Bill Text: HI SB1191 | 2022 | Regular Session | Amended
Bill Title: Relating To The Electronic Prescription Accountability System.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB1191 Detail]
Download: Hawaii-2022-SB1191-Amended.html
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THE SENATE |
S.B. NO. |
1191 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM.
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 or regulatory agencies, United States attorneys, county 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 or regulatory investigation or prosecution;
(2) Registrants authorized under chapters 448, 453, and 463E and section 457-2.7 who are registered to administer, prescribe, or dispense controlled substances and their practitioner delegate; provided that the information disclosed relates only to the registrant's own patient;
(3) Pharmacists or pharmacist delegates, 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];
(4) Other state-authorized governmental prescription-monitoring programs;
(5) The chief medical examiner or licensed physician designee who requests information and certifies the request is for the purpose of investigating the death of an individual;
(6) Qualified personnel for the purpose of bona fide research or education; provided that data elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or redacted from the information prior to disclosure; provided further that release of the information may be made only pursuant to a written agreement between qualified personnel and the administrator in order to ensure compliance with this subsection;
(7) Other entities or individuals authorized by the administrator to assist the program with projects that enhance the electronic prescription accountability system;
(8) Authorized employees of the State of Hawaii
department of health alcohol and drug abuse division and the emergency medical
services and injury prevention system branch; [and]
(9) The United States Department of Defense health
agency prescription monitoring program[.];
(10) Authorized employees of the State of Hawaii, department of human services, med-QUEST division; and
(11) Controlled substances prescribers, dispensers, and pharmacists of the United States Department of Veterans Affairs facilities within the State who submit data, as described in section 329-101, to the electronic prescription accountability system.
Information disclosed to a registrant, pharmacist, or authorized government agency under this section shall be transmitted by a secure means determined by the designated agency."
SECTION
2. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Electronic Prescription Accountability System
Description:
Updates chapter 329, Hawaii Revised Statutes, to clarify who may access information stored in the electronic prescription accountability system. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
