STAND. COM. REP. NO. 290

Honolulu, Hawaii

RE:    S.B. No. 420

       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. 420 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to expand the scope of practice for naturopathic physicians by authorizing naturopathic physicians to administer parenteral therapy, intravenous, subcutaneous, and intramuscular injections, and to obtain federal Drug Enforcement Administration registration and prescribe controlled substances.

     Your Committee received testimony in support of this measure from the Hawaii Society of Naturopathic Physicians, Bastyr University, and twenty-eight individuals.  The Board of Examiners in Naturopathy (Board) submitted testimony in support of the intent of the measure with amendments.  Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs.

     Copies of written testimony are available for review on the Legislature's website.

     Your Committee finds that this measure significantly expands the scope of practice for naturopathic physicians.  Your Committee further finds that, to ensure public safety and proper enforcement, clear standards of practice and guidelines need to be established and implemented by the Board.

     Your Committee has amended this measure by:

     (1)  Including language that states the Board may adopt, amend, or repeal rules provided that "all rules shall be approved by the governor and the director of commerce and consumer affairs, and when adopted pursuant to chapter 91 shall have the force and effect of law.  The rules may forbid acts or practices deemed by the Board to be detrimental to the accomplishment of the purpose of this chapter, establish standards of practice, care and ethics, establish the medications that may be prescribed by licensees, require licensees to complete educational courses and training, and establish requirements for parenteral therapy.  This enumeration of specific matters that may properly be made the subject of rules shall not be construed to limit the Board's broad general power to make rules necessary to fully effectuate the purpose of this chapter";

     (2)  Including that prescribing medications not approved by the Board shall subject the licensee to disciplinary action;

     (3)  Including "parenteral therapy" in the definition of "naturopathic medicine"; and

     (4)  Changing the effective date to July 1, 2050, to encourage further discussion on this matter.

     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. 420, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 420, 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