SB402

Report Title:

Hawaii Medical Education Council; Established; Duties and Powers

Description:

Establishes the Hawaii Medical Education Council to coordinate and govern graduate medical education in the State.

THE SENATE	S.B. NO.	402
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII

A BILL FOR AN ACT

relating to medical education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 453, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . HAWAII MEDICAL EDUCATION COUNCIL

§453-A Definitions. As used in this part:

"Accredited clinical education program" means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education.

"Accredited clinical training program" means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistance education, or doctor of pharmacy education.

"Centers for Medicaid and Medicare services" means the centers for Medicaid and Medicare services within the United States Department of Health and Human Services.

"Council" means the medical education council created under section 453-C.

"Health care professionals in training" means medical students and residents, advance practice nursing students, physician assistant students, and doctor of pharmacy students.

"Program" means the medical education program created under section 453- .

§453-B Medical education program. (a) There is created a medical education program to be administered by the medical education council in cooperation with the department of health.

(b) The program shall be funded from moneys received for graduate medical education from:

(1) The federal Centers for Medicaid and Medicare Services or other federal agency;

(2) State appropriations; and

(3) Donation or private contributions.

(d) Program moneys may only be expended if:

(1) Approved by the council; and

(2) Used for graduate medical education in accordance with subsection 453-D(7).

§453-C Medical education council. (a) There is created the medical education council consisting of the following members appointed by the governor:

(1) The dean of the school of medicine at the University of Hawaii;

(2) One person who represents graduate medical education at the University of Hawaii;

(3) One person from each institution, other than the University of Hawaii, that sponsors an accredited clinical education program;

(4) One person from the health care insurance industry; and

(5) Three members of the general public who are not employed by or affiliated with any institution that offers, sponsors, or finances health care or medical education; provided the governor may appoint an additional member of the public under this subsection for each person the governor appoints that increases the total number of persons appointed under subsection (a)(3) beyond two.

(b) Except as provided in subsection (a)(1) and (2), no two council members may be employed by or affiliated with the same:

(1) Institution of higher education;

(2) State agency outside of higher education; or

(3) Private entity.

(1) Shall chair the council;

(2) Shall not be counted in determining the existence of a quorum; and

(3) Shall only cast a vote on a matter before the council if the vote of the other council members results in a tied vote.

(d) The council shall annually elect a vice chair from among the members of the council.

(e) A quorum of the council shall be determined pursuant to this section:

(1) A majority of the council members constitutes a quorum.

(2) The action of a majority of a quorum is the action of the council.

(f) Terms of office of council members shall be determined according to this section:

(1) Except as provided in subsection (f)(2), members shall be appointed to four-year terms of office.

(2) Notwithstanding subsection (f)(1), the governor shall, at the time of the initial appointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.

(3) If a vacancy occurs in the membership for any reason, the replacement shall be appointed by the governor for the unexpired term in the same manner as the original appointment was made.

(g) Per diem and expenses incurred in the performance of official duties may be paid to a council member:

(1) Who is not a government employee; or

(2) Who is a government employee, but does not receive salary, per diem, or expenses from the council member's employing unit for service to the council.

(h) A council member may decline to receive per diem and expenses for service to the council.

§453-D Duties of council. The council shall:

(1) Submit an application in accordance with federal law for a demonstration project to the Centers for Medicaid and Medicare Services, for the purpose of receiving and disbursing federal funds for direct and indirect graduate medical education expenses;

(2) Seek private and public contributions for the program;

(3) Study and recommend options for financing graduate medical education to the University of Hawaii board of regents and the legislature;

(4) Advise the University of Hawaii board of regents and the legislature on the status and needs of health care professionals in training;

(5) Determine the method for reimbursing institutions that sponsor health care professionals in training;

(6) Determine the number and type of positions for health care professionals in training for which program moneys may be used; and

(7) Distribute program moneys for graduate medical education in a manner that:

(A) Prepares postgraduate medical residents, as defined by the accreditation council on graduate medical education, for inpatient, outpatient, hospital, community, and geographically diverse settings;

(B) Encourages the coordination of interdisciplinary clinical training among health care professionals in training;

(D) Only fund accredited clinical training programs.

§453-E Powers of council. The council may:

(1) Conduct surveys, with the assistance of the department of health and the department of commerce and consumer affairs, to assess and meet changing market and education needs;

(2) Appoint advisory committees of broad representation on interdisciplinary clinical education, workforce mix planning and projections, funding mechanisms, and other topics as is necessary;

(3) Use federal moneys for necessary administrative expenses to carry out its duties and powers as permitted by federal law;

(4) Distribute program moneys in accordance with this part; and

(5) As is necessary to carry out its duties under this part:

(A) Hire employees not subject to chapters 76 and 89; and

(B) Adopt rules in accordance with chapter 91.

§453-F Hawaii medical education special fund. There is established within the state treasury a special fund to be known as the Hawaii medical education special fund, into which all funds received by the Hawaii medical education council shall be deposited. The Hawaii medical education council shall administer and expend the Hawaii medical education special fund in accordance with this part."

SECTION 2. The department of health, in conjunction with other relevant state agencies and private sector organizations, shall review the feasibility of creating a quasi-governmental agency to oversee the University of Hawaii school of medicine and shall report its findings to the legislature not later than twenty days prior to the convening of the 2004 regular session.

SECTION 3. In codifying the new part added by section 1 of this Act, the revisor or statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________