Requires testing or continuing medical education in chelation therapy as a condition of physician licensure.

A BILL FOR AN ACT

SECTION 1. Chelation therapy, which involves the intravenous administration of a synthetic amino acid, has been used successfully for over forty years to treat vascular disease. In the chelation process, the synthetic amino acid binds with heavy metals and removes them from the blood system, thereby reducing free radical damage to the blood vessels and other tissues, and improving circulation throughout the body. It is believed that chelation therapy can also reduce the risk of developing many chronic degenerative diseases, such as cancer, inflammatory joint disease, asthma, diabetes, senile dementia, and degenerative eye disease.

The American College for Advancement in Medicine has published a modern protocol for the safe and effective administration of chelation therapy. No deaths or serious complications have been reported in patients treated with this protocol. However, as with any type of treatment, proper administration is necessary, and therefore, it is critical that physicians licensed to practice medicine in this State have the proper education and training in chelation therapy.

The purpose of this Act is to require competency in chelation therapy as a condition of physician licensure.

SECTION 2. Section 453-4, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) Applicants who have passed the National Board of Medical Examiners examination (NBME), the Federation Licensing Examination (FLEX), or the United States Medical Licensing Examination (USMLE), or a combination of these examinations as approved by the board, and the state chelation therapy examination, with scores deemed satisfactory by the board, and who meet the requirements of subsection (b) shall be licensed without the necessity of any further examination; provided that with respect to any applicant, the board may require letters of evaluation, professional evaluation forms, and interviews with chiefs of service or attending physicians who have been associated with an applicant, or chief residents on a service who have been associated with an applicant during the applicant's training or practice, to be used by the board in assessing the applicant's qualifications to practice medicine.

(d) Applicants who are licensed in another state by virtue of having passed a state-produced examination may qualify for licensure if they have passed the Special Purpose Examination (SPEX), passed the state chelation therapy examination, and meet the requirements of subsection (b); provided that the board may require letters of evaluation, professional evaluation forms, and interviews with chiefs of service or attending physicians who have been associated with an applicant, or chief residents on a service who have been associated with an applicant during the applicant's training or practice, to be used by the board in assessing the applicant's qualifications to practice medicine."

SECTION 3. Section 453-5.1, Hawaii Revised Statutes, is amended to read as follows:

"§453-5.1 Powers and duties of board. (a) In addition to other powers and duties authorized by law, the board of medical examiners shall have all the powers necessary or convenient to effectuate the purpose of this chapter, including, without limitation, the following powers:

(1) To adopt rules, pursuant to chapter 91; and

(2) To enforce this chapter and rules adopted pursuant thereto.

(b) The board shall establish and begin administering a state examination on the proper use of chelation therapy no later than February 1, 2003. The board may contract with professional testing services to prepare, administer, and grade the state chelation therapy examination."

SECTION 4. Section 453-6, Hawaii Revised Statutes, is amended to read as follows:

"§453-6 Fees; expenses. No applicant shall be examined under this chapter until the applicant has paid to the board application, examination, and license fees. The board may provide separate fees for licensure by endorsement and for limited and temporary licenses. Every person holding a license under this chapter shall reregister with the board no later than January 31, of each even-numbered year and for that registration shall pay a renewal fee. At the time of reregistration, the physician or surgeon shall present to the board evidence of compliance with a program of continuing medical education adopted by the board. In addition to any other continuing medical education requirements, persons licensed prior to February 1, 2003, shall complete     hours in chelation therapy continuing medical education and provide evidence of compliance with this requirement by January 31, 2006. Failure to reregister and present evidence of compliance shall constitute a forfeiture of license, which may be restored only upon written application therefor and payment to the board of a restoration fee. A license that has been forfeited for one renewal term shall be automatically terminated and cannot be restored, and a new application for licensure shall be required."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.