STAND. COM. REP. NO. 1041

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 440
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
440, H.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO CONTROLLED SUBSTANCES,"

begs leave to report as follows:

     The purpose of this bill is to allow the administrator of
the Narcotics Enforcement Division of the Department of Public
Safety to share information from the electronic prescription
accountability system with practitioners who dispense controlled
substances, and to appropriate funds from the Controlled
Substance Registration Revolving Fund to carry out the purposes
of the bill.

     Your Committee finds that abuse of prescription medications
containing controlled substances is an increasing problem in
Hawaii.  Your Committee further finds that allowing the Narcotics
Enforcement Division to share prescription information with
practitioners, while providing adequate safeguards for patient
privacy, will assist in better evaluation and assessment of
patients who are visiting multiple practitioners to obtain
controlled substances.

     Testimony in support of this measure was submitted by the
Department of Public Safety, the Hawaii Medical Association, and
Longs Drug Stores.  Testimony expressing concerns about this
measure was submitted by the Office of the Public Defender.


 
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                                   STAND. COM. REP. NO. 1041
                                   Page 2


     Upon further consideration, your Committee has amended this
measure by:

     (1)  Amending the description of who may receive information
          to include only controlled substance registrants who
          are dentists, physicians, doctors of osteopathy, and
          podiatrists;

     (2)  Limiting the permitted disclosure to information about
          the registrant's own patient;

     (3)  Requiring that information be transmitted by certified
          mail or similar means;

     (4)  Authorizing the expenditure of $50,862 from the
          controlled substance registration revolving fund, to
          carry out the purposes of the bill; and

     (5)  Making a technical, non-substantive change for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
440, H.D. 2, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 440, H.D.
2, S.D. 1, and be referred to the Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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