REPORT TITLE:
Health Care Professionals


DESCRIPTION:
Establishes a Health Professionals Advisory Council in the DCCA
that analyzes, and presents findings and recommendations on
legislation that proposes to expand the scope of practice of a
health care professional. (SD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2279
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HEALTH CARE PROFESSIONALS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that over the last few
 
 2 years, various groups of health care professionals have sought to
 
 3 expand the scope of practice of their own practice or limit the
 
 4 scope of practice of other health care professionals.  Each time
 
 5 a new measure is considered to expand the scope of practice of a
 
 6 health profession, the legislature is at a disadvantage because
 
 7 there has been no objective review and analysis conducted on its
 
 8 behalf, which could assist the legislature in its deliberations
 
 9 on such measures.  Often times, the legislature becomes the
 
10 referee between those groups whose practices potentially overlap
 
11 and who have a great deal to win or lose in the outcome.
 
12      The legislature finds, however, that in making decisions on
 
13 measures of expanded scope of practice, it is necessary to have
 
14 an objective review and analysis conducted prior to consideration
 
15 and enactment of such measures.  Most, if not all, licensed
 
16 health care professions are within the regulatory authority or
 
17 jurisdiction of the department of commerce and commerce affairs.
 
18 The legislature therefore finds it is appropriate for the
 
19 department of commerce and consumer affairs to analyze and report
 

 
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 1 to the legislature on whether new measures to expand the scope of
 
 2 practice of health care professionals should be enacted.
 
 3      Accordingly, the purpose of this Act is to establish a
 
 4 health care advisory council to conduct fact-finding inquiries on
 
 5 measures that propose to expand the scope of practice of a health
 
 6 care professional.  The legislature believes that this approach
 
 7 will provide a thoughtful, reasoned approach to a discussion of
 
 8 the issues involved.
 
 9      SECTION 2.  Chapter 451D, Hawaii Revised Statutes, is
 
10 amended by adding two new sections to be appropriately designated
 
11 and to read as follows:
 
12      "§451D-A  Health care professionals; expansion in scope of
 
13 practice; analysis by the department.  (a)  New measures being
 
14 considered for enactment that, if enacted, would expand the scope
 
15 of practice of a health care professional shall be referred for
 
16 analysis to the department.  Referral shall be by resolution from
 
17 either chamber of the legislature that identifies a specific
 
18 legislative bill to be analyzed; provided that prior to the
 
19 referral, the department determines, upon its review of the new
 
20 measure, that:
 
21      (1)  The substance of the measure defines the area of
 
22           expanded scope of practice, and qualifications for and
 
23           any limitations to be placed on the expanded scope of
 

 
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 1           practice; and
 
 2      (2)  The measure can be understood in order to conduct the
 
 3           analysis required under subsection (b).
 
 4      (b)  The department shall cause to be conducted an analysis
 
 5 of a measure referred under subsection (a).  The analysis shall
 
 6 be limited to gathering scientific evidence, data and
 
 7 information, and conducting fact-finding inquiries relating to:
 
 8      (1)  A review of current trends in education and practice
 
 9           related to the proposed scope of practice; and
 
10      (2)  A determination of whether the expanded scope of
 
11           practice will benefit or harm consumers.
 
12      (c)  The department shall implement section 451D-B upon
 
13 receipt of a resolution adopted in accordance with subsection
 
14 (a).
 
15      (d)  The department shall submit a report to the legislature
 
16 no later than twenty days before the convening of the next
 
17 regular session of the legislature, unless otherwise stated in
 
18 the resolution, of the activities under subsection (b) of the
 
19 health professions advisory council convened pursuant to section
 
20 451D-B.
 
21      (e)  Health care professionals subject to this section
 
22 include any person who is licensed to provide health care
 
23 services pursuant to chapters 436E, 442, 447, 448, 451J, 452,
 

 
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 1 453, 455, 457, 457G, 458, 459, 460, 461J, 463E, 465, 466J, 468E,
 
 2 471, 461, and 467E.
 
 3      (f)  Notwithstanding this section, nothing shall preclude
 
 4 the legislature from consideration and enactment of a measure
 
 5 that would expand the scope of practice of a health care
 
 6 profession.
 
 7      (g)  For the purposes of this section, "expanded scope of
 
 8 practice" means inclusion of a new field of practice for a
 
 9 licensed health care professional, and not changing an already
 
10 authorized field of practice to include variations or additions.
 
11      §451D-B  Health professionals advisory council;
 
12 establishment; duties.  (a)  The director of commerce and
 
13 consumer affairs shall establish and convene within the
 
14 department the health professionals advisory council for the
 
15 purpose of conducting the fact-finding inquiry required under
 
16 section 451D-A.  The director shall appoint:
 
17      (1)  One member from each respective health care professions
 
18           specified in section 451D-A(e), with consideration of
 
19           the recommendation of the health care professional
 
20           associations substantially affected by the measure; and
 
21      (2)  Two public persons with no affiliation to any of the
 
22           health care professionals substantially affected by the
 
23           measure.
 

 
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 1      (b)  The term of members of the health professionals
 
 2 advisory council shall be four years, with no member serving more
 
 3 than two consecutive terms; provided that the terms for the
 
 4 initial members shall be staggered.  Members shall serve without
 
 5 compensation but shall be reimbursed for expenses, including
 
 6 travel expenses, necessary for the performance of their duties.
 
 7      (c)  On behalf of the department, the health professionals
 
 8 advisory council shall conduct activities under section 451D-A(b)
 
 9 and prepare a report to the department for purposes of section
 
10 451D-A(e), summarizing the data, information, and facts
 
11 concerning the proposed expansion of the scope of practice, as
 
12 provided in section 451D-A(b).
 
13      (d)  Chapter 92 shall apply to meetings of the health
 
14 professionals advisory council, and any analysis of the panel
 
15 shall be open to the extent required under chapter 92F after the
 
16 director submits the report required under 451D-A to the
 
17 legislature.
 
18      (e)  The director shall make available a neutral facilitator
 
19 to assist the health professionals advisory council to accomplish
 
20 the purposes of section 451D-A.
 
21      (f)  The department may provide administrative support to
 
22 the health professionals advisory council, upon request from time
 
23 to time by the council."
 

 
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 1      SECTION 4.  In codifying the new sections added to chapter
 
 2 451D, Hawaii Revised Statutes, by section 2 of this Act, the
 
 3 revisor of statutes shall substitute appropriate section numbers
 
 4 for letters used in the designation of new sections.
 
 5      SECTION 5.  New statutory material is underscored.
 
 6      SECTION 6.  This Act shall take effect upon its approval.