Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1193
                                     H.D. 1

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 1193 entitled: 


begs leave to report as follows:

     The purpose of this bill is to make several amendments to
Hawaii's Uniform Controlled Substance Act to be consistent with
changes in federal and state law.

     Testimony in support of the measure was received from the
Department of Public Safety, the Honolulu Police Department, the
Dietary Supplement Safety and Science Coalition, the Pharmacy
Association of Hawaii, Inc., and Longs Drugs.  Testimony in
opposition to this bill was received from the Nonprescription
Drug Manufactures Association and the Legislative Information
Services of Hawaii, Inc.  Additional testimony was received from
the Office of the Public Defender, the Hawaii Nurses'
Association, and the Hawaii Medical Association.

     Your Committee finds that:

     (1)  There is a need to standardize the size of all
          controlled substance prescriptions.  Currently,
          schedule II controlled substance prescription forms are
          restricted to a size no larger than four and one-half
          inches by six and one-half inches while other
          controlled substance prescription forms vary in size.
          The varying sizes of prescription forms makes it

                                 STAND. COM. REP. NO. 684
                                 Page 2

          difficult for pharmacies to adequately file and store
          these prescriptions which must be kept for a period of
          five years;

     (2)  Problem exists when interns, residents, or foreign-
          trained physicians or physicians on the staff of a
          Department of Veterans Affairs facility prescribe
          controlled substances to be filled outside of the
          hospital or institution at which the person is
          employed.  Presently, these individuals are allowed to
          prescribe controlled substances using the controlled
          substance registration number of the hospital or
          institution.  However, retail pharmacies have
          difficulty verifying that the person writing the
          prescription is authorized to do so.  Your Committee
          believes that this measure will assist in preventing
          the diversion of controlled substances by persons
          posing as interns, residents, or other authorized
          persons; and

     (3)  Physicians have difficulty when reconciling ethical
          concerns for confidentiality with public safety and
          legal considerations regarding the disclosure of abuses
          of controlled substances.  This measure clarifies that
          information communicated to a physician in an effort to
          unlawfully procure a controlled substance is not a
          privileged communication.

     With respect to the scheduling of controlled substances,
your Committee finds that:

     (1)  The chemicals Red Phosphorus, Iodine Crystals, and
          Gamma Butyrolactone should be added as "List 1
          Chemicals" since their use in the manufacture of
          Crystal Methamphetamine and Gamma Hydroxybutyrate has
          significantly increased in this State; and

     (2)  A new schedule for "List 2 Chemicals" should be added
          to be consistent with federal law.

     Lastly, your Committee believes that the additional elements
of this measure are necessary for consistency with federal law
and for general housekeeping purposes.

     Your Committee has amended this bill by:

     (1)  Deleting the definitions of mid-level practitioner and
          supervising physician;

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                                 Page 3

     (2)  Deleting language to make it unlawful to knowingly or
          intentionally furnish false information to a physician
          or pharmacy for the purpose of illegally obtaining a
          controlled substance, since this is already provided
          for in existing law;

     (3)  Deleting the disclosure requirement with respect to
          prescriptions received from multiple practitioners;

     (4)  Adding a requirement that persons who sell or otherwise
          transfer into the state encapsulating or tableting
          machines keep records of each transaction for a period
          of two years; and

     (5)  Clarifying that reporting requirements do not apply to
          manufacturers, wholesalers, retailers, or other persons
          who sell or transfer into the State any over-the-
          counter drug product containing pseudoephedrine,
          norpseudoephedrine, phenylpropanolamine, or an
          ephedrine combination product below the cumulative
          threshold of one kilogram. 

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 1193, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
1193, H.D. 1, and be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,

                                   PAUL T. OSHIRO, Chair