Title 25, Professions And Occupations

§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 ass…

§461-10 Pharmacies. Any proprietor or manager of a pharmacy who fails or neglects to place a registered pharmacist in charge thereof or who permits the compounding of prescriptions, or the vending of drugs, except by or under the immediate supervision of a registered pharmacist, …

[§461-10.2] Return for disposal of unused, remaining, or expired drugs; pharmacy options. (a) No pharmacy shall accept the return of any prescription drug unless: (b) No prescription drug returned to the pharmacy for disposal shall be redispensed or returned for cash or credit. (…

§461-11 Duties of registered pharmacist. Every registered pharmacist in charge of a pharmacy shall comply with all laws and rules. The pharmacist shall be responsible for the management of the pharmacy and every activity thereof which is subject to this chapter shall be under the…

[§461-11.2] CLIA-waived tests; authority; permitting and education requirements; reporting. (a) Unless otherwise authorized by law, a pharmacist shall only exercise the authority granted under paragraph (5) of the definition of "practice of pharmacy" in section 461-1 to order, pe…

§461-11.4 Vaccinations; children. (a) A pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist may administer a vaccine to a person three years of age or older; provided that: (b) After the vaccination is administere…

[§461-11.6] Contraceptive supplies; authority to prescribe and dispense; requirements. (a) A pharmacist may prescribe and dispense contraceptive supplies to a patient regardless of whether the patient has evidence of a previous prescription for contraceptive supplies from a licen…

§461-11.8 Opioid antagonist; authority to prescribe and dispense; requirements. (a) A pharmacist may prescribe and dispense an opioid antagonist to an individual who is at risk for an opioid overdose or a family member or caregiver of an individual who is at risk of an opioid ove…

[§461-11.9] Refills without practitioner's authorization during state of emergency. (a) During a declared state of emergency pursuant to section 127A-14, a prescription for persons directly impacted by the emergency may be refilled up to a thirty-day supply without the practition…

§461-12 Adequate equipment. A pharmacy that compounds drugs shall be equipped with adequate pharmaceutical equipment to ensure the proper compounding of prescriptions. The board shall by rules prescribe the minimum of professional and technical equipment and reference materials t…

§461-13 Prescription record. A pharmacy shall keep prescription records of each prescription compounded or dispensed at the pharmacy for a period of not less than five years. The prescription records shall at all times be open to inspection by the board of pharmacy and other law …

[§461-13.5] Pharmacies; prescription drug label information; accessibility. (a) When dispensing a prescription drug to an individual who, as acknowledged by the individual, has difficulty seeing or reading standard printed labels on prescription drug containers, the dispensing ph…

§461-14 Permits for operation of pharmacy. (a) It shall be unlawful for any person to operate, maintain, open, change location, or establish any pharmacy within the State without first having obtained a permit from the board. (b) Application for permits shall be made on a form to…

§461-15 Miscellaneous permits. (a) It shall be unlawful: (b) A person whose application for a permit has been denied may file for an administrative hearing in conformity with chapter 91. [L 1949, c 175, pt of §1; am L 1953, c 76, §2; RL 1955, §71-15; HRS §461-15; am L 1985, c 294…

[§461-15.5] Distribution of dialysate drugs and devices. (a) The license, registration, and permit requirements of this chapter shall not apply to a manufacturer, wholesale distributor, manufacturer engaged in direct distribution to qualified persons, or third-party logistics pro…

§461-16 Fees for permits and licenses; renewal. (a) The board shall collect application, license, and permit fees for each permit to operate a pharmacy or for each license to operate as a wholesale prescription drug distributor and a fee for the issuance of a permit in accordance…

§461-17 Penalties. Any person violating this chapter or the rules duly prescribed by the board of pharmacy shall be fined not more than $500, or imprisoned not more than six months, or both. [L 1949, c 175, pt of §1; RL 1955, §71-17; HRS §461-17; am L 1983, c 23, §6]

§461-18 Right of injunction. The department may, in addition to any other remedies available, apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter. [L 1949, c 175, pt of §1; RL 1955, §71-18; HRS §461-18; am L 1986, c 143, §16]

§461-19 Application of law. This chapter shall not apply to any practitioner legally licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the practitioner's practice when the practitioner is handling drugs in the course …

§461-2 Board of pharmacy; appointment; qualifications. There shall be a board of pharmacy of seven members. Five members of the board shall be graduates of a school or college of pharmacy and shall have been licensed as pharmacists and actively engaged in the practice of pharmacy…

§461-20 Poison law not amended. Nothing in this chapter amends chapter 330. [L 1949, c 175, §2; RL 1955, §71-20; HRS §461-20]

§461-21 Disciplinary action. (a) In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license, registration, or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee, regis…

[§461-21.2] Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an ap…

§461-21.5 Discipline based on action taken by another state or federal agency; conditions; prohibition on practice. (a) Upon receipt of evidence of revocation, suspension, or other disciplinary action against a licensee by another state or federal agency, the board may issue an o…

[§461-22] Cumulative remedies. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 143, §3]

§461-3 Records. The executive secretary, subject to the direction of the board, shall make and keep all records and record books required to be kept by the board and shall furnish the department of health with copies of those records as it requires. [L 1949, c 175, pt of §1; RL 1…

§461-4.5 Powers and duties. (a) In addition to any other powers and duties authorized by law, the board: (b) Nothing in this chapter shall modify or limit any powers of the board or the department of health of this State. [L 1986, c 143, §1; am L 1992, c 196, §4 and c 202, §137; …

§461-5 Registered pharmacists; qualifications for license. (a) Any applicant for a license as a pharmacist shall submit an application on a form prescribed by the board and shall provide evidence to the board that the applicant: (b) Any applicant who is otherwise qualified to app…

§461-6 Examination; license. (a) Every applicant for a license as a pharmacist shall meet all qualifications set by the board including, but not limited to, passing all examinations as prescribed by rules of the board. The board shall determine the passing score for each examinat…

§461-7 Temporary license. (a) A registered pharmacist of any state or territory of the United States who does not have an encumbered license or any pending disciplinary action or unresolved complaints in any state or territory of the United States and who is not eligible for lice…

§461-8 Renewal of licenses; continuing education requirement. (a) All licenses and permits issued by the board, except temporary licenses issued under section 461-7, shall be renewed biennially on or before December 31 of each odd-numbered year. Failure to pay the biennial fee an…

§461-8.5 Reciprocity. (a) Any pharmacist who is registered or licensed under the laws of any state or territory of the United States with qualifications for licensure which equal or exceed those of this State, shall be eligible for licensure; provided that: The board may examine …

[§461-8.6] Wholesale prescription drug distributor license. It shall be unlawful for any person to operate, maintain, open, change location, or establish any wholesale prescription drug distribution business within the State without first having obtained a license from the board.…

§461-9 Pharmacist in charge; pharmacy personnel. (a) A registered pharmacist shall be in personal and immediate charge of the pharmacy and personnel employed in the pharmacy. Temporary absences of the registered pharmacist shall be unlawful except for periods of time and under ci…

[§461-9.5] Registered pharmacy technicians; certificate of registration required. (a) Beginning January 1, 2026, no person shall act as a pharmacy technician without first obtaining a valid certificate of registration issued by the board pursuant to this section. (b) Each certifi…