STAND. COM. REP. NO. 1191-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 3085

S.D. 2

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred S.B. No. 3085, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NURSES,"

begs leave to report as follows:

The purpose of this bill is to give patients access to the services of advanced practice registered nurses (APRNs) authorized to prescribe medications, by establishing a procedure for granting qualified APRNs prescriptive authority and adopting the applicable APRN formulary.

Specifically, the bill amends Act 192, Session Laws of Hawaii 2002 (Act 192), which is scheduled to sunset on June 30, 2004. Act 192 currently:

(1) Transfers responsibility for granting prescriptive authority to APRNs from the Department of Commerce and Consumer Affairs (DCCA) to the Board of Nursing (Board) in section 1;

(2) Requires the Board to establish requirements for APRN prescriptive authority by rule in sections 1 and 2;

 

(3) Requires DCCA to establish a Joint Formulary Advisory Committee (JFAC) to recommend the APRN formulary in section 2, and JFAC to report to the Legislature before the Regular Session of 2004 in section 3; and

(4) Requires the Board of Medical Examiners (BME) to consider JFAC's recommendations and adopt the APRN formulary in section 2.

This bill amends Act 192 by:

(1) Removing the sunset date of section 1, the provisions transferring authority to grant APRN prescriptive authority;

(2) Slightly amends, and codifies in the Hawaii Revised Statutes the provisions of section 2 that:

(A) Require DCCA to establish JFAC; and

(B) Give BME responsibility to consider JFAC's recommendation and adopt the formulary.

The Board of Nursing, Hawaii Nurses' Association, and Hawaii Pharmacists Association provided testimony in support of this bill. The Hawaii Medical Association opposed the bill.

Your Committee has amended the bill by deleting the codification of section 2 of Act 192. Instead, your Committee has repealed the sunset date of Act 192.

This amendment makes it clear that JFAC, established pursuant to Act 192, will continue in that form, and that BME will continue to have the authority to establish the formulary. In essence, the 2002 status quo is preserved.

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. 3085, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3085, S.D. 2, H.D. 2.

 

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

____________________________

KENNETH T. HIRAKI, Chair