1193
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONTROLLED SUBSTANCES.



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

 1      SECTION 1.  Section 329-1, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Ephedrine" the term shall include any synthetic compound,
 
 5 salt, derivative, mixture, or preparation extracted from the
 
 6 plant (genus) Ephedra that contains the substance ephedrine.
 
 7      "Mid-level practitioners" means a practitioner, other than a
 
 8 physician, dentist, veterinarian, or podiatrist, who is licensed,
 
 9 registered, or otherwise permitted by the State to administer,
 
10 prescribe, or dispense a controlled substance under the authority
 
11 and supervision of a practitioner registered under section
 
12 329-33.
 
13      "Supervising physician" means a physician licensed to
 
14 practice medicine in the State and registered under section
 
15 329-33, who retains full professional and legal responsibility
 
16 for the performance of the mid-level practitioner and the care
 
17 and treatment of the patient."
 
18      SECTION 2.  Section 329-14, Hawaii Revised Statutes, is
 
19 amended by amending subsection (d) to read as follows:
 

 
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 1      "(d)  Any material, compound, mixture, or preparation that
 
 2 contains any quantity of the following hallucinogenic substances,
 
 3 their salts, isomers, and salts of isomers, unless specifically
 
 4 excepted, whenever the existence of these salts, isomers, and
 
 5 salts of isomers is possible within the specific chemical
 
 6 designation:
 
 7      (1)  Alpha-ethyltryptamine (AET);
 
 8      (2)  [2,5-dimethoxy-4-ethylamphet-amine (DOET);] 2,5-
 
 9           dimethoxy-4-ethylamphetamine (DOET);
 
10      (3)  2,5-dimethoxyamphetamine (2,5-DMA);
 
11      (4)  3,4-methylenedioxy amphetamine;
 
12      (5)  3,4-methylenedioxymethamphetamine (MDMA);
 
13      (6)  N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-
 
14           MDA);
 
15      (7)  3,4-methylenedioxy-N-ethylamphetamine (MDE);
 
16      (8)  5-methoxy-3,4-methylenedioxy-amphetamine;
 
17      (9)  4-bromo-2,5-dimethoxy-amphetamine(4-bromo-2,5-DMA);
 
18     (10)  4-Bromo-2,5-dimethoxyphenethylamine (Nexus);
 
19     (11)  3,4,5-trimethoxy amphetamine;
 
20     (12)  Bufotenine;
 
21     (13)  4-methoxyamphetamine (PMA);
 
22     (14)  Diethyltryptamine;
 
23     (15)  Dimethyltryptamine;
 

 
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 1     (16)  4-methyl-2,5-dimethoxy-amphetamine;
 
 2     (17)  [Gamma hydroxybuterate (GHB);] Gamma Hydroxybutyrate
 
 3           (GHB);
 
 4     (18)  Ibogaine;
 
 5     (19)  Lysergic acid diethylamide;
 
 6     (20)  Marijuana;
 
 7     (21)  Parahexyl;
 
 8     (22)  Mescaline;
 
 9     (23)  Peyote;
 
10     (24)  N-ethyl-3-piperidyl benzilate;
 
11     (25)  N-methyl-3-piperidyl benzilate;
 
12     (26)  Psilocybin;
 
13     (27)  Psilocyn;
 
14     (28)  1-[1-(2-Thienyl) cyclohexyl]Pyrrolidine (TCPy);
 
15     (29)  Tetrahydrocannabinols;
 
16     (30)  Ethylamine analog of phencyclidine (PCE);
 
17     (31)  Pyrrolidine analog of phencyclidine (PCPy, PHP);
 
18     (32)  Thiophene analog of phencyclidine (TPCP; TCP)."
 
19      SECTION 3.  Section 329-31.5, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]329-31.5[]]  Clinics.  Registration as a clinic is
 
22 required when an out-patient medical facility maintains
 
23 centralized ordering, storage, and record keeping of controlled
 

 
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 1 substances to be administered and/or dispensed to patients.
 
