STAND. COM. REP. NO. 1067-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 2558

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 2558, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TELEHEALTH,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Provide a limited exemption from licensure as a physician in Hawaii for out-of-state physicians who are licensed and in good standing in the state in which they reside to provide telemedicine services to a patient in Hawaii via telehealth, under certain conditions; and

(2) Clarify that a physician-patient relationship may be established with an out-of-state physician via telehealth under certain circumstances.

Your Committee received testimony in support of this measure from the State Health Planning and Development Agency; State Council on Mental Health; ATA Action; Grassroot Institute of Hawaii; AlohaCare; Hawaiian Islands Republican Women; Maui County Healthcare Partnership; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaiʻi Association of Professional Nurses and three individuals. Your Committee received comments on this measure from the Hawaii Medical Board; Healthcare Association of Hawaii; Hawaii Medical Service Association; and Hawaii Medical Association.

Your Committee finds that the State continues to face a significant physician shortage, which is especially acute on the neighbor islands and limits patient access to timely specialty care. Residents with complex or serious conditions often must travel out-of-state to obtain necessary consultations, creating substantial financial and logistical burdens and delaying treatment. Your Committee believes that expanding access to telehealth will help increase the availability of specialty services and reduce barriers to needed medical treatment.

Your Committee has amended this measure by:

(1) Specifying that the limited exemption for out-of-state physicians under this measure is for telehealth services, rather than telemedicine services;

(2) Requiring, as a condition precedent for an out-of-state physician to conduct telehealth services under the exemption in this measure, that a physician licensed in the State referred the out-of-state physician;

(3) Specifying that, where an out-of-state physician is not a holder of an expedited license under the Interstate Medical Licensure Compact, the prescriptions and procedures to be dispensed or performed in the State must be approved by a physician licensed in the State, rather than requiring the out-of-state physician to be subject to the supervision of a physician licensed in the State;

(4) Requiring that the out-of-state physician report to the Hawaii Medical Board all disciplinary actions taken against the out-of-state physician in other jurisdictions no later than three days before the initial consultation with a patient located within the State;

(5) Clarifying that the out-of-state physician is considered to be under the jurisdiction of the Hawaii Medical Board and subject to appropriate disciplinary action;

(6) Specifying that the limited exemption under this measure is only for the initial consultation that establishes the physician-patient relationship between the out-of-state physician and patient; and

(7) 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 Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2558, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2558, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

SCOT Z. MATAYOSHI, Chair