| 47 | | - | SECTION 1. The legislature finds that prescription drugs may not be dispensed unless the label of the container identifies the drug prescribed and provides other specific information that is considered essential for public health and safety. Nonetheless, individuals may often have difficulty reading the labels on the prescription drug containers due to disability or age, including persons with low vision or blindness. Difficulty in reading the labels on prescription drug containers may affect as many as sixty thousand residents in the State. The legislature further finds that certain technology provides the prescription drug label information in alternate formats that are more accessible to persons who have difficulty seeing or reading standard printed labels on prescription drug containers. Accordingly, the purpose of this Act is to: (1) Require pharmacies to: (A) Provide accessible prescription drug label information to individuals who have difficulty seeing or reading standard printed labels on prescription drug containers; and (B) Make sustained, periodic, and reasonable efforts to inform the public that prescription drug label information is available in alternate accessible formats for individuals who have difficulty seeing or reading standard printed labels on prescription drug containers; and (2) Require the board of pharmacy to adopt certain rules necessary for the purposes of this Act before December 31, 2023. SECTION 2. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§461- Pharmacies; prescription drug label information; accessibility. (a) When dispensing a prescription drug to an individual who, as acknowledged by the individual, has difficulty seeing or reading standard printed prescription drug container labels, the dispensing pharmacy shall provide the individual with a means of access to obtain the prescription drug label information required pursuant to section 328-16(a). Specifically, the dispensing pharmacy shall: (1) Include an electronic label affixed to the container of the prescription drug that transmits prescription drug label information, directions, and written instructions to an end-user's external accessible device, including an individual's compatible prescription drug reader; or (2) Provide a prescription drug reader at no cost to the individual. (b) Dispensing pharmacies shall make sustained, periodic, and reasonable efforts to inform the public that prescription drug label information is available in accessible formats for individuals who have difficulty seeing or reading standard printed labels on prescription drug containers. (c) Dispensing pharmacies shall otherwise follow the best practices as recommended by the United States Access Board for pharmacies in providing independent access to prescription drug label information." SECTION 3. Section 461-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows: ""End-user's external accessible device" means a commercially available computer, mobile phone, or other communications device that is able to receive electronic information transmitted from an external source and provide the electronic information in a form and format accessible to the individual. "Prescription drug reader" means a dedicated electronic device that is able to obtain information from an electronic label affixed to a container of prescription drugs and provide the information in an audio format accessible to the individual." SECTION 4. No later than December 31, 2023, the board of pharmacy shall adopt rules necessary to carry out the purposes of this Act. The rules adopted shall allow the board of pharmacy to deny, revoke, or suspend a pharmacy license or impose a fine not to exceed $1,000 per violation for failure to comply with the purposes of this Act. SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect on December 31, 2050. |
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| 47 | + | SECTION 1. The legislature finds that prescription drugs may not be dispensed unless the label of the container identifies the drug prescribed and provides other specific information that is considered essential for public health and safety. Nonetheless, individuals may often have difficulty reading the labels on the prescription drug containers due to disability or age, including persons with low vision or blindness. Difficulty in reading the labels on prescription drug containers may affect as many as sixty thousand residents in the State. The legislature further finds that certain technology provides the prescription drug label information in alternate formats that are more accessible to persons who have difficulty seeing or reading standard printed labels on prescription drug containers. Accordingly, the purpose of this Act is to: (1) Require pharmacies to: (A) Provide accessible prescription drug label information to individuals who have difficulty seeing or reading standard printed labels on prescription drug containers; and (B) Make sustained, periodic, and reasonable efforts to inform the public that prescription drug label information is available in alternate accessible formats for individuals who have difficulty seeing or reading standard printed labels on prescription drug containers; and (2) Require the board of pharmacy to adopt certain rules necessary for the purposes of this Act before December 31, 2023. SECTION 2. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§461- Pharmacies; prescription drug label information; accessibility. (a) When dispensing a prescription drug to an individual who, as acknowledged by the individual, has difficulty seeing or reading standard printed prescription drug container labels, the dispensing pharmacy shall provide the individual with a means of access to obtain the prescription drug label information required pursuant to section 328-16(a). Specifically, the dispensing pharmacy shall: (1) Include an electronic label affixed to the container of the prescription drug that transmits prescription drug label information, directions, and written instructions to an end-user's external accessible device, including an individual's compatible prescription drug reader; or (2) Provide a prescription drug reader at no cost to the individual. (b) Dispensing pharmacies shall make sustained, periodic, and reasonable efforts to inform the public that prescription drug label information is available in accessible formats for individuals who have difficulty seeing or reading standard printed labels on prescription drug containers. (c) Dispensing pharmacies shall otherwise follow the best practices and recommendations of the United States Access Board for pharmacies in providing independent access to prescription drug label information." SECTION 3. Section 461-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows: ""End-user's external accessible device" means a commercially available computer, mobile phone, or other communications device that is able to receive electronic information transmitted from an external source and provide the electronic information in a form and format accessible to the individual. "Prescription drug reader" means a dedicated electronic device that is able to obtain information from an electronic label affixed to a container of prescription drugs and provide the information in an audio format accessible to the individual." SECTION 4. No later than December 31, 2023, the board of pharmacy shall adopt rules necessary to carry out the purposes of this Act. The rules adopted shall allow the board of pharmacy to deny, revoke, or suspend a pharmacy license or impose a fine not to exceed $1000 per violation for failure to comply with the purposes of this Act. SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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