§328-96  Drug formulary; Hawaii additionsand deletions list.  (a)  The board may adopt rules, pursuant to chapter91, to effectuate the purpose of this part.  Without regard to chapter 91, thedirector may adopt as rules the compendia of therapeutically equivalent genericdrug products as the state drug formulary of equivalent multiple source drugproducts.  The board may adopt rules pursuant to chapter 91 to establish aHawaii additions and deletions list.  Upon the adoption of the compendia oftherapeutically equivalent generic drug products by the director, thedepartment shall notify all pharmacies in the State and other interestedindividuals, within thirty working days, that the formulary has been updated. The Hawaii additions and deletions list may list additional substitutable drugproducts that are determined by the board to be safe, effective, andtherapeutically equivalent.  The Hawaii additions and deletions list may deletedrug products listed in the compendia of therapeutically equivalent genericdrug products upon the board's finding that product quality or therapeuticequivalency or bioequivalency, as appropriate, is not adequately assured.

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

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

(d)  The department shall provide fordistribution of the Hawaii additions and deletions list and its revisions andsupplements, and the dissemination of notices of changes to the compendia oftherapeutically equivalent generic drug products to all pharmacies in the Stateand to any other interested individuals.  The department may establish fees tobe charged to persons who receive the Hawaii additions and deletions list andits revisions and supplements, and notices of changes to the compendia oftherapeutically equivalent generic drug products.  The amounts of the feescharged shall be approximately the same as the costs of producing anddistributing the Hawaii additions and deletions list and its revisions andsupplements, and the notices of changes to the compendia of therapeuticallyequivalent generic drug products.

(e)  Each pharmacy in the State shall:

(1)  Maintain and update the compendia oftherapeutically equivalent generic drug products as it is approved by thedirector; and

(2)  Obtain the Hawaii additions and deletions list.

(f)  The department shall provide for public educationregarding the provisions of this part and shall monitor the effects of thispart. [L 1980, c 187, pt of §1; am L 1982, c 122, §1(6), (7); amL 1986, c 174, §1; am L 1996, c 209, §6; am L 1997, c 214, §7; am L 1999, c209, §2; am L 2003, c 56, §8; am L 2004, c 28, §3]