STAND. COM. REP. NO. 3291

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 Commerce, Consumer Protection, and Affordable Housing, to which was referred H.B. No. 2301, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DENTISTRY,"

begs leave to report as follows:

     The purpose of this measure is to ensure that licensed dentists act in the best interest of their patients by prohibiting the interference of the practice of dentistry by an unlicensed person.

     Specifically, this measure:

     (1)  Prohibits a licensed dentist from permitting an unlicensed person or entity from interfering with the licensee's practice of dentistry; provided that this prohibition does not apply to the employment of dentists by the State, non-profit hospitals, or eleemosynary facilities; and

     (2)  Lists the prohibited activities that a licensed dentist shall not allow a non-dentist to perform in the course of the licensed dentist's practice of dentistry.

     Testimony in support of this measure was submitted by the Board of Dental Examiners, the Hawaii Dental Association, and fifty-six private individuals.

     Your Committee finds that licensed dentists should rely on the best of their training and intuition to act in the best interests of their patients, and should not be beholden to an arrangement where financial interests dictate the promotion of a treatment that would profit the practice owner rather than benefit the patient.  Clarifying that only a licensed dentist can own, direct, and control the practice of dentistry, and prohibiting the interference in the practice of dentistry from non-dentists will enable licensed dentists to uphold the ethics of the profession and act in the best interest of their patients.

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

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

____________________________

RUSSELL S. KOKUBUN, Chair