HB 72: Board of Pharmacy; Registered Pharmacy Technicians; Certificate of Registration; Pharmacists-in-charge; Supervision
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-25
Current Status:
In Progress
(2025-05-27: Act 093, on 05/27/2025 (Gov. Msg. No. 1193).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires pharmacy technicians to have a Board of Pharmacy certificate of registration before performing technician duties and only registered technicians may be employed by a pharmacy. It makes pharmacists-in-charge and supervising pharmacists responsible for verifying registration, for the actions of technicians and pharmacy interns, and for reporting suspected violations to the Board.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Beginning 1/1/2026, requires pharmacy technicians to be registered with and obtain a certificate of registration issued by the Board of Pharmacy. Imposes a duty on pharmacists-in-charge to report violations by registered pharmacy technicians to the Board of Pharmacy. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns. (CD1)
Beginning 1/1/2026, requires pharmacy technicians to be registered with and obtain a certificate of registration from the Board of Pharmacy. Imposes a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns. Effective 12/31/2050. (SD1)
Beginning 1/1/2026, requires pharmacy technicians to be registered. Imposes a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns. Effective 7/1/3000. (HD2)
Beginning 1/1/2026, requires pharmacy technicians to be registered. Imposes a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns. Effective 7/1/3000. (HD1)
Beginning 1/1/2026, requires physician technicians to be registered. Imposes a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
72 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO PHARMACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§461- Registered pharmacy technicians; certificate of registration required. (a) Beginning January 1, 2026, no person shall act as a pharmacy technician without first obtaining a valid certificate of registration issued by the board pursuant to this section.
(b) Each certificate of registration shall be valid through December 31 of each odd-numbered year, upon which the registration shall lapse and a new registration shall be required.
(c) Beginning January 1, 2026, a pharmacy shall only employ registered pharmacy technicians to perform pharmacy technician duties. The pharmacist-in-charge shall verify that the person is a registered pharmacy technician and that the board has issued a certificate of registration for the pharmacy technician before the registered pharmacy technician performs any tasks identified in this chapter or rules adopted pursuant to this chapter. The supervising registered pharmacist shall be responsible for the actions of the registered pharmacy technician.
(d) The certificate of registration shall be prominently displayed in an area accessible to the public in the workplace where the registered pharmacy technician is employed or practices.
(e) If the registered pharmacy technician is suspected to have violated any law or rule regarding the practice of pharmacy, legend drugs, or controlled substances, or if there is evidence that a registered pharmacy technician may have violated any such law or rule, the pharmacist-in-charge shall notify the board, in writing, within ten days or immediately if any danger to the public health or safety exists. Any registered pharmacist, whether or not practicing in the same pharmacy, who has knowledge or suspicion of a registered pharmacy technician who is in violation of any law or rule regarding the practice of pharmacy, legend drugs, or controlled substances shall notify the board, in writing, within ten days or immediately if any danger to the public health or safety exists."
SECTION 2. Section 461-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Auxiliary pharmacy personnel" means a person who works in a pharmacy assisting a registered pharmacist or registered pharmacy technician and who may perform the following:
(1) Retrieval tasks, such as retrieving prescriptions or files;
(2) Clerical tasks, such as data entry, typing labels, and maintaining patient profiles;
(3) Tasks such as selling prescriptions, telephoning, filing, and typing;
(4) Accounting tasks, such as recordkeeping, maintaining accounts receivables, third-party billing, and posting;
(5) Inventory control tasks, such as monitoring, pricing, dating, invoicing, stocking pharmacy, and preparing purchase orders; and
(6) Custodial tasks, such as helping maintain a clean and orderly pharmacy.
"Registered pharmacy technician" means a person, exclusive of pharmacy interns and auxiliary pharmacy personnel, with a certificate of registration issued by the board pursuant to section 461- , who may, in addition to the tasks of an auxiliary pharmacy personnel, perform filling, packaging, manipulative, repetitive, or other nondiscretionary tasks, and tasks specified in section 461-11.4, only while assisting and while under the supervision and control of a registered pharmacist.
"Supervision" means the direction and oversight of a registered pharmacy technician or pharmacy intern by a responsible registered pharmacist at all times when the registered pharmacy technician or pharmacy intern performs acts specified in this chapter or rules adopted pursuant to this chapter."
SECTION 3. Section 461-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other powers and duties authorized by law, the board:
(1) Shall adopt, amend, and repeal rules pursuant to chapter 91, as it deems proper for the purposes of this chapter, Public Law 100-293, and title 21 Code of Federal Regulations part 205;
(2) Shall examine,
license, reinstate, and renew the licenses of qualified applicants for
registered pharmacists and wholesale prescription drug distributors[,];
issue certificates of registration for registered pharmacy technicians; and
issue and renew permits to operate pharmacies;
(3) May require the inspection of any wholesale prescription drug distributor premises in the State to ensure compliance with this chapter and rules adopted under this chapter, or may require an applicant for a pharmacy license to submit a statement that the premises, including but not limited to security and sanitation, are in conformance with the board's requirements and that the applicant possesses the reference materials and technical clinical equipment and supplies as may be specified in rules adopted under this chapter;
(4) May fine, suspend, or revoke any license, registration, or permit for any cause prescribed by this chapter, or for any violation of the rules adopted under this chapter, and refuse to grant or renew any license, registration, or permit for any cause which would be ground for revocation or suspension of a license, registration, or permit;
(5) May deny a license to any applicant who has been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order of disciplinary action taken pursuant to this paragraph shall be a matter of public record; and
(6) May approve pilot
and demonstration research projects for innovative applications in the practice
of pharmacy; provided that the projects shall not include therapeutic
substitution or substitution of a medical device used in patient care; provided
further that nothing in this paragraph shall be construed to expand the
definition of "practice of pharmacy" [as defined] under
section 461-1. The board may also:
(A) Approve a provision that grants an exception to any rule adopted under this paragraph;
(B) Extend the time an exception to a rule is granted, as may be necessary for the board to adopt an amendment or modification to the rule;
(C) Condition approval of a project upon compliance with this section and any rules adopted under this section; and
(D) Rescind approval and terminate a project if, at any time, a project fails to protect public health or welfare."
SECTION 4. Section 461-5, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"§461-5 [Qualifications] Registered
pharmacists; qualifications for license."
SECTION 5. Section 461-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) All licenses and permits issued by the
board, except temporary licenses issued under section 461-7, shall be renewed
biennially on or before December 31 of each odd-numbered year. Failure to pay the biennial fee and[,
beginning with the renewal for the licensing biennium commencing on January 1,
2008,] to satisfy the continuing education requirement on or before
December 31 of each odd-numbered year, shall constitute a forfeiture of the
license as of the date of expiration. Failure
to pay the biennial fee on or before December 31 of each odd‑numbered
year shall constitute a forfeiture of the permit as of the date of expiration.
(b) Any license or permit forfeited pursuant to subsection (a) may be restored within three years upon payment of any penalty fee, the current biennial fees, and the renewal fee for the next biennium, if applicable, upon submission of proof of compliance with the continuing education requirement for the prior biennium, and upon meeting any other requirements specified in rules adopted pursuant to chapter 91."
SECTION 6. Section 461-9, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) No person shall practice as a pharmacy intern
without having first obtained a permit from the board. The board shall adopt rules pursuant to
chapter 91 defining the functions of a pharmacy intern, establishing the
requirements to be met by an applicant for a pharmacy intern permit, and
specifying the duration of the permit and the procedures for the immediate
supervision of the pharmacy intern by a registered pharmacist[.];
provided that the supervising registered pharmacist shall supervise the actions
of the pharmacy intern.
(c)
A registered pharmacy technician may be employed to [assist
the] perform filling, packaging, manipulative, repetitive, or other nondiscretionary
tasks, and tasks specified in section 461-11.4, only while assisting and while
under the supervision and control of a registered pharmacist and under
rules adopted by the board pursuant to chapter 91 [that define the
qualifications and functions of the pharmacy technician and provide the
procedures for control and supervision by a registered pharmacist]."
