328-100 REPEALED.
§328-100 REPEALED. L 1992, c 177, §4. Note L 1992, c 193, §2 purports to amend this section.
328-101 REPEALED.
§328-101 REPEALED. L 1992, c 177, §5.
328-102 Criminal penalty.
§328-102 Criminal penalty. Any person who wilfully violates this part or rules adopted under this part shall be guilty of a misdemeanor. [L 1996, c 209, pt of §1]
328-103 Administrative penalties.
§328-103 Administrative penalties. (a) Any person who violates this part or any rule adopted by the department of health pursuant to this part shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action. (b) In addition […]
328-104 Injunctive relief.
[ §328-104] Injunctive relief. The director of health may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this part or of any rule adopted under this part. The court shall have the power to grant relief in accordance with the Hawaii rules of civil procedure. […]
328-105 Powers and duties.
§328-105 Powers and duties. The department of health shall enforce this part and shall have, in connection therewith, all the powers and duties conferred and imposed upon it pursuant to part I. [L 1996, c 209, pt of §1]
328-106 Pharmacy benefit manager; maximum allowable cost.
§328-106 Pharmacy benefit manager; maximum allowable cost. (a) A pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis shall comply with the requirements of this section. (b) The pharmacy benefit manager shall include the following in the contract information with a contracting pharmacy: (1) Information identifying any […]
328-91 Definitions.
Cross References Pharmacy benefit managers; health information; prohibited marketing practices, see §487J-7. Prescription drug benefits, see chapter 431R. Prescription drugs; mail order opt out option, see §87A-16.3. §328-91 Definitions. As used in this part: “Agent” means a person under the direct supervision of a pharmacist, acting in the pharmacist’s presence. “Bioequivalents” means chemical equivalents which, […]
328-92 Drug product and biological product selection.
§328-92 Drug product and biological product selection. (a) When filling a prescription order for a drug prescribed by its brand name, a pharmacist or the pharmacist’s authorized agent shall: (1) Offer to the consumer an equivalent generic drug product or an interchangeable biological product from the Hawaii list of equivalent generic drug products and interchangeable […]
328-93 REPEALED.
§328-93 REPEALED. L 2003, c 56, §9.
328-94 Prescription record.
§328-94 Prescription record. Each pharmacist or practitioner shall maintain a record of any substitution of an equivalent generic drug product or an interchangeable biological product for a prescribed brand name drug product as provided in this part. [L 1980, c 187, pt of §1; am L 1996, c 209, §5; am L 2003, c 56, […]
328-95 REPEALED.
§328-95 REPEALED. L 2016, c 242, §9.
328-96 Hawaii list of equivalent generic drug products and interchangeable biological products.
§328-96 Hawaii list of equivalent generic drug products and interchangeable biological products. (a) The director may adopt rules, pursuant to chapter 91, to effectuate the purpose of this part. Without regard to chapter 91, the director may adopt as rules, and amend as necessary, the Hawaii list of equivalent generic drug products and interchangeable biological […]
328-97 Posting requirements.
§328-97 Posting requirements. Every pharmacy shall prominently display, in clear and unobstructed public view, a sign in block letters that shall read: “HAWAII LAW REQUIRES THAT LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG PRODUCTS AND INTERCHANGEABLE BIOLOGICAL PRODUCTS BE OFFERED TO THE CONSUMER. CONSULT YOUR PHYSICIAN AND PHARMACIST CONCERNING THE AVAILABILITY OF THE LEAST EXPENSIVE DRUG PRODUCT […]
328-98 Pharmacist liability.
§328-98 Pharmacist liability. A pharmacist who selects an equivalent generic drug product or an interchangeable biological product pursuant to this part assumes no greater liability for selecting the dispensed drug product than would be incurred in filling a prescription for a drug product prescribed by its established name. [L 1980, c 187, pt of §1; […]
328-99 Exceptions.
§328-99 Exceptions. Out-of-state prescriptions filled pursuant to section 328-17.6 shall be exempt from this part. [L 1980, c 187, pt of §1; am L 1987, c 283, §22; am L 1992, c 177, §2]