2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-21.5 Discipline based on action taken by another state or federal agency; conditions; prohibition on practice.

§461-21.5 Discipline based on action taken by another state or federal agency; conditions; prohibition on practice.
(a) Upon receipt of evidence of revocation, suspension, or other disciplinary action against a licensee by another state or federal agency, the board may issue an order imposing disciplinary action upon the licensee on the following conditions:
(1) The board shall serve the licensee with a proposed order imposing disciplinary action as required by chapter 91;
(2) The licensee shall have the right to request a hearing pursuant to chapter 91 to show cause why the action described in the proposed order should not be imposed;
(3) Any request for a hearing shall be made in writing and filed with the board within twenty days after mailing of the proposed order to the licensee; and
(4) If the licensee does not submit a written request for a hearing within twenty days after mailing of the proposed order, the board shall issue a final order imposing the disciplinary action described in the proposed order;
provided that the board shall not issue an order imposing disciplinary action upon the licensee if the revocation, suspension, or other disciplinary action against a licensee by another state was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State.
(b) A certified copy of the disciplinary action by another state or federal agency shall constitute prima facie evidence of the disciplinary action.
(c) A licensee against whom the board has issued a proposed order under this section shall be prohibited from practicing in this State until the board issues a final order if:
(1) The licensee was the subject of disciplinary action by another state, except where the disciplinary action against the licensee by another state was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State; and
(2) The disciplinary action by another state prohibits the licensee from practicing in that state.
(d) In addition to the provisions of this section, the board may take any other action authorized by this chapter or chapter 436B.
(e) Notwithstanding any law to the contrary, the final order of discipline taken pursuant to this section shall be a matter of public record. [L 2016, c 38, §5; am L 2023, c 2, §12]