Ā§328-17.6Ā  Out-of-state prescriptions.Ā (a)Ā  An out-of-state practitioner may issue a written, oral, or electronicprescription within the confines of the practitioner's license and inaccordance with Hawaii laws and rules.Ā  An oral or electronic prescriptionshall be issued by the out-of-state practitioner or the prescriber's authorizedagent and received only by a pharmacist; provided that a medical oxygen ordermay be received by a medical oxygen distributor.

(b)Ā  An out-of-state pharmacy may transfer prescriptioninformation for refilling purposes and an out-of-state medical oxygendistributor may transfer prescription information for the purpose of refillinga medical oxygen order.

(c)Ā  Any pharmacist or medical oxygendistributor who fills or refills a prescription from an out-of-statepractitioner shall:

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

(2)Ā  Be responsible for validating and verifying thepractitioner's prescriptive authority by virtue of a valid out-of-statelicense, a Drug Enforcement Administration registration number, or othermeasures as appropriate; and

(3)Ā  Demand proper identification from the personwhose name appears on the prescription prior to filling the prescription, inaddition to complying with any identification procedures established by thedepartment for filling and refilling an out-of-state prescription.

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

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

(2)Ā  Record all information required to be on aprescription, including:

(A)Ā  The date of issuance of the originalprescription;

(B)Ā  The number of refills authorized on theoriginal prescription;

(C)Ā  The date the original prescription wasdispensed;

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

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

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

(e)Ā  A pharmacist or medical oxygen distributorwho fills or refills an out-of-state prescription shall be responsible if theprescription is not written in the form prescribed by Hawaii laws and rules.

(f)Ā  An out-of-state prescription record shallstate the date of filling or refilling and the local address of the personwhose name appears on the prescription.

(g)Ā  All transferred prescriptions shall bemaintained for a period of five years from the date of filling or refilling.Ā Filled out-of-state prescriptions shall be kept on file for five years.Ā  Thedepartment may establish additional recordkeeping and reporting procedures forfilled and refilled out-of-state prescriptions.

(h)Ā  Nothing in this section shall be construedto relieve any person from any requirement, prescribed by or under authority oflaw with respect to drugs now included or that may hereafter be included withinthe classifications of controlled substances as defined in the applicablefederal and state laws relating to controlled substances including but notlimited to chapter 329. [L 1992, c 177, pt of Ā§1; am L 1993, c 69, Ā§1; am L1994, c 79, Ā§1; am L 2000, c 83, Ā§4; am L 2001, c 124, Ā§4; am L 2003, c 56, Ā§3]