Hawaii Revised Statutes
329. Uniform Controlled Substances Act
329-40 Methadone treatment programs.

§329-40 Methadone treatment programs. (a) Notwithstanding any other provision of law to the contrary, methadone may be administered or dispensed or both as part of a state-registered and federal Substance Abuse and Mental Health Services Administration approved methadone treatment program by a practitioner who is licensed and registered under state and federal law to administer and dispense methadone for patients or by an agent of the practitioner, supervised by and under the order of the practitioner. The agent must be a pharmacist, registered nurse, or licensed practical nurse. The licensed practitioner shall be responsible for the amounts of methadone administered or dispensed in accordance with Substance Abuse and Mental Health Services Administration regulations and shall record, approve, and countersign all changes in dosage schedules.
(b) Registration of a methadone treatment program requires that:
(1) The methadone treatment program obtain a controlled substance registration from the State of Hawaii and the Drug Enforcement Administration;
(2) The medical director of a methadone treatment program obtain a controlled substance registration from the State of Hawaii and the Drug Enforcement Administration at the location of the program;
(3) Admission to a methadone treatment program be limited to the narcotic-dependent persons as defined in this chapter;
(4) Unless otherwise stated in this chapter, admission to a methadone treatment program be in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8;
(5) All medical orders including initial medication orders, all subsequent medication order changes, all changes in the frequency of take-home medication, and the prescription of additional take-home medication for emergency situations be authorized by a licensed registered physician employed by the program;
(6) Only the medical director or other designated program physician authorize a patient's admission for treatment in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8; and
(7) Take-home doses of methadone be dispensed to patients in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8, but shall not exceed a fourteen-day supply at any given time nor more than the maximum amount of take-homes for Levo-alphacetylmethadol (LAAM/Orlamm) that would allow a patient to be away from the clinic for dosing for more than two weeks unless authorized by the state authority.
The term "methadone treatment program" as used in this section means an organization or a person (including a private physician) that administers or dispenses methadone to a narcotic-dependent person for maintenance or detoxification treatment and who provides the medical and rehabilitative services required by Title 21 Code of Federal Regulations Part 291 or Title 42 Code of Federal Regulations Part 8 and is approved to do so by the State and by the United States Substance Abuse and Mental Health Services Administration, and who holds a controlled substance registration as required by this chapter and the United States Drug Enforcement Administration to use methadone for the treatment of narcotic-dependent persons.
The term "narcotic-dependent person" as used in this section means an individual who physiologically needs heroin or a morphine-like drug to prevent the onset of signs of withdrawal.
The term "state authority" as used in this section means the agency within the State which exercises the responsibility for governing the treatment of narcotic-dependent persons with the narcotic drug methadone. [L 1990, c 46, §1; am L 1991, c 159, §13; am L 2002, c 165, §4]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 19. Health

329. Uniform Controlled Substances Act

329-1 Definitions.

329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment.

329-3 Annual report.

329-4 Duties of the Hawaii advisory commission on drug abuse and controlled substances.

329-11 Authority to schedule controlled substances.

329-12 Nomenclature.

329-13 Schedule I tests.

329-14 Schedule I.

329-15 Schedule II tests.

329-16 Schedule II.

329-17 Schedule III tests.

329-18 Schedule III.

329-19 Schedule IV tests.

329-20 Schedule IV.

329-21 Schedule V tests.

329-22 Schedule V.

329-23 Republishing and distribution of schedules.

329-31 Rules.

329-31.5 Clinics.

329-32 Registration requirements.

329-33 Registration.

329-34 Revocation and suspension of registration.

329-35 Order to show cause.

329-36 Records of registrants.

329-37 Filing requirements.

329-38 Prescriptions.

329-38.2 Prescriptions; additional restrictions.

329-38.5 Opioid therapy; informed consent process; requirement for written policies.

329-39 Labels.

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.

329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs.

329-45 REPEALED.

329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions.

329-49 Administrative penalties.

329-50 Injunctive relief.

329-51 Powers of enforcement personnel.

329-52 Administrative inspections.

329-53 Injunctions.

329-54 Cooperative arrangements and confidentiality.

329-55 Forfeitures.

329-56 Burden of proof; liabilities.

329-57 Judicial review.

329-58 Education and research.

329-59 Controlled substance registration revolving fund; established.

329-61 Substances subject to reporting.

329-62 Proper identification.

329-63 Person required to keep records and file reports.

329-64 Exceptions.

329-65 Penalty.

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.

329-69 Subpoena powers.

329-70 Forfeiture.

329-71 Requirements when selling specific chemicals.

329-72 Rules.

329-73 REPEALED.

329-74 Unlawful transport of pseudoephedrine.

329-75 Sales of products, mixtures, or preparations containing pseudoephedrine; reporting requirement for wholesalers.

329-81 to 91 REPEALED.

329-101 Reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty.

329-102 Central repository.

329-103 Designated state agency.

329-104 Confidentiality of information; disclosure of information.

329-121 Definitions.

329-122 Medical use of cannabis; conditions of use.

329-123 Registration requirements; qualifying patients; primary caregivers.

329-123.5 Registration requirements; qualifying out-of-state patient; caregiver of a qualifying out-of-state patient.

329-124 Insurance not applicable.

329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient.

329-125.5 Medical cannabis patient and caregiver protections.

329-125.6 Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary.

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.