 2 Registration of a clinic requires that:
 
 3      (1)  Each location where controlled substances are stocked
 
 4           shall be registered by name, location, and designated
 
 5           principal practitioner or affiliated pharmacy.  The
 
 6           principal practitioner or affiliated pharmacy shall be
 
 7           responsible for the accurate maintenance of records
 
 8           which document all controlled substances ordered,
 
 9           received, administered, and dispensed within the
 
10           clinic;
 
11      (2)  Controlled substances stocked at a clinic under the
 
12           clinic State of Hawaii and Drug Enforcement
 
13           Administration registration numbers be administered to
 
14           clinic patients by licensed or registered health care
 
15           professionals under the supervision of the treating
 
16           practitioner;
 
17      (3)  Controlled substances stocked at a clinic under the
 
18           clinic State of Hawaii and Drug Enforcement
 
19           Administration registration numbers be dispensed to
 
20           clinic patients only by the treating practitioner for
 
21           emergency and urgent care, when a written prescription
 
22           would not be practical;
 
23      (4)  A centralized record signed and dated by the treating
 

 
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 1           practitioner which indicates the patient, controlled
 
 2           substance, date and time of administration and/or
 
 3           dispensing be maintained and stored with the current
 
 4           controlled substance inventory, ordering, and receipt
 
 5           records.  These records shall be maintained for [two]
 
 6           five years; and
 
 7      (5)  A clinic practitioner who individually maintains a
 
 8           personal stock of controlled substances does so under
 
 9           the practitioner's individual State and Drug
 
10           Enforcement Administration registration number.  These
 
11           controlled substances must be kept separate from clinic
 
12           stock and cannot be accessed by other practitioners.
 
13      The term "affiliated pharmacy" as used in this section means
 
14 a licensed pharmacy which supplies and monitors the controlled
 
15 substances stocked in a registered clinic.
 
16      The term "clinic" as used in this section means an out-
 
17 patient medical facility owned and operated by a legal entity
 
18 that employs individual practitioners for the treatment of
 
19 patients and which may or may not provide after-hours emergency
 
20 or urgent care.
 
21      The term "principal physician" means the practitioner in a
 
22 clinic whose signature appears on the clinic's State of Hawaii
 
23 and Drug Enforcement Administration registrations, and who is
 

 
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 1 responsible for the proper maintenance, storage, and record
 
 2 keeping of the controlled substances ordered and centrally
 
 3 stocked in the clinic using the clinic Drug Enforcement
 
 4 Administration registration number."
 
 5      SECTION 4.  Section 329-38, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "329-38  Prescriptions.(a)  No controlled substance in
 
 8 schedule II may be dispensed without a written prescription of a
 
 9 practitioner, except:
 
10      (1)  In an emergency situation, those drugs may be dispensed
 
11           upon oral prescription of a practitioner; provided that
 
12           promptly thereafter, the prescription is reduced to
 
13           writing by the practitioner and filed by the pharmacy;
 
14           or
 
15      (2)  When dispensed directly by a practitioner, other than a
 
16           pharmacist, to the ultimate user.  The practitioner in
 
17           dispensing a controlled substance in schedule II shall
 
18           affix to the package a label showing:
 
19           (A)  The date of dispensing;
 
20           (B)  The name, strength, and quantity issued of the
 
21                drug;
 
22           (C)  The dispensing practitioner's name and address;
 
23           (D)  The name of the patient;
 

 
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 1           (E)  The date the potency of the drug expires if that
 
 2                date is available from the manufacturer or
 
 3                principal labeler; and
 
 4           (F)  Directions for use, and cautionary statements, if
 
 5                any, contained in the prescription or as required
 
 6                by law.
 
 7           A complete and accurate record of all schedule II
 
 8           controlled substances ordered, administered,
 
 9           prescribed, and dispensed shall be maintained for [two]
 
10           five years.  All schedule II prescriptions shall be
 
11           written by the practitioner in duplicate.
 
12           Prescriptions and records of dispensing shall otherwise
 
13           be retained in conformance with the requirements of
 
14           section 329-36.  No prescription for a controlled
 
15           substance in schedule II may be refilled.
 
16      (b)  The transfer of original prescription information for a
 
17 controlled substance listed in schedule III, IV, or V for the
 
18 purpose of refill dispensing is permissible between pharmacies on
 
19 a one time basis, subject to the following requirements:
 
20      (1)  The transfer shall be communicated directly between two
 
21           licensed pharmacists, and the transferring pharmacist
 
22           shall: 
 
23           (A)  Write or otherwise place the word "VOID" on the
 

 
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 1                face of the invalidated prescription;
 
 2           (B)  Record on the reverse of the invalidated
 
 3                prescription the name, address, and DEA
 
 4                registration number of the pharmacy to which it
 
 5                was transferred and the name of the pharmacist
 
 6                receiving the prescription information; and
 
 7           (C)  Record the date of the transfer and the name of
 
 8                the pharmacist transferring the information;
 
 9      (2)  The pharmacist receiving the transferred prescription
 
10           information shall:
 
11           (A)  Write or otherwise place the word "transfer" on
 
12                the face of the transferred prescription;
 
13           (B)  Record all information required to be on a
 
14                prescription, including:
 
15                (i)  The date of issuance of original
 
16                     prescription;
 
