Current through September, 2024
Section 23-200-15 - Prescriptions(a) A prescription for a controlled substance may be issued only by an individual practitioner who is registered by the department of public safety to prescribe controlled substances in the State of Hawaii. All controlled substance prescription forms issued shall be no larger than 4-1/2" x 6-1/2" in size and no smaller than 4" x 5".(b) Any alteration to the patient name, date issued, drug, quantity, strength, or refill section of a controlled substance prescription invalidates the prescription, unless authorized by the administrator.(c) Prescriptions for schedule II controlled substances shall be submitted to the pharmacist in duplicate. The pharmacist shall, within seven days after filling the prescription, forward the duplicate including the pharmacy's NABP number, the NDC number for the dispensed drug, and the patient's identification number to the department, or shall submit all information to the department as prescribed by the department. Requirements for forwarding duplicate schedule II prescriptions, may be waived by the department if the pharmacy is capable of providing the required information electronically in a format approved by the department. The department shall retain the original thereof on file for a period of two years after filling the same. (1) A prescription for schedule II controlled substance written for a patient in a long term'care facility or for a patient with a medical diagnosis documenting a terminal illness may be filled in partial quantities to include individual dosage units in accordance with all regulations stated in section 1306.13(b), Title 21, Code of Federal Regulations.(d) The pharmacist filling the prescription shall properly endorse the prescription at such time and such endorsement shall contain the name of the pharmacy, pharmacist's initials, date filled, and the prescription's serial number.(e) A pharmacist may dispense controlled substances to any individual upon receipt of a prescription, originating from within the state, written with ink or indelible pencil or typewritten, dated and signed on the date when issued by a physician, dentist, podiatrist, or veterinarian and bearing the full name and address of the patient for whom or of the owner of the animal for which the controlled substance is prescribed, the drug, quantity, strength, refill amount and the prescriber's name, address, business phone number and Drug Enforcement Administration registration number. If the prescription is for an animal, it shall state the species of animal for which the controlled substance is prescribed.(f) A practitioner shall keep a record of all controlled substances administered, prescribed and dispensed.(g) Filling and refilling of prescriptions.(1) The refilling of a prescription for a controlled substance listed in schedule II is prohibited;(2) No prescription for a schedule II controlled substance shall be filled later than the third day following the day of issuance;(3) No prescription for a controlled substance listed in schedule III, IV, or V shall be filled or refilled more than three months after the date on which such prescription was issued and no such prescription authorized to be refilled shall be refilled more than two times whichever comes first. Physician authorization and a new prescription number are required after two refills;(4) The date of each refill and identification of the dispensing pharmacist must be noted on the prescription unless the prescription records are stored in a computerized database;(5) Prescription records stored in a computerized database must include the authorized number of refills and the date and dispensing pharmacist for each refill; and(6) No prescription which has been altered in any manner shall be filled or refilled without authorization from the administrator.(h) Emergency dispensing of schedule II controllea' substances. (1) In the case of an emergency, an epidemic, or a sudden unforeseen accident or calamity, an individual practitioner may issue an oral prescription to a pharmacist to dispense schedule II controlled substances, provided that within seven days thereafter the prescription is reduced to writing by the practitioner and filed by the pharmacy;(2) A schedule II controlled substance may be dispensed by a pharmacist upon receiving an oral authorization directly from a prescribing individual practitioner, providing that the amount prescribed and dispensed is limited to the amount adequate to treat the patient only during the emergency period and that within 72 hours thereafter the prescription is reduced to writing by the practitioner and filed by the pharmacy (dispensing beyond the emergency period must be pursuant to a written prescription signed by the prescribing practitioner); and(3) Emergency dispensing of controlled substances shall be in accordance with section 1306-11(d), Title 21 Code of Federal Regulations.[Eff APR 15 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS 55329-36, 329-38; 21 C.F.R. 1306.11(d), 1306.13(b) )