REPORT TITLE:
Controlled substances


DESCRIPTION:
Amends Hawaii's uniform controlled substances act to conform to
changes in federal and state law. (SB1160 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
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" includes any synthetic compound, salt,
 
 5 derivative, mixture, or preparation extracted from the plant
 
 6 (genus) 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;
 

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

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

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

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

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

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

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

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

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

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

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

 
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 1                practitioner required by this section.  The
 
 2                service identification number for a Public Health
 
 3                Service employee shall be the employee's Social
 
 4                Security identification number.
 
 5           Each prescription shall have the name of the officer
 
 6           stamped, typed, or handprinted on it, as well as the
 
 7           signature of the officer."
 
 8      SECTION 5.  Section 329-46, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]329-46[]]  Prohibited acts related to visits to more
 
11 than one practitioner to obtain controlled substance
 
12 prescriptions.(a)  It is unlawful for any person knowingly or
 
13 intentionally to visit more than one practitioner and withhold
 
14 information regarding previous practitioner visits for the
 
15 purpose of obtaining one or more controlled substance
 
16 prescriptions for quantities that:
 
17      (1)  Exceed what any single practitioner would have
 
18           prescribed or dispensed for the time period and
 
19           legitimate medical purpose represented; and
 
20      (2)  Would constitute an offense pursuant to part IV of
 
21           chapter 712.
 
22      (b)  Information communicated to a physician in an effort to
 
23 unlawfully procure a controlled substance, or to unlawfully
 

 
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 1 procure the administration, prescribing, or dispensing of any
 
 2 controlled substance shall not be deemed a privileged
 
 3 communication.
 
 4      [(b)] (c)  Any person who violates this section is guilty of
 
 5 a crime which is of the grade and class identical to that imposed
 
 6 under part IV of chapter 712 for the same type and equivalent
 
 7 quantity of controlled substance."
 
 8      SECTION 6.  Section 329-59, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]329-59[]]  Controlled substance registration revolving
 
11 fund; established.(a)  There is established within the state
 
12 treasury the controlled substance registration revolving fund.
 
13 The fund shall be expended at the discretion of the director of
 
14 public safety for the purpose of:
 
15      (1)  Offsetting the cost of the electronic prescription
 
16           accountability system and the registration and control
 
17           of the manufacture, distribution, prescription, and
 
18           dispensation of controlled substances and regulated
 
19           chemicals listed under section 329-61, within the
 
20           State; and
 
21      (2)  Funding positions authorized by the legislature by law.
 
22      (b)  The fund shall consist of all moneys derived from fees
 
23 collected pursuant to [section] sections 329-31 and 329-67 and
 

 
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 1 legislative appropriations.  All fees collected pursuant to
 
 2 [section] sections 329-31 and 329-67 shall be deposited in the
 
 3 controlled substance registration revolving fund."
 
 4      SECTION 7.  Part VI of chapter 329, Hawaii Revised Statutes,
 
 5 is amended by amending the title to read as follows:
 
 6      "PART VI.  [PRECURSORS TO] REGULATED CHEMICALS FOR THE
 
 7               MANUFACTURE OF CONTROLLED SUBSTANCES"
 
 8      SECTION 8.  Section 329-61, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "329-61  Substances subject to reporting.  (a)  List 1
 
11 chemicals.  Any manufacturer, wholesaler, retailer, or other
 
12 person who sells, transfers, or otherwise furnishes any of the
 
13 following substances to any person in this State or for use in
 
14 this State shall submit a report to the department of public
 
15 safety of all those transactions:
 
16      (1)  Phenyl-2-propanone;
 
17      (2)  Methylamine;
 
18      (3)  Phenylacetic acid;
 
19      (4)  Ephedrine;
 
20      (5)  Pseudoephedrine;
 
21      (6)  Norpseudoephedrine;
 
22      (7)  Phenylpropanolamine;
 
23      (8)  Hydriodic acid;
 

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

 
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 1     (32)  Nitroethane[.];
 
 2     (33)  Red phosphorus;
 
 3     (34)  Iodine crystals;
 
 4     (35)  Gamma butyrolactone (GBL).
 