17               (ii)  The original number of refills authorized on
 
18                     original prescription;
 
19              (iii)  The date of original dispensing;
 
20               (iv)  The number of valid refills remaining and
 
21                     date of last refill;
 
22                (v)  The pharmacy's name, address, DEA
 
23                     registration number, and original
 

 
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 1                     prescription number from which the
 
 2                     prescription information was transferred; and
 
 3               (vi)  The name of transferor pharmacist;
 
 4      (3)  Both the original and transferred prescription must be
 
 5           maintained for a period of [two] five years from the
 
 6           date of last refill; and
 
 7      (4)  The procedure allowing the transfer of prescription
 
 8           information for refill purposes is permissible only
 
 9           between pharmacies located on the same island in this
 
10           State.
 
11      Failure to comply with this subsection shall void the
 
12 authority of the pharmacy to transfer prescriptions or receive a
 
13 transferred prescription to or from another pharmacy.
 
14      (c)  No controlled substance in schedule III, IV, V may be
 
15 dispensed without a written or oral prescription of a
 
16 practitioner, except when a controlled substance is dispensed
 
17 directly by a practitioner, other than a pharmacist, to an
 
18 ultimate user.  The practitioner, in dispensing a controlled
 
19 substance in schedule III, IV, or V, shall affix to the package a
 
20 label showing:
 
21      (1)  The date of dispensing;
 
22      (2)  The name, strength, and quantity issued of the drug;
 
23      (3)  The dispensing practitioner's name and business
 

 
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 1           address;
 
 2      (4)  The name of the patient;
 
 3      (5)  The date the potency of the drug expires, if that date
 
 4           is available from the manufacturer or the principal
 
 5           labeler;
 
 6      (6)  Directions for use; and
 
 7      (7)  Cautionary statements, if any, contained in the
 
 8           prescription or as required by law.
 
 9 A complete and accurate record of all schedule III, IV, and  V
 
10 controlled substances administered, prescribed, and  dispensed
 
11 shall be maintained for [two] five years.  Prescriptions and
 
12 records of dispensing shall be retained  in conformance with the
 
13 requirements of section 329-36  unless otherwise provided by law.
 
14 Prescriptions may not be filled or refilled more than three
 
15 months after the date of the prescription or be refilled more
 
16 than two times after the date of the prescription, unless the
 
17 prescription is  renewed by the practitioner.
 
18      (d)  The effectiveness of a prescription for the purposes of
 
19 this section shall be determined as follows:
 
20      (1)  A prescription for a controlled substance shall be
 
21           issued for a legitimate medical purpose by an
 
22           individual practitioner acting in the usual course of
 
23           the practitioner's professional practice.  The
 

 
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 1           responsibility for the proper prescribing and
 
 2           dispensing of controlled substances shall be upon the
 
 3           prescribing practitioner, but a corresponding
 
 4           responsibility shall rest with the pharmacist who fills
 
 5           the prescription.  An order purporting to be a
 
 6           prescription issued not in the usual course of
 
 7           professional treatment or for legitimate and authorized
 
 8           research shall not be deemed a prescription within the
 
 9           meaning and intent of this section, and the person who
 
10           knowingly fills such a purported prescription, as well
 
11           as the person who issues the prescription, shall be
 
12           subject to the penalties provided for violations of
 
13           this chapter;
 
14      (2)  A prescription may not be issued to allow an individual
 
15           practitioner to obtain controlled substances for
 
16           supplying the individual practitioner for the purpose
 
17           of general dispensing to patients;
 
18      (3)  A prescription may not be issued for the dispensing of
 
19           narcotic drugs listed in any schedule for the purpose
 
20           of "detoxification treatment" or "maintenance
 
21           treatment".  Nothing in this section shall prohibit a
 
22           physician or authorized hospital staff from
 
23           administering or dispensing narcotic drugs in a
 

 
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 1           hospital to maintain or detoxify a person as an
 
 2           incidental adjunct to medical or surgical treatment of
 
 3           conditions other than addiction; and
 
 4      (4)  An individual practitioner may not prescribe or
 
 5           dispense a substance included in schedule II, III, IV,
 
 6           or V for that individual practitioner's personal use,
 
 7           except in a medical emergency.
 
 8      (e)  Prescriptions for controlled substances shall be issued
 
 9 only as follows:
 
10      (1)  All prescriptions for controlled substances shall be
 
11           dated as of, and signed on, the day when the
 
12           prescriptions were issued and shall bear:
 
13           (A)  The full name and address of the patient; [and]
 
14           (B)  The name, address, telephone number, and
 
15                registration number of the practitioner[.]; and
 
16           (C)  Controlled Substance prescriptions shall be no
 
17                larger than 4-1/2 inches by 6-1/2 inches and no
 
18                smaller than 4 inches by 5 inches.
 
