STAND. COM. REP. NO.554

Honolulu, Hawaii

, 2003

RE: S.B. No. 792

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 792 entitled:

"A BILL FOR AN ACT RELATING TO ADVANCED PRACTICE REGISTERED NURSES,"

begs leave to report as follows:

The purpose of this measure is to prohibit malpractice insurers from imposing a surcharge or otherwise discriminating against a physician who enters into a professional collaboration with an advanced practice registered nurse (APRN). Further, this measure clarifies that such collaborations impose no duty upon the physician to supervise the APRN.

Hawaii Nurses' Association and two individuals submitted testimony supporting this measure. The Department of Commerce and Consumer Affairs, and the Hawaii Association for Physicians Indemnity submitted comments on this measure. Consumer Lawyers of Hawaii and Hawaii Medical Association submitted testimony opposing this measure.

Your Committee finds that the laws regulating APRNs imply that a collegial relationship or collaboration with a physician is required for an APRN to practice legally in the State. To allow discrimination by insurance companies would, in effect, cause physicians to abandon their collegial relationships with APRNs and therefore prevent APRNs from practicing.

The "no duty to supervise" provisions were added to clarify the autonomy of each party in a collaborative arrangement. However, your Committee finds that further discussion is needed to develop appropriate language on this issue and has therefore amended the measure to delete the provisions altogether.

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 S.B. No. 792, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 792, S.D. 1, and be referred to the Committee on Commerce, Consumer Protection and Housing.

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

____________________________

ROSALYN H. BAKER, Chair