STAND. COM. REP. NO. 1305

Honolulu, Hawaii

, 2023

RE: S.B. No. 63

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Health & Homelessness, to which was referred S.B. No. 63, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO NURSES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Authorize the Board of Nursing to issue temporary permits to practical nurses and registered nurses who are licensed in another jurisdiction, under certain circumstances or hold a multistate license issued by another state, territory, or country, under certain circumstances;

(2) Provide an exception from licensing requirements to nurses who are licensed in another state, territory, or country who are accompanying an out-of-state patient for less than two weeks and who are not employed or affiliated with a health care facility in the State; and

(3) Appropriate funds to the Department of Commerce and Consumer Affairs for the temporary permit process.

Your Committee received testimony in support of this measure from the Hawai‘i State Center for Nursing, Hawai‘i Pacific Health, The Queen's Health System, Hawai‘i Primary Care Association, Healthcare Association of Hawaii, The Kūpuna Caucus of the Democratic Party of Hawai‘i, Hawaii Association of Health Plans, and one individual. Your Committee received comments on this measure from the Regulated Industries Complaint Office, Board of Nursing, and Grassroot Institute of Hawaii.

Your Committee finds that there is a severe shortage of health care professionals in every field, including nurses, which has impacted nearly every hospital in the State. Your Committee further finds that when a traveling nurse is hired by a health care facility, the nurse must apply for a temporary permit and full credentialing requirement before practicing in the State. However, there is a considerable lag time between the submission of an application for a temporary permit and its issuance, resulting in the nurse being unable to work and unable to help alleviate the State's nurse staffing shortage. This measure seeks to streamline the permitting process for temporary licensure for registered nurses and licensed practical nurses, which will expand and strengthen the State's critical health care workforce and improve access to care for Hawaii residents.

Your Committee has amended this measure by:

(1) Clarifying certain requirements that must be met by an out-of-state licensed practical nurse or registered nurse before the Board of Nursing may issue a temporary permit, including deleting language requiring applicants for temporary permits to:

(A) Complete fingerprinting requirements for a criminal history record check; and

(B) Submit a certified copy of a self-query report from the National Practitioner Data Bank to the Board of Nursing;

(2) Clarifying that an individual who currently holds a multistate license may also meet these same requirements for a temporary permit;

(3) Deleting language permitting an out-of-state licensed practical nurse or registered nurse to simultaneously apply for a temporary permit and a license to practice;

(4) Deleting language providing an exception to the six-month expiration date of the temporary permit for applicants who simultaneously file an application for a temporary permit and a license to practice;

(5) Deleting language requiring the Board of Nursing to approve of an application within seven business days of the date the completed application was received;

(6) Restoring statutory language permitting the practice of nursing under a nonrenewable permit by a graduate of a school of nursing who has submitted an application for license to practice and is awaiting the results of their licensing examination;

(7) Changing the effective date to June 30, 3000, to encourage further discussion; and

(8) 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 & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 63, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 63, S.D. 2, 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 & Homelessness,

____________________________

DELLA AU BELATTI, Chair