|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2552 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to emergency healthcare LICENSURE waivers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii faces escalating threats from natural disasters, including wildfires, hurricanes, flooding, and public health emergencies necessitating the rapid deployment of healthcare professionals for medical and behavioral health needs. Past reliance on gubernatorial proclamations for out-of-state license waivers has proven effective but has caused delays and hampered coordination with partners, including the military and the American Red Cross.
The purpose of this Act is to codify streamlined emergency licensure flexibilities to enable the swift mobilization of qualified healthcare professionals, thereby enhancing Hawaii's disaster response capabilities.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§321- Emergency healthcare licensure
flexibility. (a) Notwithstanding any law to the contrary,
during a state of emergency or local state of emergency declared by the
governor or a county mayor pursuant to chapter 127A, the following professionals may engage in the practice of
their respective professions in the State without a Hawaii-issued license,
subject to the conditions in this section:
(1) Physicians and
osteopathic physicians;
(2) Physician
assistants;
(3) Registered
nurses, licensed practical nurses, and advanced practice registered nurses,
including those with prescriptive authority;
(4) Emergency
medical service personnel;
(5) Pharmacists;
(6) Mental health
counselors; and
(7) Other
healthcare professionals as designated by the department of health in
consultation with the department of commerce and consumer affairs.
(b) To qualify to practice under this section,
individuals shall:
(1) Hold a current
and active license in good standing in another state, territory, or the
District of Columbia, or have previously held a license in good standing in
Hawaii that was not revoked or surrendered under discipline;
(2) Have no history
of license revocation, suspension, or voluntary surrender due to disciplinary
action in any jurisdiction;
(3) Be affiliated
with a state or county government agency, hospital, licensed healthcare
facility, federally qualified health center, or nationally recognized emergency
response organization, including the American Red Cross, Federal Emergency
Management Agency, or any military medical unit; and
(4) Comply with the
scope of practice, standards of care, and prescribing authority of the person's
home jurisdiction, not exceeding Hawaii's standards.
(c) Telehealth services may be provided by
eligible out‑of-state practitioners without requiring an in‑person
consultation or existing provider-patient relationship; provided that the
services comply with the provider's home jurisdiction's laws and standards of
care, and federal privacy laws. All
patient records shall be transferred to a Hawaii-licensed provider upon request
or during a transition of care.
(d) The department of health shall:
(1) Establish and
publicly maintain an online registry of professionals practicing under this
section, including verification of credentials and affiliation;
(2) Require
self-registration via a secure portal within twenty-four hours of the deployment
in Hawaii of a professional pursuant to this section, with expedited department
verification within forty-eight hours;
(3) Coordinate with
the department of commerce and consumer affairs for license checks; and
(4) Adopt
administrative rules under chapter 91 to implement this section, including
reporting on utilization and outcomes.
(e) Authorization under this section shall expire
upon termination of the emergency declaration or sixty days after activation,
whichever is sooner, unless extended by the governor. The department of health may immediately
revoke authorization for violations, malpractice, or criminal conduct, with
notice to the practitioner's home jurisdiction.
(f) No civil liability shall attach to the State,
counties, or facilitating entities for good-faith actions under this
section. Practitioners remain subject to
Hawaii malpractice laws and insurance requirements.
(g) The department of health shall submit a report to the legislature no later than twenty days prior to the convening of each regular session on program usage, which shall include the number of professionals authorized to practice, services provided, recommendations for improvements, and any proposed legislation."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
DOH; Emergency; Healthcare; Licenses; Waivers; Reports
Description:
Authorizes
the waiver of certain healthcare worker licensure requirements during
emergencies. Requires an annual report
to the legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.