 5      (b)  List 2 chemicals.  Any manufacturer, wholesaler,
 
 6 retailer, or other person who sells, transfers, or otherwise
 
 7 furnishes any extraordinary quantity of any of the following
 
 8 chemicals, or sells, transfers, or otherwise furnishes the
 
 9 chemicals through the use of an uncommon method of payment or
 
10 delivery or under any other circumstances that may make that
 
11 person believe that the following chemicals could be used in
 
12 violation of this part by any person in this State, shall report
 
13 to the department all those transactions of:
 
14      (1)  Acetic anhydride;
 
15      (2)  Acetone;
 
16      (3)  Benzyl chloride;
 
17      (4)  Ethyl ether;
 
18      (5)  Potassium permanganate;
 
19      (6)  2-Butanone (or methyl ethyl ketone or MEK);
 
20      (7)  Toluene;
 
21      (8)  Hydrochloric acid;
 
22      (9)  Sulfuric acid;
 
23     (10)  Methyl isobutyl ketone (MIBK)."
 

 
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 1      SECTION 9.  Section 329-63, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]329-63[]]  [Report of transaction.] Person required to
 
 4 keep records and file reports.  (a)  Any manufacturer,
 
 5 wholesaler, retailer, or other person who sells, transfers,
 
 6 receives, or brings in from outside the State, or otherwise
 
 7 furnishes a substance specified in section 329-61 [for use by a
 
 8 person in this State, not less than twenty-one days prior to
 
 9 delivery of the substance, shall submit a report of the
 
10 transaction, which includes the identification information
 
11 specified in section 329-62 to the department of public safety.
 
12 However, the department of public safety may authorize the
 
13 submission of the reports on a monthly basis with respect to
 
14 repeated, regular transactions between the furnisher and the
 
15 recipient involving the same substance if the department of
 
16 public safety determines that either of the following exist:
 
17      (1)  A pattern of regular supply of the substance exists
 
18           between the manufacturer, wholesaler, retailer, or
 
19           other person who sells, transfers, or otherwise
 
20           furnishes the substance and the recipient of the
 
21           substance; or
 
22      (2)  The recipient has established a record of utilization
 
23           of the substance for lawful purposes.], or an
 

 
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 1           encapsulating or tableting machine shall keep a record
 
 2           of each transaction for a period of two years after the
 
 3           date of transaction.
 
 4      (b)  Any manufacturer, wholesaler, retailer, or other person
 
 5 who sells, transfers, receives, or brings in from outside the
 
 6 State, or otherwise furnishes a substance specified in section
 
 7 329-61, for use by a person in this State shall report to the
 
 8 administrator the following:
 
 9      (1)  Any regulated transaction involving:
 
10           (A)  An above threshold quantity;
 
11           (B)  Any suspicious or out-of-the-ordinary quantity of
 
12                a chemical listed in 329-61;
 
13           (C)  An uncommon method of payment or delivery; or
 
14           (D)  Any other circumstances that the regulated person
 
15                believes may indicate that the regulated chemical
 
16                will be used in violation of this part;
 
17      (2)  Any proposed regulated transaction with a person whose
 
18           description or other identifying characteristics the
 
19           department has previously furnished to the regulated
 
20           person;
 
21      (3)  Any unusual or excessive loss or disappearance of a
 
22           regulated chemical listed under section 329-61 that is
 
23           under the control of the regulated person, to include
 

 
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 1           exempted items.  The regulated person responsible for
 
 2           reporting a loss in-transit is the supplier;
 
 3      (4)  Any regulated transaction of a tableting machine or an
 
 4           encapsulating machine; and
 
 5      (5)  All single entity ephedrine transactions.
 
