§461-1 Definitions. For the purposes of this chapter:
"Advanced practice registered nurse" means a person licensed pursuant to section 457-8.5 and granted prescriptive authority pursuant to section 457-8.6.
"Auxiliary pharmacy personnel" means a person who works in a pharmacy assisting a registered pharmacist or registered pharmacy technician and who may perform the following:
"Board" means the board of pharmacy of the State except where another meaning is clearly manifested by the context.
"Caregiver" means an individual who has an established personal or professional relationship with the individual at risk for an opioid overdose.
"CLIA-waived tests" means any test that is classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. 263a).
"Continuing education courses" means courses approved by the Accreditation Council for Pharmacy Education.
"Contraceptive supplies" means all United States Food and Drug Administration-approved self-administered hormonal contraceptives.
"Cosmetics", which includes "soap", "dentifrice", and "toilet article", means:
"Credit hour", except as otherwise provided, means the value assigned to sixty minutes of instruction.
"Director" means the director of commerce and consumer affairs.
"Drug" means:
"Emergency contraception" means a drug that:
"Encumbered license" means a license issued by any state or territory of the United States for the practice of pharmacy which is revoked, suspended, or made probationary or conditional by the licensing or registering authority in the respective jurisdiction as a result of disciplinary action.
"End-user's external accessible device" means a commercially available computer, mobile phone, or other communications device that is able to receive electronic information transmitted from an external source and provide the electronic information in a form and format accessible to the individual.
"Family member" means an individual who can provide assistance and is related to the individual at risk for an opioid overdose.
"Institutional facility" means an organization or facility whose primary purpose is to provide a physical environment for patients to obtain health care services or at-home care services, and that uses the services of an on-site pharmacy, an off-site pharmacy, or a pharmacist contractor at which medication storage is managed by personnel of the facility. "Institutional facility" includes but is not limited to a:
"Licensed physician" means a physician or osteopathic physician licensed by the Hawaii medical board pursuant to chapter 453.
"Medical oxygen" means the prescription drug oxygen.
"Medical oxygen distributor" means any person, including a prescription drug wholesale distributor, who distributes or dispenses medical oxygen pursuant to a prescription.
"Pharmacy" means every store, shop, or place:
The term "pharmacy" shall not include any medical oxygen distributor.
"Practice of pharmacy" means:
"Practitioner" means an individual licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the person's practice.
"Prescription" means an order or formula issued by a practitioner licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the practitioner's practice, for the compounding or dispensing of drugs or an order or formula issued by an out-of-state practitioner in compliance with chapter 328.
"Prescription drug" means any drug dispensed, distributed, or sold pursuant to a practitioner's order.
"Prescription drug reader" means a dedicated electronic device that is able to obtain information from an electronic label affixed to a container of prescription drugs and provide the information in an audio format accessible to the individual.
"Registered pharmacist" means a person licensed under this chapter to practice in a pharmacy except where another meaning is clearly manifested by the context.
"Registered pharmacy technician" means a person, exclusive of pharmacy interns and auxiliary pharmacy personnel, with a certificate of registration issued by the board pursuant to section 461-9.5, who may, in addition to the tasks of an auxiliary pharmacy personnel, perform filling, packaging, manipulative, repetitive, or other nondiscretionary tasks, and tasks specified in section 461-11.4, only while assisting and while under the supervision and control of a registered pharmacist.
"Remote dispensing machine" means a device used for dispensing unit-of-use drugs that is operated using information technologies and is located in a remote dispensing pharmacy.
"Remote dispensing pharmacy" means the area in an institutional facility, including a federally qualified health center that provides outpatient medical care in any county, where prescription drugs are dispensed through the use of a remote dispensing machine.
"Supervision" means the direction and oversight of a registered pharmacy technician or pharmacy intern by a responsible registered pharmacist at all times when the registered pharmacy technician or pharmacy intern performs acts specified in this chapter or rules adopted pursuant to this chapter.
"Territory" means Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, or American Samoa.
"Unit of use container" means one that contains a specific quantity of a drug product and that is intended to be dispensed as such without further modification except for the addition of appropriate labeling. A unit of use container is labeled as such. [L 1949, c 175, pt of §1; RL 1955, §71-1; am L 1964, c 15, §4; HRS §461-1; am L 1986, c 143, §4; am L 1987, c 188, §1; am L 1995, c 34, §1; am L 1996, c 202, §11; am L 1997, c 214, §8; am L 2000, c 83, §6; am L 2002, c 256, §2; am L 2003, c 201, §2; am L 2004, c 165, §2, c 190, §§6, 11 and c 239, §1; am L 2008, c 9, §3 and c 212, §§3, 7; am L 2009, c 11, §62 and c 96, §3; am L 2010, c 50, §2 and c 51, §2; am L 2011, c 220, §12; am L 2012, c 24, §2 and c 42, §3; am L 2013, c 184, §2; am L 2015, c 36, §1; am L 2016, c 68, §3 and c 183, §9; am L 2017, c 67, §5 and c 68, §2; am L 2018, c 154 §3 and c 197, §5; am L 2022, c 293, §12; am L 2023, c 103, §3 and c 256, §3; am L 2024, c 104, §2; am L 2025, c 93, §2]