Bill Text: HI HB51 | 2012 | Regular Session | Introduced
Bill Title: Telemedicine; Behavioral Health; License Exemption; Military Patients
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB51 Detail]
Download: Hawaii-2012-HB51-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
51 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to telemedicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 453-1.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [Nothing] Subject to
section 453‑2(b), nothing in this section shall preclude any
physician acting within the scope of the physician's license to practice from
practicing telemedicine as defined in this section."
SECTION 2. Section 453-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Nothing herein shall:
(1) Apply to so-called Christian Scientists; provided that the Christian Scientists practice the religious tenets of their church without pretending a knowledge of medicine or surgery;
(2) Prohibit service in the case of emergency or the domestic administration of family remedies;
(3) Apply to any commissioned medical officer in the
United States armed forces or public health service engaged in the discharge of
one's official duty, [nor] including a commissioned medical officer, a
commissioned behavioral health professional, or a contracted behavioral health
professional employed by the United States Department of Defense, while
providing direct telemedicine support or services to neighbor island
beneficiaries within a Hawaii national guard armory on the island of Kauai,
Hawaii, or Maui; provided that the commissioned medical officer or the commissioned
or civilian behavioral health professional employed by the United States
Department of Defense is credentialed by Tripler Army Medical Center;
(4) Apply to any practitioner of medicine and surgery from another state when in actual consultation, including in-person, mail, electronic, telephonic, fiber-optic, or other telemedicine consultation with a licensed physician or osteopathic physician of this State, if the physician or osteopathic physician from another state at the time of consultation is licensed to practice in the state in which the physician or osteopathic physician resides; provided that:
(A) The physician or osteopathic physician from another state shall not open an office, or appoint a place to meet patients in this State, or receive calls within the limits of the State for the provision of care for a patient who is located in this State;
(B) The licensed physician or osteopathic physician of this State retains control and remains responsible for the provision of care for the patient who is located in this State; and
(C) The laws and rules relating to contagious diseases are not violated;
[(4)] (5) Prohibit services rendered by
any person certified under part II of this chapter to provide emergency medical
services, or any physician assistant, when the services are rendered under the
direction and control of a physician or osteopathic physician licensed in this
State except for final refraction resulting in a prescription for spectacles,
contact lenses, or visual training as performed by an oculist or optometrist
duly licensed by the State. The direction and control shall not be construed
in every case to require the personal presence of the supervising and
controlling physician or osteopathic physician. Any physician or osteopathic
physician who employs or directs a person certified under part II of this
chapter to provide emergency medical services, or a physician assistant, shall
retain full professional and personal responsibility for any act that
constitutes the practice of medicine when performed by the certified person or
physician assistant;
[(5)] (6) Prohibit automated external
defibrillation by:
(A) Any first responder personnel certified by the department of health to provide automated external defibrillation when it is rendered under the medical oversight of a physician or osteopathic physician licensed in this State; or
(B) Any person acting in accordance with section 663-1.5(e); or
[(6)] (7) Prohibit a radiologist duly
licensed to practice medicine and provide radiology services in another state
from using telemedicine while located in this State to provide radiology
services to a patient who is located in the state in which the radiologist is
licensed. For the purposes of this paragraph:
"Radiologist" means a doctor of medicine or a doctor of osteopathy certified in radiology by the American Board of Radiology or the American Board of Osteopathy.
"Telemedicine" means the use of telecommunications services, as that term is defined in section 269-1, including real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, such as diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, and deliver health care services and information to parties separated by distance."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Telemedicine; Behavioral Health; License Exemption; Military Patients
Description:
Exempts from licensing requirement to practice medicine in the State any commissioned medical officer or commissioned or civilian behavioral health professional employed by the U.S. Department of Defense, who are credentialed by Tripler Army Medical Center, while providing direct telemedicine support or services to neighbor island beneficiaries within a Hawaii national guard armory on the island of Kauai, Hawaii, or Maui.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