SECTION 7. Section 461-11.4, Hawaii Revised Statutes, is amended by amending subsections (a) to (d) to read as follows:
"(a) A pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist may administer a vaccine to a person three years of age or older; provided that:
(1) The vaccine is authorized or approved by the United States Food and Drug Administration;
(2) The vaccine has been ordered by a registered pharmacist and administered in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services;
(3) The pharmacy intern has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency responses to vaccines;
(4) The registered pharmacy technician has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique;
(5) The registered pharmacy technician has a Certified Pharmacy Technician certification from either the Pharmacy Technician Certification Board or National Healthcareer Association;
(6) The registered pharmacist, pharmacy intern, or registered pharmacy technician has a current certificate in basic cardiopulmonary resuscitation;
(7) The registered pharmacist or registered pharmacy technician has completed a minimum of two credit hours in immunization-related continuing education courses during each licensing biennium;
(8) The registered pharmacist is in compliance with all applicable recordkeeping and reporting requirements, including complying with adverse events reporting requirements;
(9) The registered pharmacist, pharmacy intern, or registered pharmacy technician has reviewed the patient's vaccination records before administering the vaccine;
(10) The registered pharmacist has informed the patient and the patient's primary guardian or caregiver of the importance of a well-child visit with a pediatrician or other licensed primary care provider and has referred the patient as appropriate; and
(11) Where a prescription has been ordered by a person other than the registered pharmacist, the registered pharmacist, pharmacy intern, or registered pharmacy technician shall verify that the prescriber or the prescriber's authorized agent is the patient's medical home.
(b) After the vaccination is administered, the registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall immediately provide to the patient a vaccination record including the following information:
(1) The patient's name and date of birth;
(2) The type of vaccine administered; and
(3) The date and location that the vaccine was administered.
(c) The registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall make a good faith effort to provide within seventy-two hours to the medical home and within five business days to the department of health immunization registry the same information provided to the patient pursuant to subsection (b) as well as the following:
(1) The name of the vaccine product that was administered, including the manufacturer, lot number, and expiration date;
(2) The method of administration; and
(3) The anatomical site of administration.
(d) All pharmacy interns or registered pharmacy technicians who administer vaccines to persons three years of age or older shall complete the training program required by subsection (a) and submit the completion certificate for the training program to the board before administering any vaccine to persons three years of age or older."
SECTION 8. Section 461-21, Hawaii Revised Statutes, is amended to read as follows:
"§461-21 Disciplinary action. (a) In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license, registration, or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee, registrant, or permit holder for any cause authorized by law, including but not limited to the following:
(1) Procuring a license or registration through fraud, misrepresentation, or deceit;
(2) Professional misconduct, gross carelessness, or manifest incapacity;
(3) Permitting an unlicensed or unregistered person to perform activities that require a license or registration under this chapter;
(4) Violation of any
of the provisions of this chapter or the rules adopted pursuant [thereto;]
to this chapter;
(5) Violation of any [state
or] federal or state drug, controlled substance, or poison law;
(6) False, fraudulent, or deceptive advertising;
(7) Any other conduct constituting fraudulent or dishonest dealings;
(8) Failure to comply with a board order;
(9) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;
(10) Habitual intemperance or addiction to the use of habit-forming drugs;
(11) Administering a vaccine, including a human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine, without complying with section 461-11.4; or
(12) Prescribing or dispensing contraceptive supplies without complying with section 461-11.6.
(b)
Any person who violates any of the provisions of this chapter or the
rules adopted pursuant [thereto] to this chapter shall be fined [not]
no less than $100 [nor] and no more than $1,000 for each
violation.
(c) All proceedings for denial, suspension, fine, or revocation of a license, registration, or permit on any grounds specified in subsection (a) shall be conducted pursuant to chapter 91, including the right of judicial review."
SECTION 9. Section 26H-6, Hawaii Revised Statutes, shall not apply to this Act.
SECTION 10. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 11. This Act shall take effect upon its approval.
Report Title:
Board of Pharmacy; Registered Pharmacy Technicians; Certificate of Registration; Pharmacists-in-charge; Supervision
Description:
Beginning 1/1/2026, requires pharmacy technicians to be registered with and obtain a certificate of registration issued by the Board of Pharmacy. Imposes a duty on pharmacists-in-charge to report violations by registered pharmacy technicians to the Board of Pharmacy. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
72 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PHARMACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§461- Registered pharmacy technicians; certificate of registration required. (a) Beginning January 1, 2026, no person shall act as a pharmacy technician without first obtaining a valid certificate of registration issued by the board pursuant to this section.
(b) Each certificate of registration shall be valid through December 31 of each odd-numbered year, upon which the registration shall lapse and a new registration shall be required.
(c) The registration fee for a pharmacy technician shall be $20.
(d) Beginning January 1, 2026, a pharmacy shall only employ registered pharmacy technicians to perform pharmacy technician duties. The pharmacist-in-charge shall verify that the person is registered as a pharmacy technician and that the board has issued a certificate of registration for the pharmacy technician before the pharmacy technician performs any tasks identified in this chapter or rules adopted pursuant to this chapter. The supervising registered pharmacist shall be responsible for the actions of the registered pharmacy technician.
(e) The certificate of registration shall be prominently displayed in an area accessible to the public in the workplace where the registered pharmacy technician is employed or practices.
(f) If the registered pharmacy technician is suspected to have violated any law or rule regarding the practice of pharmacy, legend drugs, or controlled substances or if there is evidence that a registered pharmacy technician may have violated any of these laws or rules, the pharmacist-in-charge shall notify the board, in writing, within ten days or, if any danger to the public health or safety exists, immediately. Any registered pharmacist, whether or not practicing in the same pharmacy, who has knowledge or suspicion of another registered pharmacy technician in violation of any law or rule regarding the practice of pharmacy, legend drugs, or controlled substances shall notify the board, in writing, within ten days or, if any danger to the public health or safety exists, immediately."
SECTION 2. Section 461-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Auxiliary pharmacy personnel" means a person who works in a pharmacy assisting a registered pharmacist or registered pharmacy technician and who may perform the following:
(1) Retrieval tasks, such as retrieving prescriptions or files;
(2) Clerical tasks, such as data entry, typing labels, and maintaining patient profiles;
(3) Tasks such as selling prescriptions, telephoning, filing, and typing;
(4) Accounting tasks, such as recordkeeping, maintaining accounts receivables, third-party billing, and posting;
(5) Inventory control tasks, such as monitoring, pricing, dating, invoicing, stocking pharmacy, and preparing purchase orders; and
(6) Custodial tasks, such as helping maintain a clean and orderly pharmacy.
"Registered pharmacy technician" means a person, exclusive of pharmacy interns and auxiliary pharmacy personnel, registered with the board pursuant to section 461- , who may, in addition to the tasks of an auxiliary pharmacy personnel, perform filling, packaging, manipulative, repetitive, or other nondiscretionary tasks, and tasks specified in section 461-11.4, only while assisting and while under the supervision and control of a registered pharmacist.
"Supervision" means the direction and oversight of a registered pharmacy technician or pharmacy intern by a responsible registered pharmacist at all times when the registered pharmacy technician or pharmacy intern performs acts specified in this chapter or rules adopted pursuant to this chapter."
SECTION 3. Section 461-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other powers and duties authorized by law, the board:
(1) Shall adopt, amend, and repeal rules pursuant to chapter 91, as it deems proper for the purposes of this chapter, Public Law 100-293, and title 21 Code of Federal Regulations part 205;
(2) Shall examine,
license, reinstate, and renew the licenses of qualified applicants for
registered pharmacists and wholesale prescription drug distributors[,];
issue certificates of registration for registered pharmacy technicians; and
issue and renew permits to operate pharmacies;
(3) May require the inspection of any wholesale prescription drug distributor premises in the State to ensure compliance with this chapter and rules adopted under this chapter, or may require an applicant for a pharmacy license to submit a statement that the premises, including but not limited to security and sanitation, are in conformance with the board's requirements and that the applicant possesses the reference materials and technical clinical equipment and supplies as may be specified in rules adopted under this chapter;
(4) May fine, suspend, or revoke any license, registration, or permit for any cause prescribed by this chapter, or for any violation of the rules adopted under this chapter, and refuse to grant or renew any license, registration, or permit for any cause which would be ground for revocation or suspension of a license, registration, or permit;
(5) May deny a license to any applicant who has been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order of disciplinary action taken pursuant to this paragraph shall be a matter of public record; and
(6) May approve pilot
and demonstration research projects for innovative applications in the practice
of pharmacy; provided that the projects shall not include therapeutic
substitution or substitution of a medical device used in patient care; provided
further that nothing in this paragraph shall be construed to expand the
definition of "practice of pharmacy" [as defined] under
section 461-1. The board may also:
(A) Approve a provision that grants an exception to any rule adopted under this paragraph;
(B) Extend the time an exception to a rule is granted, as may be necessary for the board to adopt an amendment or modification to the rule;
(C) Condition approval of a project upon compliance with this section and any rules adopted under this section; and
(D) Rescind approval and terminate a project if, at any time, a project fails to protect public health or welfare."
