REPORT TITLE:
Controlled substances

DESCRIPTION:
Adds definitions for the term ephedrine.  Makes technical
corrections to the existing law.  Updates record keeping
requirements for controlled substances from two to five years and
clarifies that communications by physicians for the purpose of
disclosing prescription drug abuses is not privileged
communications.  (HB1193 HD1)

 
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                                                        1193
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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" shall include any synthetic compound, salt,
 
 5 derivative, mixture, or preparation extracted any species of
 
 6 Ephedra that contains the substance ephedrine.
 
 7      SECTION 2.  Section 329-14, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (d) to read as follows:
 
 9      "(d)  Any material, compound, mixture, or preparation that
 
10 contains any quantity of the following hallucinogenic substances,
 
11 their salts, isomers, and salts of isomers, unless specifically
 
12 excepted, whenever the existence of these salts, isomers, and
 
13 salts of isomers is possible within the specific chemical
 
14 designation:
 
15      (1)  Alpha-ethyltryptamine (AET);
 
16      (2)  [2,5-dimethoxy-4-ethylamphet-amine (DOET);] 2,5-
 
17           dimethoxy-4-ethylamphetamine (DOET);
 
18      (3)  2,5-dimethoxyamphetamine (2,5-DMA);
 
19      (4)  3,4-methylenedioxy amphetamine;
 
20      (5)  3,4-methylenedioxymethamphetamine (MDMA);
 

 
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 1      (6)  N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-
 
 2           MDA);
 
 3      (7)  3,4-methylenedioxy-N-ethylamphetamine (MDE);
 
 4      (8)  5-methoxy-3,4-methylenedioxy-amphetamine;
 
 5      (9)  4-bromo-2,5-dimethoxy-amphetamine(4-bromo-2,5-DMA);
 
 6     (10)  4-Bromo-2,5-dimethoxyphenethylamine (Nexus);
 
 7     (11)  3,4,5-trimethoxy amphetamine;
 
 8     (12)  Bufotenine;
 
 9     (13)  4-methoxyamphetamine (PMA);
 
10     (14)  Diethyltryptamine;
 
11     (15)  Dimethyltryptamine;
 
12     (16)  4-methyl-2,5-dimethoxy-amphetamine;
 
13     (17)  [Gamma hydroxybuterate (GHB);] Gamma Hydroxybutyrate
 
14           (GHB);
 
15     (18)  Ibogaine;
 
16     (19)  Lysergic acid diethylamide;
 
17     (20)  Marijuana;
 
18     (21)  Parahexyl;
 
19     (22)  Mescaline;
 
20     (23)  Peyote;
 
21     (24)  N-ethyl-3-piperidyl benzilate;
 
22     (25)  N-methyl-3-piperidyl benzilate;
 
23     (26)  Psilocybin;
 

 
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 1     (27)  Psilocyn;
 
 2     (28)  1-[1-(2-Thienyl) cyclohexyl]Pyrrolidine (TCPy);
 
 3     (29)  Tetrahydrocannabinols;
 
 4     (30)  Ethylamine analog of phencyclidine (PCE);
 
 5     (31)  Pyrrolidine analog of phencyclidine (PCPy, PHP); or
 
 6     (32)  Thiophene analog of phencyclidine (TPCP; TCP)."
 
 7      SECTION 3.  Section 329-31.5, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]329-31.5[]]  Clinics.  Registration as a clinic is
 
10 required when an out-patient medical facility maintains
 
11 centralized ordering, storage, and record keeping of controlled
 
12 substances to be administered and/or dispensed to patients.
 
