Board of Osteopathic Examiners

Abolishes the Board of Osteopathic Examiners and transfers
regulatory function to the Board of Medical Examiners.  (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 460, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "460-    Rules.  The board of medical examiners,
 5 established pursuant to chapter 453, shall adopt rules in
 6 accordance with chapter 91 for the administration of this
 7 chapter."
 8      SECTION 2.  Section 26-9, Hawaii Revised Statutes, is
 9 amended by amending subsection (c) to read as follows:
10      "(c)  The board of acupuncture, board of public accountancy,
11 board of barbering and cosmetology, boxing commission, board of
12 chiropractic examiners, contractors license board, board of
13 dental examiners, board of electricians and plumbers, elevator
14 mechanics licensing board, board of professional engineers,
15 architects, surveyors, and landscape architects, board of massage
16 therapy, board of medical examiners, motor vehicle industry
17 licensing board, motor vehicle repair industry board, board of
18 examiners in naturopathy, board of nursing, board of examiners in
19 optometry, [board of osteopathic examiners,] pest control board,

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 1 board of pharmacy, board of physical therapy, board of
 2 psychology, board of private detectives and guards, real estate
 3 commission, board of veterinary examiners, board of speech
 4 pathology and audiology, and any board, commission, program, or
 5 entity created pursuant to or specified by statute in furtherance
 6 of the purpose of this section including but not limited to
 7 section 26H-4, or chapters 484, 514A, and 514E shall be placed
 8 within the department of commerce and consumer affairs for
 9 administrative purposes."
10      SECTION 3.  Section 453-5, Hawaii Revised Statutes, is
11 amended by amending subsection (a) to read as follows:
12      "(a)  For the purpose of carrying out this chapter, the
13 governor shall appoint a board of medical examiners, whose duty
14 it shall be to examine all applicants for license to practice
15 medicine or surgery.  As used in this chapter, "board" means the
16 board of medical examiners.
17      The board shall consist of [nine] eleven persons, [seven]
18 nine of whom shall be physicians or surgeons licensed under the
19 laws of the State, two of whom shall be an osteopathic physician
20 or surgeon licensed under the laws of the State, and two of whom
21 shall be lay members appointed from the public at large.  Of the
22 [seven] nine members who are either a physician or surgeon
23 [members, four] or an osteopathic physician or surgeon, six shall

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 1 be appointed from the city and county of Honolulu and one each
 2 from each of the other counties.  Medical societies in the
 3 various counties may conduct elections periodically but no less
 4 frequently than every two years to determine nominees for the
 5 board to be submitted to the governor.  In making appointments,
 6 the governor may consider recommendations submitted by the
 7 medical societies and the public at large.  Each member shall
 8 serve until a successor is appointed and qualified."
 9      SECTION 4.  Section 460-1, Hawaii Revised Statutes, is
10 amended to read as follows:
11      "460-1  License to practice.  No person shall practice as
12 an osteopathic physician and surgeon either gratuitously or for
13 pay, or shall offer to so practice, or shall advertise or
14 announce, either publicly or privately, that the person is
15 prepared or qualified to so practice, or shall append the letters
16 "Dr." or the letters "D.O." to the person's name, with the intent
17 thereby to imply that the person is a practitioner as an
18 osteopathic physician and surgeon, without having a valid
19 unrevoked license, obtained from the board of [osteopathic]
20 medical examiners, in form and manner substantially as
21 hereinafter set forth.
22      Nothing herein shall:
23      (1)  Apply to any osteopathic physician and surgeon from

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                                     S.B. NO.           S.D. 1

 1           another state who is in actual consultation with a
 2           licensed physician of this State if the physician from
 3           another state is licensed to practice in the state in
 4           which the physician resides; provided that the
 5           physician from another state shall not open an office,
 6           or administer treatment to any patient except in actual
 7           temporary consultation with a resident licensed
 8           physician of this State; or
 9      (2)  Prohibit services rendered by any osteopathic
10           physician's assistant when the services are rendered
11           under the supervision, direction, and control of an
12           osteopathic physician and surgeon licensed in this
13           State, as may be specified by rule or statute.  The
14           board of [osteopathic] medical examiners shall adopt
15           rules to define the type of supervision, direction, and
16           control that must be maintained and the extent that the
17           personal presence of the osteopathic physician [and
18           surgeon will be required.  Any osteopathic physician
19           and surgeon who employs or directs an osteopathic
20           physician's assistant shall retain full professional
21           and personal responsibility for any act which
22           constitutes the practice of osteopathic medicine and
23           surgery when performed by an osteopathic physician's

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                                     S.B. NO.           S.D. 1