SECTION 4. Section 461-5, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"§461-5 [Qualifications] Registered
pharmacists; qualifications for license."
SECTION 5. Section 461-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) All licenses and permits issued by the
board, except temporary licenses issued under section 461-7, shall be renewed
biennially on or before December 31 of each odd-numbered year. Failure to pay the biennial fee and[,
beginning with the renewal for the licensing biennium commencing on January 1,
2008,] to satisfy the continuing education requirement on or before
December 31 of each odd-numbered year, shall constitute a forfeiture of the
license as of the date of expiration. Failure
to pay the biennial fee on or before December 31 of each odd‑numbered
year shall constitute a forfeiture of the permit as of the date of expiration.
(b) Any license or permit forfeited pursuant to subsection (a) may be restored within three years upon payment of any penalty fee, the current biennial fees, and the renewal fee for the next biennium, if applicable, upon submission of proof of compliance with the continuing education requirement for the prior biennium, and upon meeting any other requirements specified in rules adopted pursuant to chapter 91."
SECTION 6. Section 461-9, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) No person shall practice as a pharmacy intern
without having first obtained a permit from the board. The board shall adopt rules pursuant to
chapter 91 defining the functions of a pharmacy intern, establishing the
requirements to be met by an applicant for a pharmacy intern permit, and
specifying the duration of the permit and the procedures for the immediate
supervision of the pharmacy intern by a registered pharmacist[.];
provided that the supervising registered pharmacist shall supervise the actions
of the pharmacy intern.
(c)
A registered pharmacy technician may be employed to [assist
the] perform filling, packaging, manipulative, repetitive, or other nondiscretionary
tasks, and tasks specified in section 461-11.4, only while assisting and while
under the supervision and control of a registered pharmacist and under
rules adopted by the board pursuant to chapter 91 [that define the
qualifications and functions of the pharmacy technician and provide the
procedures for control and supervision by a registered pharmacist]."
SECTION 7. Section 461-11.4, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:
"(a) A pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist may administer a vaccine to a person three years of age or older; provided that:
(1) The vaccine is authorized or approved by the United States Food and Drug Administration;
(2) The vaccine has been ordered by a registered pharmacist and administered in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services;
(3) The pharmacy intern has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency responses to vaccines;
(4) The registered pharmacy technician has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique;
(5) The registered pharmacy technician has a Certified Pharmacy Technician certification from either the Pharmacy Technician Certification Board or National Healthcareer Association;
(6) The registered pharmacist, pharmacy intern, or registered pharmacy technician has a current certificate in basic cardiopulmonary resuscitation;
(7) The registered pharmacist or registered pharmacy technician has completed a minimum of two credit hours in immunization-related continuing education courses during each licensing biennium;
(8) The registered pharmacist is in compliance with all applicable recordkeeping and reporting requirements, including complying with adverse events reporting requirements;
(9) The registered pharmacist, pharmacy intern, or registered pharmacy technician has reviewed the patient's vaccination records before administering the vaccine;
(10) The registered pharmacist has informed the patient and the patient's primary guardian or caregiver of the importance of a well-child visit with a pediatrician or other licensed primary care provider and has referred the patient as appropriate; and
(11) Where a prescription has been ordered by a person other than the registered pharmacist, the registered pharmacist, pharmacy intern, or registered pharmacy technician shall verify that the prescriber or the prescriber's authorized agent is the patient's medical home.
(b) After the vaccination is administered, the registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall immediately provide to the patient a vaccination record including the following information:
(1) The patient's name and date of birth;
(2) The type of vaccine administered; and
(3) The date and location that the vaccine was administered.
(c) The registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall make a good faith effort to provide within seventy-two hours to the medical home and within five business days to the department of health immunization registry the same information provided to the patient pursuant to subsection (b) as well as the following:
(1) The name of the vaccine product that was administered, including the manufacturer, lot number, and expiration date;
(2) The method of administration; and
(3) The anatomical site of administration.
(d) All pharmacy interns or registered pharmacy technicians who administer vaccines to persons three years of age or older shall complete the training program required by subsection (a) and submit the completion certificate for the training program to the board before administering any vaccine to persons three years of age or older."
SECTION 8. Section 461-21, Hawaii Revised Statutes, is amended to read as follows:
"§461-21 Disciplinary action. (a) In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license, registration, or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee, registrant, or permit holder for any cause authorized by law, including but not limited to the following:
(1) Procuring a license or registration through fraud, misrepresentation, or deceit;
(2) Professional misconduct, gross carelessness, or manifest incapacity;
(3) Permitting an unlicensed or unregistered person to perform activities that require a license or registration under this chapter;
(4) Violation of any
of the provisions of this chapter or the rules adopted pursuant [thereto;]
to this chapter;
(5) Violation of any [state
or] federal or state drug, controlled substance, or poison law;
(6) False, fraudulent, or deceptive advertising;
(7) Any other conduct constituting fraudulent or dishonest dealings;
(8) Failure to comply with a board order;
(9) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;
(10) Habitual intemperance or addiction to the use of habit-forming drugs;
(11) Administering a vaccine, including a human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine, without complying with section 461-11.4; or
(12) Prescribing or dispensing contraceptive supplies without complying with section 461-11.6.
(b)
Any person who violates any of the provisions of this chapter or the
rules adopted pursuant [thereto] to this chapter shall be fined [not]
no less than $100 [nor] and no more than $1,000 for each
violation.
(c) All proceedings for denial, suspension, fine, or revocation of a license, registration, or permit on any grounds specified in subsection (a) shall be conducted pursuant to chapter 91, including the right of judicial review."
SECTION 9. Section 26H-6, Hawaii Revised Statutes, shall not apply to this Act.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on December 31, 2050.
Report Title:
Board of Pharmacy; Registered Pharmacy Technicians; Certificate of Registration; Pharmacists-in-charge; Supervision
Description:
Beginning 1/1/2026, requires pharmacy technicians to be registered with and obtain a certificate of registration from the Board of Pharmacy. Imposes a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns. Effective 12/31/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
72 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PHARMACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§461- Registered pharmacy technicians; registration required. (a) Beginning January 1, 2026, no person shall act as a pharmacy technician without first obtaining a valid registration issued by the board pursuant to this section.
(b) Each registration shall be valid through December 31 of each odd-numbered year, upon which the registration shall lapse and a new registration shall be required.
(c) The registration fee for a pharmacy technician shall be $20.
(d) Beginning January 1, 2026, a pharmacy shall only employ registered pharmacy technicians to perform pharmacy technician duties. The pharmacist-in-charge shall determine that the person is registered as a pharmacy technician and that the board has issued a certificate of registration for the pharmacy technician before the pharmacy technician performs any tasks identified in this chapter or rules adopted pursuant to this chapter. The supervising registered pharmacist shall be responsible for the actions of the registered pharmacy technician.
(e) The certificate of registration shall be prominently displayed in an area accessible to the public in the workplace where the registered pharmacy technician is employed or practices.
(f) If the registered pharmacy technician is suspected to have violated any law or rule regarding the practice of pharmacy, legend drugs, or controlled substances or if there is evidence that a registered pharmacy technician may have violated any such law or rule, the pharmacist-in-charge shall notify the board, in writing, within ten days or, if any danger to the public health or safety exists, immediately. Any other registered pharmacist, whether or not practicing in the same pharmacy, who has such knowledge or suspicion shall notify the board, in writing, within ten days or, if any danger to the public health or safety exists, immediately."
SECTION 2. Section 461-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
"Auxiliary pharmacy personnel" means a person who works in a pharmacy assisting a registered pharmacist and registered pharmacist technicians and who may perform the following tasks:
(1) Retrieval tasks, such as retrieving prescriptions or files;
(2) Clerical tasks, such as data entry, typing labels, and maintaining patient profiles;
(3) Tasks such as selling prescriptions, telephoning, filing, and typing;
(4) Accounting tasks, such as recordkeeping, maintaining accounts receivables, third-party billing, and posting;
(5) Inventory control tasks, such as monitoring, pricing, dating, invoicing, stocking pharmacy, and preparation of purchase orders; and
(6) Custodial tasks, such as helping maintain a clean and orderly pharmacy.
