STAND. COM. REP. NO. 338

Honolulu, Hawaii

RE:    S.B. No. 1676

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 1676 entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

     The purpose of this measure is to increase access to health care for rural residents of the State by supporting the expanded use of technology for telemedicine services.

     The measure accomplishes this purpose by clarifying:

     (1)  That telemedicine is in a physician’s scope of practice and is authorized in Hawaii when practiced by a licensed physician providing services to patients; and

     (2)  Current laws regarding telehealth to ensure compliance with changes made to the law regulating the practice of medicine.

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Hawaii Medical Service Association, The Chamber of Commerce of Hawaii, and one individual.  Comments were received on this measure by the Hawaii Medical Board and the Hawaii Medical Association.

     Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that this measure will enhance the Legislature's efforts to expand broadband capability as well as provide a cost-effective means to improve access to health care services, particularly in rural areas of the State.

     Your Committee has amended this measure by clarifying that the applicable standards of medical practice when treatment recommendations are made via telemedicine, including issuing a prescription via electronic means, are the same standards of appropriate practice as those in traditional physician-patient settings that do not include a face to face visit but in which prescribing is appropriate, including on-call telephone encounters and encounters for which a follow-up visit is arranged.

     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 S.B. No. 1676, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1676, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

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

____________________________

DAVID Y. IGE, Chair