19           A practitioner may sign a prescription in the same
 
20           manner as the practitioner would sign a check or legal
 
21           document (e.g., J.H. Smith or John H. Smith) and shall
 
22           use both words and figures (e.g., alphabetically and
 
23           numerically as indications of quantity, such as five
 

 
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 1           (5)), to indicate the amount of controlled substance to
 
 2           be dispensed. Where an oral order is not permitted,
 
 3           prescriptions shall be written with ink or indelible
 
 4           pencil or by typewriter and shall be manually signed by
 
 5           the practitioner. The prescriptions may be prepared by
 
 6           a secretary or agent for the signature of the
 
 7           practitioner, but the prescribing practitioner shall be
 
 8           responsible in case the prescription does not conform
 
 9           in all essential respects to this chapter and any rules
 
10           adopted pursuant to this chapter.  A corresponding
 
11           liability shall rest upon a pharmacist who fills a
 
12           prescription not prepared in the form prescribed by
 
13           this section;
 
14      (2)  An intern, resident, or foreign-trained physician, or a
 
15           physician on the staff of a Department of Veterans
 
16           Affairs facility or other facility serving veterans,
 
17           exempted from registration under this chapter, shall
 
18           include on all prescriptions issued by the physician:
 
19           (A)  The registration number of the hospital or other
 
20                institution; and
 
21           (B)  The special internal code number assigned to the
 
22                physician by the hospital or other institution in
 
23                lieu of the registration number of the
 

 
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 1                practitioner required by this section.
 
 2           The hospital or other institution shall forward a copy
 
 3           of this special internal code number list to the
 
 4           department as often as necessary to update the
 
 5           department of any additions or deletions.  Failure to
 
 6           comply with this section shall result in the suspension
 
 7           of that facility's privilege to fill controlled
 
 8           substance prescriptions at pharmacies outside of the
 
 9           hospital or other institution.  Each written
 
10           prescription shall have the name of the physician
 
11           stamped, typed, or handprinted on it, as well as the
 
12           signature of the physician; and
 
13      (3)  An official exempted from registration shall include on
 
14           all prescriptions issued by the official:
 
15           (A)  The official's branch of service or agency (e.g.,
 
16                "U.S. Army" or "Public Health Service"); and
 
17           (B)  The official's service identification number, in
 
18                lieu of the registration number of the
 
19                practitioner required by this section.  The
 
20                service identification number for a Public Health
 
21                Service employee shall be the employee's Social
 
22                Security identification number.
 
23           Each prescription shall have the name of the officer
 

 
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 1           stamped, typed, or handprinted on it, as well as the
 
 2           signature of the officer[.]; and
 
 3      (4)  A mid-level practitioner registered to prescribe
 
 4           controlled substances under the authorization of a
 
 5           supervising physician shall include on all
 
 6           prescriptions issued:
 
 7           (A)  The DEA registration number of the supervising
 
 8                physician; and
 
 9           (B)  The special code number assigned to the mid-level
 
10                practitioner by the department.
 
11           Each written prescription shall include the printed,
 
12           stamped, typed, or handprinted name, address and phone
 
13           number of both the supervising physician and mid-level
 
14           practitioner, as well as the signature of the mid-level
 
15           practitioner. Each written prescription issued by a
 
16           mid-level practitioner shall be reviewed and initialed
 
17           by the mid-level practitioner's supervising physician
 
18           within seven working days.
 
19      (f)  A prescription for controlled substances may only be
 
20 filled by a pharmacist acting in the usual course of the
 
21 pharmacist's professional practice and either registered
 
22 individually or employed in a registered pharmacy or registered
 
23 institutional practitioner.
 

 
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 1      (g)  Partial filling of controlled substance prescriptions
 
 2 shall be determined as follows:
 
 3      (1)  The partial filling of a prescription for a controlled
 
 4           substance listed in schedule II is permissible if the
 
 5           pharmacist is unable to supply the full quantity called
 
 6           for in a written or emergency oral prescription and the
 
 7           pharmacist makes a notation of the quantity supplied on
 
 8           the face of the written prescription (or written record
 
 9           of the emergency oral prescription).  The remaining
 
10           portion of the prescription may be filled within
 
11           seventy-two hours of the first partial filling;
 
12           provided that if the remaining portion is not or cannot
 
13           be filled within the seventy-two hour-period, the
 
14           pharmacist shall notify the prescribing individual
 
15           practitioner.  No further quantity shall be supplied
 
16           beyond seventy-two hours without a new prescription;
 