"Registered pharmacy technician" means a person, exclusive of pharmacy interns and auxiliary pharmacy personnel, registered with the board who may, in addition to the tasks of an auxiliary pharmacy personnel, perform filling, packaging, manipulative, repetitive, or other nondiscretionary tasks, and tasks specified in section 461-11.4, only while assisting and while under the direct supervision and control of a registered pharmacist.
"Supervision" means the direction and oversight of a registered pharmacy technician or pharmacy intern by a physically present, responsible registered pharmacist at all times when either party performs acts specified in this chapter or rules adopted pursuant to this chapter."
SECTION 3. Section 461-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other powers and duties authorized by law, the board:
(1) Shall adopt, amend, and repeal rules pursuant to chapter 91, as it deems proper for the purposes of this chapter, Public Law 100-293, and title 21 Code of Federal Regulations part 205;
(2) Shall examine, license, reinstate, and renew the licenses of qualified applicants for registered pharmacists and wholesale prescription drug distributors, issue certificates of registration for registered pharmacy technicians, and issue and renew permits to operate pharmacies;
(3) May require the inspection of any wholesale prescription drug distributor premises in the State to ensure compliance with this chapter and rules adopted under this chapter, or may require an applicant for a pharmacy license to submit a statement that the premises, including but not limited to security and sanitation, are in conformance with the board's requirements and that the applicant possesses the reference materials and technical clinical equipment and supplies as may be specified in rules adopted under this chapter;
(4) May fine, suspend, or revoke any license, registration, or permit for any cause prescribed by this chapter, or for any violation of the rules adopted under this chapter, and refuse to grant or renew any license, registration, or permit for any cause which would be ground for revocation or suspension of a license, registration, or permit;
(5) May deny a license to any applicant who has been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order of disciplinary action taken pursuant to this paragraph shall be a matter of public record; and
(6) May approve pilot
and demonstration research projects for innovative applications in the practice
of pharmacy; provided that the projects shall not include therapeutic
substitution or substitution of a medical device used in patient care; provided
further that nothing in this paragraph shall be construed to expand the
definition of "practice of pharmacy" [as defined] under
section 461-1. The board may also:
(A) Approve a provision that grants an exception to any rule adopted under this paragraph;
(B) Extend the time an exception to a rule is granted, as may be necessary for the board to adopt an amendment or modification to the rule;
(C) Condition approval of a project upon compliance with this section and any rules adopted under this section; and
(D) Rescind approval and terminate a project if, at any time, a project fails to protect public health or welfare."
SECTION 4. Section 461-5, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"§461-5 [Qualifications] Registered
pharmacists; qualifications for license."
SECTION 5. Section 461-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) All licenses and permits issued by the
board, except temporary licenses issued under section 461-7, shall be renewed
biennially on or before December 31 of each odd-numbered year. Failure to pay the biennial fee and[,
beginning with the renewal for the licensing biennium commencing on January 1,
2008,] to satisfy the continuing education requirement on or before
December 31 of each odd-numbered year, shall constitute a forfeiture of the
license as of the date of expiration. Failure
to pay the biennial fee on or before December 31 of each odd-numbered year
shall constitute a forfeiture of the permit as of the date of expiration.
(b) Any license or permit forfeited pursuant to subsection (a) may be restored within three years upon payment of any penalty fee, the current biennial fees, and the renewal fee for the next biennium, if applicable, upon submission of proof of compliance with the continuing education requirement for the prior biennium, and upon meeting any other requirements specified in rules adopted pursuant to chapter 91."
SECTION 6. Section 461-9, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) No person shall practice as a pharmacy intern
without having first obtained a permit from the board. The board shall adopt rules pursuant to
chapter 91 defining the functions of a pharmacy intern, establishing the
requirements to be met by an applicant for a pharmacy intern permit, and
specifying the duration of the permit and the procedures for the immediate
supervision of the pharmacy intern by a registered pharmacist[.];
provided that the supervising registered pharmacist shall supervise the actions
of the pharmacy intern.
(c)
A registered pharmacy technician may be employed to [assist
the registered] perform filling, packaging, manipulative, repetitive, or
other nondiscretionary tasks, and tasks specified in section 461-11.4, only
while assisting and while under the direct supervisions and control of a
pharmacist and under rules adopted by the board pursuant to chapter 91 [that
define the qualifications and functions of the pharmacy technician and provide
the procedures for control and supervision by a registered pharmacist]."
SECTION 7. Section 461-11.4, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:
"(a) A pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist may administer a vaccine to a person three years of age or older; provided that:
(1) The vaccine is authorized or approved by the United States Food and Drug Administration;
(2) The vaccine has been ordered by a registered pharmacist and administered in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services;
(3) The pharmacy intern has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency responses to vaccines;
(4) The registered pharmacy technician has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique;
(5) The registered pharmacy technician has a Certified Pharmacy Technician certification from either the Pharmacy Technician Certification Board or National Healthcareer Association;
(6) The registered pharmacist, pharmacy intern, or registered pharmacy technician has a current certificate in basic cardiopulmonary resuscitation;
(7) The registered pharmacist or registered pharmacy technician has completed a minimum of two credit hours in immunization-related continuing education courses during each licensing biennium;
(8) The registered pharmacist is in compliance with all applicable recordkeeping and reporting requirements, including complying with adverse events reporting requirements;
(9) The registered pharmacist, pharmacy intern, or registered pharmacy technician has reviewed the patient's vaccination records before administering the vaccine;
(10) The registered pharmacist has informed the patient and the patient's primary guardian or caregiver of the importance of a well-child visit with a pediatrician or other licensed primary care provider and has referred the patient as appropriate; and
(11) Where a prescription has been ordered by a person other than the registered pharmacist, the registered pharmacist, pharmacy intern, or registered pharmacy technician shall verify that the prescriber or the prescriber's authorized agent is the patient's medical home.
(b) After the vaccination is administered, the registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall immediately provide to the patient a vaccination record including the following information:
(1) The patient's name and date of birth;
(2) The type of vaccine administered; and
(3) The date and location that the vaccine was administered.
(c) The registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall make a good faith effort to provide within seventy-two hours to the medical home and within five business days to the department of health immunization registry the same information provided to the patient pursuant to subsection (b) as well as the following:
(1) The name of the vaccine product that was administered, including the manufacturer, lot number, and expiration date;
(2) The method of administration; and
(3) The anatomical site of administration.
(d) All pharmacy interns or registered pharmacy technicians who administer vaccines to persons three years of age or older shall complete the training program required by subsection (a) and submit the completion certificate for the training program to the board before administering any vaccine to persons three years of age or older."
SECTION 8. Section 461-21, Hawaii Revised Statutes, is amended to read as follows:
"§461-21 Disciplinary action. (a) In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license, registration, or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee, registrant, or permit holder for any cause authorized by law, including but not limited to the following:
(1) Procuring a license or registration through fraud, misrepresentation, or deceit;
(2) Professional misconduct, gross carelessness, or manifest incapacity;
(3) Permitting an unlicensed or unregistered person to perform activities that require a license or registration under this chapter;
(4) Violation of any
of the provisions of this chapter or the rules adopted pursuant [thereto;]
to this chapter;
(5) Violation of any [state
or] federal or state drug, controlled substance, or poison law;
(6) False, fraudulent, or deceptive advertising;
(7) Any other conduct constituting fraudulent or dishonest dealings;
(8) Failure to comply with a board order;
(9) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;
(10) Habitual intemperance or addiction to the use of habit-forming drugs;
(11) Administering a vaccine, including a human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine, without complying with section 461-11.4; or
(12) Prescribing or dispensing contraceptive supplies without complying with section 461-11.6.
(b)
Any person who violates any of the provisions of this chapter or the
rules adopted pursuant [thereto] to this chapter shall be fined [not]
no less than $100 [nor] and no more than $1,000 for each
violation.
(c) All proceedings for denial, suspension, fine, or revocation of a license, registration, or permit on any grounds specified in subsection (a) shall be conducted pursuant to chapter 91, including the right of judicial review."
SECTION 9. Section 26H-6, Hawaii Revised Statutes, shall not apply to this Act.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 3000.
