SB 1279: Telepharmacy; Pharmacists; Medically Underserved Patients

A BILL FOR AN ACT

RELATING TO PHARMACISTS.

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-     Telepharmacy; limited authorization for medically underserved patients.  (a)  A registered pharmacist who is under contract with a covered entity may oversee the filling or receipt of a prescription for sale or distribution via telehealth by way of an interactive telecommunication system if:

     (1)  The patient for whom the medication is prescribed is located at a facility operated by the covered entity;

     (2)  The covered entity obtained a pharmacy license for, or applied for the relocation of a pharmacy license to, that facility; and

     (3)  The contracted pharmacist is not located at that facility.

     (b)  For the purposes of this section:

     "Covered entity" has the same meaning as defined in section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b).

     "Interactive telecommunications system" has the same meaning as defined in title 42 Code of Federal Regulations section 410.78(a).

     "Telehealth" means the use of telecommunications services, as defined in section 269-1, including real-time audio and video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site."

     SECTION 2.  Section 461-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A registered pharmacist shall be in personal and immediate charge of the pharmacy and personnel employed in the pharmacy.  Temporary absences of the registered pharmacist shall be unlawful except for periods of time and under circumstances as authorized under the rules of the board.  [During] Except as provided in section 461-  , during any absence of the registered pharmacist, prescriptions may not be filled, compounded, or received by telephone and no drugs shall be sold; provided that this shall not preclude the sale at those times of things that might be sold were the pharmacy a store not subject to this chapter.  No person other than a registered pharmacist or a pharmacy intern under the registered pharmacist's immediate supervision shall fill or compound prescriptions except as provided by subsection (c)[.] and section 461-  ."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Telepharmacy; Pharmacists; Medically Underserved Patients

Description:

Authorizes a registered pharmacist under contract with a covered entity for purposes of the federal 340B Drug Pricing Program to supervise the filling or receipt of a prescription via telehealth in certain circumstances.  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.

A BILL FOR AN ACT

RELATING TO PHARMACISTS.

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-    Telepharmacy; limited authorization for medically underserved patients.  (a)  A registered pharmacist who is under contract with a covered entity may oversee the filling or receipt of a prescription for sale or distribution via telehealth by way of an interactive telecommunication system if:

     (1)  The patient for whom the medication is prescribed is located at a facility operated by the covered entity;

     (2)  The covered entity obtained a pharmacy license for, or applied for the relocation of a pharmacy license to, that facility; and

     (3)  The contracted pharmacist is not located at that facility.

     (b)  For the purposes of this section:

     "Covered entity" has the same meaning as defined in section 340B(a)(4) of the Public Health Service Act (42 U.S.C. section 256b).

     "Interactive telecommunications system" has the same meaning as defined in title 42 Code of Federal Regulations section 410.78(a).

     "Telehealth" means the use of telecommunications services, as defined in section 269-1, including real-time audio and video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site."

     SECTION 2.  Section 461-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A registered pharmacist shall be in personal and immediate charge of the pharmacy and personnel employed in the pharmacy.  Temporary absences of the registered pharmacist shall be unlawful except for periods of time and under circumstances as authorized under the rules of the board.  [During] Except as provided in section 461-  , during any absence of the registered pharmacist, prescriptions may not be filled, compounded, or received by telephone and no drugs shall be sold; provided that this shall not preclude the sale at those times of things that might be sold were the pharmacy a store not subject to this chapter.  No person other than a registered pharmacist or a pharmacy intern under the registered pharmacist's immediate supervision shall fill or compound prescriptions except as provided by subsection (c)[.] and section 461-  ."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

Telepharmacy; Pharmacists; Medically Underserved Patients

Description:

Authorizes a registered pharmacist under contract with a covered entity for purposes of the federal 340B Drug Pricing Program to supervise via telehealth the filling or receipt of a prescription in certain circumstances.  Effective 7/1/2050.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PHARMACISTS.

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-    Telepharmacy; limited authorization for medically underserved patients.  (a)  A registered pharmacist who is under contract with a covered entity may oversee the filling or receipt of a prescription for sale or distribution via telehealth by way of an interactive telecommunication system if:

     (1)  The patient for whom the medication is prescribed is located at a facility operated by the covered entity;

     (2)  The covered entity obtained a pharmacy license for, or applied for the relocation of a pharmacy license to, that facility; and

     (3)  The contracted pharmacist is not located at that facility.

     (b)  For purposes of this section:

     "Covered entity" has the same meaning as defined in section 340B(a)(4) of the Public Health Service Act (42 United States Code section 256b).

