Hawaii 2024 Regular Session

Hawaii Senate Bill SB1394 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1394 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO METHADONE TREATMENT PROGRAMS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1394
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1394
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO METHADONE TREATMENT PROGRAMS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 329-40, Hawaii Revised Statutes, is amended to read as follows: "§329-40 Methadone treatment programs. (a) Notwithstanding any other provision of law to the contrary, methadone may be administered or dispensed or both as part of a state-registered and federal Substance Abuse and Mental Health Services Administration approved methadone treatment program by a practitioner who is licensed and registered under state and federal law to administer and dispense methadone for patients or by an agent of the practitioner, supervised by and under the order of the practitioner. The agent must be a pharmacist, registered nurse, or licensed practical nurse. The licensed practitioner shall be responsible for the amounts of methadone administered or dispensed in accordance with Substance Abuse and Mental Health Services Administration regulations and shall record, approve, and countersign all changes in dosage schedules. (b) Registration of a methadone treatment program requires that: (1) The methadone treatment program obtain a controlled substance registration from the State of Hawaii and the Drug Enforcement Administration; (2) The medical director of a methadone treatment program obtain a controlled substance registration from the State of Hawaii and the Drug Enforcement Administration at the location of the program; (3) Admission to a methadone treatment program be limited to the narcotic-dependent persons as defined in this chapter; (4) Unless otherwise stated in this chapter, admission to a methadone treatment program be in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8; (5) All medical orders including initial medication orders, all subsequent medication order changes, all changes in the frequency of take-home medication, and the prescription of additional take-home medication for emergency situations be authorized by a licensed registered physician employed by the program; (6) Only the medical director or other designated program physician authorize a patient's admission for treatment in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8; and (7) Take-home doses of methadone be dispensed to patients in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8, but shall not exceed a fourteen-day supply at any given time nor more than the maximum amount of take-homes for Levo-alphacetylmethadol (LAAM/Orlamm) that would allow a patient to be away from the clinic for dosing for more than two weeks unless authorized by the state authority. (c) Before admitting an applicant to a methadone treatment program, the medical director shall conduct a medical evaluation that requires testing as follows: (1) Laboratory test for determination of hepatitis C virus infection, unless the medical director has determined the applicant's subcutaneous veins are severely damaged to the extent that a blood specimen cannot be obtained; or (2) Waived test for determination of hepatitis C virus exposure, followed by a laboratory confirmatory test for determination of hepatitis C virus infection; (d) The program shall have policies and procedures in place for screening, and referrals for care, and curative treatment (either on-site or to external partners). The term "methadone treatment program" as used in this section means an organization or a person (including a private physician) that administers or dispenses methadone to a narcotic-dependent person for maintenance or detoxification treatment and who provides the medical and rehabilitative services required by Title 21 Code of Federal Regulations Part 291 or Title 42 Code of Federal Regulations Part 8 and is approved to do so by the State and by the United States Substance Abuse and Mental Health Services Administration, and who holds a controlled substance registration as required by this chapter and the United States Drug Enforcement Administration to use methadone for the treatment of narcotic-dependent persons. The term "narcotic-dependent person" as used in this section means an individual who physiologically needs heroin or a morphine-like drug to prevent the onset of signs of withdrawal. The term "state authority" as used in this section means the agency within the State [which] that exercises the responsibility for governing the treatment of narcotic-dependent persons with the narcotic drug methadone. The term "waived test" as used in this section means a Clinical Laboratory Improvement Amendments of 1988-waived point-of-care ("rapid") test for determination of hepatitis C infection." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
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49	49	SECTION 1. Section 329-40, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§329-40 Methadone treatment programs. (a) Notwithstanding any other provision of law to the contrary, methadone may be administered or dispensed or both as part of a state-registered and federal Substance Abuse and Mental Health Services Administration approved methadone treatment program by a practitioner who is licensed and registered under state and federal law to administer and dispense methadone for patients or by an agent of the practitioner, supervised by and under the order of the practitioner. The agent must be a pharmacist, registered nurse, or licensed practical nurse. The licensed practitioner shall be responsible for the amounts of methadone administered or dispensed in accordance with Substance Abuse and Mental Health Services Administration regulations and shall record, approve, and countersign all changes in dosage schedules.
