§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 filling or 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:
(d) Before filling or refilling a transferred out-of-state prescription, or before refilling medical oxygen, a pharmacist or medical oxygen distributor shall:
(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; am L 2024, c 96, §2]