STAND. COM. REP. NO. 964

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 808

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Health, to which was referred H.B. No. 808 entitled:

 

"A BILL FOR AN ACT RELATING TO HEALTH,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Clarify that telemedicine is within a physician's scope of practice and is authorized in Hawaii when practiced by a licensed physician providing services to patients; and

 

     (2)  Clarify existing laws regarding telehealth to ensure compliance with changes to the law regulating the practice of medicine.

 

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, The Hawaii Chamber of Commerce, and the Hawaii Medical Services Association.  Your Committee received testimony with in support of this measure with amendments from the Regulated Industries Complaint Office of the Department of Commerce and Consumer Affairs and the Hawaii Medical Board.

 

     Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

 

 

     Your Committee finds that this measure will enhance the Legislature's efforts to expand broadband capability as well as provide a cost-effective means to improve access to health care services, particularly in rural areas of the State.

 

     Your Committee further finds that, in order to promote consistency in related statutes and more effective enforcement, the definition of telemedicine should specify what does not constitute telecommunication services.

 

     Accordingly, your Committee has amended this measure by amending the definition of "telemedicine" to clarify that:

 

     (1)  Telemedicine may be used to establish a physician-patient relationship, to evaluate a patient, or to treat a patient, and "telehealth" as used in chapters 431, 432, and 432D, Hawaii Revised Statutes, includes "telemedicine"; and

 

     (2)  Standard telephone contacts, facsimile transmissions, or email text, in combination or by itself, do not constitute a telemedicine service.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 808, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 808, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

 

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

 

 

 

____________________________

DAVID Y. IGE, Chair