 6      [(b)] (c)  The department of public safety shall provide a
 
 7 common reporting form for the substances in section 329-61
 
 8 [which] that contains at least the following information:
 
 9      (1)  Name of the substance;
 
10      (2)  Quantity of the substance sold, transferred, or
 
11           furnished;
 
12      (3)  The date the substance was sold, transferred, or
 
13           furnished;
 
14      (4)  The name and address of the person buying or receiving
 
15           the substance; and
 
16      (5)  The name and address of the manufacturer, wholesaler,
 
17           retailer, or other person selling, transferring, or
 
18           furnishing such substance.
 
19      (d)  Each report submitted pursuant to subsection (b) of
 
20 this section shall, whenever possible, be made orally to the
 
21 department at the earliest practicable opportunity after the
 
22 regulated person becomes aware of the circumstances involved and
 

 
 
 
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 1 as much in advance of the conclusion of the transaction as
 
 2 possible.  A written report shall also be submitted to the
 
 3 department following an oral report."
 
 4      SECTION 10.  Section 329-64, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]329-64[]]  Exceptions.  [This] (a)  The requirements
 
 7 imposed by sections 329-62, 329-63, 329-66, and 329-67 of this
 
 8 part shall not apply to any of the following:
 
 9      (1)  Any pharmacist or other authorized person who sells or
 
10           furnishes a substance upon the prescription of a
 
11           physician, dentist, podiatrist, or veterinarian;
 
12      (2)  Any physician, dentist, podiatrist, or veterinarian who
 
13           administers or furnishes a substance to patients;
 
14      (3)  Any manufacturer or wholesaler licensed by the State
 
15           who sells, transfers, or otherwise furnishes a
 
16           substance to a licensed pharmacy, physician, dentist,
 
17           podiatrist, or veterinarian; and
 
18      (4)  Any sale, transfer, furnishing, or receipt of any drug
 
19           which contains ephedrine, pseudoephedrine,
 
20           norpseudoephedrine, or phenylpropanolamine and which is
 
21           lawfully sold, transferred, or furnished over the
 
22           counter without a prescription pursuant to the federal
 
23           Food, Drug, and Cosmetic Act (21 United States Code
 
24           Sec. 301 et seq.) or regulations adopted thereunder.
 

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

 
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 1      (b)  Notwithstanding the exceptions created by subsection
 
 2 (a) of this section, any manufacturer, wholesaler, retailer, or
 
 3 other person who sells, transfers or otherwise distributes in
 
 4 this State any list 1 or list 2 chemical, as defined in section
 
 5 329-61, and who is required to register with the federal Drug
 
 6 Enforcement Administration as a list I chemical distributor under
 
 7 federal law (or who registers as a controlled substance
 
 8 distributor in lieu thereof), shall submit a copy of that
 
 9 registration application to the department of public safety.
 
10 When such application is granted, the distributor shall file a
 
11 copy of the federal Drug Enforcement Administration List I
 
12 Chemical Registration (or Controlled Substance Registration) with
 
13 the department.  The distributor shall also file with the
 
14 department a duplicate copy of any reports required under federal
 
15 law at the same time as such reports are filed with the federal
 
16 Drug Enforcement Administration for any transactions involving
 
17 List I Chemicals that shall be shipped into or otherwise
 
18 transferred or distributed in this State.
 
19      (c)  The exceptions set forth in subsection (a) of this
 
20 section shall not be a defense to any offense as set forth in
 
21 section 329-65 (c) and (d).
 
22      SECTION 11.  Section 329-65, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "329-65  Penalty.(a)  Any manufacturer, wholesaler,
 
 2 retailer, or other person who does not submit a report as
 
 3 required by section 329-63 or who knowingly submits a report with
 
 4 false or fictitious information shall be fined not more than
 
 5 $5,000, or imprisoned not more than thirty days, or both.
 
