STAND. COM. REP. NO. 2096

Honolulu, Hawaii

RE:    S.B. No. 2864

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2864 entitled:

"A BILL FOR AN ACT RELATING TO PHYSICIAN DISCIPLINE,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Permit the Hawaii Medical Board to impose the same disciplinary action against a physician licensed in Hawaii as was taken by another state or federal agency;

     (2)  Establish conditions for the disciplinary action; and

     (3)  Prohibit a licensee from practicing in Hawaii until a final order of discipline is issued, if the licensee has been prohibited from practicing in another state.

     Your Committee received testimony in support of this measure from the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs, Hawaii Medical Board, Hawaii Medical Service Association, and Hawaii Medical Association.

     Your Committee finds that under existing law, the reasons for which the Hawaii Medical Board can impose reciprocal discipline on a Hawaii licensee are limited.  Accordingly, this measure will expedite the disciplinary process when a Hawaii licensee is disciplined by another state or a federal agency.  This measure will also protect Hawaii consumers during the disciplinary process by prohibiting a licensee who has been banned from practicing in another jurisdiction from practicing in Hawaii until the Hawaii Medical Board issues a final order.  This protection ensures that Hawaii patients will not be at risk of receiving medical treatment from a licensee who was the subject of serious discipline elsewhere.

     Your Committee further finds that according to the Federation of State Medical Boards, the number of reciprocal disciplinary actions imposed by state medical boards against physicians licensed in another state has increased measurably within the last several years.  This measure will enable the Hawaii Medical Board to keep pace with its counterparts nationwide and enable the Board to timely and appropriately respond to disciplinary actions taken elsewhere against Hawaii licensees.

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2864 and recommends that it pass Second Reading and be referred to your Committee on Judiciary and Labor.

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

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ROSALYN H. BAKER, Chair