Confidentiality of information; disclosure of information
HRS §329-104
in effect329-104. Confidentiality of information; disclosure of information
(a) The information collected under this part shall not be available to the public or used for any commercial purpose. Ownership of all data collected shall reside with the State.
(b) Responsibility for limiting access to
information in the system is vested in the administrator. Access to the
information collected at the central repository pursuant to this part shall be
confidential, and access to the information shall be limited to personnel of
the designated state agency.
(c) This section shall not prevent the
disclosure, at the discretion of the administrator, of investigative
information to:
(1) Law enforcement officers, investigative agents of
federal, state, or county law enforcement or regulatory agencies, United States
attorneys, county prosecuting attorneys, or the attorney general; provided that
the administrator has reasonable grounds to believe that the disclosure of any
information collected under this part is in furtherance of an ongoing criminal
or regulatory investigation or prosecution;
(2) Registrants authorized under chapters 448, 453,
and 463E who are registered to administer, prescribe, or dispense controlled
substances and their practitioner delegate; provided that the information
disclosed relates only to the registrant's own patient;
(3) Pharmacists or pharmacist delegates, employed by
a pharmacy registered under section 329-32, who request prescription
information about a customer relating to a violation or possible violation of
this chapter;
(4) Other state-authorized governmental
prescription-monitoring programs;
(5) The chief medical examiner or licensed physician
designee who requests information and certifies the request is for the purpose
of investigating the death of an individual;
(6) Qualified personnel for the purpose of bona fide
research or education; provided that data elements that would reasonably
identify a specific recipient, prescriber, or dispenser shall be deleted or
redacted from the information prior to disclosure; provided further that
release of the information may be made only pursuant to a written agreement
between qualified personnel and the administrator in order to ensure compliance
with this subsection;
(7) Other entities or individuals authorized by the
administrator to assist the program with projects that enhance the electronic
prescription accountability system;
(8) Authorized employees of the State of Hawaii
department of health alcohol and drug abuse division and the emergency medical
services and injury prevention system branch; and
(9) The United States Department of Defense health
agency prescription monitoring program.
Information disclosed to a registrant, pharmacist,
or authorized government agency under this section shall be transmitted by a
secure means determined by the designated agency.
(d) No person shall knowingly disclose or
attempt to disclose, or use or attempt to use, information in the system in
violation of this section. Any person who violates this section is guilty of a
class C felony.
(e) The designated state agency shall purge or
cause to be purged from the central repository system, no later than five years
after the date a patient's prescription data are made available to the
designated state agency, the identification number of the patient, unless the
information is part of an active investigation.
[L 1996, c 268, pt of §2; am L
1999, c 145, §1; am L 2001, c 162, §1; am L 2006, c 69, §6; am L 2009, c 11, §42;
am L 2010, c 123, §8; am L 2016, c 218, §17; am L 2019, c 230, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0104.htmFetched: 11/10/2026