13 Registration of a clinic requires that:
 
14      (1)  Each location where controlled substances are stocked
 
15           shall be registered by name, location, and designated
 
16           principal practitioner or affiliated pharmacy.  The
 
17           principal practitioner or affiliated pharmacy shall be
 
18           responsible for the accurate maintenance of records
 
19           which document all controlled substances ordered,
 
20           received, administered, and dispensed within the
 
21           clinic;
 
22      (2)  Controlled substances stocked at a clinic under the
 
23           clinic State of Hawaii and Drug Enforcement
 

 
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 1           Administration registration numbers be administered to
 
 2           clinic patients by licensed or registered health care
 
 3           professionals under the supervision of the treating
 
 4           practitioner;
 
 5      (3)  Controlled substances stocked at a clinic under the
 
 6           clinic State of Hawaii and Drug Enforcement
 
 7           Administration registration numbers be dispensed to
 
 8           clinic patients only by the treating practitioner for
 
 9           emergency and urgent care, when a written prescription
 
10           would not be practical;
 
11      (4)  A centralized record signed and dated by the treating
 
12           practitioner which indicates the patient, controlled
 
13           substance, date and time of administration and/or
 
14           dispensing be maintained and stored with the current
 
15           controlled substance inventory, ordering, and receipt
 
16           records.  These records shall be maintained for [two]
 
17           five years; and
 
18      (5)  A clinic practitioner who individually maintains a
 
19           personal stock of controlled substances does so under
 
20           the practitioner's individual State and Drug
 
21           Enforcement Administration registration number.  These
 
22           controlled substances must be kept separate from clinic
 
23           stock and cannot be accessed by other practitioners.
 

 
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 1      The term "affiliated pharmacy" as used in this section means
 
 2 a licensed pharmacy which supplies and monitors the controlled
 
 3 substances stocked in a registered clinic.
 
 4      The term "clinic" as used in this section means an out-
 
 5 patient medical facility owned and operated by a legal entity
 
 6 that employs individual practitioners for the treatment of
 
 7 patients and which may or may not provide after-hours emergency
 
 8 or urgent care.
 
 9      The term "principal physician" means the practitioner in a
 
10 clinic whose signature appears on the clinic's State of Hawaii
 
11 and Drug Enforcement Administration registrations, and who is
 
12 responsible for the proper maintenance, storage, and record
 
13 keeping of the controlled substances ordered and centrally
 
14 stocked in the clinic using the clinic Drug Enforcement
 
15 Administration registration number."
 
16      SECTION 4.  Section 329-38, Hawaii Revised Statutes, is
 
17 amended as follows:
 
18      1.  By amending subsections (a), (b), and (c) to read:
 
19      "(a)  No controlled substance in schedule II may be
 
20 dispensed without a written prescription of a practitioner,
 
21 except:
 
22      (1)  In an emergency situation, those drugs may be dispensed
 
23           upon oral prescription of a practitioner; provided that
 

 
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 1           promptly thereafter, the prescription is reduced to
 
 2           writing by the practitioner and filed by the pharmacy;
 
 3           or
 
 4      (2)  When dispensed directly by a practitioner, other than a
 
 5           pharmacist, to the ultimate user.  The practitioner in
 
 6           dispensing a controlled substance in schedule II shall
 
 7           affix to the package a label showing:
 
 8           (A)  The date of dispensing;
 
 9           (B)  The name, strength, and quantity issued of the
 
10                drug;
 
11           (C)  The dispensing practitioner's name and address;
 
12           (D)  The name of the patient;
 
13           (E)  The date the potency of the drug expires if that
 
14                date is available from the manufacturer or
 
15                principal labeler; and
 
16           (F)  Directions for use, and cautionary statements, if
 
17                any, contained in the prescription or as required
 
18                by law.
 
19           A complete and accurate record of all schedule II
 
20           controlled substances ordered, administered,
 
21           prescribed, and dispensed shall be maintained for [two]
 
22           five years.  All schedule II prescriptions shall be
 
23           written by the practitioner in duplicate.
 

 
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 1           Prescriptions and records of dispensing shall otherwise
 
 2           be retained in conformance with the requirements of
 
 3           section 329-36.  No prescription for a controlled
 
 4           substance in schedule II may be refilled.
 
