Bill Text: HI SB40 | 2011 | Regular Session | Introduced
Bill Title: Pseudoephedrine; Tracking
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Vetoed) 2011-07-12 - (S) Vetoed on 07-12-11 - Returned from the Governor without approval (Gov. Msg. No. 1347). [SB40 Detail]
Download: Hawaii-2011-SB40-Introduced.html
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THE SENATE |
S.B. NO. |
40 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to pseudoephedrine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Stimulants. Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substance listed in schedule II, and any other drug of the quantitative composition or which is the same except that it contains a lesser quantity of controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Mazindol;
(6) Phendimetrazine[.]; and
(7) Pseudoephedrine."
SECTION 2. Section 329-64, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The requirements imposed by sections 329-62 and 329‑63(a) of this part shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;
(2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to patients; and
(3) Any manufacturer or wholesaler licensed by the
State who sells, transfers, or otherwise furnishes a substance to a licensed
pharmacy, physician, dentist, podiatrist, or veterinarian[; and
(4) Any sale, transfer, furnishing, or
receipt of any drug that contains pseudoephedrine or norpseudoephedrine that is
lawfully sold, transferred, or furnished over the counter without a
prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 United
States Code section 301 et seq.) or regulations adopted thereunder as long as
it complies with the requirements of sections 329-73, 329-74, and 329-75]."
SECTION 3. Section 329-73, Hawaii Revised Statutes, is repealed.
["[§329-73] Pseudoephedrine
permit. (a) Beginning January 1, 2006, any person transporting by
any means more than three packages of any product the sale of which is
restricted by section 329-75 shall obtain a pseudoephedrine permit.
(b) The requirements imposed by
[subsection] (a)] shall not apply to persons registered with the department
under section 329-67. A pseudoephedrine permit shall be issued by the
department in a form and manner as prescribed by the department by rule. A
pseudoephedrine permit shall be valid for one year and renewable annually."]
SECTION 4. Section 329-74, Hawaii Revised Statutes, is repealed.
["[§329-74] Unlawful transport of
pseudoephedrine. (a) A person commits the offense of unlawful
transport of pseudoephedrine if the person transports more than three packages
of any product the sale of which is restricted by section 329‑75 without
a permit issued from the department.
(b) For purposes of this section,
"transportation" means the transfer of a pseudoephedrine product by a
person other than a wholesaler, distributor, or retailer of such product authorized
to conduct business as such by the State.
(c) Unlawful transport of pseudoephedrine
is a misdemeanor."]
SECTION 5. Section 329-75, Hawaii Revised Statutes, is repealed.
["§329-75 Sales of products,
mixtures, or preparations containing pseudoephedrine; reporting requirement for
wholesalers. (a) Notwithstanding any other law to the
contrary, a pharmacy or retailer may sell or distribute to a person without a
prescription not more than 3.6 grams per day, without regard to the number of
transactions, of any product, mixture, or preparation containing any detectable
quantity of pseudoephedrine, its salts, optical isomers, or salts of optical
isomers as the only active ingredient or in combination with other active
ingredients; provided that the pharmacy or retailer shall comply with the
following conditions:
(1) The product, mixture, or preparation
shall be sold or distributed from an area not accessible by customers or the
general public, such as behind the counter or in a locked display case and
where the seller delivers the product directly into the custody of the
purchaser;
(2) Any person purchasing or otherwise
acquiring any product, mixture, or preparation shall produce proper identification
containing the photograph, date of birth, printed name, signature, and address
of the individual obtaining the substance;
(3) The pharmacy or retailer shall record,
in an electronic log on software provided by the narcotics enforcement division
of the department and approved by the administrator:
(A) The date of any transaction
under paragraph (2);
(B) The name, address, and date of
birth of the person;
(C) The type of identification
provided by the individual obtaining the substance;
(D) The agency issuing the
identification used; and
(E) The name of the compound,
mixture, or preparation, and the amount; and
(4) The pharmacy or retailer shall:
(A) Record the information required
under paragraph (3) on an electronic worksheet on software provided by the
narcotics enforcement division of the department; and
(B) Electronically mail the
worksheet record to the narcotics enforcement division once a month.
The information shall be retained by the
pharmacy or retailer for a period of two years. The electronic log shall be
capable of being checked for compliance against all state and federal laws,
including interfacing with other states to ensure comprehensive compliance, and
shall be subject to random and warrantless inspection by county or state law
enforcement officers.
(b) No person shall knowingly purchase,
possess, receive, or otherwise acquire more than nine grams of any product,
mixture, or preparation containing any detectable quantity of pseudoephedrine
or its salts, isomers, or salts of optical isomers within a thirty-day period,
except that this limit shall not apply to any quantity of such product,
mixture, or preparation dispensed pursuant to a valid prescription.
(c) Any person who violates subsection (b)
is guilty of a class C felony.
(d) The department, by rule, may exempt
other products from this section, if the administrator finds that the products
are not used in the illegal manufacture of methamphetamine or other controlled
substances. A manufacturer of a drug product may apply for removal of the
product from this section if the product is determined by the administrator to
have been formulated in such a way as to effectively prevent the conversion of
the active ingredient into methamphetamine.
(e) Notwithstanding any other provision of
this chapter to the contrary, every wholesaler shall report to the
administrator all sales made to any retailer, of any product, mixture, or
preparation containing any detectable quantity of pseudoephedrine, its salts,
optical isomers, or salts of optical isomers, as the only active ingredient or
in combination with other active ingredients. The department shall provide a
common reporting form that contains at least the following information about
the product, mixture, or preparation:
(1) Generic or other name;
(2) Quantity sold;
(3) Date of sale;
(4) Name and address of the wholesaler; and
(5) Name and address of the retailer.
(f) Intentional or knowing failure of a
retailer or pharmacy to transmit any information as required by this section
shall be a misdemeanor and shall result in the immediate suspension of that
retailer's ability to sell any product, mixture, or preparation containing any
detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of
optical isomers as the only active ingredient or in combination with other
active ingredients until authorized by the administrator."]
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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, 2011.
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INTRODUCED BY: |
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Report Title:
Pseudoephedrine; Prescription Drugs
Description:
Reclassifies pseudoephedrine as a schedule III drug which may only be dispensed with a prescription; makes conforming amendments.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