Report Title:
Registered Pharmacy Technicians; Registration; Pharmacists-in-charge; Supervision
Description:
Beginning 1/1/2026, requires pharmacy technicians to be registered. Imposes a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
72 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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|
|
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A BILL FOR AN ACT
RELATING TO PHARMACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§461- Registered pharmacy technicians; registration required. (a) Beginning January 1, 2026, no person shall act as a pharmacy technician without first obtaining a valid registration issued by the board pursuant to this section.
(b) Each registration shall be valid through December 31 of each odd-numbered year, upon which the registration shall lapse and a new registration shall be required.
(c) The registration fee for a pharmacy technician shall be $20.
(d) Beginning January 1, 2026, a pharmacy shall only employ registered pharmacy technicians to perform pharmacy technician duties. The pharmacist-in-charge shall determine that the person is registered as a pharmacy technician and that the board has issued a certificate of registration for the pharmacy technician before the pharmacy technician performs any tasks identified in this chapter or rules adopted pursuant to this chapter. The supervising registered pharmacist shall be responsible for the actions of the registered pharmacy technician.
(e) The certificate of registration shall be prominently displayed in an area accessible to the public in the workplace where the pharmacy technician is employed or practices.
(f) If the registered pharmacy technician is suspected to have violated any law or regulation regarding the practice of pharmacy, legend drugs, or controlled substances or if there is evidence that a registered pharmacy technician may have violated any such law or regulation, the pharmacist-in-charge shall notify the board, in writing, within ten days or, if any danger to the public health or safety exists, immediately. Any other registered pharmacist, whether or not practicing in the same pharmacy, who has such knowledge or suspicion shall notify the board, in writing, within ten days or, if any danger to the public health or safety exists, immediately."
SECTION 2. Section 461-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
"Auxiliary pharmacy personnel" means a person who works in a pharmacy assisting a registered pharmacist and registered pharmacist technicians and who may perform the following tasks:
(1) Retrieval tasks such as retrieving prescriptions or files;
(2) Clerical tasks such as data entry, typing labels, and maintaining patient profiles;
(3) Tasks such as selling prescriptions, telephoning, filing, and typing;
(4) Accounting tasks such as recordkeeping, maintaining accounts receivables, third-party billing and posting;
(5) Inventory control tasks such as monitoring, pricing, dating, invoicing, stocking pharmacy, and preparation of purchase orders; and
(6) Custodial tasks such as helping maintain a clean and orderly pharmacy.
"Registered pharmacy technician" means a person, exclusive of pharmacy interns and auxiliary pharmacy personnel, registered with the board who may, in addition to the tasks of an auxiliary pharmacy personnel, perform filling, packaging, manipulative, repetitive, or other nondiscretionary tasks, and tasks specified in section 461-11.4, only while assisting and while under the direct supervision and control of a pharmacist.
"Supervision" means the direction and oversight of a registered pharmacy technician or pharmacy intern by a physically present, responsible registered pharmacist at all times when either party performs acts specified in this chapter or rules adopted pursuant to this chapter."
SECTION 3. Section 461-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other powers and duties authorized by law, the board:
(1) Shall adopt, amend, and repeal rules pursuant to chapter 91, as it deems proper for the purposes of this chapter, Public Law 100-293, and title 21 Code of Federal Regulations part 205;
(2) Shall examine, license, reinstate, and renew the licenses of qualified applicants for registered pharmacists and wholesale prescription drug distributors, issue certificates of registration for registered pharmacy technicians, and issue and renew permits to operate pharmacies;
(3) May require the inspection of any wholesale prescription drug distributor premises in the State to ensure compliance with this chapter and rules adopted under this chapter, or may require an applicant for a pharmacy license to submit a statement that the premises, including but not limited to security and sanitation, are in conformance with the board's requirements and that the applicant possesses the reference materials and technical clinical equipment and supplies as may be specified in rules adopted under this chapter;
(4) May fine, suspend, or revoke any license, registration, or permit for any cause prescribed by this chapter, or for any violation of the rules adopted under this chapter, and refuse to grant or renew any license, registration, or permit for any cause which would be ground for revocation or suspension of a license, registration, or permit;
(5) May deny a license to any applicant who has been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order of disciplinary action taken pursuant to this paragraph shall be a matter of public record; and
(6) May approve pilot
and demonstration research projects for innovative applications in the practice
of pharmacy; provided that the projects shall not include therapeutic
substitution or substitution of a medical device used in patient care; provided
further that nothing in this paragraph shall be construed to expand the
definition of "practice of pharmacy" [as defined] under
section 461-1. The board may also:
(A) Approve a provision that grants an exception to any rule adopted under this paragraph;
(B) Extend the time an exception to a rule is granted, as may be necessary for the board to adopt an amendment or modification to the rule;
(C) Condition approval of a project upon compliance with this section and any rules adopted under this section; and
(D) Rescind approval and terminate a project if, at any time, a project fails to protect public health or welfare."
SECTION 4. Section 461-5, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"§461-5 [Qualifications] Registered
pharmacists; qualifications for license."
SECTION 5. Section 461-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) All licenses and permits issued by the
board, except temporary licenses issued under section 461-7, shall be renewed
biennially on or before December 31 of each odd-numbered year. Failure to pay the biennial fee and[,
beginning with the renewal for the licensing biennium commencing on January 1,
2008,] to satisfy the continuing education requirement on or before
December 31 of each odd-numbered year, shall constitute a forfeiture of the
license as of the date of expiration. Failure
to pay the biennial fee on or before December 31 of each odd-numbered year
shall constitute a forfeiture of the permit as of the date of expiration.
(b) Any license or permit forfeited pursuant to subsection (a) may be restored within three years upon payment of any penalty fee, the current biennial fees, and the renewal fee for the next biennium, if applicable, upon submission of proof of compliance with the continuing education requirement for the prior biennium, and upon meeting any other requirements specified in rules adopted pursuant to chapter 91."
SECTION 6. Section 461-9, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) No person shall practice as a pharmacy intern
without having first obtained a permit from the board. The board shall adopt rules pursuant to
chapter 91 defining the functions of a pharmacy intern, establishing the
requirements to be met by an applicant for a pharmacy intern permit, and
specifying the duration of the permit and the procedures for the immediate
supervision of the pharmacy intern by a registered pharmacist[.];
provided that the supervising registered pharmacist shall supervise the actions
of the pharmacy intern.
(c)
A registered pharmacy technician may be employed to [assist
the registered] perform filling, packaging, manipulative, repetitive, or
other nondiscretionary tasks, and tasks specified in section 461-11.4, only
while assisting and while under the direct supervisions and control of a
pharmacist and under rules adopted by the board pursuant to chapter 91 [that
define the qualifications and functions of the pharmacy technician and provide
the procedures for control and supervision by a registered pharmacist]."
SECTION 7. Section 461-11.4, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:
"(a) A pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist may administer a vaccine to a person three years of age or older; provided that:
(1) The vaccine is authorized or approved by the United States Food and Drug Administration;
(2) The vaccine has been ordered by a registered pharmacist and administered in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services;
(3) The pharmacy intern has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency responses to vaccines;
(4) The registered pharmacy technician has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique;
(5) The registered pharmacy technician has a Certified Pharmacy Technician certification from either the Pharmacy Technician Certification Board or National Healthcareer Association;
(6) The registered pharmacist, pharmacy intern, or registered pharmacy technician has a current certificate in basic cardiopulmonary resuscitation;
(7) The registered pharmacist or registered pharmacy technician has completed a minimum of two credit hours in immunization-related continuing education courses during each licensing biennium;
(8) The registered pharmacist is in compliance with all applicable recordkeeping and reporting requirements, including complying with adverse events reporting requirements;
(9) The registered pharmacist, pharmacy intern, or registered pharmacy technician has reviewed the patient's vaccination records before administering the vaccine;
(10) The registered pharmacist has informed the patient and the patient's primary guardian or caregiver of the importance of a well-child visit with a pediatrician or other licensed primary care provider and has referred the patient as appropriate; and
(11) Where a prescription has been ordered by a person other than the registered pharmacist, the registered pharmacist, pharmacy intern, or registered pharmacy technician shall verify that the prescriber or the prescriber's authorized agent is the patient's medical home.
(b) After the vaccination is administered, the registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall immediately provide to the patient a vaccination record including the following information:
(1) The patient's name and date of birth;
(2) The type of vaccine administered; and
(3) The date and location that the vaccine was administered.
