STAND. COM. REP. NO.  1593

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 420

      S.D. 2

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 420, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NATUROPATHIC MEDICINE,"

begs leave to report as follows:

     The purpose of this bill is to improve the availability of health care by:

(1) Allowing naturopathic physicians licensed in another state to be issued limited and temporary licenses to practice naturopathic medicine in Hawaii during declared public health emergencies and disasters; and

(2) Redefining the allowable scope of naturopathic medicine by, among other things, authorizing naturopathic physicians to:

(A) Administer treatments by injection;

(B) Perform minor office procedures; and

(C) Prescribe, administer, and dispense medications pursuant to a naturopathic formulary established by the Board of Examiners in Naturopathy (Board).

     Numerous concerned individuals testified in support of this bill.  The Hawaii Society of Naturopathic Physicians supported this measure with amendments.  The Board supported the intent of this measure.  The Hawaii Medical Association opposed this bill.  The Department of Commerce and Consumer Affairs, Department of Public Safety, and a concerned individual provided comments.

     Your Committee finds that this bill seeks to increase access to health care, as well as update the law on naturopathic medicine, by expanding and clarifying the scope of practice of naturopathic physicians.

     Your Committee has amended this bill by:

(1) Clarifying the qualifications for schools at which students may practice naturopathic medicine;

(2) Removing the reference to "naturopathic physicians" in the definition of "naturopathic medicine" to ensure that unlicensed persons are not inadvertently allowed to engage in naturopathic medicine;

(3) Prohibiting naturopathic physicians from using injection treatments and performing minor office procedures until the Board adopts pertinent rules, and clarifying the language regarding the Board's duty to adopt these rules;

(4) Clarifying that naturopathic physicians are prohibited from prescribing, administering, and dispensing naturopathic formulary that are not approved by the Board; and

(5) Making technical, nonsubtantive amendments for clarity and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 420, 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. 420, S.D. 2, H.D. 2.

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

____________________________

ROBERT N. HERKES, Chair