STAND. COM. REP. NO. 2964

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2279
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred H.B. No. 2279, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO HEALTH CARE PROFESSIONALS,"

begs leave to report as follows:

     The purpose of this measure is to establish procedures for
analyzing and reporting to the legislature on any measure
proposing to expand the scope of practice of health care
professionals.

     Your Committee received testimony in support of this measure
from the Department of Commerce and Consumer Affairs (DCCA),
Chamber of Commerce of Hawaii, and Hawaii Nurses' Association.
Testimony in opposition was received from the American Massage
Therapy Association, Hawaii Chapter American Physical Therapy
Association, Massage Therapists Association, Hawaii State
Chiropractic Association, American Massage Therapy Association,
Hawaii Dental Hygienists' Association, Hawaii Podiatric Medical
Association, American Massage Therapy Association, Clinical
Social Work Society of Hawaii, and six private individuals.
Informational testimony was presented by the Hawaii Psychological
Association, American School of Professional Psychology, Hawaii
Medical Association, and Hawaii Psychiatric Medical Association.

     This measure is intended to provide the legislature with a
thoughtful and meaningful approach to considering measures that
expand the scope of practice of a health care professional.  Your

 
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Committee finds that over the past few years, various groups of
health care professionals have sought to expand their scope of
practice or limit the scope of practice of other health care
professionals.  Your Committee further finds that the legislature
is at a disadvantage in considering these measures because of a
lack of objective review and analysis.

     This measure would require a referral procedure by
concurrent resolution that would require a study by scope of
practice investigative panels appointed by the Director of
Commerce and Consumer Affairs.  Members of each panel would be
representative of the respective health care profession,
government agencies, and public persons, substantially affected
by the measure.  The Department of Commerce and Consumer Affairs
would submit to the legislature findings and recommendations of
the panels.

     Your Committee notes that the procedures proposed by this
measure differ from the Hawaii Regulatory Licensing Reform Act of
chapter 26H, Hawaii Revised Statutes, which requires an Auditor
study for all new regulatory measures being considered for
enactment that would subject unregulated professions and
vocations to licensure or other regulatory controls.  This
measure pertains to existing licensed health care professions.

     Your Committee has amended this measure by establishing a
Health Professionals Advisory Council (Council) within the DCCA
rather than a Scope of Practice Investigative Panel (Panel) and
clarifying the functions of the Council.

     Your Committee notes that the Council fulfills much of the
same duties and functions of the Panel, but with less bureaucracy
and without the need for a petition.  Your Committee is mindful
of the objections raised in the testimony, but is satisfied that
the amended measure meets those objections.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 2279, H.D. 1, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B.
No. 2279, H.D. 1, S.D. 1, and be referred to the Committee on
Commerce and Consumer Protection.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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