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SB2751
THE SENATE
S.B. NO.
2751
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to workers' compensation
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that workers'
compensation costs and transparency are critical to maintaining fair and predictable
benefits for injured workers while controlling employer expenses.
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The legislature further finds that compounded
prescription drugs can provide essential therapeutic options for injured
workers when commercially available FDA approved medications are unsuitable due
to allergies, dosage requirements, or other clinical needs.
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However, inconsistent definitions have led to
confusion.
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Federal law under section
503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a) establishes
clear standards for pharmacy compounding, including patient specific
prescriptions, quality requirements for bulk substances, and exclusions for
simple reconstitution.
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Aligning state
law with these standards will promote patient safety by ensuring compounded
drugs meet recognized quality benchmarks, enhance regulatory consistency
between state and federal oversight.
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Accordingly,
the purpose of this Act is to align state law with federal standards for
pharmacy compounding by codifying the federal definition of a "compounded
drug", thereby promoting regulatory consistency, supporting patient
safety, and ensuring access to individualized medications when an FDA approved
drug is not medically appropriate for a particular patient.
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This Act incorporates by reference section
503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a) and
clarifying federal guidance.
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SECTION
2
.
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Section 386-21.7, Hawaii Revised Statutes, is
amended by amending subsection (f) to read as follows:
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"(f)
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For purposes of this section[
,
"equivalent
]
:
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"Compounded
prescription drug" means a drug product that is compounded by a licensed
pharmacist in a state licensed pharmacy, or a licensed physician, for an
identified individual patient based on the receipt of a valid prescription
order or a notation, approved by the prescribing practitioner, on the
prescription order that a compounded product is necessary for the identified
patient, and otherwise meets the requirements of
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title 21 United States Code section 353.
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"Equivalent
generic drug product" has the same meaning as provided in section 328-91."
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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 on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Workers'
Compensation; Benefits; Compounded Prescription Drugs
Description:
Defines
compounded prescription drugs for the purposes of workers' compensation law.
The summary description
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not legislation or evidence of legislative intent.