17           and
 
18      (2)  The partial filling of a prescription for a controlled
 
19           substance listed in schedule III, IV or V is
 
20           permissible; provided that:
 
21           (A)  Each partial filling is recorded in the same
 
22                manner as a refilling;
 
23           (B)  The total quantity dispensed in all partial
 

 
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 1                fillings does not exceed the total quantity
 
 2                prescribed;
 
 3           (C)  No dispensing occurs more than three months after
 
 4                the date on which the prescription was issued; and
 
 5           (D)  The prescription is refilled no more than two
 
 6                times after the initial date of the prescription,
 
 7                unless the prescription is renewed by the
 
 8                practitioner."
 
 9      SECTION 5.  Section 329-42, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  It is unlawful for any person knowingly or
 
12 intentionally:
 
13      (1)  To distribute as a registrant a controlled substance
 
14           classified in schedule I or II, except pursuant to an
 
15           order form as required by section 329-37;
 
16      (2)  To use in the course of the manufacture or distribution
 
17           of a controlled substance a registration number that is
 
18           fictitious, revoked, suspended, or issued to another
 
19           person;
 
20      (3)  To acquire or obtain possession of a controlled
 
21           substance by misrepresentation, fraud, forgery,
 
22           deception, or subterfuge;
 
23      (4)  To furnish false or fraudulent material information in,
 

 
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 1           or omit any material information from, any application,
 
 2           report, or other document required to be kept or filed
 
 3           under this chapter, or any record required to be kept
 
 4           by this chapter;
 
 5      (5)  To make, distribute, or possess any punch, die, plate,
 
 6           stone, or other thing designed to print, imprint, or
 
 7           reproduce the trademark, trade name, or other
 
 8           identifying mark, imprint, or device of another or any
 
 9           likeness of any of the foregoing upon any drug or
 
10           container or labeling thereof so as to render the drug
 
11           a counterfeit substance;
 
12      (6)  To misapply or divert to the person's own use or other
 
13           unauthorized or illegal use or to take, make away with,
 
14           or secrete, with intent to misapply or divert to the
 
15           person's own use or other unauthorized or illegal use,
 
16           any controlled substance that shall have come into the
 
17           person's possession or under the person's care as a
 
18           registrant or as an employee of a registrant who is
 
19           authorized to possess controlled substances or has
 
20           access to controlled substances by virtue of the
 
21           person's employment; [or]
 
22      (7)  To make, distribute, possess or sell any prescription
 
23           form, whether blank, faxed, computer generated,
 

 
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 1           photocopied, or reproduced in any other matter without
 
 2           the authorization of the licensed practitioner[.]; or
 
 3      (8)  To furnish a false name, address, or patient
 
 4           identification number to obtain or attempt to obtain a
 
 5           controlled substance or a prescription for a controlled
 
 6           substance."
 
 7      SECTION 6.  Section 329-46, Hawaii Revised Statutes, is
 
 8 amended by amending section (a) to read as follows:
 
 9      "(a)  It is unlawful for any person, [knowingly or
 
10 intentionally to visit more than one practitioner and withhold
 
11 information regarding previous practitioner visits for the
 
12 purpose of obtaining one or more controlled substance
 
13 prescriptions for quantities that:
 
14      (1)  Exceed what any single practitioner would have
 
15           prescribed or dispensed for the time period and
 
16           legitimate medical purpose represented; and
 
17      (2)  Would constitute an offense pursuant to part IV of
 
18           chapter 712.]
 
19 while undergoing treatment and being supplied with any controlled
 
20 substance or a prescription for any controlled substance from one
 
21 practitioner, to knowingly obtain or attempt to obtain any
 
22 controlled substance or a prescription for a controlled substance
 
23 from another practitioner without first disclosing this fact to
 

 
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 1 the second practitioner.  Information communicated to a physician
 
 2 in an effort unlawfully to procure a controlled substance, or
 
 3 unlawfully to procure the administration of any such controlled
 
 4 substance, shall not be deemed a privileged communication."
 
 5      SECTION 7.  Section 329-59, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]329-59[]]  Controlled substance registration revolving
 
 8 fund; established.(a)  There is established within the state
 
 9 treasury the controlled substance registration revolving fund.
 
10 The fund shall be expended at the discretion of the director of
 
11 public safety for the purpose of:
 
12      (1)  Offsetting the cost of the electronic prescription
 
13           accountability system and the registration and control
 
14           of the manufacture, distribution, prescription, and
 
15           dispensation of controlled substances and regulated
 
16           chemicals listed under section 329-61, within the
 
17           State; and
 
18      (2)  Funding positions authorized by the legislature by law.
 