 6      (b)  Any manufacturer, wholesaler, retailer, or other person
 
 7 who has previously been convicted of violating subsection (a),
 
 8 upon a subsequent conviction thereof, shall be fined not more
 
 9 than $100,000, or imprisoned not more than one year, or both.
 
10      (c)  Any manufacturer, wholesaler, retailer, or other person
 
11 who sells, transfers, or otherwise furnishes any of the
 
12 substances listed in section 329-61 with knowledge or the intent
 
13 that the recipient will use the substance to unlawfully
 
14 manufacture any controlled substance shall be fined not more than
 
15 $100,000, or imprisoned not more than five years, or both.
 
16      (d)  Any manufacturer, wholesaler, retailer, or other person
 
17 who possesses any of the substances listed in section 329-61 with
 
18 the intent to illegally manufacture any controlled substance
 
19 shall be fined not more than $100,000, or imprisoned not more
 
20 than ten years, or both.
 
21      (e)  Any person who possesses, sells, distributes, purchases
 
22 for resale, or causes to be sold, distributed, or purchased for
 
23 resale any ephedrine-containing product with a label that claims
 

 
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 1 or implies that consumption of the product will produce effects
 
 2 such as ecstasy, euphoria, increased sexual sensations,
 
 3 heightened awareness, increased energy, legal "highs", and other
 
 4 similar effects shall be fined not more than $5,000, or
 
 5 imprisoned not more than one year, or both."
 
 6      SECTION 12.  Section 329-67, Hawaii Revised Statutes, is
 
 7 amended by amending subsections (d), (e), and (f) to read as
 
 8 follows:
 
 9      "(d)  Each applicant shall pay at the time of filing an
 
10 application for a permit a fee determined by the department of
 
11 public safety [which shall not exceed the applications processing
 
12 costs.] in accordance with the department's rules.
 
13      (e)  A permit granted pursuant to this part may be renewed
 
14 one year from the date of issuance, and annually thereafter, upon
 
15 the filing of a renewal application and the payment of a permit
 
16 renewal fee [not to exceed the application processing costs.] in
 
17 accordance with the department's rules.
 
18      (f)  (1)  Any manufacturer, wholesaler, retailer, or other
 
19                person who sells, transfers, or otherwise
 
20                furnishes, or receives any substance specified in
 
21                section 329-61 without a permit shall be [fined
 
22                not more than $5,000, or imprisoned not more than
 
23                thirty days, or both;] guilty of a misdemeanor;
 
24                and
 

 
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 1           (2)  Any manufacturer, wholesaler, retailer, or other
 
 2                person who has previously been convicted of
 
 3                violating section 329-67(a), upon a subsequent
 
 4                conviction thereof shall be [fined not more than
 
 5                $100,000, or imprisoned not more than one year, or
 
 6                both.] guilty of a class C felony."
 
 7      SECTION 13.  Section 329-101, Hawaii Revised Statutes is
 
 8 amended by amending subsection (d) to read as follows:
 
 9      "(d)  Under the system:
 
10      (1)  Information shall be reported in numerical format, not
 
11           less than once every seven days, on the filling of
 
12           prescriptions for designated controlled substances and
 
13           the dispensing of drug samples by a licensed
 
14           practitioner; and
 
15      (2)  Each dispenser shall maintain a record of such filled
 
16           prescriptions, including all information described in
 
17           subsection (c), for a period of [two] five years.  Each
 
18           dispenser shall keep these records available for
 
19           inspection and copying by the designated state agency."
 
20      SECTION 14.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 

 
 
 
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 1      SECTION 15.  Statutory material to be repealed is bracketed,
 
 2 except bracketed material contained within the name of a
 
 3 substance listed in section 329-14(d)(28), Hawaii Revised
 
 4 Statutes, in section 2 of this Act is not to be repealed.  New
 
 5 statutory material is underscored.
 
 6      SECTION 16.  This Act shall take effect upon its approval.