CONFERENCE COMMITTEE REP. NO.17

Honolulu, Hawaii

, 2001

RE: S.B. No. 1390

S.D. 1

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1390, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRADITIONAL HAWAIIAN HEALING PRACTICES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to amend the law relating to Hawaiian healers.

Your Committee on Conference finds that Act 162, Session Laws of Hawaii 1998 (Act 162), responded to concerns that the performance of traditional Hawaiian healing practices would constitute the unauthorized practice of medicine under state law. To address this concern, Act 162:

    1. Temporarily exempted Hawaiian healers from the requirement that a person obtain a license before practicing medicine; and
    2. Authorized Papa Ola Lokahi, a non-profit Hawaiian health organization that serves as an umbrella for native Hawaiian health care planning activities in the State, to provide interim certification of Hawaiian healers.

The medical license exemption under Act 162 was to expire on July 1, 2002. Additionally, Act 162 only provided for the establishment of a single panel to certify Hawaiian healers. Unfortunately, Act 162 failed to recognize the Hawaiian tradition of recognizing localized healing practices.

Recognizing the value of Hawaiian healing practices, this bill makes the medical license exemption granted to Hawaiian healers under Act 162 permanent and provides Papa Ola Lokahi with a process by which to convene panels of Hawaiian healers to address issues related to Hawaiian healing practices on a localized basis. The measure also enables Papa Ola Lokahi to appoint subsequent members to its panels as it deems necessary to carry out its purposes.

Upon further consideration, your Committee on Conference has amended the bill by:

(1) Adding language to protect panel members and persons who participate in the denial of certification of a traditional Hawaiian healer, from tort liability; and

(2) Clarifying that once a panel is established, subsequent members shall be chosen by a majority of the existing panel members sitting on that panel, rather than being selected by a majority of all panel members.

Your Committee on Conference believes the clarification on how subsequent members of panels are selected was necessary to ensure that no ambiguity exists as to whether a majority of members from all panels established under Act 162 must vote in the affirmative in order for the new panel member to be officially impaneled.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1390, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1390, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

KENNETH T. HIRAKI, Chair

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JONATHAN CHUN, Chair