     "Interactive telecommunications system" has the same meaning as defined in title 42 Code of Federal Regulations section 410.78(a).

     "Telehealth" means the use of telecommunications services, as defined in section 269-1, including real-time audio and video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site."

     SECTION 2.  Section 461-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A registered pharmacist shall be in personal and immediate charge of the pharmacy and personnel employed in the pharmacy.  Temporary absences of the registered pharmacist shall be unlawful except for periods of time and under circumstances as authorized under the rules of the board.  [During] Except as provided in section 461-   , during any absence of the registered pharmacist, prescriptions may not be filled, compounded, or received by telephone and no drugs shall be sold; provided that this shall not preclude the sale at those times of things that might be sold were the pharmacy a store not subject to this chapter.  No person other than a registered pharmacist or a pharmacy intern under the registered pharmacist's immediate supervision shall fill or compound prescriptions except as provided by subsection (c)[.] and section 461-   ."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Telepharmacy; Pharmacists; Medically Underserved Patients

Description:

Authorizes a registered pharmacist under contract with a covered entity for purposes of the federal 340B Drug Pricing Program to supervise via telehealth the filling or receipt of a prescription in certain circumstances.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to pharmacISTS.

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-     Telepharmacy; limited authorization for medically underserved patients.  (a)  A registered pharmacist who is under contract with a covered entity may oversee the filling or receipt of a prescription for sale or distribution via telehealth by way of an interactive telecommunication system if:

     (1)  The patient for whom the medication is prescribed is located at a facility operated by the covered entity;

     (2)  The covered entity obtained a pharmacy license for, or applied for the relocation of a pharmacy license to, that facility; and

     (3)  The contracted pharmacist is not located at that facility.

     (b)  For purposes of this section:

     "Covered entity" has the same meaning as defined in section 340B(a)(4) of the Public Health Service Act (42 United States Code section 256b, et seq.).

     "Interactive telecommunications system" has the same meaning as defined in title 42 Code of Federal Regulations section 410.78(a).

     "Telehealth" means the use of telecommunications services, as defined in section 269-1, including real-time audio and video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site."

     SECTION 2.  Section 461-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A registered pharmacist shall be in personal and immediate charge of the pharmacy and personnel employed in the pharmacy.  Temporary absences of the registered pharmacist shall be unlawful except for periods of time and under circumstances as authorized under the rules of the board.  [During] Except as provided in section 461-   , during any absence of the registered pharmacist, prescriptions may not be filled, compounded, or received by telephone and no drugs shall be sold; provided that this shall not preclude the sale at those times of things that might be sold were the pharmacy a store not subject to this chapter.  No person other than a registered pharmacist or a pharmacy intern under the registered pharmacist's immediate supervision shall fill or compound prescriptions except as provided by subsection (c)[.] and section 461-   ."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Telepharmacy; Pharmacists; Medically Underserved Patients

Description:

Authorizes a registered pharmacist under contract with a covered entity for purposes of the federal 340B Drug Pricing Program to supervise via telehealth the filling or receipt of a prescription in certain circumstances.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1971

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1279

      S.D. 2

      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 Consumer Protection & Commerce, to which was referred S.B. No. 1279, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PHARMACISTS,"

begs leave to report as follows:

     The purpose of this measure is to authorize pharmacists under contract with covered entities under the federal 340B Drug Pricing Program to supervise the filling or receipt of a prescription via telehealth under certain circumstances.

     Your Committee received testimony in support of this measure from the Department of Corrections and Rehabilitation; AARP Hawaiʻi; American Cancer Society Cancer Action Network; Hawaii Primary Care Association; Alzheimer's Association - Hawaii; Grassroot Institute of Hawaii; Hawaiʻi Psychological Association; and one individual.  Your Committee received testimony in opposition to this measure from the Board of Pharmacy; Pūlama Lānaʻi; Molokaʻi Drugs, Inc.; and three individuals.

     Your Committee finds that existing law requires a registered pharmacist to be physically present at the site where a prescription is filled or received for distribution to a consumer.  Due to a combination of factors, including geographic isolation, the lack of health care professionals, and relatively small populations of rural communities, certain health care organizations are unable to have a registered pharmacist be constantly present at the site.

     Your Committee further finds that, under the federal 340B Drug Pricing Program, certain health care organizations receive discounts on prescription drugs and are required to pass those savings off to consumers.  However, for small organizations, it is not cost-effective to employ a registered pharmacist on a full-time basis, which endangers the timely provision of medications to the organization's patients.  This measure will provide relief from the physical presence requirement to allow rural health care organizations to properly serve their patients.

