Reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty
HRS §329-101
in effect329-101. Reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty
(a) A controlled substance electronic prescription accountability system shall be established within six months of June 18, 1996.
(b) The designated state agency shall
determine those schedules of controlled substances, classes of controlled
substances, and specific controlled substances that are purportedly being
misused and abused in the State. As part of the controlled substance
registration process, all practitioners, except veterinarians, and pharmacies
shall be registered with the department to utilize the electronic prescription
accountability system. No identified controlled substances may be dispensed
unless information relevant to the dispensation of the substance is reported
electronically or by means indicated by the designated state agency to the
central repository established under section 329-102, in accordance with rules
adopted by the department.
(c) The information required by this section
shall be transmitted: on an electronic device that is compatible with the
receiving device of the central repository; or by computer diskette, magnetic
tape, or pharmacy universal claim form that meets the specifications provided
in the rules of the designated state agency. The information to be transmitted
under subsection (b) shall include at least the following for each
dispensation:
(1) The patient's name;
(2) The patient's identification number;
(3) The patient's date of birth;
(4) The patient's address;
(5) The eight-digit national drug code number of the
substance dispensed;
(6) The date the prescription was issued;
(7) The date of dispensation;
(8) The quantity and number of refills authorized;
(9) The practitioner's Drug Enforcement
Administration registration number;
(10) The pharmacy's National Association of Boards of
Pharmacy number and location; and
(11) The practitioner's practice specialty and
subspecialties, as determined by the applicable licensure boards.
(d) Under the system:
(1) Information shall be reported in numerical
format, not less than once every seven days, on the filling of prescriptions
for designated controlled substances and the dispensing of drug samples by a
licensed practitioner; and
(2) Each dispenser shall maintain a record of such
filled prescriptions, including all information described in subsection (c),
for a period of five years. Each dispenser shall keep these records available
for inspection and copying by the designated state agency.
(e) The system shall provide for the use of a
central repository in accordance with section 329-102. The operation of the
system shall be overseen by the designated state agency. The system shall
include provisions to protect the confidentiality of information in the system,
in accordance with section 329-104.
(f) Intentional or knowing failure to transmit
any information as required by this section, including a request by the
designated state agency for data corrections, shall be a misdemeanor, may incur
administrative fines, and shall result in the immediate suspension of that
pharmacy or practitioner's ability to dispense controlled substances in the
State until authorized by the administrator.
[L 1996, c 268, pt of §2; am L
1997, c 280, §6; am L 1999, c 252, §13; am L 2001, c 203, §8; am L 2008, c 186,
§7; am L 2010, c 123, §7; am L 2011, c 73, §4; am L 2016, c 55, §3 and c 218,
§16]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0101.htmFetched: 11/10/2026