(c) The registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall make a good faith effort to provide within seventy-two hours to the medical home and within five business days to the department of health immunization registry the same information provided to the patient pursuant to subsection (b) as well as the following:
(1) The name of the vaccine product that was administered, including the manufacturer, lot number, and expiration date;
(2) The method of administration; and
(3) The anatomical site of administration.
(d) All pharmacy interns or registered pharmacy technicians who administer vaccines to persons three years of age or older shall complete the training program required by subsection (a) and submit the completion certificate for the training program to the board before administering any vaccine to persons three years of age or older."
SECTION 8. Section 461-21, Hawaii Revised Statutes, is amended to read as follows:
"§461-21 Disciplinary action. (a) In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license, registration, or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee, registrant, or permit holder for any cause authorized by law, including but not limited to the following:
(1) Procuring a license or registration through fraud, misrepresentation, or deceit;
(2) Professional misconduct, gross carelessness, or manifest incapacity;
(3) Permitting an unlicensed or unregistered person to perform activities that require a license or registration under this chapter;
(4) Violation of any of the provisions of this chapter or the rules adopted pursuant thereto;
(5) Violation of any state or federal drug, controlled substance, or poison law;
(6) False, fraudulent, or deceptive advertising;
(7) Any other conduct constituting fraudulent or dishonest dealings;
(8) Failure to comply with a board order;
(9) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;
(10) Habitual intemperance or addiction to the use of habit-forming drugs;
(11) Administering a vaccine, including a human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine, without complying with section 461-11.4; or
(12) Prescribing or dispensing contraceptive supplies without complying with section 461-11.6.
(b)
Any person who violates any of the provisions of this chapter or the
rules adopted pursuant [thereto] to this chapter shall be fined
not less than $100 nor more than $1,000 for each violation.
(c) All proceedings for denial, suspension, fine, or revocation of a license, registration, or permit on any grounds specified in subsection (a) shall be conducted pursuant to chapter 91, including the right of judicial review."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 3000.
Report Title:
Registered Pharmacy Technicians; Registration; Pharmacists-in-charge; Supervision
Description:
Beginning 1/1/2026, requires pharmacy technicians to be registered. Imposes a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
72 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to pharmacy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§461- Registered pharmacy technicians; registration required. (a) Beginning January 1, 2026, no person shall act as a pharmacy technician without first obtaining a valid registration issued by the board pursuant to this section.
(b) Each registration shall be valid through December 31 of each odd-numbered year, upon which the registration shall lapse and a new registration shall be required.
(c) The registration fee for a pharmacy technician shall be $20.
(d) Beginning January 1, 2026, a pharmacy shall only employ registered pharmacy technicians to perform pharmacy technician duties. The pharmacist-in-charge shall determine that the person is registered as a pharmacy technician and that the board has issued a certificate of registration for the pharmacy technician before the pharmacy technician performs any tasks identified in this chapter or rules adopted pursuant to this chapter. The supervising registered pharmacist shall be responsible for the actions of the registered pharmacy technician.
(e) The certificate of registration shall be prominently displayed in an area accessible to the public in the workplace where the pharmacy technician is employed or practices.
(f) If the registered pharmacy technician is suspected to have violated any law or regulation regarding the practice of pharmacy, legend drugs, or controlled substances or if there is evidence that a registered pharmacy technician may have violated any such law or regulation, the pharmacist-in-charge shall notify the board, in writing, within ten days or, if any danger to the public health or safety exists, immediately. Any other registered pharmacist, whether or not practicing in the same pharmacy, who has such knowledge or suspicion shall notify the board, in writing, within ten days or, if any danger to the public health or safety exists, immediately."
SECTION 2. Section 461-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Registered pharmacy technician" means a person, exclusive of pharmacy interns, registered with the board who is utilized in pharmacies and whose responsibilities are to provide nonjudgmental technical services concerned with the preparation for dispensing of drugs under the direct supervision and responsibility of a registered pharmacist.
"Supervision" means the observation, direction, and overseeing of a registered pharmacy technician or pharmacy intern by a physically present, responsible registered pharmacist at all times when either party performs acts specified in this chapter or rules adopted pursuant to this chapter."
SECTION 3. Section 461-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other powers and duties authorized by law, the board:
(1) Shall adopt, amend, and repeal rules pursuant to chapter 91, as it deems proper for the purposes of this chapter, Public Law 100-293, and title 21 Code of Federal Regulations part 205;
(2) Shall examine, license, reinstate, and renew the licenses of qualified applicants for registered pharmacists and wholesale prescription drug distributors, issue certificates of registration for registered pharmacy technicians, and issue and renew permits to operate pharmacies;
(3) May require the inspection of any wholesale prescription drug distributor premises in the State to ensure compliance with this chapter and rules adopted under this chapter, or may require an applicant for a pharmacy license to submit a statement that the premises, including but not limited to security and sanitation, are in conformance with the board's requirements and that the applicant possesses the reference materials and technical clinical equipment and supplies as may be specified in rules adopted under this chapter;
(4) May fine, suspend, or revoke any license, registration, or permit for any cause prescribed by this chapter, or for any violation of the rules adopted under this chapter, and refuse to grant or renew any license, registration, or permit for any cause which would be ground for revocation or suspension of a license, registration, or permit;
(5) May deny a license to any applicant who has been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order of disciplinary action taken pursuant to this paragraph shall be a matter of public record; and
(6) May approve pilot and demonstration research
projects for innovative applications in the practice of pharmacy; provided that
the projects shall not include therapeutic substitution or substitution of a
medical device used in patient care; provided further that nothing in this
paragraph shall be construed to expand the definition of "practice of
pharmacy" [as defined] under section 461-1. The board may also:
(A) Approve a provision that grants an exception to any rule adopted under this paragraph;
(B) Extend the time an exception to a rule is granted, as may be necessary for the board to adopt an amendment or modification to the rule;
(C) Condition approval of a project upon compliance with this section and any rules adopted under this section; and
(D) Rescind approval and terminate a project if, at any time, a project fails to protect public health or welfare."
SECTION 4. Section 461-5, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"§461-5
[Qualifications] Registered pharmacists; qualifications
for license."
SECTION 5. Section 461-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) All licenses and permits issued by the
board, except temporary licenses issued under section 461-7, shall be renewed
biennially on or before December 31 of each odd-numbered year. Failure to pay the biennial fee and[,
beginning with the renewal for the licensing biennium commencing on January 1,
2008,] to satisfy the continuing education requirement on or before
December 31 of each odd-numbered year, shall constitute a forfeiture of the
license as of the date of expiration. Failure
to pay the biennial fee on or before December 31 of each odd-numbered year
shall constitute a forfeiture of the permit as of the date of expiration.
(b) Any license or permit forfeited pursuant to subsection (a) may be restored within three years upon payment of any penalty fee, the current biennial fees, and the renewal fee for the next biennium, if applicable, upon submission of proof of compliance with the continuing education requirement for the prior biennium, and upon meeting any other requirements specified in rules adopted pursuant to chapter 91."
SECTION 6. Section 461-9, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) No person shall practice as a pharmacy intern
without having first obtained a permit from the board. The board shall adopt rules pursuant to
chapter 91 defining the functions of a pharmacy intern, establishing the
requirements to be met by an applicant for a pharmacy intern permit, and
specifying the duration of the permit and the procedures for the immediate
supervision of the pharmacy intern by a registered pharmacist[.];
provided that the supervising registered pharmacist shall supervise the actions
of the pharmacy intern.
(c) A registered pharmacy technician may be employed to assist the registered pharmacist under rules adopted by the board pursuant to chapter 91 that define the qualifications and functions of the registered pharmacy technician and provide the procedures for control and supervision by a registered pharmacist."
SECTION 7. Section 461-11.4, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:
"(a) A pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist may administer a vaccine to a person three years of age or older; provided that:
(1) The vaccine is authorized or approved by the United States Food and Drug Administration;
(2) The vaccine has been ordered by a registered pharmacist and administered in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services;
(3) The pharmacy intern has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency responses to vaccines;
(4) The registered pharmacy technician has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique;
(5) The registered pharmacy technician has a Certified Pharmacy Technician certification from either the Pharmacy Technician Certification Board or National Healthcareer Association;
(6) The registered pharmacist, pharmacy intern, or registered pharmacy technician has a current certificate in basic cardiopulmonary resuscitation;
(7) The registered pharmacist or registered pharmacy technician has completed a minimum of two credit hours in immunization-related continuing education courses during each licensing biennium;
(8) The registered pharmacist is in compliance with all applicable recordkeeping and reporting requirements, including complying with adverse events reporting requirements;
(9) The registered pharmacist, pharmacy intern, or registered pharmacy technician has reviewed the patient's vaccination records before administering the vaccine;
(10) The registered pharmacist has informed the patient and the patient's primary guardian or caregiver of the importance of a well-child visit with a pediatrician or other licensed primary care provider and has referred the patient as appropriate; and
(11) Where a prescription has been ordered by a person other than the registered pharmacist, the registered pharmacist, pharmacy intern, or registered pharmacy technician shall verify that the prescriber or the prescriber's authorized agent is the patient's medical home.
