Report Title:

Traditional Hawaiian Healing Practices

Description:

Changes "panel" to "Elders' Council" in relation to regulating traditional native Hawaii healing practices. Makes the Elders' Council independent from the State and authorizes any individual regardless of race or ethnic origin to be certified by the Elders' Council as a traditional native Hawaiian healer. (SD2)

THE SENATE

S.B. NO.

2779

TWENTY-SECOND LEGISLATURE, 2004

S.D. 2

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[,] engaged in traditional native Hawaiian healing practices, both as recognized and certified as such by [a panel] an Elders' Council convened by Papa Ola Lokahi. No person or organization involved with the selection of [panel members] Elders' Council members, the convening of the Elders' Council, or the [denial of] certification process of healers under this subsection shall be held liable for any cause of action that may arise out of their participation in the selection, convening, or certification process. Nothing herein shall limit, alter, or otherwise adversely affect any rights of practice of traditional Hawaiian healing pursuant to the Constitution of the State of Hawaii."

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] Elders' Council to address issues [and recommend legislation] relating to the [permanent] implementation of the purposes of this Act. [A panel] An Elders' Council 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 or an Elders' Council to be proficient in the practice of traditional native Hawaiian healing methods shall be members of any such [panel.] Elders' Council. Once [a panel] an Elders' Council is established, subsequent members shall be chosen by a majority of the existing [panel] Elders' Council members sitting on that [panel;] Elders' Council; 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] traditional Hawaiian healers on the [panel] Elders' Council shall be required. An Elders' Council shall be independent, and not be a component of any state branch; and shall specifically not be subject to, without limitation, chapters 91 and 92. Furthermore, in the event that Papa Ola Lokahi ceases to exist or should be unable to act hereunder, then an Elders' Council may so convene other Elders' Councils. Not inconsistent with the initial policies first convened by Papa Ola Lokahi under this Act, all Elders' Councils shall develop their own policies, procedures, and rules necessary or appropriate to certify traditional Hawaiian healers without regard to chapter 91."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2010.