STAND. COM. REP. NO. 296

Honolulu, Hawaii

RE:    S.B. No. 223

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Commerce, Consumer Protection, and Health and Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 223 entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Authorize a naturopathic physician to prescribe controlled substances that are consistent with naturopathic medical practice; and

     (2)  Clarify that narcotic drugs shall not be included within the naturopathic formulary.

     Your Committees received testimony in support of this measure from the Board of Naturopathic Medicine, Hawaii Society of Naturopathic Physicians, and thirty-eight individuals.  Your Committees received testimony in opposition to this measure from the Hawaii Medical Association, and one individual.  Your Committees received comments on this measure from the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs, Hawaii Medical Service Association, and one individual.

     Your Committees find that naturopathic physicians provide skilled and quality care to patients throughout the State.  Although naturopathic physicians in Hawaii have the ability to prescribe many of the medicines commonly prescribed in family practice, they are unable to prescribe controlled substances.  This measure therefore authorizes a naturopathic physician to prescribe controlled substances that are consistent with naturopathic medical practice, but specifies that narcotic drugs are not to be included within the naturopathic formulary.

     Your Committees further find that the Board of Naturopathic Medicine suggested in testimony before your Committees that the prescriptive authority of controlled substances be limited to testosterone, a schedule III controlled substance that is consistent with the practice of naturopathic medicine.  Your Committees agree with the suggestion of the Board of Naturopathic Medicine and conclude that amendments to this measure are necessary.

     Your Committees have amended this measure by:

     (1)  Clarifying that the prescriptive authority of controlled substances for naturopathic physicians is limited to testosterone;

     (2)  Clarifying that naturopathic physicians who violate the Uniform Controlled Substances Act can face disciplinary action; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Health and Public Safety, Intergovernmental, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 223, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 223, S.D. 1, and be referred to your Committees on Judiciary and Labor and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Commerce, Consumer Protection, and Health and Public Safety, Intergovernmental, and Military Affairs,

________________________________ CLARENCE K. NISHIHARA, Chair

________________________________ ROSALYN H. BAKER, Chair