Report Title:
Traditional Hawaiian Healing Practices
Description:
Changes "panel" to "Kupuna Council" in relation to regulating traditional native Hawaii healing practices. Makes the Kupuna Council independent from the State and authorizes any individual regardless of race or ethnic origin to be certified by the Kupuna Council as a traditional native Hawaiian healer.
THE SENATE |
S.B. NO. |
2779 |
TWENTY-SECOND LEGISLATURE, 2004 |
||
STATE OF HAWAII |
||
|
A BILL FOR AN ACT
relating to traditional hawaiian healing practices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 453-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Nothing herein shall prohibit traditional Hawaiian healing practices by traditional native Hawaiian healers, both as recognized and certified as such by a [panel] Kupuna Council convened by Papa Ola Lokahi. No person or organization involved with the selection of [panel members] Kupuna Council members, the convening of the Kupuna Council, or the [denial of] certification process of healers under this subsection shall be sued or held liable for any cause of action that may arise out of their participation in the selection, convening, or certification process. Notwithstanding any law to the contrary, otherwise, for the purpose of this section, any person regardless of race or ethnic origin may be certified by a Kupuna Council.
Nothing in this section shall be interpreted to limit any rights to practice traditional Hawaii healing practices that are already protected by the state constitution as a protected Hawaiian cultural practice."
SECTION 2. Act 162, Session Laws of Hawaii 1998, section 4(a), as amended by Act 304, Session Laws of Hawaii 2001, section 2, is amended to read as follows:
"(a) Papa Ola Lokahi shall convene at least one [panel of traditional native Hawaiian healers] Kupuna Council to address issues [and recommend legislation] relating to the [permanent] implementation of the purposes of this Act. [A panel shall consist of any number of members deemed necessary by Papa Ola Lokahi provided that at least three native Hawaiian persons who are deemed by the Papa Ola Lokahi to be proficient in the practice of traditional native Hawaiian healing methods shall be members of any such panel. Once a panel is established, subsequent members shall be chosen by a majority of the existing panel members sitting on that panel; provided that if a prospective member claims to be proficient in the practice of traditional native Hawaiian healing methods, then the approval of a majority of the native Hawaiian healers on the panel shall be required. Each Kupuna Council shall be independent and not a creature of the state government and not the responsibility of any state entity. Each such Council shall be self-perpetuating, and consist of individuals deemed to be traditional native Hawaiian Kupuna healers by Papa Ola Lokahi or a Kupuna Council."
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.
INTRODUCED BY: |
_____________________________ |