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53	53	(b) Registration of a methadone treatment program requires that:
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55	55	(1) The methadone treatment program obtain a controlled substance registration from the State of Hawaii and the Drug Enforcement Administration;
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57	57	(2) The medical director of a methadone treatment program obtain a controlled substance registration from the State of Hawaii and the Drug Enforcement Administration at the location of the program;
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59	59	(3) Admission to a methadone treatment program be limited to the narcotic-dependent persons as defined in this chapter;
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61	61	(4) Unless otherwise stated in this chapter, admission to a methadone treatment program be in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8;
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63	63	(5) All medical orders including initial medication orders, all subsequent medication order changes, all changes in the frequency of take-home medication, and the prescription of additional take-home medication for emergency situations be authorized by a licensed registered physician employed by the program;
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65	65	(6) Only the medical director or other designated program physician authorize a patient's admission for treatment in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8; and
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67	67	(7) Take-home doses of methadone be dispensed to patients in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8, but shall not exceed a fourteen-day supply at any given time nor more than the maximum amount of take-homes for Levo-alphacetylmethadol (LAAM/Orlamm) that would allow a patient to be away from the clinic for dosing for more than two weeks unless authorized by the state authority.
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69	69	(c) Before admitting an applicant to a methadone treatment program, the medical director shall conduct a medical evaluation that requires testing as follows:
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71	71	(1) Laboratory test for determination of hepatitis C virus infection, unless the medical director has determined the applicant's subcutaneous veins are severely damaged to the extent that a blood specimen cannot be obtained; or
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73	73	(2) Waived test for determination of hepatitis C virus exposure, followed by a laboratory confirmatory test for determination of hepatitis C virus infection;
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75	75	(d) The program shall have policies and procedures in place for screening, and referrals for care, and curative treatment (either on-site or to external partners).
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77	77	The term "methadone treatment program" as used in this section means an organization or a person (including a private physician) that administers or dispenses methadone to a narcotic-dependent person for maintenance or detoxification treatment and who provides the medical and rehabilitative services required by Title 21 Code of Federal Regulations Part 291 or Title 42 Code of Federal Regulations Part 8 and is approved to do so by the State and by the United States Substance Abuse and Mental Health Services Administration, and who holds a controlled substance registration as required by this chapter and the United States Drug Enforcement Administration to use methadone for the treatment of narcotic-dependent persons.
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79	79	The term "narcotic-dependent person" as used in this section means an individual who physiologically needs heroin or a morphine-like drug to prevent the onset of signs of withdrawal.
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81	81	The term "state authority" as used in this section means the agency within the State [which] that exercises the responsibility for governing the treatment of narcotic-dependent persons with the narcotic drug methadone.
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83	83	The term "waived test" as used in this section means a Clinical Laboratory Improvement Amendments of 1988-waived point-of-care ("rapid") test for determination of hepatitis C infection."
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85	85	SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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87	87	SECTION 3. This Act shall take effect upon its approval.
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91	91	INTRODUCED BY: _____________________________
92	92	BY REQUEST
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94	94	INTRODUCED BY:
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96	96	_____________________________
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102	102	BY REQUEST
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104	104	Report Title: Methadone Treatment Programs; Hepatitis Testing Description: Amends section 329-40, Hawaii Revised Statutes, to require the medical director of a methadone treatment program to conduct a medical evaluation that offers testing for Hepatitis C exposure and infection. Requires that a methadone treatment program have policies and procedures in place for screening and referrals to care and curative treatment. 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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110	110	Report Title:
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112	112	Methadone Treatment Programs; Hepatitis Testing
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116	116	Description:
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118	118	Amends section 329-40, Hawaii Revised Statutes, to require the medical director of a methadone treatment program to conduct a medical evaluation that offers testing for Hepatitis C exposure and infection. Requires that a methadone treatment program have policies and procedures in place for screening and referrals to care and curative treatment.
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126	126	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.