Bill Text: HI SB175 | 2011 | Regular Session | Amended
Bill Title: Medical Use of Marijuana
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2011-03-10 - (H) Referred to PBM/HLT, FIN, referral sheet 33 [SB175 Detail]
Download: Hawaii-2011-SB175-Amended.html
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THE SENATE |
S.B. NO. |
175 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "written certification" to read as follows:
""Written certification" means
the qualifying patient's medical records or a statement signed by a qualifying
patient's physician, stating that in the physician's professional opinion, the
qualifying patient has a debilitating medical condition and the potential
benefits of the medical use of marijuana would likely outweigh the health risks
for the qualifying patient. The department of [public safety] health
may require, through its rulemaking authority, that all written certifications
comply with a designated form. "Written certifications" are valid
for only one year from the time of signing."
SECTION 2. Section 329-123, Hawaii Revised Statutes, is amended to read as follows:
"[[]§329-123[]]
Registration requirements. (a) Physicians who issue written
certifications shall register the names, addresses, patient identification
numbers, and other identifying information of the patients issued written
certifications with the department of [public safety.] health.
(b) Qualifying patients shall register with
the department of [public safety. Such] health. The
registration shall be effective until the expiration of the certificate issued
by the physician. Every qualifying patient shall provide sufficient
identifying information to establish personal identity of the qualifying
patient and the primary caregiver. Qualifying patients shall report changes in
information within five working days. Every qualifying patient shall have only
one primary caregiver at any given time. The department of health shall
then issue to the qualifying patient a registration certificate, and may charge
a reasonable fee not to exceed $25.
(c) Primary caregivers shall register with the
department of [public safety.] health. Every primary caregiver
shall be responsible for the care of only one qualifying patient at any given
time.
(d) Upon an inquiry by a law enforcement
agency, the department of [public safety] health shall verify
whether the particular qualifying patient has registered with the department of
health and may provide reasonable access to the registry information for
official law enforcement purposes."
SECTION 3. The department of public safety shall facilitate the transfer of functions pursuant to this Act by collaborating with, cooperating with, and assisting the department of health with assuming jurisdiction of and responsibility for the medical marijuana program as contained in this Act.
In order to facilitate the transfer of functions pursuant to this Act, until all relevant records are transferred to the department of health, the duties of the department of public safety shall include but not be limited to maintaining a confirmation service of the registration and certification of physicians, qualifying patients, and primary caregivers, pursuant to section 329-123, Hawaii Revised Statutes, that is full time, operating twenty-four hours per day and seven days per week, and is accessible to the department of health.
SECTION 4. All rights, powers, functions, and duties of the department of public safety relating to the medical use of marijuana under chapter 329, part IX, Hawaii Revised Statutes, are transferred to the department of health.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
All employees who occupy civil service positions and whose functions are transferred to the department of health by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority, retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; and provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act, may continue to retain the employee's exempt status, but shall not be appointed to a civil service position because of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, any vacation and sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employee possesses legal and public employment requirements for the position to which the employee is transferred or appointed, as applicable; and provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of health may prescribe the duties and qualifications of such employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of public safety relating to the functions transferred to the department of health shall be transferred with the functions to which they relate.
SECTION 6. All designated forms for written certifications issued by the department of public safety shall be valid under the department of health until the department of health issues new designated forms.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
Report Title:
Medical Use of Marijuana
Description:
Transfers departmental jurisdiction of the medical marijuana laws from the department of public safety (DPS) to the department of health (DOH) and requires DPS to assist with the transfer. To facilitate the transfer, requires the DPS to continue to maintain a verification service to confirm registration that is accessible 24/7 to the DOH. Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
