reglab/housing_qa huggingface dataset:
HI Rev Stat § 329-37 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-37 Filing requirements.

 §329-37 Filing requirements. All persons registered to manufacture, distribute, conduct reverse distribution, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with the department of public safety on forms and within the time and manner prescribed by the department of public safety, copies of order, receipt and distribution of schedule I and schedule II controlled substances and other controlled substances designated by the department of public safety, showing the amounts of such controlled substances ordered, received, distributed, transported, warehoused, or otherwise handled. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §11]
HI Rev Stat § 329-38.2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-38.2 Prescriptions; additional restrictions.

 §329-38.2 Prescriptions; additional restrictions. [Section repealed June 30, 2023. L 2018, c 153, §4.] (a) The prescription restrictions in this section shall apply in addition to the restrictions described in section 329-38.  (b) No prescriber shall prescribe a schedule II, III, or IV controlled substance without first requesting, receiving, and considering records of the ultimate user from the state electronic prescription accountability system as needed to reduce the risk of abuse of or addiction to a controlled substance, as needed to avoid harmful drug interactions, or as otherwise medically necessary; provided that this subsection shall not apply to any prescription:  (1) For a supply of three days or less that is made in an emergency situation, by an emergency medical provider, or in an emergency room;  (2) That will be administered directly to a patient under the supervision of a health care provider licensed to practice within the State; provided that a medically-indicated query of the electronic prescription accountability system is made when the patient is initially admitted for inpatient care at a hospital;  (3) That is an initial prescription for a patient being treated for post-operative pain; provided that the prescription is limited to a three-day supply with no refills;  (4) For a patient with a terminal disease receiving hospice or other types of palliative care; provided that for purposes of this paragraph, "terminal disease" means an incurable and irreversible disease that will, within reasonable medical judgment, produce death within six months;  (5) Prescribed while the state electronic prescription accountability system is nonfunctional; or  [(6)] Written pursuant to chapter 327L.  (c) The administrator of the state electronic prescription accountability system shall promptly disclose only the requested data to the requesting prescriber or the requesting prescriber's delegate. Disclosure as required under this section is permissible under the duty of confidentiality imposed by section 329-104. To the extent that this section conflicts with other state confidentiality and disclosure laws, this section shall prevail.  (d) A violation of this section shall not be subject to the penalty provisions of part IV of chapter 329; provided that a violation of this section may result in disciplinary action by the appropriate licensing authority. [L 2018, c 153, §2; am L 2019, c 251, §2 and c 256, §2]
HI Rev Stat § 329-38.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-38.5 Opioid therapy; informed consent process; requirement for written policies.

 §329-38.5 Opioid therapy; informed consent process; requirement for written policies. [Section repealed June 30, 2023. L 2017, c 66, §6.] (a) Beginning on July 1, 2018, any provider authorized to prescribe opioids shall adopt and maintain written policy or policies that include execution of a written agreement to engage in an informed consent process between the prescribing provider and qualifying opioid therapy patient.  (b) The department of health shall develop and make available a template of an opioid therapy informed consent process agreement for use in the State. The template shall be posted to the department of health's website no later than December 31, 2017.  (c) For the purposes of this section, "qualifying opioid therapy patient" means:  (1) A patient requiring opioid treatment for more than three months;  (2) A patient who is prescribed benzodiazepines and opioids together; or  (3) A patient who is prescribed a dose of opioids that exceeds ninety morphine equivalent doses; provided that the term "qualifying opioid therapy patient" shall not apply to any qualifying patient who is issued or receives a prescription pursuant to chapter 327L.  (d) A violation of this section shall not be subject to the penalty provisions of part IV of chapter 329. [L 2017, c 66, §2; am L 2019, c 256, §3]
HI Rev Stat § 329-39 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-39 Labels.