19      (b)  The fund shall consist of all moneys derived  from fees
 
20 collected pursuant to [section] sections 329-31 and 329-67 and
 
21 legislative appropriations.  All fees collected pursuant to
 
22 [section] sections 329-31 and 329-67 shall be deposited in the
 
23 controlled substance registration revolving fund."
 

 
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 1      SECTION 8.  Part VI of chapter 329, Hawaii Revised Statutes,
 
 2 is amended by amending the title to read as follows:
 
 3      "PART VI.  [PRECURSORS TO] REGULATED CHEMICALS FOR THE
 
 4               MANUFACTURE OF CONTROLLED SUBSTANCES"
 
 5      SECTION 9.  Section 329-61, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "329-61  Substances subject to reporting.  (a)  List 1
 
 8 chemicals.  Any manufacturer, wholesaler, retailer, or other
 
 9 person who sells, transfers, or otherwise furnishes any of the
 
10 following substances to any person in this State or for use in
 
11 this State shall submit a report to the department [of public
 
12 safety] of all those transactions:
 
13      (1)  Phenyl-2-propanone;
 
14      (2)  Methylamine;
 
15      (3)  Phenylacetic acid;
 
16      (4)  Ephedrine;
 
17      (5)  Pseudoephedrine;
 
18      (6)  Norpseudoephedrine;
 
19      (7)  Phenylpropanolamine;
 
20      (8)  Hydriodic acid;
 
21      (9)  Benzyl cyanide;
 
22     (10)  Benzyl chloride;
 
23     (11)  N-methylformamide;
 

 
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 1     (12)  N-methylephedrine;
 
 2     (13)  N-ethylephedrine;
 
 3     (14)  N-ethylpseudoephedrine;
 
 4     (15)  N-methylpseudoephedrine;
 
 5     (16)  Chloroephedrine;
 
 6     (17)  Chloropseudoephedrine;
 
 7     (18)  Ethylamine;
 
 8     (19)  D-lysergic acid;
 
 9     (20)  Ergotamine tartrate;
 
10     (21)  Piperidine;
 
11     (22)  N-acetylanthranilic acid;
 
12     (23)  Anthranilic acid;
 
13     (24)  Propionic anhydride;
 
14     (25)  Isosafrole;
 
15     (26)  Safrole;
 
16     (27)  Piperonal;
 
17     (28)  Thionychloride;
 
18     (29)  Ergonovine maleate;
 
19     (30)  3,4-Methylenedioxyphenyl-2-propanone;
 
20     (31)  Benzaldehyde;
 
21     (32)  Nitroethane[.];
 
22     (33)  Red phosphorus;
 
23     (34)  Iodine crystals;
 

 
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 1     (35)  Gamma butyrolactone (GBL).
 
 2      (b)  List 2 chemicals.  Any manufacturer, wholesaler,
 
 3 retailer, or other person who sells, transfers, or otherwise
 
 4 furnishes any extraordinary quantity of any of the following
 
 5 chemicals, or sells, transfers, or otherwise furnishes the
 
 6 chemicals through the use of an uncommon method of payment or
 
 7 delivery or under any other circumstances that may make that
 
 8 person believe that the following chemicals could be used in
 
 9 violation of this part by any person in this State, shall report
 
10 to the department all those transactions of:
 
11      (1)  Acetic anhydride;
 
12      (2)  Acetone;
 
13      (3)  Benzyl chloride;
 
14      (4)  Ethyl ether;
 
15      (5)  Potassium permanganate;
 
16      (6)  2-Butanone (or Methyl Ethyl Ketone or MEK);
 
17      (7)  Toluene;
 
18      (8)  Hydrochloric acid;
 
19      (9)  Sulfuric acid;
 
20     (10)  Methyl Isobutyl Ketone (MIBK)."
 
21      SECTION 10.  Section 329-63, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]329-63[]]  Report of transaction.(a)  Any
 

 
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 1 manufacturer, wholesaler, retailer, or other person who sells,
 
 2 transfers, receives, or brings in from outside the State, or
 
 3 otherwise furnishes a substance specified in section 329-61 for
 
 4 use by a person in this State, [not less than twenty-one days
 
 5 prior to delivery of the substance, shall submit a report of the
 
 6 transaction, which includes the identification information
 
 7 specified in section 329-62 to the department of public safety.
 
