(a) Except as provided in subsection (b), the transmittal of information under this section shall be made: through an electronic transmitting device that is compatible with the receiving device of the central repository; or by computer diskette, magnetic tape, or other appropriate electronic means that meets the specifications provided by rules of the designated state agency.
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Terms Used In Hawaii Revised Statutes 329-102

  • Administrator: means the administrator of the narcotics enforcement division of the department of law enforcement. See Hawaii Revised Statutes 329-1
  • Central repository: means a central repository established under § 329-102. See Hawaii Revised Statutes 329-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
  • Designated state agency: means the narcotics enforcement division, department of law enforcement. See Hawaii Revised Statutes 329-1
  • Drug: means :

    (1) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
    (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
    (3) Substances (other than food) intended to affect the structure or any function of the body of man or animals; and
    (4) Substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Hawaii Revised Statutes 329-1
  • Electronic prescription: means a prescription that is generated on an electronic prescription application and transmitted as an electronic data file that complies with all applicable requirements of Title Title 21 of the Code of Federal Regulations, Part 1311 and any additional rules adopted by the department

    "Electronic prescription application" means electronic prescription software either as a stand-alone application or as a module in an electronic health record application. See Hawaii Revised Statutes 329-1

  • Identification number: means , with respect to a patient:

    (1) The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number;
    (2) If the patient is a foreign patient, the patient's passport number;
    (3) If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;
    (4) If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or
    (5) If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 329-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Pharmacist: means a person who is licensed or holds a permit under chapter 461 to practice pharmacy, including a pharmacy intern who is under the immediate and direct supervision of a licensed pharmacist. See Hawaii Revised Statutes 329-1
  • Practitioner: means :

    (1) A physician, dentist, veterinarian, scientific investigator, or other person licensed and registered under § 329-32 to distribute, dispense, or conduct research with respect to a controlled substance in the course of professional practice or research in this State;
    (2) An advanced practice registered nurse with prescriptive authority licensed and registered under § 329-32 to prescribe and administer controlled substances in the course of professional practice in this State; and
    (3) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. See Hawaii Revised Statutes 329-1
  • Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
  • State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
  • System: means an electronic prescription accountability system as described in part VIII. See Hawaii Revised Statutes 329-1
(b) The administrator may exempt individual dispensing entities from the electronic information reporting requirements of subsection (a) if:

(1) The imposition of the requirement would result in financial hardship for a particular pharmacy; and
(2) The pharmacy agrees to provide the information to the designated state agency through use of a pharmacy universal claim form.
(c) The administrator, in consultation with the state pharmacist membership organizations and applicable licensure boards, shall develop policies that account for the transmission of data fields in section electronic prescription accountability system; requirements; penalty” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>329-101 that include unintentional data errors. Data errors collected by the designated state agency shall be presumed to be accidental in nature, unless a pattern of transmission errors occurs as determined by the agency.
(d) The system shall provide for the maintenance of information collected in a central repository that meets the following requirements:

(1) The central repository shall be a data processing system maintained by, or under contract with, the designated state agency. The system shall be capable of aggregating and displaying the collected information in formats required by the designated state agency, including reports showing controlled substances by the:

(A) Practitioner‘s name, practice specialty and subspecialties, and identifying number or numbers as specified by the designated state agency, including the practitioner’s Drug Enforcement Administration registration number;
(B) Pharmacy’s name, National Association of Boards of Pharmacy number, and registration number;
(C) Patient’s name, identification number, and date of birth; and
(D) Eight-digit national drug code number, frequency of use, quantity, number of refills, and whether new or refill prescription;
(2) The central repository shall provide the designated state agency with continual, twenty-four hour per day, on-line access to information;
(3) The central repository shall secure the information against access by unauthorized persons and shall be subject to review and oversight by the administrator or the administrator’s designee, to ensure the security of the information and the system;
(4) If the central repository is not operated by the designated state agency, the vendor-repository:

(A) Shall provide information in response to the designated state agency’s inquiries within twenty-four hours and shall provide routine reports on a regular schedule to be specified by the designated state agency; and
(B) Shall not withhold access to the collected information for any reason other than failure of the designated state agency to pay agreed fees and charges for the use of the central repository; and
(5) If the relationship between the designated state agency and the vendor-repository is terminated, the vendor-repository shall provide to the designated state agency within thirty days all collected information, the database maintained by the vendor-repository, and such software as is needed to access the information and the database.
(e) The administrator shall select the most overall cost-effective and efficient computerization system, and automatic data processing services and equipment, to ensure the successful implementation of the system. The administrator may enter into a contract with a vendor to implement the central repository. The repository may include an existing system, such as the State‘s medicaid management information system, or other existing computerization systems and automated data processing services available to the designated state agency.
(f) All prescriptions for controlled substances in schedules II through V and other substances of concern designated by the designated state agency that are processed by an out-of-state pharmacy shall conform to reporting and registration requirements adopted by the State, and to any additional rules the department adopts.

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