 §329-39 Labels. (a) Whenever a producer, manufacturer, or wholesaler of controlled substances, or a pharmacy sells or dispenses any such drug to:  (1) A producer, manufacturer, or wholesaler of controlled substances; or  (2) A pharmacy, physician, dentist, podiatrist, veterinarian, or practitioner; the producer, manufacturer, wholesaler, or pharmacist shall securely affix to each package in which that drug is contained: a label showing in legible English the name and address of the vendor or dispenser; and the amount, quantity, kinds, and form of controlled substances contained in each package.  (b) Whenever a pharmacist sells or dispenses any controlled substance on a prescription issued by a physician, dentist, podiatrist, or veterinarian, the pharmacist shall affix to the bottle or other container in which the drug is sold or dispensed:  (1) The pharmacy's name and business address;  (2) The serial number of the prescription;  (3) The name of the patient or, if the patient is an animal, the name of the owner of the animal and the species of the animal;  (4) The name of the physician, dentist, podiatrist, or veterinarian by whom the prescription is written; and  (5) Such directions as may be stated on the prescription.  (c) No person shall alter, deface, or remove any label affixed to a package, bottle, or other container in which a drug is sold or dispensed, except for the purpose of replacing the label with the person's own lawful authorized label. [L 1931, c 152, §10; RL 1935, §1279; RL 1945, §2610; am L 1955, c 180, §1; RL 1955, §52-21; am L 1959, c 71, §3; HRS §329-14; ren L 1972, c 10, §7(1); am L 1977, c 116, §4; gen ch 1985; am L 1996, c 206, §3]
HI Rev Stat § 329-39.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-39.5 Opioid warning label.

 §329-39.5 Opioid warning label. In addition to any requirements for labeling of drugs under part I of chapter 328, part III of this chapter, and any other requirement for labeling of prescription drugs pursuant to state or federal law, a health care professional or pharmacist who dispenses any opioid drug shall include on the drug's package a warning label that contains wording substantially similar to the following warning:  "Caution: Opioid. Risk of overdose and addiction." [L 2018, c 151, §2]
HI Rev Stat § 329-42 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-42 Prohibited acts C--penalties.

  §329-42 Prohibited acts C--penalties. (a) It is unlawful for any person knowingly or intentionally:  (1) To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 329-37;  (2) To use in the course of the manufacture, distribution, administration, or prescribing of a controlled substance a registration number that is fictitious, revoked, suspended, expired, or issued to another person;  (3) To obtain or attempt to obtain any controlled substance or procure or attempt to procure the administration of any controlled substance:  (A) By fraud, deceit, misrepresentation, embezzlement, theft;  (B) By the forgery or alteration of a prescription or of any written order;  (C) By furnishing fraudulent medical information or the concealment of a material fact;  (D) By the use of a false name, patient identification number, or the giving of false address;  (E) By the unauthorized use of a practitioner's oral call-in number;   (F) By the alteration of a prescription by the addition of future refills;  (G) By the unauthorized use of a practitioner's electronic prescription application; or  (H) By the unauthorized transmission of an electronic prescription;  (4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;  (5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;  (6) To misapply or divert to the person's own use or other unauthorized or illegal use or to take, make away with, or secrete, with intent to misapply or divert to the person's own use or other unauthorized or illegal use, any controlled substance that shall have come into the person's possession or under the person's care as a registrant or as an employee of a registrant who is authorized to possess controlled substances or has access to controlled substances by virtue of the person's employment; or  (7) To make, distribute, possess, or sell any prescription form, whether blank, faxed, computer generated, photocopied, electronically transmitted, or reproduced in any other manner without the authorization of the licensed practitioner.  (b) Any person who violates this section is guilty of a class C felony. [L 1972, c 10, pt of §1; am L 1991, c 159, §14; am L 1997, c 280, §4; am L 2000, c 98, §6; am L 2006, c 69, §5; am L 2008, c 186, §6; am L 2013, c 20, §4]
HI Rev Stat § 329-43 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-43 Penalties under other laws.

  §329-43 Penalties under other laws. Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [L 1972, c 10, pt of §1]
HI Rev Stat § 329-43.6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-43.6 Overdose prevention; limited immunity.

