§461-15 - Miscellaneous permits.

§461-15 Miscellaneous permits. (a) It
shall be unlawful:

(1) For any person to sell or offer for sale at
public auction, or to sell or offer for sale at private sale in a place where
public auctions are conducted, any prescription drugs without first obtaining a
permit from the board of pharmacy to do so;

(2) For any person to distribute or dispense samples
of any prescription drugs without first obtaining a permit from the board to do
so; provided that nothing in this paragraph shall interfere with the furnishing
of samples or drugs directly to physicians, druggists, dentists, veterinarians,
and optometrists for use in their professional practice;

(3) For wholesalers to sell, distribute, or dispense
any prescription drug, except to a pharmacist, physician, dentist,
veterinarian, or optometrist who is allowed to use pharmaceutical agents under
chapter 459 or to a generally recognized industrial, agricultural,
manufacturing, or scientific user of drugs for professional or business
purposes; provided that it shall be unlawful for wholesalers to sell,
distribute, or dispense any prescription pharmaceutical agent that is not
approved by the board of examiners in optometry;

(4) For any wholesale prescription drug distributor
to sell or distribute medical oxygen except to a:

(A) Licensed practitioner with prescriptive
authority;

(B) Pharmacist;

(D) Patient or a patient's agent pursuant to a
prescription; or

(E) Emergency medical services for
administration by trained personnel for oxygen deficiency and resuscitation;

(5) For any medical oxygen distributor to supply
medical oxygen pursuant to a prescription order, to a patient or a patient's
agent, without first obtaining a permit from the board to do so;

(6) For any person, as principal or agent, to conduct
or engage in the business of preparing, manufacturing, compounding, packing, or
repacking any drug without first obtaining a permit from the board to do so;
and

(7) For any out-of-state pharmacy or entity engaging
in the practice of pharmacy, in any manner to distribute, ship, mail, or
deliver prescription drugs or devices into the State without first obtaining a
permit from the board; provided that the applicant shall:

(A) Provide the location, names, and titles of
all principal corporate officers;

(B) Attest that the applicant or any personnel
of the applicant has not been found in violation of any state or federal drug
laws, including the illegal use of drugs or improper distribution of drugs;

(C) Submit verification of a valid unexpired
license, permit, or registration in good standing to conduct the pharmacy in
compliance with the laws of the home state and agree to maintain in good
standing the license, permit, or registration; and

(D) Have in its employ a registered pharmacist
whose registration is current and in good standing.

(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, §5; am L 1993, c 259, §1; am L 2000, c 83, §7; am L
2002, c 164, §5]