STAND. COM. REP. NO. 1112-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2905

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred S.B. No. 2905 entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL BOARD DISCIPLINARY ACTION,"

begs leave to report as follows:

The purpose of this bill is to add censure and reprimand to the disciplinary sanctions that the Board of Medical Examiners may impose on persons licensed to practice medicine, surgery, or osteopathy.

Testimony is support of this administration measure was received from the Department of Commerce and Consumer Affairs, Hawaii Medical Association, Hawaii Medical Service Association, and Board of Medical Examiners (BME).

Your Committee heard testimony that in overseeing its licensees, the BME is limited to the remedies of probation, license suspension or revocation, and fines. The Board may also restrict fields of practice and require further education or training. However, there are situations in which disciplinary sanctions are warranted, for which the suspension or revocation of the practitioner's license is too harsh a penalty. The medical boards of more than 40 states have the authority to censure or reprimand medical licensees.

 

Your Committee agrees that the sanctions of censure and reprimand would allow the Board to mete out the level of punishment that is appropriate for the offense committed, and would make it easier for BME to uphold the suspension or revocation of a license should a previously sanctioned or censured licensee commit further offenses.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2905 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

 

____________________________

KENNETH T. HIRAKI, Chair