  §329-43.6 Overdose prevention; limited immunity. (a) As used in this section:  "Drug or alcohol overdose" means:  (1) A condition, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, that is the result of consumption or use of a controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined; or  (2) A condition that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.  "Seeks medical assistance" or "seeking medical assistance" includes but is not limited to reporting a drug or alcohol overdose to law enforcement, the 911 system, a poison control center, or a medical provider; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose while awaiting the arrival of medical assistance.  (b) A person or persons who, in good faith, seek medical assistance for someone who is experiencing a drug or alcohol overdose and a person experiencing a drug or alcohol overdose who seeks medical assistance for the person's self or is the subject of such a good faith request shall not be arrested, charged, prosecuted, or convicted; have their property subject to civil forfeiture; or otherwise be penalized for:  (1) Possession of a controlled substance or drug paraphernalia under this chapter or part IV of chapter 712;  (2) Committing a prohibited act under section 281-101.5 or 712-1250.5;  (3) Violation of a restraining order; or  (4) Violation of probation or parole; if the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of the seeking of medical assistance.  (c) The act of seeking medical assistance for someone who is experiencing a drug or alcohol overdose shall be considered by the court as a mitigating factor in any controlled substance or alcohol-related criminal prosecution for which immunity is not provided by this section. [L 2015, c 217, §2]
HI Rev Stat § 329-44 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs.

 §329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs. On the conviction of any physician, osteopathic physician and surgeon, dentist, podiatrist, veterinarian, practitioner, apothecary, manufacturer, wholesaler, or producer, of the wilful violation of this chapter, a copy of the sentence and of the opinion of the court or district judge, if any is filed, shall be sent by the clerk of the court, or by the judge, to the board or officer, if any, by whom the convicted defendant has been licensed to practice the convicted defendant's profession or to carry on the convicted defendant's business; and if the convicted defendant is a physician or osteopathic physician and surgeon, a copy of the sentence and of the opinion, if any, shall be sent to the department of commerce and consumer affairs. [L 1931, c 152, §16; RL 1935, §1285; RL 1945, §2616; RL 1955, §52-29; am L 1959, c 71, §3; HRS §329-22; am L 1970, c 188, §39; ren L 1972, c 10, §7(2); am L 1984, c 168, §6; am L 1985, c 197, §18; gen ch 1985]
HI Rev Stat § 329-45 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-45 REPEALED.

 §329-45 REPEALED. L 1991, c 159, §15.
HI Rev Stat § 329-46 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions.

  §329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions. (a) It is unlawful for any person knowingly or intentionally to visit more than one practitioner and withhold information regarding previous practitioner visits for the purpose of obtaining one or more controlled substance prescriptions for quantities that:  (1) Exceed what any single practitioner would have prescribed or dispensed for the time period and legitimate medical purpose represented; and  (2) Would constitute an offense pursuant to part IV of chapter 712.  (b) Information communicated to a physician in an effort to unlawfully procure a controlled substance, or to unlawfully procure the administration, prescribing, or dispensing of any controlled substance shall not be deemed a privileged communication.  (c) Any person who violates this section is guilty of a crime which is of the grade and class identical to that imposed under part IV of chapter 712 for the same type and equivalent quantity of controlled substance. [L 1991, c 159, §2; am L 1999, c 252, §5]
HI Rev Stat § 329-49 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-49 Administrative penalties.

  §329-49 Administrative penalties. (a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter 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 and the fine shall be deposited into the state general fund.  (b) The director may impose by order the administrative penalty specified in this section, in addition to any other administrative or judicial remedy provided by this part, or by rules adopted pursuant to this chapter. Factors to be considered in imposing the administrative penalty include:  (1) The nature and history of the violation;  (2) Any prior violation; and  (3) The opportunity, difficulty, and history of corrective action.  For any judicial proceeding to recover the administrative penalty imposed, the administrator need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid. [L 2008, c 186, pt of §1]
HI Rev Stat § 329-50 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-50 Injunctive relief.

