STAND. COM. REP. NO.1493

Honolulu, Hawaii

, 2001

RE: H.B. No. 644

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 644, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PRESCRIPTION DRUGS,"

begs leave to report as follows:

The purpose of this measure is to authorize the electronic transmission and recordkeeping of prescription information, exempt donors of pharmaceuticals from civil liability, and repeal guidelines regarding the return of prescription drugs.

Your Committee received testimony in support of this measure from the Department of Health, Hawaii Pharmacists Association, Hawaii Medical Service Association, and Kaiser Permanente.

Your Committee finds that prescription medication errors kill up to seven thousand Americans each year and that electronic prescribing can help to reduce medication errors caused by illegibly written prescriptions. Electronic prescribing systems also reduce delays in filling and refilling prescriptions, reduce paperwork, and allow physicians to access patient medication records and drug formulary information.

Your Committee further finds that this measure will encourage the donation of surplus pharmaceuticals and health care supplies to the needy by providing immunity from liability for pharmacies, wholesale prescription drug distributors, pharmaceutical companies and practitioners who donate these items. While your Committee supports the laudable goal of making medication accessible to the needy, your Committee notes its concern that a record of donations be maintained and available to law enforcement.

Finally, this measure repeals requirements relating to the return of pharmaceuticals to pharmacies since the law, while well intentioned, has proved unworkable, and because the handling and dispensing of drugs is already governed by chapter 328, Hawaii Revised Statutes.

Your Committee has amended this measure by inserting an effective date of July 1, 2050, to ensure further discussion and by making technical, nonsubstantive amendments

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 644, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 644, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,

____________________________

RON MENOR, Chair