Bill Text: HI SB2461 | 2016 | Regular Session | Amended
Bill Title: Uniform Controlled Substances Act; Electronic Prescription Accountability System
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2016-02-18 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPH. [SB2461 Detail]
Download: Hawaii-2016-SB2461-Amended.html
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THE SENATE |
S.B. NO. |
2461 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:
"§329- Definitions. As used in this part, unless the context otherwise requires:
"Chronic opioid therapy" means at least three months of continuous treatment for chronic pain with opioid drugs.
"Pharmacist delegate" means a pharmacy employee who is selected by a pharmacist to act as the pharmacist's agent and is delegated with the task of accessing the electronic prescription accountability system. The pharmacist shall take full responsibility for any action taken by the pharmacist delegate in the delegate's role as the pharmacist delegate.
"Practitioner" means a physician, dentist, advanced practice registered nurse with prescriptive authority, or physician assistant.
"Practitioner delegate" means an agent or employee of a practitioner who is delegated with the task of accessing the electronic prescription accountability system. The practitioner shall take full responsibility for any action taken by the practitioner delegate in the delegate's role as the practitioner delegate."
SECTION 2. Section 329-101, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The designated state agency shall determine those schedules of controlled substances, classes of controlled substances, and specific controlled substances that are purportedly being misused and abused in the State. Beginning January 1, 2017, all practitioners, except veterinarians, administering, prescribing, or dispensing a controlled substance in schedules II through IV, shall register with the electronic prescription accountability system as part of the renewal process for controlled substance registration. No identified controlled substances may be dispensed unless information relevant to the dispensation of the substance is reported electronically or by means indicated by the designated state agency to the central repository established under section 329‑102, in accordance with rules adopted by the department."
SECTION 3. 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 who are registered to administer, prescribe, or dispense controlled
substances[;] and practitioner delegates; 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; [or]
(4) Other state-authorized governmental
prescription-monitoring programs[.];
(5) The chief medical examiner or a licensed physician designated by the chief medical examiner who certifies the request is for the purpose of investigating the death of a person;
(6) Qualified personnel for the purpose of legitimate research or education; provided that any data that reasonably identifies a specific recipient, prescriber, or dispenser shall be deleted from the information prior to disclosure; provided further that release of the information shall be made pursuant to a written agreement between qualified personnel and the administrator to ensure compliance with this subsection; and
(7) Other entities or individuals authorized by the administrator to assist the program with projects that enhance 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 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.
Report Title:
Uniform Controlled Substances Act; Electronic Prescription Accountability System
Description:
Beginning January 1, 2017, requires practitioners, except veterinarians, who administer, prescribe, or dispense a controlled substance under schedules II through IV to register with the electronic prescription accountability system as part of the renewal process for controlled substance registration. Expands access to investigative information in the electronic prescription accountability system to certain individuals and for certain purposes. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