     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 S.B. No. 1279, S.D. 2, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  1419

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1279

      S.D. 2

      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 S.B. No. 1279, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PHARMACISTS,"

begs leave to report as follows:

     The purpose of this measure is to authorize pharmacists under contract with covered entities under the federal 340B Drug Pricing Program to supervise the filling or receipt of a prescription via telehealth under certain circumstances.  

     Your Committee received testimony in support of this measure from the Department of Corrections and Rehabilitation; Hawai‘i Primary Care Association; American Cancer Society Cancer Action Network; Grassroot Institute of Hawaii; AlohaCare; Alzheimer's Association-Hawaii; AARP Hawai‘i; and one individual.  Your Committee received testimony in opposition to this measure from the Board of Pharmacy; Rainbow Pharmacy Lanai; and Moloka‘i Drugs, Inc.  

     Your Committee finds that under the federal 340B Drug Pricing Program (340B Program), certain health care organizations are able to receive discounts on prescription drugs.  However, in order to receive these discounts, the health care organization must either operate a pharmacy at the location where the prescriptions are filled for distribution or contract with a participating third-party pharmacy to fill and distribute the medications.  Your Committee further finds that some neighbor island health care organizations are too small to make employing a full-time pharmacists cost effective.  As a result, if the retail pharmacies in those areas choose to not participate in the 340B Program, these health care organizations must contract with off-island pharmacies to fill prescriptions, resulting in delays in patient care.  Your Committee believes that authorizing pharmacists to supervise the filling and receipt of prescriptions via telehealth, under certain circumstances, will improve health outcomes in the State's medically underserved areas and ensure patients receive their prescription medication in a timely fashion.  Your Committee wishes to encourage community health centers to engage with area pharmacies utilizing the 340B Program to the fullest extent possible to offer in-person pharmacy services.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment 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 S.B. No. 1279, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1279, S.D. 2, 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,

STAND. COM. REP. NO. 741

Honolulu, Hawaii

RE:    S.B. No. 1279

       S.D. 2

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 S.B. No. 1279, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PHARMACISTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize registered pharmacists contracted with covered entities under the federal 340B Drug Pricing Program to supervise via telehealth the filling or receipt of prescriptions in certain circumstances.

     Your Committee received testimony in support of this measure from the Hawaiʻi Primary Care Association, American Cancer Society Cancer Action Network, AARP Hawaiʻi, Alzheimer's Association, Grassroot Institute of Hawaii, Lānaʻi Community Health Center, and two individuals.

     Your Committee received comments on this measure from the Board of Pharmacy.

     Your Committee finds that providing pharmacy services via telehealth has been crucial in expanding access to affordable health care, especially for vulnerable populations in rural communities.  The benefits of telehealth pharmacy services were demonstrated by the success of the Lanai Community Health Center's Tele Pharmacy Pilot Project, which allowed over one thousand patients, who otherwise waited for mail-order refills, to receive their medications more quickly.  This measure allows the expertise and licensure of the State's limited number of pharmacists to be more broadly applied to suit the nature of an island-state through the remote supervision of filling and refilling prescribed medications.  Tele-pharmacy services will directly benefit consumers, especially those in the State's isolated and underserved communities.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (2)  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 Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1279, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1279, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

STAND. COM. REP. NO. 516

Honolulu, Hawaii

RE:    S.B. No. 1279

       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 S.B. No. 1279 entitled:

"A BILL FOR AN ACT RELATING TO PHARMACISTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize a registered pharmacist under contract with a covered entity for purposes of the federal 340B Drug Pricing Program to supervise via telehealth the filling or receipt of a prescription in certain circumstances.

     Your Committee received testimony in support of this measure from the Department of Corrections and Rehabilitation, American Cancer Society Cancer Action Network, AARP Hawaiʻi, Grassroot Institute of Hawaii, Alzhemier's Association-Hawaii, American Diabetes Association, and two individuals.

     Your Committee received comments on this measure from the Board of Pharmacy.

     Your Committee finds that telepharmacy can expand the accessibility and affordability of prescription drugs to vulnerable populations and rural communities throughout the State.  Your Committee further finds that the Lanai Community Health Center's (LCHC's) Tele Pharmacy Pilot Project successfully demonstrated a prototype for other remote communities or areas in the State facing health care provider shortages.  Under the Project, a licensed pharmacist located on the island of Maui was able to supervise LCHC staff via telehealth technology with the filling and dispensing of prescriptions to patients at the LCHC campus.  This measure expands access to pharmacy services through tele pharmacy for medically underserved populations.

     Your Committee has amended this measure by 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 S.B. No. 1279, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1279, 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,