 8 However, the department of public safety may authorize the
 
 9 submission of the reports on a monthly basis with respect to
 
10 repeated, regular transactions between the furnisher and the
 
11 recipient involving the same substance if the department of
 
12 public safety determines that either of the following exist:
 
13      (1)  A pattern of regular supply of the substance exists
 
14           between the manufacturer, wholesaler, retailer, or
 
15           other person who sells, transfers, or otherwise
 
16           furnishes the substance and the recipient of the
 
17           substance; or
 
18      (2)  The recipient has established a record of utilization
 
19           of the substance for lawful purposes.] shall report to
 
20           the administrator the following:
 
21      (1)  Any regulated transaction involving an extraordinary
 
22           quantity of a chemical listed in 329-61, an uncommon
 
23           method of payment or delivery, or any other
 

 
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 1           circumstances that the regulated person believes may
 
 2           indicate that the regulated chemical will be used in
 
 3           violation of this part;
 
 4      (2)  Any proposed regulated transaction with a person whose
 
 5           description or other identifying characteristics the
 
 6           department has previously furnished to the regulated
 
 7           person;
 
 8      (3)  Any unusual or excessive loss or disappearance of a
 
 9           regulated chemical listed under section 329-61 that is
 
10           under the control of the regulated person, to include
 
11           exempted items.  The regulated person responsible for
 
12           reporting a loss in-transit is the supplier; and
 
13      (4)  Any regulated transaction of a tableting machine or an
 
14           encapsulating machine.
 
15      (b)  Each report submitted pursuant to subsection (a) of
 
16 this section shall, whenever possible, be made orally to the
 
17 department at the earliest practicable opportunity after the
 
18 regulated person becomes aware of the circumstances involved and
 
19 as much in advance of the conclusion of the transaction as
 
20 possible.  A written report shall also be submitted to the
 
21 department following an oral report.  The department [of public
 
22 safety] shall provide a common reporting form for the substances
 
23 in section 329-61 [which] that contains at least the following
 

 
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 1 information:
 
 2      (1)  Name of the substance;
 
 3      (2)  Quantity of the substance sold, transferred, or
 
 4           furnished;
 
 5      (3)  The date the substance was sold, transferred, or
 
 6           furnished;
 
 7      (4)  The name and address of the person buying or receiving
 
 8           the substance; and
 
 9      (5)  The name and address of the manufacturer, wholesaler,
 
10           retailer, or other person selling, transferring, or
 
11           furnishing such substance."
 
12      SECTION 11.  Section 329-64, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]329-64[]]  Exceptions.  (a)  This part shall not apply
 
15 to any of the following:
 
16      (1)  Any pharmacist or other authorized person who sells or
 
17           furnishes a substance upon the prescription of a
 
18           physician, dentist, podiatrist, or veterinarian;
 
19      (2)  Any physician, dentist, podiatrist, or veterinarian
 
20           registered with the department pursuant to section
 
21           329-32, who administers or furnishes a substance to
 
22           patients;
 
23      (3)  Any manufacturer or wholesaler registered with the
 

 
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 1           department pursuant to section 329-32 and licensed by
 
 2           the State who sells, transfers, or otherwise furnishes
 
 3           a substance to a licensedpharmacy, physician, dentist,
 
 4           podiatrist, or veterinarian; [and
 
 5      (4)  Any sale, transfer, furnishing, or receipt of any drug
 
 6           which contains ephedrine, pseudoephedrine,
 
 7           norpseudoephedrine, or phenylpropanolamine and which is
 
 8           lawfully sold, transferred, or furnished over the
 
 9           counter without a prescription pursuant to the federal
 
10           Food, Drug, and Cosmetic Act (21 United States Code
 
11           Sec. 301 et seq.) or regulations adopted thereunder.]
 
12      (4)  Any manufacturer, wholesaler, distributor, or person
 
13           who imports or exports a chemical listed in section
 
14           329-61, if that person is registered pursuant to
 
15           section 329-32 to engage in the same activity with a
 
16           controlled substance;
 
17      (5)  Any retail distributor who sells, transfers, or
 
18           furnishes any over-the-counter drug product in a single
 
19           transaction to an individual for legitimate medical use
 
20           that contains a below threshold amount of ephedrine,
 
21           pseudoephedrine, norpseudoephedrine, or
 
22           phenylpropanolamine in a single transaction.  The
 
23           threshold amount for retail distribution is twenty-four
 

 
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 1           grams in a single transaction;
 
 2      (6)  Any "dietary supplement" as defined by the federal
 
 3           Food, Drug, and Cosmetic Act (21 United States Code
 
 4           sec. 301) containing ephedrine alkaloids extracted from
 
 5           the plant (genus) Ephedra that meets all of the
 
 6           following criteria:
 
