STAND. COM. REP. NO. 1072-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 2544

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Health and Intrastate Commerce, to which was referred S.B. No. 2544, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ACUPUNCTURE,"

beg leave to report as follows:

The purpose of this measure is to clarify and update the scope of practice and licensure requirements for acupuncture practitioners.

Your Committees received testimony in support of this measure from the Board of Acupuncture; AcuPlan Hawaii; Hawaii Acupuncture Association; Institute of Clinical Acupuncture and Oriental Medicine; Acupuncture & Wellness Center, LLC; Kailua Acupuncture Clinic; Longevity Health Center; and fourteen individuals. Your Committees received testimony in opposition of this measure from Maui Holistic Physical Therapy and five individuals. Your Committees received comments on this measure from the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs, American Physical Therapy Association-Hawaii, and numerous individuals.

Your Committees find that thirty-four states and the District of Columbia have passed laws that allow physical therapists to perform dry needling. The State of Hawaii is missing the choice of dry needling by physical therapists to alleviate patients' pain and mobility issues, which can also alleviate opioid addiction.

Your Committees urge the Board of Acupuncture and Board of Physical Therapy to meet and talk or seek and participate in mediation to help resolve the acupuncture and physical therapy needling practice issue, which has become a very contentious issue, by dispute prevention and resolution through the Mediation Center of the Pacific.

Your Committees also find that existing laws relating to the scope of practice for acupuncturists have not been updated in more than twenty years and do not adequately describe the leading requirements or methods and techniques learned in the educational body of training used today. Education, research, biomedical training, and terminology have all evolved and advanced within the profession and updates are necessary to continue to meet current best standards of practice to treat and care for Hawaii residents. Your Committees believe that a working group should be established to consider and make recommendations on the scope of practice for acupuncturists.

Accordingly, your Committees have amended this measure by:

(1) Deleting its substantive contents;

(2) Establishing a working group to consider and make recommendations on the scope of practice for acupuncturists;

(3) Amending its purpose section;

(4) Changing the effective date to July 1, 2050, to encourage further discussion; and

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

As affirmed by the records of votes of the members of your Committees on Health and Intrastate Commerce that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2544, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2544, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committees on Health and Intrastate Commerce,

____________________________ TAKASHI OHNO, Chair

____________________________ JOHN M. MIZUNO, Chair