 5      (b)  The transfer of original prescription information for a
 
 6 controlled substance listed in schedule III, IV, or V for the
 
 7 purpose of refill dispensing is permissible between pharmacies on
 
 8 a one time basis, subject to the following requirements:
 
 9      (1)  The transfer shall be communicated directly between two
 
10           licensed pharmacists, and the transferring pharmacist
 
11           shall: 
 
12           (A)  Write or otherwise place the word "VOID" on the
 
13                face of the invalidated prescription;
 
14           (B)  Record on the reverse of the invalidated
 
15                prescription the name, address, and DEA
 
16                registration number of the pharmacy to which it
 
17                was transferred and the name of the pharmacist
 
18                receiving the prescription information; and
 
19           (C)  Record the date of the transfer and the name of
 
20                the pharmacist transferring the information;
 
21      (2)  The pharmacist receiving the transferred prescription
 
22           information shall:
 

 
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 1           (A)  Write or otherwise place the word "transfer" on
 
 2                the face of the transferred prescription;
 
 3           (B)  Record all information required to be on a
 
 4                prescription, including:
 
 5                (i)  The date of issuance of original
 
 6                     prescription;
 
 7               (ii)  The original number of refills authorized on
 
 8                     original prescription;
 
 9              (iii)  The date of original dispensing;
 
10               (iv)  The number of valid refills remaining and
 
11                     date of last refill;
 
12                (v)  The pharmacy's name, address, DEA
 
13                     registration number, and original
 
14                     prescription number from which the
 
15                     prescription information was transferred; and
 
16               (vi)  The name of transferor pharmacist;
 
17      (3)  Both the original and transferred prescription must be
 
18           maintained for a period of [two] five years from the
 
19           date of last refill; and
 
20      (4)  The procedure allowing the transfer of prescription
 
21           information for refill purposes is permissible only
 
22           between pharmacies located on the same island in this
 
23           State.
 

 
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 1      Failure to comply with this subsection shall void the
 
 2 authority of the pharmacy to transfer prescriptions or receive a
 
 3 transferred prescription to or from another pharmacy.
 
 4      (c)  No controlled substance in schedule III, IV, V may be
 
 5 dispensed without a written or oral prescription of a
 
 6 practitioner, except when a controlled substance is dispensed
 
 7 directly by a practitioner, other than a pharmacist, to an
 
 8 ultimate user.  The practitioner, in dispensing a controlled
 
 9 substance in schedule III, IV, or V, shall affix to the package a
 
10 label showing:
 
11      (1)  The date of dispensing;
 
12      (2)  The name, strength, and quantity issued of the drug;
 
13      (3)  The dispensing practitioner's name and business
 
14           address;
 
15      (4)  The name of the patient;
 
16      (5)  The date the potency of the drug expires, if that date
 
17           is available from the manufacturer or the principal
 
18           labeler;
 
19      (6)  Directions for use; and
 
20      (7)  Cautionary statements, if any, contained in the
 
21           prescription or as required by law.
 
22 A complete and accurate record of all schedule III, IV, and  V
 
23 controlled substances administered, prescribed, and  dispensed
 

 
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 1 shall be maintained for [two] five years.  Prescriptions and
 
 2 records of dispensing shall be retained in conformance with the
 
 3 requirements of section 329-36  unless otherwise provided by law.
 
 4 Prescriptions may not be filled or refilled more than three
 
 5 months after the date of the prescription or be refilled more
 
 6 than two times after the date of the prescription, unless the
 
 7 prescription is  renewed by the practitioner."
 
 8      2.  By amending subsection (e) to read:
 
 9      (e)  Prescriptions for controlled substances shall be issued
 
10 only as follows:
 
11      (1)  All prescriptions for controlled substances shall be
 
12           dated as of, and signed on, the day when the
 
13           prescriptions were issued and shall [bear]:
 
14           (A)  [The] Bear the full name and address of the
 
15                patient; [and]
 
16           (B)  [The] Bear the name, address, telephone number,
 
17                and registration number of the practitioner[.];
 
18                and
 
19           (C)  Be no larger than four and one-half inches by six
 
20                and one-half inches and no smaller than four
 
21                inches by five inches.
 
22           A practitioner may sign a prescription in the same
 
23           manner as the practitioner would sign a check or legal
 

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

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

 
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 1                Service employee shall be the employee's Social
 
 2                Security identification number.
 
 3           Each prescription shall have the name of the officer
 
 4           stamped, typed, or handprinted on it, as well as the
 
 5           signature of the officer."
 
