Bill Text: HI SB807 | 2019 | Regular Session | Amended
Bill Title: Relating To The Electronic Prescription Accountability System.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2019-03-22 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan, Yamane excused (2). [SB807 Detail]
Download: Hawaii-2019-SB807-Amended.html
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THE SENATE |
S.B. NO. |
807 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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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. The legislature finds that Act 153, Session Laws Hawaii 2018, requires all prescribers of controlled substances to query the electronic prescription accountability system, prior to issuing a prescription for certain controlled substances, to reduce the risk of abuse of or addiction to a controlled substance. The electronic prescription accountability system, also known as the prescription drug monitoring program, is a useful tool for health care providers when determining which controlled substances a patient has been prescribed.
The legislature notes that although prescribers have taken steps to implement this law, some concerns have been raised about the applicability of the law to certain patient populations. The legislature further finds that the law should not apply in inpatient settings, where a patient is in a hospital or nursing home and is directly administered a prescription under the supervision of a health care provider. The law should also not apply to initial prescriptions for patients being treated for post-operative pain with a limited three-day supply, for consistency with a 2016 Centers for Disease Control and Prevention recommendation on acute pain management. An exemption for patients with a terminal disease who are receiving hospice or other types of palliative care is also appropriate to reduce barriers to this end-of-life choice. Requiring a health care provider to consult the electronic prescription accountability system under these circumstances may cause a delay in the provision of appropriate care to the patient.
The purpose of this Act is to specify that a health care provider shall not be required to consult the electronic prescription accountability system when a patient is in an inpatient setting, in post-operative care, or has a terminal disease and is receiving hospice or other palliative care.
SECTION 2. Section 329-38.2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) No prescriber shall prescribe a schedule II,
III, or IV controlled substance without first requesting, receiving, and
considering records of the ultimate user from the state electronic prescription
accountability system as needed to reduce the risk of abuse of or addiction to
a controlled substance, as needed to avoid harmful drug interactions, or as
otherwise medically necessary; provided that this subsection shall not apply
to[:] any prescription:
(1) [Any
prescription for] For a supply of three days or less that is made in
an emergency situation, by an emergency medical provider, or in an emergency
room; [and]
(2) [Any
prescription written] That
will be administered directly to a patient under the supervision of a health
care provider licensed to practice within the State; provided that a
medically-indicated query of the electronic prescription accountability system
is made when the patient is initially admitted for inpatient care at a
hospital;
(3) That
is an initial prescription for a patient being treated for post-operative pain;
provided that the prescription is limited to a three-day supply with no
refills;
(4) For a patient
with a terminal disease receiving hospice or other types of palliative care; provided
that for purposes of this paragraph, "terminal disease" means an
incurable and irreversible disease that will, within reasonable medical
judgment, produce death within six months; or
(5) Prescribed while the state electronic prescription accountability system is nonfunctional."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Electronic Prescription Accountability System; Exemptions
Description:
Specifies the conditions in which health care providers are not required to consult the electronic prescription accountability system before prescribing controlled substances. (SB807 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
