REPORT TITLE:
Controlled Substances

DESCRIPTION:
Amends Hawaii's Uniform Controlled Substances Act to conform to
changes in federal and State law. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1160
THE SENATE                              S.B. NO.           S.D. 2
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" 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;
 
20      (5)  3,4-methylenedioxymethamphetamine (MDMA);
 

 
Page 2                                                     1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 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;
 

 
Page 3                                                     1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 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);
 
 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           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
 

 
Page 4                                                     1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 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] shall be kept separate
 
23           from clinic stock and cannot be accessed by other
 

 
Page 5                                                     1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 6                                                     1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 7                                                     1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 8                                                     1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 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.
 

 
Page 9                                                     1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 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, or V may
 
 5 be 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
 

 
Page 10                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 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
 
10 issued 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 full name and address of the patient; and
 
15           (B)  The name, address, telephone number, and
 
16                registration number of the practitioner.
 
17           The controlled substance prescriptions shall be no
 
18           larger than 4-1/2 inches by 6-1/2 inches and no smaller
 
19           than 4 inches by 5 inches.
 
20           A practitioner may sign a prescription in the same
 
21           manner as the practitioner would sign a check or legal
 
22           document (e.g., J.H. Smith or John H. Smith) and shall
 
23           use both words and figures (e.g., alphabetically and
 

 
Page 11                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 12                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 13                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1           Each prescription shall have the name of the officer
 
 2           stamped, typed, or handprinted on it, as well as the
 
 3           signature of the officer."
 
 4      SECTION 5.  Section 329-59, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]329-59[]]  Controlled substance registration revolving
 
 7 fund; established.(a)  There is established within the state
 
 8 treasury the controlled substance registration revolving fund.
 
 9 The fund shall be expended at the discretion of the director of
 
10 public safety for the purpose of:
 
11      (1)  Offsetting the cost of the electronic prescription
 
12           accountability system and the registration and control
 
13           of the manufacture, distribution, prescription, and
 
14           dispensation of controlled substances and regulated
 
15           chemicals listed under section 329-61, within the
 
16           State; and
 
17      (2)  Funding positions authorized by the legislature by law.
 
18      (b)  The fund shall consist of all moneys derived from fees
 
19 collected pursuant to [section] sections 329-31 and 329-67 and
 
20 legislative appropriations.  All fees collected pursuant to
 
21 [section] sections 329-31 and 329-67 shall be deposited in the
 
22 controlled substance registration revolving fund."
 
23      SECTION 6.  Part VI of chapter 329, Hawaii Revised Statutes,
 

 
Page 14                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 15                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 16                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 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;
 
19     (10)  Methyl Isobutyl Ketone (MIBK)."
 
20      SECTION 8.  Section 329-65, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "329-65  Penalty.(a)  Any manufacturer, wholesaler,
 
23 retailer, or other person who does not submit a report as
 

 
Page 17                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 18                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 19                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

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

 
Page 20                                                    1160
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 except bracketed material contained within the name of a
 
 2 substance listed in section 329-14(d)(28), Hawaii Revised
 
 3 Statutes, in section 2 of this Act is not to be repealed.  New
 
 4 statutory material is underscored.
 
 5      SECTION 13.  This Act shall take effect upon its approval.