STAND. COM. REP. NO. 2586

Honolulu, Hawaii

RE: S.B. No. 738

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 738 entitled:

"A BILL FOR AN ACT RELATING TO HEALTH CARE PRACTITIONERS,"

begs leave to report as follows:

The purpose and intent of this measure is to require specified health care practitioners to disclose to patients the practitioner's name, license, highest level of academic degree, and board certification, where applicable.

Prior to a hearing on this measure, your Committee posted and made available for public review a proposed S.D. 1, which deletes the contents of this measure and inserts language to expand the pool of orthodontists who are eligible to perform medically necessary orthodontic services for treatment of certain orofacial anomalies for which health insurance coverage is mandatory.

Your Committee received testimony in support of the proposed S.D. 1 from Lifetime of Smiles Hawaii and eleven individuals. Your Committee received comments on the proposed S.D. 1 from the Department of Health, Hawai‘i Pacific Health, Hawaii Medical Service Association, and Hawaii Dental Association.

Your Committee finds that existing law requires health insurance coverage of medically necessary orthodontic services for the treatment of certain orofacial anomalies, but requires these orthodontic services to be provided by a licensed dentist with a certification in orthodontics by the American Board of Orthodontics. Your Committee notes that a certification by the American Board of Orthodontics is voluntary and not required to practice orthodontics in the State.

Your Committee further finds that the American Board of Orthodontics certification requirement has limited the number of orthodontists in Hawaii who can perform medically necessary orthodontic treatments for individuals with orofacial anomalies. According to testimony received by your Committee, of the approximately forty orthodontists in Hawaii, only eleven are certified by the American Board of Orthodontics; of these, only a few have performed medically necessary orthodontic services for treatment of orofacial anomalies. Accordingly, the proposed S.D. 1 removes this barrier to access care and expands the pool of orthodontists who are eligible to perform orthodontic services for treatment of orofacial anomalies covered by health insurance.

Your Committee has amended this measure by adopting the proposed S.D. 1 and further amending the measure by:

(1) Clarifying that the term "orthodontic services" means direct or consultative services provided by a licensed dentist who has completed an orthodontic residency program accredited by the Commission on Dental Accreditation; and

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

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. 738, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 738, S.D. 1, and be placed on the calendar for Third Reading.

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

________________________________

ROSALYN H. BAKER, Chair