 1           assistant."
 2      SECTION 5.  Section 460-3, Hawaii Revised Statutes, is
 3 amended to read as follows:
 4      "460-3  Board of [osteopathic] medical examiners.  No
 5 person shall be licensed by the board of [osteopathic] medical
 6 examiners to practice as an osteopathic physician [and] or
 7 surgeon unless the applicant has been duly examined and found to
 8 be possessed of the necessary qualifications, or found to be
 9 otherwise qualified as herein provided.
10      As used in this chapter, "board" means the board of medical
11 examiners."
12      SECTION 6.  Section 460-14, Hawaii Revised Statutes, is
13 amended by amending subsection (a) to read as follows:
14      "(a)  In any proceedings before the board of [osteopathic]
15 medical examiners for the revocation or suspension of a license
16 under this chapter, upon any of the grounds listed in section
17 460-12, the person whose license is sought to be revoked or
18 suspended shall be given, pursuant to chapter 91, reasonable
19 written notice of the charge or charges upon which the proceeding
20 is based and of the time and place where a hearing will be held
21 and shall be given reasonable opportunity to be heard and present
22 evidence in the person's defense.
23      In the proceeding, the board may subpoena, administer oaths

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 1 to, and examine witnesses on any relevant matter in the
 2 proceeding.  The person whose license is sought in the proceeding
 3 to be revoked or suspended shall be entitled to require the board
 4 or any member thereof to subpoena and to administer oaths to any
 5 witness or witnesses who may be able to present evidence relevant
 6 in the proceeding, and shall be entitled to examine the witness
 7 and any other witness in the proceeding.  The circuit court of
 8 the circuit in which the proceeding is held shall have power to
 9 enforce by proper proceeding the attendance and testimony of
10 witnesses in the proceeding."
11      SECTION 7.  Section 460-17, Hawaii Revised Statutes, is
12 amended to read as follows:
13      "460-17  Records.  The board [of osteopathic examiners]
14 shall keep a record which shall be open to public inspection at
15 all reasonable times, of [its] proceedings relating to the
16 issuance, refusal, renewal, suspension, and revocation of
17 licenses to practice osteopathy and surgery.  This record shall
18 also contain the name, known place of business and residence, and
19 the date and number of the license of every registered
20 osteopathic physician [and] or surgeon."
21      SECTION 8.  Section 460-19, Hawaii Revised Statutes, is
22 amended by amending subsection (a) to read as follows:
23      "(a)  The department of commerce and consumer affairs shall

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                                     S.B. NO.           S.D. 1

 1 review each complaint and information received under sections 92-
 2 17, 329-44, 460-18, 663-1.7, 671-5, and 671-15.  The department
 3 shall investigate the complaint or information if it appears that
 4 the osteopathic physician [and] or surgeon who is the subject of
 5 the complaint or information has violated this chapter.  If the
 6 department determines that the osteopathic physician [and] or
 7 surgeon has violated this chapter, the department shall present
 8 the results of its investigation to the board [of osteopathic
 9 examiners] for appropriate disciplinary proceedings."
10      SECTION 9.  Section 460-4, Hawaii Revised Statutes, is
11 repealed.
12      ["460-4  Board; appointment, powers, and duties.  The
13 governor shall appoint a board of osteopathic examiners,
14 consisting of five persons, three of whom shall be osteopathic
15 physicians and surgeons licensed under the laws of this State and
16 two of whom shall be public members.  As used in this chapter,
17 "board" means the board of osteopathic examiners.
18      Subject to chapter 91 and with the approval of the governor
19 and the director of commerce and consumer affairs, the board may
20 adopt, amend, and repeal all necessary rules relating to the
21 enforcement of this chapter and not inconsistent therewith."]
22      SECTION 10.  The term of any member of the board of
23 osteopathic examiners who was appointed before the effective date

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                                     S.B. NO.           S.D. 1

 1 of this Act shall terminate on the effective date of this Act.
 2      SECTION 11.  All rules, guidelines, and other material
 3 adopted or developed by the board of osteopathic examiners shall
 4 remain in full force and effect until amended or repealed by the
 5 board of medical examiners.  In the interim, every reference to
 6 the board of osteopathic examiners in those rules, guidelines,
 7 and other material is amended to refer to the board of medical
 8 examiners.
 9      SECTION 12.  This Act does not affect rights and duties that
10 matured, penalties that were incurred, and proceedings that were
11 begun, before its effective date.
12      SECTION 13.  Amendment of conflicting laws.  All laws and
13 parts of laws heretofore enacted which are in conflict with the
14 provisions of this Act are hereby amended to conform herewith.
15 All Acts passed during this Regular Session of 1999, whether
16 enacted before of after the passage of this Act, shall be amended
17 to conform to this Act, unless such Acts specifically provide
18 otherwise.  Amendments made to sections of the Hawaii Revised
19 Statutes that are amended by this Act as of a future effective
20 date shall include amendments made after the approval of this Act
21 and before the effective date of the amendments made by this Act,
22 to the extent that the intervening amendments may be harmonized
23 with the amendments made by this Act.

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                                     S.B. NO.           S.D. 1

 1      SECTION 14.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 15.  This Act shall take effect upon its approval.