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CHAPTER 461
PHARMACISTS AND PHARMACY
SECTION
461-1 Definitions
461-2 Board of pharmacy; appointment; qualifications
461-3 Records
461-4 Repealed
461-4.5 Powers and duties
461-5 Qualifications for license
461-6 Examination; license
461-7 Temporary license
461-8 Renewal of licenses; continuing education requirement
461-8.5 Reciprocity
461-8.6 Wholesale prescription drug distributor license
461-9 Pharmacist in charge; pharmacy personnel
461-10 Pharmacies
461-10.5 Remote dispensing pharmacy; operations
461-11 Duties of registered pharmacist
461-11.5 Repealed
461-12 Adequate equipment
461-13 Prescription record
461-14 Permits for operation of pharmacy
461-15 Miscellaneous permits
461-16 Fees for permits and licenses; renewal
461-16.5 Repealed
461-17 Penalties
461-18 Right of injunction
461-19 Application of law
461-20 Poison law not amended
461-21 Disciplinary action
461-22 Cumulative remedies
461- Influenza vaccinations; children
§461-1 Definitions. For the purposes of this chapter:
"Board" means the board of pharmacy of the State except where another meaning is
clearly manifested by the context.
"Continuing education courses" means courses approved by the Accreditation Council for
Pharmacy Education.
"Cosmetics", which includes "soap", "dentifrice", and "toilet article", means:
(1) Articles intended to be rubbed, poured, or sprinkled on, introduced into, or
otherwise applied to the human body, or any part thereof, for cleansing,
beautifying, or promoting attractiveness; and
(2) Articles intended for use as a component of any such articles.
Amended 0412
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"Credit hours", except as otherwise provided, means the value assigned to sixty minutes
of instruction.
"Director" means the director of commerce and consumer affairs.
"Drug" means:
(1) Articles recognized in the official United States pharmacopoeia, official
homeopathic pharmacopoeia of the United States, or official national formulary,
or any supplement to any of them;
(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in human beings or animals;
(3) Articles (other than food or clothing) intended to affect the structure or any
function of the body of human beings or animals; and
(4) Articles intended for use as a component of any articles specified in paragraph
(1), (2), or (3) above; provided that the term "drug" shall not include devices or
their components, parts, or accessories, cosmetics, or liquor as defined in
section 281-1.
"Emergency contraception" means a drug that:
(1) Is used postcoitally;
(2) Prevents pregnancy by delaying ovulation, preventing fertilization of an egg, or
preventing implantation of an egg in a uterus; and
(3) Is approved by the United States Food and Drug Administration.
"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.
"Institutional facility" [Definition kept per Act 51, SLH 2010, §3.] 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:
(1) Hospital;
(2) Convalescent home;
(3) Skilled nursing facility;
(4) Intermediate care facility;
(5) Extended care facility;
(6) Rehabilitation center;
(7) Health maintenance organization clinic;
(8) Psychiatric center;
(9) Mental retardation center;
(10) Penal institution;
(11) Hospice facility;
(12) Supervised living group; or
(13) Prescribed practitioner's office.
"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.
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"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:
(1) Where prescription drugs are dispensed or sold at retail, or displayed for sale at
retail;
(2) Where practitioners' prescriptions or drug preparations are compounded;
(3) That has upon it, displayed within it, or affixed to or used in connection with it, a
sign bearing the words "pharmacist", "pharmacy", "apothecary", "drug store",
"druggist", "drugs", "medicines", "medicine store", "drug sundries", "remedies",
or any words of similar or like import; or
(4) Where any of the above words or combination of words are used in any
advertisement.
The term "pharmacy" shall not include any medical oxygen distributor.
"Practice of pharmacy" means:
(1) The interpretation and evaluation of prescription orders; the compounding,
dispensing, and labeling of drugs and devices (except labeling by a manufacturer,
packer, or distributor of nonprescription drugs and commercially legend drugs and
devices); the participation in drug selection and drug utilization reviews; the
proper and safe storage of drugs and devices and the maintenance of proper
records therefore; the responsibility for advising when necessary or where
regulated, of therapeutic values, content, hazards, and use of drugs and devices;
(2) Performing the following procedures or functions as part of the care provided by
and in concurrence with a "health care facility" and "health care service" as
defined in section 323D-2, or a "pharmacy" or a licensed physician, or a
"managed care plan" as defined in section 432E-1, in accordance with policies,
procedures, or protocols developed collaboratively by health professionals,
including physicians and surgeons, pharmacists, and registered nurses, and for
which a pharmacist has received appropriate training required by these policies,
procedures, or protocols:
(A) Ordering or performing routine drug therapy related patient assessment
procedures;
(B) Ordering drug therapy related laboratory tests;
(C) Initiating emergency contraception oral drug therapy in accordance with a
written collaborative agreement approved by the board, between a licensed
physician and a pharmacist who has received appropriate training that
includes programs approved by the American Council of Pharmaceutical
Education (ACPE), curriculum-based programs from an ACPE-accredited
college of pharmacy, state or local health department programs, or
programs recognized by the board of pharmacy;
(D) Administering drugs orally, topically, by intranasal delivery, or by
injection, pursuant to the patient's licensed physician's order, by a
pharmacist having appropriate training that includes programs approved by
the ACPE, curriculum-based programs from an ACPE-accredited college
of pharmacy, state or local health department programs, or programs
recognized by the board of pharmacy;
(E) Administering:
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(i) Immunizations orally, by injection, or by intranasal delivery, to
persons eighteen years of age or older by a pharmacist having
appropriate training that includes programs approved by the
ACPE, curriculum-based programs from an ACPE-accredited
college of pharmacy, state or local health department programs, or
programs recognized by the board of pharmacy; and
(ii) The influenza vaccine to persons between fourteen and seventeen
years of age pursuant to section 461- ;
(F) As authorized by a licensed physician's written instructions, initiating or
adjusting the drug regimen of a patient pursuant to an order or
authorization made by the patient's licensed physician and related to the
condition for which the patient has been seen by the licensed physician;
provided that the pharmacist shall issue written notification to the patient's
licensed physician or enter the appropriate information in an electronic
patient record system shared by the licensed physician, within twenty-four
hours;
(G) Transmitting a valid prescription to another pharmacist for the purpose of
filling or dispensing; or
(H) Providing consultation, information, or education to patients and health
care professionals based on the pharmacist's training and for which no other
licensure is required; and
(3) The offering or performing of those acts, services, operations, or transactions
necessary in the conduct, operation, management, and control of pharmacy.
"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.
"Registered pharmacist" means a person licensed under this chapter to practice in a
pharmacy except where another meaning is clearly manifested by the context.
"Remote dispensing" means the practice of dispensing drugs through the use of trained
personnel, telecommunications, and information technologies to patients at a remote dispensing
pharmacy.
"Remote dispensing machine" [Definition kept per Act 51, SLH 2010, §5.] 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" [Definition kept per Act 51, SLH 2010, §5.] 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.
"Remote dispensing technician" means an individual who assists the pharmacist in various
activities specific to the remote dispensing pharmacy.
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