STAND. COM. REP. NO. 2927

Honolulu, Hawaii

RE:    S.C.R. No. 123

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.C.R. No. 123 entitled:

"SENATE CONCURRENT RESOLUTION URGING THE BOARD OF NATUROPATHIC MEDICINE TO MAKE RULES CONSISTENT WITH ACT 222, SPECIAL SESSION LAWS OF HAWAII 2009, TO ALLOW NATUROPATHIC PHYSICIANS TO PERFORM PARENTERAL THERAPY,"

begs leave to report as follows:

     The purpose of this measure is to urge the Board of Naturopathic Medicine (Board) to adopt administrative rules that include education and training requirements for parenteral therapy in accord with Act 22, Special Session Laws of Hawaii 2009, so that naturopathic doctors may resume the practice of parenteral therapy.

     Your Committee received testimony in support of this measure from one individual.  Testimony in opposition to this measure was submitted by the Board of Naturopathic Medicine.  Testimony commenting on this measure was submitted by the University of Hawai‘i John A. Burns School of Medicine and the Hawaii Medical Association.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that it was not the Legislature's intent to prohibit naturopathic doctors from performing parenteral therapy by passing Act 22, Special Session Laws of Hawaii 2009.  Your Committee notes that the delayed effective date of the prohibition of parenteral therapy in Act 22 was intended to provide the Board with sufficient time to establish the necessary administrative rules to ensure uninterrupted parenteral care regimens by naturopathic doctors. The current interruption of ongoing health care to patients previously receiving legal parenteral therapy from licensed naturopaths was unnecessary.

     Your Committee hopes that the Board of Naturopathic Medicine will remedy this situation by immediately adopting rules that grandfather parenteral therapy for all persons licensed under chapter 455, Hawaii Revised Statues, prior to January 1, 2010.  Your Committee further anticipates that the Board will speedily develop and pass administrative rules permitting naturopathic doctors to practice parenteral therapy thereby effecting the intent of Act 22, Special Session Laws of 2009.

     Your Committee has amended this measure by:

     (1)  Including more detailed background information of the history of parenteral therapy as practiced by naturopathic doctors in Hawaii and across the nation;

     (2)  Noting that there have been no complaints or malpractice insurance claims filed regarding parenteral therapy provided by a naturopathic doctor in Hawaii or nationally;

     (3)  Noting that licensing examinations for naturopathic doctors including parenteral therapeutics have previously been accepted by the State of Hawaii;

     (4)  Referencing H.B. No. 1155, a bill previously passed by the Legislature but vetoed by the Governor which clarified that naturopathic physicians have the authority to administer natural medicines by injection, as an example of the legislature's intent to allow naturopathic doctors to perform parenteral therapy;

     (5)  Explicitly referencing that the effective date of the section 3, Act 22, Hawaii Revised Statutes, regarding the prohibition of parenteral therapy by naturopathic doctors without governing administrative rules, was delayed until January 1, 2010, whereas the mandate to the Board to develop those administrative rules took effect immediately, demonstrating the Legislature's intent that there was to have been no break in parenteral therapy by naturopathic doctors; and

     (6)  Amending the title to correct an erroneous reference.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 123, as amended herein, and recommends that it be referred to the Committee on Commerce and Consumer Protection, in the form attached hereto as S.C.R. No. 123, S.D. 1.

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

____________________________

DAVID Y. IGE, Chair