STAND. COM. REP. NO. 228

Honolulu, Hawaii

, 2021

RE: H.B. No. 302

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred H.B. No. 302 entitled:

"A BILL FOR AN ACT RELATING TO ADVANCED PRACTICE REGISTERED NURSES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Authorize advanced practice registered nurses to certify whether a person is totally disabled for purposes of the income tax code;

(2) Authorize advanced practice registered nurses to make capacity determinations for the purposes of advance mental health care directives; and

(3) Add advanced practice registered nurses as primary providers in advance mental health care directives.

Your Committee received testimony in support of this measure from The Queen's Health Systems, Hawaii – American Nurses Association, Hawaii Association of Professional Nurses, Hawaii Psychological Association, Hawaii State Center for Nursing, and three individuals. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from the Department of Taxation and Board of Nursing.

Your Committee finds that currently advanced practice registered nurses are permitted to practice to the full scope of their authorized practice, including practicing as primary care providers. Your Committee further finds certain sections of state law do not include advanced practice registered nurses within the scope of primary care providers for the purposes of disability determinations under the state income tax code or for advance mental health care directives. Your Committee believes that amending state law to be in conformity with the current scope of practice for advanced practice registered nurses is in the public's best interest.

Your Committee has amended this measure by:

(1) Clarifying that mental health capacity determinations may be made by an advanced practice registered nurse who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization;

(2) Changing the effective date to July 1, 2060, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 302, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 302, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair