STAND. COM. REP. NO. 3039

Honolulu, Hawaii

RE:    H.B. No. 2301

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Health, to which was referred H.B. No. 2301, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DENTISTRY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Prohibit the interference in the practice of dentistry by an unlicensed person or entity; and

     (2)  Prohibit the practice of dentistry in a commercial or mercantile establishment that is a business enterprise engaged in the selling of commodities or services unrelated to the practice of dentistry or other healing arts.

     Your Committee received testimony in support of this measure from the Board of Dental Examiners, the Hawaii Dental Association, and sixty-eight individuals.

     Your Committee finds that to protect the health and welfare of dental patients, licensed dentists should be held accountable for their actions and professional judgment.  In addition, licensed dentists should have the ability to treat patients outside of regular business hours, particularly in emergency situations.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language that states, "No person or entity without a license issued pursuant to this chapter shall direct or interfere with a licensed dentist's judgment and competent practice of dentistry";

     (2)  Inserting language that clarifies that the licensed dentist shall not permit a non-dentist to direct or interfere with the licensee's professional judgment or patient care;

     (3)  Exempting the State or any county, any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center from the prohibition of ownership and interference with the licensee's practice of dentistry;

     (4)  Authorizing licensed dentists to have access to the dental office, facilities, and equipment necessary to provide service to the licensee's patients;

     (5)  Deleting language that prohibits the practice of dentistry in a commercial or mercantile establishment;

     (6)  Changing the effective date to "upon approval"; and

     (7)  Making technical, nonsubstantive changes for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2301, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2301, H.D. 1, S.D. 1, and be referred to the Committee on Commerce, Consumer Protection, and Affordable Housing.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

DAVID Y. IGE, Chair