§328-96  Drug formulary; Hawaii additions
and deletions list.  (a)  The board may adopt rules, pursuant to chapter
91, to effectuate the purpose of this part.  Without regard to chapter 91, the
director may adopt as rules the compendia of therapeutically equivalent generic
drug products as the state drug formulary of equivalent multiple source drug
products.  The board may adopt rules pursuant to chapter 91 to establish a
Hawaii additions and deletions list.  Upon the adoption of the compendia of
therapeutically equivalent generic drug products by the director, the
department shall notify all pharmacies in the State and other interested
individuals, within thirty working days, that the formulary has been updated. 
The Hawaii additions and deletions list may list additional substitutable drug
products that are determined by the board to be safe, effective, and
therapeutically equivalent.  The Hawaii additions and deletions list may delete
drug products listed in the compendia of therapeutically equivalent generic
drug products upon the board's finding that product quality or therapeutic
equivalency or bioequivalency, as appropriate, is not adequately assured.



(b)  Pursuant to chapter 91, the Hawaii
additions and deletions list may be changed, added to, or deleted from as the
board deems appropriate.  Any person who requests that any change be made or
that a drug product be included or added to or deleted from the Hawaii
additions and deletions list shall have the burden of proof to show cause why
the change, inclusion, addition, or deletion should be made.



(c)  The board shall revise or supplement the
Hawaii additions and deletions list as necessary.



(d)  The department shall provide for
distribution of the Hawaii additions and deletions list and its revisions and
supplements, and the dissemination of notices of changes to the compendia of
therapeutically equivalent generic drug products to all pharmacies in the State
and to any other interested individuals.  The department may establish fees to
be charged to persons who receive the Hawaii additions and deletions list and
its revisions and supplements, and notices of changes to the compendia of
therapeutically equivalent generic drug products.  The amounts of the fees
charged shall be approximately the same as the costs of producing and
distributing the Hawaii additions and deletions list and its revisions and
supplements, and the notices of changes to the compendia of therapeutically
equivalent generic drug products.



(e)  Each pharmacy in the State shall:



(1)  Maintain and update the compendia of
therapeutically equivalent generic drug products as it is approved by the
director; and



(2)  Obtain the Hawaii additions and deletions list.



(f)  The department shall provide for public education
regarding the provisions of this part and shall monitor the effects of this
part. [L 1980, c 187, pt of §1; am L 1982, c 122, §1(6), (7); am
L 1986, c 174, §1; am L 1996, c 209, §6; am L 1997, c 214, §7; am L 1999, c
209, §2; am L 2003, c 56, §8; am L 2004, c 28, §3]