THE SENATE

S.B. NO.

190

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the controlled substances act.

 

 

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

 


     SECTION 1.  Section 329-38, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The effectiveness of a prescription for the purposes of this section shall be determined as follows:

     (1)  A prescription for a controlled substance shall be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of the practitioner's professional practice.  The responsibility for the proper prescribing and dispensing of controlled substances shall be upon the prescribing practitioner, but a corresponding responsibility shall rest with the pharmacist who fills the prescription.  An order purporting to be a prescription issued not in the usual course of professional treatment or for legitimate and authorized research shall not be deemed a prescription within the meaning and intent of this section, and the person who knowingly fills such a purported prescription, as well as the person who issues the prescription, shall be subject to the penalties provided for violations of this chapter;

     (2)  A prescription may not be issued to allow an individual practitioner to obtain controlled substances for supplying the individual practitioner for the purpose of general dispensing to patients;

     (3)  A prescription may not be issued for the dispensing of narcotic drugs listed in any schedule for the purpose of "detoxification treatment" or "maintenance treatment" except as follows:

         (A)  The administering or dispensing directly (but not prescribing) of narcotic drugs listed in any schedule to a narcotic drug-dependent person for "detoxification treatment" or "maintenance treatment" shall be deemed to be "in the course of a practitioner's professional practice or research" so long as the practitioner is registered separately with the department and the federal Drug Enforcement [Agency] Administration as required by section 329-32(e) and complies with [Title] title 21 [Code of Federal Regulations] United States Code section 823(g) and any other federal or state regulatory standards relating to treatment qualification, security, records, and unsupervised use of drugs; [and]

         (B)  Nothing in this section shall prohibit a physician or authorized hospital staff from administering or dispensing, but not prescribing, narcotic drugs in a hospital to maintain or detoxify a person as an incidental adjunct to medical or surgical treatment of conditions other than addiction; and

         (C)  An individual practitioner may administer or dispense (including prescribe) any schedule III, IV, or V narcotic drug approved by the United States Food and Drug Administration specifically for use as a "detoxification treatment" or "maintenance treatment" to a narcotic drug-dependent person; provided that the practitioner complies with the requirements of title 21 United States Code section 823(g) and title 21 Code of Federal Regulations section 1301.28;

     (4)  An individual practitioner shall not prescribe or dispense a substance included in schedule II, III, IV, or V for that individual practitioner's personal use, except in a medical emergency; and

     (5)  A pharmacist shall not dispense a substance included in schedule II, III, IV, or V for the pharmacist's personal use."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

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Report Title:

Controlled Substances Act; Prescriptions; Detoxification Treatment; Maintenance Treatment

 

Description:

Amends Hawaii's controlled substances act to mirror federal regulations, which permit qualified practitioners to administer, dispense, and prescribe any schedule III, IV, or V narcotic drug approved by the Food and Drug Administration for use as a detoxification treatment or maintenance treatment; provided the practitioner complies with specific federal requirements.

 

 

 

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