacturing, or scientific user of drugs for professional or business purposes; provided that it shall be unlawful for wholesalers to sell, distribute, or dispense any prescription pharmaceutical agent that is not approved by the board of examiners in optometry;
(4) For any wholesale prescription drug distributor to sell or distribute medical oxygen except to a:
(A) Licensed practitioner with prescriptive authority;
(B) Pharmacist;
(C) Medical oxygen distributor;
(D) Patient or a patient's agent pursuant to a prescription; or
(E) Emergency medical services for administration by trained personnel for oxygen deficiency and resuscitation;
(5) For any medical oxygen distributor to supply medical oxygen pursuant to a prescription order, to a patient or a patient's agent, without first obtaining a permit from the board to do so;
(6) For any person, as principal or agent, to conduct
or engage in the business of preparing, manufacturing, compounding, packing, or
repacking any drug without first obtaining a permit from the board to do so; [and]
(7) For any out-of-state pharmacy or entity engaging in the practice of pharmacy, in any manner to distribute, ship, mail, or deliver prescription drugs or devices into the State without first obtaining a permit from the board; provided that the applicant shall:
(A) Provide the location, names, and titles of all principal corporate officers;
(B) Attest that the applicant or any personnel of the applicant has not been found in violation of any state or federal drug laws, including the illegal use of drugs or improper distribution of drugs;
(C) Submit verification of a valid unexpired license, permit, or registration in good standing to conduct the pharmacy in compliance with the laws of the home state and agree to maintain in good standing the license, permit, or registration; and
(D) Have in its employ a registered pharmacist
whose registration is current and in good standing[.];
(8) For any person to operate as an outsourcing facility in the State without maintaining a physical compounding facility in the State and obtaining a permit from the board to do so; and
(9) For any person that operates an outsourcing facility to provide medications to healthcare providers in the State without first obtaining a permit from the board to do so."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Outsourcing Facility; Pharmacy
Description:
Requires outsourcing facilities to obtain a permit from the Board of Pharmacy before providing medications to healthcare providers.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
