Bill Text: HI HB2433 | 2016 | Regular Session | Introduced

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Bill Title: Health; Alternative Medicine; Complementary Medicine

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-01 - Referred to HLT, CPC, JUD, referral sheet 5 [HB2433 Detail]

Download: Hawaii-2016-HB2433-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2433
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the State of Hawaii has a unique and rich blend of cultures and ethnicities that include many different healing traditions.  Complementary and alternative medicine takes on increased significance in Hawaii because our diverse population uses complementary and alternative treatments frequently.  The legislature further finds that these complementary and alternative treatments do not pose a known risk to the health and safety of Hawaii residents.

     The purpose of this Act is to allow access by Hawaii residents to complementary and alternative health care practitioners who are not providing services that require medical training or other credentials.

     SECTION 2.  Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§453-A  Complementary and alternative medicine.  (a)  Notwithstanding any other provision of law, a person who complies with the requirements of section 453-B shall not be in violation of this chapter unless that person:

     (1)  Conducts surgery or any other procedure on another person that punctures the skin or harmfully invades the body;

     (2)  Administers or prescribes x-ray radiation to another person;

     (3)  Prescribes or administers legend drugs or controlled substances to another person;

     (4)  Recommends the discontinuance of legend drugs or controlled substances prescribed by a licensed practitioner authorized by law to issue prescriptions;

     (5)  Wilfully diagnoses and treats a physical or mental condition of any person under circumstances or conditions that cause or create a risk of bodily harm, serious physical or mental illness, or death;

     (6)  Sets fractures;

     (7)  Treats lacerations or abrasions through electrotherapy; or

     (8)  Holds out, states, indicates, advertises, or implies to a client or prospective client that the person is a physician, surgeon, or physician and surgeon.

     (b)  A person who advertises any services not unlawful under section 328-20, shall disclose in the advertisement that the person is not licensed or certified by the State as a healing arts practitioner."

     SECTION 3.  Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§453-B  Disclosure and consent.  (a)  A person, who is not a licensed physician or who is not otherwise licensed or certified by the State, who provides services that are not unlawful under section 453-A shall, prior to providing those services:

     (1)  Disclose to the client in a written statement using plain language the following information:

         (A)  That the person is not a licensed physician;

         (B)  That the treatment is alternative or complementary to healing arts services licensed or certified by the State;

         (C)  That the services to be provided are not licensed or certified by the State;

         (D)  The nature of the services to be provided;

         (E)  The theory of treatment upon which the services are based; and

         (F)  The person's educational, training, experience, and other qualifications regarding the services to be provided; and

     (2)  Obtain a written acknowledgement from the client stating that the client has been provided with the information described in paragraph (1).  The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years.

     (b)  The information required by subsection (a) shall be provided in a language that the client understands.

     (c)  Nothing in this section or in section 453-A shall be construed to:

     (1)  Affect the scope of practice of licensed physicians and surgeons; or

     (2)  Limit the right of any person to seek relief for negligence or any other civil remedy against a person providing services subject to the requirements of this section."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Health; Alternative Medicine; Complementary Medicine

 

Description:

Allowing access to complementary and alternative health care practitioners who are not providing services that require medical training and credentials.  Regulating the activities and advertisements of complementary and alternative health care practitioners.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.