Report Title:

Controlled Substances; DOH Regulation of Prescriptive Authority

 

Description:

Creates controlled substances panel within DOH composed of director of health, dean of UH school of medicine, and administrator of narcotics enforcement division of PSD to regulate prescriptive authority. Exempts licensed doctors and osteopaths.

THE SENATE

S.B. NO.

2089

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to regulation of prescriptive authority over controlled substances.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Prescription drugs, including controlled substances, are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease. Because the effects of prescribed controlled substances can be either positive or negative, the prescribing of such drugs must be tightly controlled.

The prescription, use, or application of prescription drugs, including controlled substances, can conflict with or react to not only other medications being used by an individual, but can react to the makeup of an individual’s chemistry causing reactions that can cause anything ranging from a mild rash to a life-threatening event.

Prescriptive authority over prescription drugs, especially controlled substances, has come into conflict, where health care professionals other than medical physicians are desirous of gaining access to the right to prescribe prescription drugs that are categorized as controlled substances. Health care practitioners, such as pharmacists, psychologists, optometrists, and nurses have requested prescriptive authority, or already have limited authority, to prescribe a variety of controlled substances.

Physicians licensed under chapters 453 and 460, Hawaii Revised Statutes, are authorized to prescribe any and all drugs legally allowed to be prescribed in Hawaii, and have the necessary training to address emergency situations that may arise from reactions, overdoses, or conflicts with body chemistry or other drugs patients may be taking. Physicians are closely monitored and must maintain records of all patients receiving prescriptions involving controlled substances and make such records available to the department of public safety’s narcotics enforcement staff.

The legislature finds that the power to grant prescriptive authority over controlled substances to practitioners other than those who are licensed under chapters 453 and 460, Hawaii Revised Statutes, must reside in a panel of those best-trained and knowledgeable about controlled substances. The purpose of this Act is to authorize the regulation of prescriptive authority over controlled substances for practitioners other than persons licensed under chapters 453 and 460, Hawaii Revised Statutes, under a controlled substances panel within the department of health.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321-   Authority to prescribe controlled substances; panel; rules. (a) There is established within the department of health the controlled substances panel which shall be composed of the following persons or their respective representatives:

(1) Director of health;

(2) Dean of the school of medicine of the University of Hawaii; and

(3) Administrator of the narcotics enforcement division of the department of public safety.

(b) The director of health shall be the chairperson of the panel. The panel shall meet at least once every twelve months and any decision of the panel shall require a majority vote. Members shall serve without compensation but may be paid necessary expenses, including travel expenses, incurred in attending meetings.

(c) Any other law to the contrary notwithstanding, the panel shall have the power to grant or deny authority to prescribe any controlled substance that may be legally prescribed under chapter 329, to any practitioner, as defined in section 329-1; provided that individuals licensed under either chapter 453 or 460 shall not be subject to this section. The panel shall review all:

(1) Existing laws of the State that grant prescriptive authority involving controlled substances to any practitioner, except individuals licensed under either chapter 453 or 460; and

(2) Training requirements regarding the prescription of controlled substances;

to determine their adequacy. The panel may grant authority to prescribe controlled substances as permitted under chapter 329 based upon the adequacy of necessary training required, and the adequacy of maintenance of prescription records within an individual practitioner's respective professional license.

(d) The panel shall adopt rules pursuant to chapter 91 to carry out the purpose of this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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