STAND. COM. REP. NO. 2749

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2165
                                        S.D. 1




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

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 2165 entitled: 

     "A BILL FOR AN ACT RELATING TO NATUROPATHIC PHYSICIANS,"

begs leave to report as follows:

     The purpose of this measure is to allow naturopathic
physicians to certify that a child entering school has met the
requirements for physical examination, immunization, and
tuberculin testing.

     Testimony on the measure was submitted by the Department of
Health (DOH), Hawaii Society of Naturopathic Physicians, Hawaii
Chapter of the American Academy of Pediatrics, Hawaii Nurses
Association, Hawaii Medical Association, and several individuals. 

     State law requires that a licensed physician or advanced
practice registered nurse certify that a child has been
immunized, is free of communicable tuberculosis, and has
undergone a physical examination, prior to the child being
admitted to school.  Your Committee finds that after the
recodification of the education laws in 1996, the DOH adopted a
definition of licensed physician that included only medical
doctors and osteopathic doctors.  As a result, naturopaths were
no longer permitted to certify physical examinations for children
entering school, despite having done so for many years.  This
measure rectifies the omission of naturopaths from the
administrative rule by establishing a definition for "licensed

 
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                                   STAND. COM. REP. NO. 2749
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physician", in the context of Department of Education (DOE)
health requirements, that includes naturopathic physicians.

     Your Committee finds that naturopaths are not authorized to
perform tuberculin testing or administer immunizations.
Therefore, your Committee has amended this measure by replacing
its contents with language amending provisions of the law
relating to physical examination and health certificates.  More
specifically, this measure, as amended, authorizes naturopaths to
certify physical examinations and requires the DOE to provide
health certificate forms for physical examinations to
naturopaths.  The amended measure also enables naturopaths to
certify that a child has been immunized if the immunization was
performed by a licensed physician and the naturopath receives
documentation to that effect.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 2165, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 2165, S.D. 1, and be placed on the calendar for Third
Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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