 §329-50 Injunctive relief. The administrator may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or any rule adopted to implement this chapter. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure. [L 2008, c 186, pt of §1]
HI Rev Stat § 329-51 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-51 Powers of enforcement personnel.

  §329-51 Powers of enforcement personnel. Any officer or employee of the department of public safety designated by the director of public safety may:  (1) Carry firearms in the performance of the officer's or employee's official duties;  (2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this State;  (3) Make arrests without warrant for any offense under this chapter and under part IV of chapter 712 committed in the officer's or employee's presence, or if the officer or employee has probable cause to believe that the person to be arrested has committed or is committing a violation of this chapter or part IV of chapter 712 which may constitute a felony;  (4) Make seizures of property pursuant to this chapter; or  (5) Perform other law enforcement duties as the director of public safety designates. [L 1972, c 10, pt of §1; am L 1979, c 194, §6; gen ch 1985; am L 1990, c 281, §10] Attorney General Opinions  Narcotics enforcement division investigators may carry firearms, serve warrants, subpoenas and summons, and make arrests; qualify as law enforcement officers for purposes of excluding personal use value of state vehicle from gross income. Att. Gen. Op. 91-03.
HI Rev Stat § 329-52 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-52 Administrative inspections.

  §329-52 Administrative inspections.  (a) The administrator or any of the administrator's agents may make administrative inspections of controlled premises upon presenting appropriate credentials to the registrant or persons subject to parts III, IV, VIII, and IX of this chapter or their agents in accordance with the following provisions:  (1) Inspections shall be at reasonable times and within reasonable limits and in a reasonable manner of controlled premises and vehicles in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, dispense, deliver, or otherwise dispose of any controlled substance or regulated chemical designated under section 329-61 and all pertinent equipment, finished and unfinished materials, containers, and labeling therein to determine if this chapter is being violated;  (2) The administrator or any of the administrator's agents shall have access to and may copy any and all records, books, logs, or documents pertaining to the administering, prescribing, dispensing, or sale of controlled substances or regulated chemicals designated under this chapter without a warrant; and  (3) The administrator or any of the administrator's agents may inventory any stock of any controlled substance or regulated chemical designated under section 329-61 and secure samples or specimens of any drug, device, or chemical not seized as evidence by paying or offering to pay for the sample. The administrator shall make or cause to be made examinations of samples secured under this section to determine whether or not this chapter is being violated.  (b) An inspection of records authorized by this section shall not extend to financial data relating to pricing of items other than shipment and sale amounts, unless the owner, operator, or agent in charge of the controlled premises consents in writing.  (c) For purposes of this section, "controlled premises" means:  (1) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and  (2) Places, including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, dispense, deliver, conduct chemical analysis, or otherwise dispose of any controlled substance or regulated chemical designated under section 329-61. [L 1972, c 10, pt of §1; gen ch 1985; am L 1990, c 281, §10; am L 2009, c 117, §7; am L 2016, c 218, §13]
HI Rev Stat § 329-53 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-53 Injunctions.

  §329-53 Injunctions. (a) The circuit courts of this State may exercise jurisdiction to restrain or enjoin violations of this chapter.  (b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. [L 1972, c 10, pt of §1]
HI Rev Stat § 329-54 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-54 Cooperative arrangements and confidentiality.

 §329-54 Cooperative arrangements and confidentiality. (a) The department of public safety shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may:  (1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;  (2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;  (3) Cooperate with the Bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and  (4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.  (b) Results, information, and evidence received from the Bureau relating to the regulatory functions of this chapter, including results of inspections conducted by it may be relied and acted upon by the department of public safety in the exercise of its regulatory functions under this chapter.  (c) A practitioner engaged in medical research is not required or compelled to furnish the name or identity of a research subject to the department of public safety, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative, or other proceedings to furnish the name or identity of any research subject that the practitioner is obligated to keep confidential unless the subject violates section 329-41 or 329-46 or commits an offense pursuant to part IV of chapter 712. [L 1972, c 10, pt of §1; gen ch 1985; am L 1990, c 281, §10; am L 1997, c 280, §5; am L 2016, c 218, §14]