(b) After the vaccination is administered, the registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall immediately provide to the patient a vaccination record including the following information:
(1) The patient's name and date of birth;
(2) The type of vaccine administered; and
(3) The date and location that the vaccine was administered.
(c) The registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall make a good faith effort to provide within seventy-two hours to the medical home and within five business days to the department of health immunization registry the same information provided to the patient pursuant to subsection (b) as well as the following:
(1) The name of the vaccine product that was administered, including the manufacturer, lot number, and expiration date;
(2) The method of administration; and
(3) The anatomical site of administration.
(d) All pharmacy interns or registered pharmacy technicians who administer vaccines to persons three years of age or older shall complete the training program required by subsection (a) and submit the completion certificate for the training program to the board before administering any vaccine to persons three years of age or older."
SECTION 8. Section 461-21, Hawaii Revised Statutes, is amended to read as follows:
"§461-21 Disciplinary action. (a) In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license, registration, or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee, registrant, or permit holder for any cause authorized by law, including but not limited to the following:
(1) Procuring a license or registration through fraud, misrepresentation, or deceit;
(2) Professional misconduct, gross carelessness, or manifest incapacity;
(3) Permitting an unlicensed or unregistered person to perform activities that require a license or registration under this chapter;
(4) Violation of any of the provisions of this chapter or the rules adopted pursuant thereto;
(5) Violation of any state or federal drug, controlled substance, or poison law;
(6) False, fraudulent, or deceptive advertising;
(7) Any other conduct constituting fraudulent or dishonest dealings;
(8) Failure to comply with a board order;
(9) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;
(10) Habitual intemperance or addiction to the use of habit-forming drugs;
(11) Administering a vaccine, including a human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine, without complying with section 461-11.4; or
(12) Prescribing or dispensing contraceptive supplies without complying with section 461-11.6.
(b) Any person who violates any of the provisions
of this chapter or the rules adopted pursuant [thereto] this chapter
shall be fined not less than $100 nor more than $1,000 for each violation.
(c) All proceedings for denial, suspension, fine, or revocation of a license, registration, or permit on any grounds specified in subsection (a) shall be conducted pursuant to chapter 91, including the right of judicial review."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Registered Pharmacy Technicians; Registration
Description:
Beginning 1/1/2026, requires physician technicians to be registered. Imposes a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians. Specifies that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| May 27, 2025 | Act 093, on 05/27/2025 (Gov. Msg. No. 1193). |
| May 27, 2025 | Act 093, 05/27/2025 (Gov. Msg. No. 1193). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 182). |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 182) as amended in (CD 1). |
| Apr 24, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) San Buenaventura, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Apr 24, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Alcos; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Matayoshi. |
| Apr 23, 2025 | Bill scheduled for Conference Committee Meeting on Thursday, 04-24-25 3:16PM in conference room 329. |
| Apr 17, 2025 | Received notice of Senate conferees (Sen. Com. No. 826). |
| Apr 17, 2025 | Senate Conferees Appointed: San Buenaventura Chair; Keohokalole Co-Chair; Fevella. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 732). |
| Apr 14, 2025 | House Conferees Appointed: Takayama, Matayoshi, Keohokapu-Lee Loy Co-Chairs; Amato, Alcos. |
| Apr 10, 2025 | Received notice of disagreement (Hse. Com. No. 621). |
| Apr 8, 2025 | House disagrees with Senate amendment (s). |
| Apr 4, 2025 | Returned from Senate (Sen. Com. No. 567) in amended form (SD 1). |
| Apr 4, 2025 | Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 3, 2025 | One Day Notice 04-04-25. |
| Apr 3, 2025 | Reported from CPN (Stand. Com. Rep. No. 1642) with recommendation of passage on Third Reading. |
| Mar 27, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, UNAMENDED. The votes in CPN were as follows: 3 Aye(s): Senator(s) Keohokalole, Fukunaga, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) McKelvey, Richards. |
| Mar 21, 2025 | The committee(s) on CPN will hold a public decision making on 03-27-25 9:30AM; Conference Room 229 & Videoconference. |
| Mar 14, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN. |
| Mar 14, 2025 | Reported from HHS (Stand. Com. Rep. No. 1082) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN. |
| Mar 10, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 3 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Keohokalole, Fevella. |
| Mar 6, 2025 | The committee(s) on HHS has scheduled a public hearing on 03-10-25 1:00PM; Conference Room 225 & Videoconference. |
| Mar 4, 2025 | Referred to HHS, CPN. |
| Mar 4, 2025 | Passed First Reading. |
| Mar 4, 2025 | Received from House (Hse. Com. No. 80). |
| Feb 28, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick, Templo, Ward excused (4). Transmitted to Senate. |
| Feb 28, 2025 | Reported from FIN (Stand. Com. Rep. No. 948), recommending passage on Third Reading. |
| Feb 21, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 12 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Miyake, Morikawa, Templo, Reyes Oda; Ayes with reservations: none; Noes: none; and 4 Excused: Representative(s) Holt, Lee, M., Alcos, Ward. |
| Feb 19, 2025 | Bill scheduled to be heard by FIN on Friday, 02-21-25 2:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 12, 2025 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Sayama, Ward excused (3). |
| Feb 12, 2025 | Reported from CPC (Stand. Com. Rep. No. 529) as amended in HD 2, recommending referral to FIN. |
| Feb 6, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Ichiyama, Iwamoto, Kong, Lowen, Marten, Tam, Pierick; Ayes with reservations: none; Noes: none; and Excused: none. |
| Feb 4, 2025 | Bill scheduled to be heard by CPC on Thursday, 02-06-25 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Feb 4, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kong, Ward excused (3). |
| Feb 4, 2025 | Reported from HLT (Stand. Com. Rep. No. 68) as amended in HD 1, recommending passage on Second Reading and referral to CPC. |
| Jan 31, 2025 | The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Chun, Marten, Olds, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none. |
| Jan 29, 2025 | Bill scheduled to be heard by HLT on Friday, 01-31-25 9:15AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to HLT, CPC, FIN, referral sheet 1 |
| Jan 16, 2025 | Introduced and Pass First Reading. |
| Jan 13, 2025 | Prefiled. |
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Date
|
Description
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Location
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Votes
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|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 4, 2025 | Third Reading | Senate Floor |
Passed |
|
| Mar 27, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
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| Mar 10, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
Passed |
|
| Feb 28, 2025 | Third Reading | House Floor |
Passed |
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| Feb 21, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
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| Feb 6, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
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| Jan 31, 2025 | The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| Adventist Health | *** Support | Mar 27, 2025 |
| Board of Pharmacy | ** Support | |
| Daniel K. Inouye College of Pharmacy | *** Support | Mar 10, 2025 |
| Hawaiʻi Pharmacists Association | ** Support | |
| Kaiser Permanente Hawaii | *** Support | Jan 30, 2025 |
| KTA Pharmacy | *** Support | Mar 10, 2025 |
| Molokaʻi Drugs | ** Support | |
| Pharmacare Hawaii | *** Support | Feb 20, 2025 |
| Pharmacare International | *** Support | Mar 27, 2025 |
| University of Hawaiʻi System | ** Support | |
| Walgreen Co. | ** Support |
CONFERENCE COMMITTEE REP. NO. 182
Honolulu, Hawaii
, 2025
RE: H.B. No. 72
H.D. 2
S.D. 1
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 72, H.D. 2, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PHARMACY,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Beginning January 1, 2026, require that pharmacy technicians be registered with and obtain a certificate of registration issued by the Board of Pharmacy;
(2) Impose a duty on pharmacists-in-charge to report violations by registered pharmacy technicians to the Board of Pharmacy; and
(3) Specify that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns.
