§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 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:



(1)  Note the following on the prescription record: 
the out-of-state practitioner's full name, address, and telephone number;



(2)  Be responsible for validating and verifying the
practitioner's prescriptive authority by virtue of a valid out-of-state
license, a Drug Enforcement Administration registration number, or other
measures as appropriate; and



(3)  Demand proper identification from the person
whose name appears on the prescription prior to filling the prescription, in
addition to complying with any identification procedures established by the
department for filling and refilling an out-of-state prescription.



(d)  Before refilling a transferred
out-of-state prescription, a pharmacist or medical oxygen distributor shall:



(1)  Advise the person whose name appears on the
prescription that the prescription on file at the originating out-of-state
pharmacy or medical oxygen distributor may be canceled; and



(2)  Record all information required to be on a
prescription, including:



(A)  The date of issuance of the original
prescription;



(B)  The number of refills authorized on the
original prescription;



(C)  The date the original prescription was
dispensed;



(D)  The number of valid refills remaining and
the date of the last refill;



(E)  The out-of-state pharmacy's or
out-of-state  medical oxygen distributor's name, telephone number, and address,
and the original prescription number or control number from which the
prescription information was transferred; and



(F)  The name of the transferor pharmacist or
the medical oxygen distributor's agent.



(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 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]