§328-17.6 Out-of-state prescriptions. (a) An out-of-state practitioner may issue a written, oral, or electronic prescription within the confines of the practitioner's license and in accordance with Hawaii laws and rules. An oral or electronic prescription shall be issued by the out-of-state practitioner or the prescriber's authorized agent and received only by a pharmacist; provided that a medical oxygen order may be received by a medical oxygen distributor.
(b) An out-of-state pharmacy may transfer prescription information for refilling purposes and an out-of-state medical oxygen distributor may transfer prescription information for the purpose of refilling a medical oxygen order.
(c) Any pharmacist or medical oxygen distributor who fills or refills a prescription from an out-of-state practitioner shall:
(1) Note the following on the prescription record: the out-of-state practitioner's full name, address, and telephone number;
(2) Be responsible for validating and verifying the practitioner's prescriptive authority by virtue of a valid out-of-state license, a Drug Enforcement Administration registration number, or other measures as appropriate; and
(3) Except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, demand proper identification from the person whose name appears on the prescription prior to filling the prescription, in addition to complying with any identification procedures established by the department for filling and refilling an out-of-state prescription.
(d) Before refilling a transferred out-of-state prescription, a pharmacist or medical oxygen distributor shall:
(1) Except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, advise the person whose name appears on the prescription that the prescription on file at the originating out-of-state pharmacy or medical oxygen distributor may be canceled; and
(2) Record all information required to be on a prescription, including:
(A) The date of issuance of the original prescription;
(B) The number of refills authorized on the original prescription;
(C) The date the original prescription was dispensed;
(D) The number of valid refills remaining and the date of the last refill;
(E) The out-of-state pharmacy's or out-of-state medical oxygen distributor's name, telephone number, and address, and the original prescription number or control number from which the prescription information was transferred; and
(F) The name of the transferor pharmacist or the medical oxygen distributor's agent.
(e) A pharmacist or medical oxygen distributor who fills or refills an out-of-state prescription shall be responsible if the prescription is not written in the form prescribed by Hawaii laws and rules.
(f) An out-of-state prescription record shall state the date of filling or refilling and, except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, the local address of the person whose name appears on the prescription.
(g) All transferred prescriptions shall be maintained for a period of five years from the date of filling or refilling. Filled out-of-state prescriptions shall be kept on file for five years. The department may establish additional recordkeeping and reporting procedures for filled and refilled out-of-state prescriptions.
(h) Nothing in this section shall be construed to relieve any person from any requirement, prescribed by or under authority of law with respect to drugs now included or that may hereafter be included within the classifications of controlled substances as defined in the applicable federal and state laws relating to controlled substances including but not limited to chapter 329. [L 1992, c 177, pt of §1; am L 1993, c 69, §1; am L 1994, c 79, §1; am L 2000, c 83, §4; am L 2001, c 124, §4; am L 2003, c 56, §3; am L 2013, c 250, §5; am L 2018, c 154, §5]