§329-31.5 Clinics. Registration as a clinic is required when an out-patient medical facility maintains centralized ordering, storage, and record keeping of controlled substances to be administered and/or dispensed to patients. Registration of a clinic requires that:
(1) Each location where controlled substances are stocked be registered by name, location, and designated principal practitioner or affiliated pharmacy. The principal practitioner or affiliated pharmacy shall be responsible for the accurate maintenance of records which document all controlled substances ordered, received, administered, and dispensed within the clinic;
(2) Controlled substances stocked at a clinic under the clinic State of Hawaii and Drug Enforcement Administration registration numbers be administered to clinic patients by licensed or registered health care professionals under the supervision of the treating practitioner;
(3) Controlled substances stocked at a clinic under the clinic State of Hawaii and Drug Enforcement Administration registration numbers be dispensed to clinic patients only by the treating practitioner for emergency and urgent care, when a written prescription would not be practical;
(4) A centralized record signed and dated by the treating practitioner which indicates the patient, controlled substance, date and time of administration and/or dispensing be maintained and stored with the current controlled substance inventory, ordering, and receipt records. These records shall be maintained for five years; and
(5) A clinic practitioner who individually maintains a personal stock of controlled substances does so under the practitioner's individual State and Drug Enforcement Administration registration number. These controlled substances shall be kept separate from clinic stock and cannot be accessed by other practitioners.
The term "affiliated pharmacy" as used in this section means a licensed pharmacy which supplies and monitors the controlled substances stocked in a registered clinic.
The term "clinic" as used in this section means an out-patient medical facility owned and operated by a legal entity that employs individual practitioners for the treatment of patients and which may or may not provide after-hours emergency or urgent care.
The term "principal physician" means the practitioner in a clinic whose signature appears on the clinic's State of Hawaii and Drug Enforcement Administration registrations, and who is responsible for the proper maintenance, storage, and record keeping of the controlled substances ordered and centrally stocked in the clinic using the clinic Drug Enforcement Administration registration number. [L 1991, c 159, §1; am L 1999, c 252, §3]
Case Notes
Mentioned: 732 F. Supp. 2d 1107.
Structure Hawaii Revised Statutes
329. Uniform Controlled Substances Act
329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment.
329-4 Duties of the Hawaii advisory commission on drug abuse and controlled substances.
329-11 Authority to schedule controlled substances.
329-23 Republishing and distribution of schedules.
329-32 Registration requirements.
329-34 Revocation and suspension of registration.
329-36 Records of registrants.
329-38.2 Prescriptions; additional restrictions.
329-38.5 Opioid therapy; informed consent process; requirement for written policies.
329-39.5 Opioid warning label.
329-40 Methadone treatment programs.
329-41 Prohibited acts B--penalties.
329-42 Prohibited acts C--penalties.
329-43 Penalties under other laws.
329-43.5 Prohibited acts related to drug paraphernalia.
329-43.6 Overdose prevention; limited immunity.
329-49 Administrative penalties.
329-51 Powers of enforcement personnel.
329-52 Administrative inspections.
329-54 Cooperative arrangements and confidentiality.
329-56 Burden of proof; liabilities.
329-58 Education and research.
329-59 Controlled substance registration revolving fund; established.
329-61 Substances subject to reporting.
329-63 Person required to keep records and file reports.
329-66 Theft, loss, and discrepancy reports.
329-67 Permit for conduct of business; applications; forms; fees; renewal; violations.
329-68 Protection of records; divulging confidential information prohibited; penalties.
329-71 Requirements when selling specific chemicals.
329-74 Unlawful transport of pseudoephedrine.
329-103 Designated state agency.
329-104 Confidentiality of information; disclosure of information.
329-122 Medical use of cannabis; conditions of use.
329-123 Registration requirements; qualifying patients; primary caregivers.
329-124 Insurance not applicable.
329-125.5 Medical cannabis patient and caregiver protections.
329-126 Protections afforded to a treating physician or advanced practice registered nurse.
329-127 Protection of cannabis and other seized property.
329-128 Fraudulent misrepresentation; penalty.
329-129 Prohibited acts; flammable solvents.
329-130 Authorized sources of medical cannabis.
329-131 Prescription and pharmacy requirements not applicable.