STAND. COM. REP. NO. 3808

Honolulu, Hawaii

RE: H.B. No. 2576

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2576, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BACKGROUND CHECKS,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify and streamline background check requirements for health care facility applicants, operators, and direct patient access employees.

Your Committee received testimony in support of this measure from The Queen's Health Systems, Hawaiʻi Pacific Health, Hawaii Medical Association, Eye Surgery Center of Hawaii, LeadingAge Pacific West, Surgicare of Hawaii, Healthcare Association of Hawaii, Kaiser Permanente Hawaiʻi, and two individuals.

Your Committee received comments on this measure from the Department of Health.

Your Committee finds that the current background check process for health care facility applicants, operators, and direct patient access workers can be arduous and time-consuming for employers. This process can also be duplicative for employees who have been vetted through other processes such as licensure and hospital credentialing. Changes to the current process are necessary to support the recruitment and retention of a high‑quality caregiver and clinical workforce while ensuring the safety of patients.

Your Committee has amended this measure by:

(1) Clarifying that the exemption from fingerprint-based background checks for individuals who have submitted fingerprints as a condition of their licensure only applies to individuals working or volunteering at a state-licensed hospital;

(2) Exempting licensed physicians and physician assistants credentialed by a state-licensed hospital from finger‑print based background checks;

(3) Inserting language clarifying that a background check of out-of-state records shall not be required for individuals who are subject to biennial name-based background checks and have not lived or worked in another state since the individual's most recent background check;

(4) Specifying that the Department of Health or its designee may use background check information to determine suitability for working or serving in a health care facility; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2576, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2576, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair