(a) Notwithstanding any other law concerning confidentiality to the contrary, the holder of a registration issued under § 329-32 who, in the holder’s professional or official capacity, has reason to believe that a controlled substance in the holder’s inventory has been stolen, embezzled, or otherwise obtained by fraud or diversion, shall immediately report the matter verbally to the administrator.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663

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Terms Used In Hawaii Revised Statutes 329-37.5

  • Address: means , with respect to prescriptions, the physical location where an individual resides such as:

    (1) Street address, city, and state;
    (2) Tax map key number; or
    (3) The description of a physical location. See Hawaii Revised Statutes 329-1
  • Administrator: means the administrator of the narcotics enforcement division of the department of law enforcement. See Hawaii Revised Statutes 329-1
  • Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of part II. See Hawaii Revised Statutes 329-1
  • Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
(b) The holder of a registration shall submit a written report to the administrator as soon as practicable following the verbal report. The written report shall contain:

(1) The name and address of the suspected perpetrator, if known;
(2) The nature and extent of the theft, embezzlement, fraud, or diversion; and
(3) Any other information that the reporter believes might be helpful or relevant to the investigation of the theft, embezzlement, fraud, or diversion.
(c) Any person subject to subsection (a), upon demand of the administrator, shall provide all information related to the alleged incident of theft, embezzlement, fraud, or diversion, including but not limited to records, reports, and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (b).
(d) This section shall not be construed to provide a basis for a cause of action against the administrator or department.
(e) Any person subject to this section who knowingly prevents another person from reporting, or who knowingly fails to provide information as required by this section, shall be guilty of a misdemeanor.