 6      SECTION 5.  Section 329-46, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]329-46[]]  Prohibited acts related to visits to more
 
 9 than one practitioner to obtain controlled substance
 
10 prescriptions.(a)  It is unlawful for any person knowingly or
 
11 intentionally to visit more than one practitioner and withhold
 
12 information regarding previous practitioner visits for the
 
13 purpose of obtaining one or more controlled substance
 
14 prescriptions for quantities that:
 
15      (1)  Exceed what any single practitioner would have
 
16           prescribed or dispensed for the time period and
 
17           legitimate medical purpose represented; and
 
18      (2)  Would constitute an offense pursuant to part IV of
 
19           chapter 712.
 
20      (b)  Information communicated to a physician in an effort to
 
21 unlawfully procure a controlled substance, or to unlawfully
 
22 procure the administration, prescribing, or dispensing of any
 
23 controlled substance shall not be deemed a privileged
 
24 communication.
 

 
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 1      [(b)] (c)  Any person who violates this section is guilty of
 
 2 a crime which is of the grade and class identical to that imposed
 
 3 under part IV of chapter 712 for the same type and equivalent
 
 4 quantity of controlled substance."
 
 5      SECTION 6.  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 7.  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 8.  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;[A
 
 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; and
 
24     (35)  Gamma butyrolactone (GBL).
 

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

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

 
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 1 329-61, for use by a person in this State shall report to the
 
 2 administrator the following:
 
 3      (1)  Any regulated transaction involving:
 
 4      (A)  An above threshold quantity;
 
 5      (B)  Any suspicious or out-of-the-ordinary quantity of a
 
 6           chemical listed in 329-61;
 
 7      (C)  An uncommon method of payment or delivery; or
 
 8      (D)  Any other circumstances that the regulated person
 
 9           believes may indicate that the regulated chemical will
 
10           be used in violation of this part;
 
11      (2)  Any proposed regulated transaction with a person whose
 
12           description or other identifying characteristics the
 
13           department has previously furnished to the regulated
 
14           person;
 
15      (3)  Any unusual or excessive loss or disappearance of a
 
16           regulated chemical listed under section 329-61 that is
 
17           under the control of the regulated person, to include
 
18           exempted items.  The regulated person responsible for
 
19           reporting a loss in-transit is the supplier;
 
20      (4)  Any regulated transaction of a tableting machine or an
 
21           encapsulating machine; and
 
22      (5)  All single entity ephedrine transactions.
 

 
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 1      [(b)] (c)  The department of public safety shall provide a
 
 2 common reporting form for the substances in section 329-61
 
 3 [which] that contains at least the following information:
 
 4      (1)  Name of the substance;
 
 5      (2)  Quantity of the substance sold, transferred, or
 
 6           furnished;
 
 7      (3)  The date the substance was sold, transferred, or
 
 8           furnished;
 
 9      (4)  The name and address of the person buying or receiving
 
10           the substance; and
 
11      (5)  The name and address of the manufacturer, wholesaler,
 
12           retailer, or other person selling, transferring, or
 
13           furnishing such substance.
 
14      (d)  Each report submitted pursuant to subsection (b) of
 
15 this section shall, whenever possible, be made orally to the
 
16 department at the earliest practicable opportunity after the
 
17 regulated person becomes aware of the circumstances involved and
 
18 as much in advance of the conclusion of the transaction as
 
19 possible.  A written report shall also be submitted to the
 
20 department following an oral report."
 
21      SECTION 10.  Section 329-64, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
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 1      "[[]329-64[]]  Exceptions.  (a)  This part shall not apply
 
 2 to any of the following:
 
 3      (1)  Any pharmacist or other authorized person who sells or
 
 4           furnishes a substance upon the prescription of a
 
 5           physician, dentist, podiatrist, or veterinarian;
 
 6      (2)  Any physician, dentist, podiatrist, or veterinarian
 
 7           registered with the department pursuant to section 329-
 
 8           32, who administers or furnishes a substance to
 
 9           patients;
 
