Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred S.B. No. 1390, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to amend the law relating to Hawaiian healers.

Testimony in support of this bill was received from Papa Ola Lokahi, the Director of Preventative and Integrative Medicine at the Waianae Coast Comprehensive Health Center, and two concerned individuals.

Your Committee finds that Act 162, Session Laws of Hawaii 1998 (Act 162), responded to concerns that the performance of traditional Hawaiian healing practices would constitute the unauthorized practice of medicine under state law. To address this concern, Act 162:

1. Temporarily exempted Hawaiian healers from the requirement that a person obtain a license before practicing medicine; and
2. Authorized Papa Ola Lokahi, a non-profit Hawaiian health organization that serves as an umbrella for native Hawaiian health care planning activities in the State, to provide interim certification of Hawaiian healers.

The medical license exemption under Act 162 was to expire on July 1, 2002. Additionally, Act 162 only provided for the establishment of a single panel to certify Hawaiian healers. Unfortunately, Act 162 failed to recognize the Hawaiian tradition of recognizing localized healing practices.

This bill recognizes the value of Hawaiian healing practices by making the medical license exemption granted to Hawaiian healers under Act 162, permanent. This bill also provides Papa Ola Lokahi with a process by which to convene panels of Hawaiian healers to address issues related to Hawaiian healing practices on a localized basis. The bill enables Papa Ola Lokahi to appoint subsequent members to its panel as it deems necessary to carry out its purposes.

Your Committee has amended this bill by:

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1390, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1390, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.