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HB561
HOUSE OF REPRESENTATIVES
H.B. NO.
561
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to pharmacISTS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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Chapter 461, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�461-
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Telepharmacy; limited authorization for
medically underserved patients.
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(a)
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A
registered pharmacist who is under contract with a covered entity may oversee
the filling or receipt of a prescription for sale or distribution via
telehealth by way of an interactive telecommunication system if:
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(1)
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The patient for
whom the medication is prescribed is located at a facility operated by the
covered entity;
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(2)
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The covered
entity obtained a pharmacy license for, or applied for the relocation of a
pharmacy license to, that facility; and
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(3)
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The contracted
pharmacist is not located at that facility.
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(b)
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For purposes of this section:
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"Covered entity" has
the same meaning as defined in section 340B(a)(4) of the Public Health Service
Act (42 United States Code section 256b, et seq.).
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"Interactive
telecommunications system" has the same meaning as defined in title 42
Code of Federal Regulations section 410.78(a).
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"Telehealth" means the
use of telecommunications services, as defined in section 269-1, including
real-time audio and video conferencing-based communication, secure interactive
and non‑interactive web-based communication, and secure asynchronous
information exchange, to transmit patient medical information for the purpose
of delivering enhanced health care services and information while a patient is
at an originating site and the health care provider is at a distant site.
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SECTION
2
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Section 461-9, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
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"(a)
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A registered pharmacist shall be in personal
and immediate charge of the pharmacy and personnel employed in the
pharmacy.
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Temporary absences of the
registered pharmacist shall be unlawful except for periods of time and under
circumstances as authorized under the rules of the board.
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[
During
]
Except as provided in
section 461- , during
any absence of the registered
pharmacist, prescriptions may not be filled, compounded, or received by
telephone and no drugs shall be sold; provided that this shall not preclude the
sale at those times of things that might be sold were the pharmacy a store not
subject to this chapter.
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No person other
than a registered pharmacist or a pharmacy intern under the registered
pharmacist's immediate supervision shall fill or compound prescriptions except
as provided by subsection (c)[
.
]
and section 461- .
"
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SECTION
3.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Telepharmacy;
Pharmacists; Medically Underserved Patients
Description:
Authorizes
a registered pharmacist under contract with a covered entity for purposes of
the federal 340B Drug Pricing Program to supervise via telehealth the filling
or receipt of a prescription in certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.