10      (3)  Any manufacturer or wholesaler registered with the
 
11           department pursuant to section 329-32 and licensed by
 
12           the State who sells, transfers, or otherwise furnishes
 
13           a substance to a licensed pharmacy, physician, dentist,
 
14           podiatrist, or veterinarian; [and
 
15      (4)  Any sale, transfer, furnishing, or receipt of any drug
 
16           which contains ephedrine, pseudoephedrine,
 
17           norpseudoephedrine, or phenylpropanolamine and which is
 
18           lawfully sold, transferred, or furnished over the
 
19           counter without a prescription pursuant to the federal
 
20           Food, Drug, and Cosmetic Act (21 United States Code
 
21           Sec. 301 et seq.) or regulations adopted thereunder.]
 
22      (4)  Any manufacturer, wholesaler, distributor, or person
 
23           who imports or exports a chemical listed in section
 

 
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 1           329-61, if that person is registered pursuant to
 
 2           section 329-32 to engage in the same activity with a
 
 3           controlled substance;
 
 4      (5)  Any retail distributor who sells, transfers, or
 
 5           furnishes any over-the-counter drug product in a single
 
 6           transaction to an individual for legitimate medical use
 
 7           that contains a below threshold amount of ephedrine,
 
 8           pseudoephedrine, norpseudoephedrine, or
 
 9           phenylpropanolamine in a single transaction.  The
 
10           threshold amount for retail distribution is twenty-four
 
11           grams in a single transaction;
 
12      (6)  Any "dietary supplement" as defined by the federal
 
13           Food, Drug, and Cosmetic Act (21 United States Code
 
14           sec. 301) containing ephedrine alkaloids extracted from
 
15           any species of Ephedra that meets all of the following
 
16           criteria:
 
17           (A)  It contains, per dosage unit or serving, not more
 
18                than twenty-five milligrams of ephedrine alkaloids
 
19                and its labeling does not suggest or recommend a
 
20                total daily intake of one hundred milligrams or
 
21                more of ephedrine alkaloids;
 
22           (B)  It contains no hydrochloride or sulfate salts of
 
23                ephedrine alkaloids;
 

 
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 1           (C)  It is packaged with a prominent label securely
 
 2                affixed to each package that states all of the
 
 3                following:
 
 4                (i)  The amount in milligrams of ephedrine
 
 5                     alkaloids in a dosage unit or serving;
 
 6               (ii)  The amount of the dietary supplement that
 
 7                     constitutes a dosage unit or serving; and
 
 8              (iii)  That the maximum recommended dosage of
 
 9                     ephedrine alkaloids for a healthy adult human
 
10                     is not more than one hundred milligrams in a
 
11                     twenty-four period.
 
12      (b)  The reporting requirement shall not apply to any
 
13 manufacturer, wholesaler, retailer, or other person who sells,
 
14 transfers, receives, or brings in from outside the State, or
 
15 otherwise furnishes any over the counter drug product containing
 
16 pseudoephedrine, norpseudoephedrine, phenylpropanolamine, or an
 
17 ephedrine combination product that is below the cumulative
 
18 threshold of one kilogram for multiple transactions in a month to
 
19 a retail distributor.
 
20      (c)  The administrator, upon finding that the continuation
 
21 of an exemption would not be in the public interest, may suspend
 
22 or revoke a person's exemption pursuant to procedures set forth
 
23 in rules.  In considering the revocation or suspension of a
 

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

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

 
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 1           without a permit shall be [fined not more than $5,000,
 
 2           or imprisoned not more than thirty days, or both;]
 
 3           guilty of a misdemeanor; and
 
 4      (2)  Any manufacturer, wholesaler, retailer, or other person
 
 5           who has previously been convicted of violating section
 
 6           329-67(a), upon a subsequent conviction thereof shall
 
 7           be [fined not more than $100,000, or imprisoned not
 
 8           more than one year, or both.] guilty of a class C
 
 9           felony."
 
10      SECTION 13.  Statutory material to be repealed is bracketed,
 
11 except bracketed material contained within the name of a
 
12 substance listed in section 2 of this Act is not to be repealed.
 
13 New statutory material is underscored.
 
14      SECTION 14.  This Act shall take effect upon its approval.
 

 
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