STAND. COM. REP. 2797
Honolulu, Hawaii
, 2004
RE: S.B. No. 2779
S.D. 2
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2779, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TRADITIONAL HAWAIIAN HEALING PRACTICES,"
begs leave to report as follows:
The purpose of this measure is to amend the law relating to the practice of traditional Hawaiian healing.
Specifically, this measure:
(1) Provides that traditional Hawaiian healing practices be regulated by an Elders' Council;
(2) Removes language which precludes individuals or organizations involved in the selection of panel members or the denial of certification of healers to be liable for causes of action arising from their participation in the selection or certification process;
(3) Provides that the Elders' Council be independent from the State, and not subject to chapters 91 and 92, Hawaii Revised Statutes; and
(4) Requires the Elders' Council to develop any necessary or appropriate policies, procedures, or rules regarding the certification of traditional Hawaiian healers.
Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, Papa Ola Lokahi, the Traditional Native Hawaiian Healing Center, AlohaCare, and two private citizens.
Your Committee finds that the practice of traditional Hawaiian healing is a valuable practice that must be preserved and protected to ensure that it will not be lost for future generations. In recognition of this concern, the Legislature, pursuant to Act 304, Session Laws of Hawaii 2001, permanently exempted Hawaiian healers from being required to obtain medical licenses and established a panel to address relevant issues regarding Hawaiian healing practices. Your Committee determines that it is the kupuna who are the keepers and protectors of indigenous knowledge; therefore, the creation of an Elders' Council to oversee Hawaiian healing practices will effectively honor their wisdom and position.
Your Committee also determines that, keeping with the intent of the current state of the law, individuals involved in the certification process or the selection of members of the Elders' Council should be exempt from liability relating to their involvement. Finally, as there has been a lack of discussion on this issue by the Hawaiian Caucus, your Committee believes that the measure should continue to proceed as a necessary vehicle and to allow review and assessment of the relevant issues involved.
Accordingly, your Committee has amended this measure by:
(1) Clarifying that healing practices by "traditional" Hawaiian healers engaged in traditional native Hawaiian healing practices shall not be prohibited under section 453-2, Hawaii Revised Statutes;
(2) Prohibiting persons or organizations involved with the selection of Elders' Council members or the certification process from being held liable for causes of action resulting from their participation in the selection or certification process;
(3) Providing for the convening of subsequent Elders' Councils in the event that Papa Ola Lokahi ceases to exist or is unable to act;
(4) Clarifying that, not inconsistent with the initial policies of Papa Ola Lokahi, all Elders' Councils shall develop any necessary or appropriate policies, procedures, and rules for the certification of traditional Hawaiian healers;
(5) Delaying the effective date to July 1, 2010 in order to provide the Hawaiian Caucus the opportunity to properly review and analyze the matter; and
(6) Making technical, nonsubstantive changes for purposes of clarity and style.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2779, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2779, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ COLLEEN HANABUSA, Chair |
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