 7           (A)  It contains, per dosage unit or serving, not more
 
 8                than twenty-five milligrams of ephedrine alkaloids
 
 9                and its labeling does not suggest or recommend a
 
10                total daily intake of one hundred milligrams or
 
11                more of ephedrine alkaloids;
 
12           (B)  It contains no hydrochloride or sulfate salts of
 
13                ephedrine alkaloids;
 
14           (C)  It is packaged with a prominent label securely
 
15                affixed to each package that states all of the
 
16                following:
 
17                (i)  The amount in milligrams of ephedrine
 
18                     alkaloids in a dosage unit or serving;
 
19               (ii)  The amount of the dietary supplement that
 
20                     constitutes a dosage unit or serving;
 
21              (iii)  That the maximum recommended dosage of
 
22                     ephedrine alkaloids for a healthy adult human
 
23                     is not more than one hundred milligrams in a
 

 
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 1                     twenty-four period.
 
 2      (b)  The administrator, upon finding that the continuation
 
 3 of an exemption would not be in the public interest, may suspend
 
 4 or revoke a person's exemption pursuant to procedures set forth
 
 5 in its rules.  In considering the revocation or suspension of a
 
 6 person's exemption or permit, the administrator may also suspend
 
 7 the person's controlled substance registration."
 
 8      SECTION 12.  Section 329-65, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "329-65  Penalty.(a)  Any manufacturer, wholesaler,
 
11 retailer, or other person who does not submit a report as
 
12 required by section 329-63 or who knowingly submits a report with
 
13 false or fictitious information shall be fined not more than
 
14 $5,000, or imprisoned not more than thirty days, or both.
 
15      (b)  Any manufacturer, wholesaler, retailer, or other person
 
16 who has previously been convicted of violating subsection (a),
 
17 upon a subsequent conviction thereof, shall be fined not more
 
18 than $100,000, or imprisoned not more than one year, or both.
 
19      (c)  Any manufacturer, wholesaler, retailer, or other person
 
20 who sells, transfers, or otherwise furnishes any of the
 
21 substances listed in section 329-61 with knowledge or the intent
 
22 that the recipient will use the substance to unlawfully
 
23 manufacture any controlled substance shall be fined not more than
 

 
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 1 $100,000, or imprisoned not more than five years, or both.
 
 2      (d)  Any manufacturer, wholesaler, retailer, or other person
 
 3 who possesses any of the substances listed in section 329-61 with
 
 4 the intent to illegally manufacture any controlled substance
 
 5 shall be fined not more than $100,000, or imprisoned not more
 
 6 than ten years, or both.
 
 7      (e)  Any person who possesses, sells, distributes, purchases
 
 8 for resale, or causes to be sold, distributed, or purchased for
 
 9 resale any ephedrine-containing product with a label that claims
 
10 or implies that consumption of the product will produce effects
 
11 such as ecstasy, euphoria, increased sexual sensations,
 
12 heightened awareness, increased energy, legal "highs", and other
 
13 similar effects shall be fined not more than $5000, or imprisoned
 
14 not more than one year, or both."
 
15      SECTION 13.  Section 329-67, Hawaii Revised Statutes, is
 
16 amended by amending subsections (d), (e), and (f) to read as
 
17 follows:
 
18      "(d)  Each applicant shall pay at the time of filing an
 
19 application for a permit a fee determined by the department [of
 
20 public safety which shall not exceed the applications processing
 
21 costs.] in accordance with the department's rules.
 
22      (e)  A permit granted pursuant to this part may be renewed
 
23 one year from the date of issuance, and annually thereafter, upon
 

 
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 1 the filing of a renewal application and the payment of a permit
 
 2 renewal fee [not to exceed the application processing costs.] in
 
 3 accordance with the department's rules.
 
 4      (f)  (1)  Any manufacturer, wholesaler, retailer, or other
 
 5           person who sells, transfers, or otherwise furnishes, or
 
 6           receives any substance specified in section 329-61
 
 7           without a permit shall be [fined not more than $5,000,
 
 8           or imprisoned not more than thirty days, or both;]
 
 9           guilty of a misdemeanor; and
 
10      (2)  Any manufacturer, wholesaler, retailer, or other person
 
11           who has previously been convicted of violating section
 
12           329-67(a), upon a subsequent conviction thereof shall
 
13           be [fined not more than $100,000, or imprisoned not
 
14           more than one year, or both.] guilty of a class C
 
15           felony."
 
16      SECTION 14.  Statutory material to be repealed is bracketed,
 
17 except bracketed material contained within the name of a
 
18 substance listed in section 2 of this Act is not to be repealed.
 
19 New statutory material is underscored.
 
20      SECTION 15.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY: ________________________
 

 
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