Your Committee on Conference has amended this measure by:
(1) Deleting the $20 registration fee for pharmacy technicians;
(2) Changing its effective date to upon approval; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 72, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 72, H.D. 2, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
|
____________________________ JOY A. SAN BUENAVENTURA Chair |
|
____________________________ GREGG TAKAYAMA Co-Chair |
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____________________________ JARRETT KEOHOKALOLE Co-Chair |
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____________________________ SCOT Z. MATAYOSHI Co-Chair |
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____________________________ SUE L. KEOHOKAPU-LEE LOY Co-Chair |
STAND. COM. REP. NO. 1642
Honolulu, Hawaii
RE: H.B. No. 72
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Commerce and Consumer Protection, to which was referred H.B. No. 72, H.D. 2, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PHARMACY,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Beginning January 1, 2026, require pharmacy technicians to be registered with and obtain a certificate of registration from the Board of Pharmacy;
(2) Impose a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians; and
(3) Specify that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns.
Your Committee received testimony in support of this measure from the University of Hawaiʻi System, Board of Pharmacy, Walgreen Co., and nine individuals.
Your Committee finds that Hawaii is the only state that does not maintain a list of practicing pharmacy technicians, leaving a significant gap in oversight that can impact patient safety. As career professionals in the health care workforce, pharmacy technicians play an essential role in the daily operation of pharmacies and perform functions under the supervision of pharmacists, including the dispensing of medications, processing insurance claims, preparing sterile compounds, and with additional certifications, administering vaccines to patients. This measure provides the regulatory oversight needed to ensure that these essential health care workers have the appropriate background and supervision, while also facilitating access to training opportunities and expanding their scope of practice through additional certifications. Your Committee therefore believes the registration of pharmacy technicians is warranted and appropriate for the level of responsibility and trust afforded by the public.
As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 72, H.D. 2, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,
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________________________________ JARRETT KEOHOKALOLE, Chair |
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STAND. COM. REP. NO. 1082
Honolulu, Hawaii
RE: H.B. No. 72
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Health and Human Services, to which was referred H.B. No. 72, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PHARMACY,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Beginning January 1, 2026, require pharmacy technicians to be registered with and obtain a certificate of registration from the Board of Pharmacy;
(2) Impose a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians; and
(3) Specify that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns.
Your Committee received testimony in support of this measure from the Board of Pharmacy; University of Hawaiʻi System; Walgreen Co.; Hawaiʻi Pharmacists Association; and five individuals.
Your Committee finds that pharmacy technicians are health care professionals working under the supervision of a pharmacist and have an essential role in the daily operation of pharmacies, including the provision of services such as dispensing medications, processing insurance claims, preparing sterile compounds such as intravenous solutions and chemotherapy, and with additional certifications, administering vaccines to patients. Your Committee further finds that Hawaii is the only state that does not maintain a list of practicing pharmacy technicians and that the registration of pharmacy technicians is warranted and appropriate for the level of responsibility and trust afforded by the public. This measure requires pharmacy technicians to be registered with the Board of Pharmacy to ensure that pharmacy technicians have the appropriate background and supervision, can receive timely communications and updates regarding relevant practice and regulation changes that impact their work, and are able to access training opportunities as the scope of practice of pharmacy technicians expands nationwide.
Your Committee has amended this measure by:
(1) Deleting language that would have required the supervision of a registered pharmacy technician by a registered pharmacist to be "direct";
(2) Deleting language from the definition of "supervision" that would have required the responsible registered pharmacist to be physically present to oversee a registered pharmacy technician or pharmacy technician performing certain acts;
(3) Inserting an effective date of December 31, 2050, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 72, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 72, H.D. 2, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.
Respectfully submitted on behalf of the members of the Committee on Health and Human Services,
|
|
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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STAND. COM. REP. NO. 948
Honolulu, Hawaii
, 2025
RE: H.B. No. 72
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 72, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PHARMACY,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the University of Hawaiʻi at Hilo; Walgreens Co.; Molokaʻi Drugs; and numerous individuals. Your Committee received comments on this measure from the Board of Pharmacy.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 72, H.D. 2, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
|
|
|
____________________________ KYLE T. YAMASHITA, Chair |
|
|
|
|
STAND. COM. REP. NO. 529
Honolulu, Hawaii
, 2025
RE: H.B. No. 72
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 72, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PHARMACY,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Require, beginning January 1, 2026, that:
(A) Pharmacy technicians be registered with the Board of Pharmacy; and
(B) Pharmacies only employ registered pharmacy technicians to perform pharmacy technician duties;
(2) Impose a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians; and
(3) Specify that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns.
Your Committee received testimony in support of this measure from the University of Hawaiʻi at Hilo; Hawaii Pharmacists Association; Walgreen Co.; KTA Pharmacy; Molokaʻi Drugs, Inc.; and seven individuals. Your Committee received comments on this measure from the Board of Pharmacy.
Your Committee finds that pharmacy technicians play an essential role in supporting pharmacists and ensuring the safe and efficient delivery of medications. Under the supervision of a pharmacist in the community setting, pharmacy technicians can fill and dispense medications, process insurance claims, and with additional training, administer vaccinations. In the hospital setting, pharmacy technicians are relied upon to support the compounding of intravenous medications and to stock medication cabinet and other medication delivery systems.
Your Committee further finds that Hawaii is the only state in the nation without an active and managed registry of practicing pharmacy technicians. This lack of oversight presents challenges in ensuring consistent training, competency, and accountability within the pharmacy technician workforce. As such, your Committee finds that the regulation of pharmacy technicians is reasonably necessary to protect the health, safety, and welfare of the consumers of this State.
Accordingly, your Committee has amended this measure by:
(1) Specifically exempting this measure from the requirements for a sunrise analysis by the Office of the Auditor; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 72, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 72, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ SCOT Z. MATAYOSHI, Chair |
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STAND. COM. REP. NO. 68
Honolulu, Hawaii
, 2025
RE: H.B. No. 72
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Health, to which was referred H.B. No. 72 entitled:
"A BILL FOR AN ACT RELATING TO PHARMACY,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Require pharmacy technicians to be registered with the Board of Pharmacy by January 1, 2026;
(2) Impose a duty on pharmacists-in-charge to report violations conducted by registered pharmacy technicians; and
(3) Specify that supervising registered pharmacists are responsible for the actions of registered pharmacy technicians and pharmacy interns.
Your Committee received testimony in support of this measure from the Daniel K. Inouye College of Pharmacy at the University of Hawaii at Hilo; KTA Pharmacy; Hawaii Pharmacists Association; and seven individuals. Your Committee received comments on this measure from Walgreen Co.
Your Committee finds that Hawaii is the only state that does not maintain a list of practicing pharmacy technicians, leaving a significant gap in oversight that can impact patient safety. Your Committee further finds that pharmacy technicians are a distinct category of health care professionals whose functions may include dispensing medications, processing insurance claims, and administering vaccines to patients. This measure will support public health and safety by ensuring pharmacy technicians have the appropriate background and supervision for their essential health care activities.
Your Committee has amended this measure by:
(1) Adding a definition of "auxiliary pharmacy personnel" for personnel that may be at the pharmacy, but whose duties are clerical in nature and excluding these individuals from the definition of "pharmacy technician";
(2) Clarifying the duties of registered pharmacy technicians and what constitutes supervision of a registered pharmacy technician by a registered pharmacist;
(3) Changing the effective date to July 1, 3000, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 72, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 72, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committee on Health,
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____________________________ GREGG TAKAYAMA, Chair |
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Date
|
Testimony PDF
|
|---|---|
| Mar 27, 2025 | HB72_SD1_TESTIMONY_CPN_03-27-25_.PDF |
| Mar 10, 2025 | HB72_HD2_TESTIMONY_HHS_03-10-25_.PDF |
| Feb 20, 2025 | HB72_HD2_TESTIMONY_FIN_02-21-25_.PDF |
| Feb 6, 2025 | HB72_HD1_TESTIMONY_CPC_02-06-25_.PDF |
| Jan 30, 2025 | HB72_TESTIMONY_HLT_01-31-25_.PDF |
Discussed in Hearing
3MIN
Conference Committee
1MIN
Senate Standing Committee on Health and Human Services
3MIN
House Standing Committee on Finance
4MIN
House Standing Committee on Consumer Protection & Commerce
5MIN
House Standing Committee on Health
5MIN
House Standing Committee on Human Services & Homelessness
Bill Author
Bill Co-Author(s):
