Report Title:

Advisory Committees; Payments

Description:

Authorizes $100 per completed consultation or case review to advisory committee members helping in licensing investigations. Requires members to consult to the director of DCCA in addition to the health care professionals regulatory boards. Requires boards to submit lists of potential members for appointment biennially rather than annually. (SD1)

THE SENATE

S.B. NO.

2911

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ADVISORY COMMITTEES.

 

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

SECTION 1. Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (s) to read as follows:

"(s) The director of commerce and consumer affairs may establish advisory committees, the members of which shall serve as consultants to the boards and to the director in their review of licensees referred for possible disciplinary action and as experts to the department for investigations and professional vocational licensing matters. Each advisory committee shall be appointed by the director from a list of licensees submitted [annually] biennially by the board or by referral from the regulated industry for which an advisory committee is appointed. Each member of the committee shall serve until a new committee is established or until the particular case for which the member was designated a consultant or expert has been concluded.

All members of the advisory committee [shall serve voluntarily and without compensation, but] shall be paid reasonable allowances for travel and expenses that may be incurred as a result of the performance of their duties on the committee[.] and shall be paid a fee of $100 for each completed consultation or case review. The fees and costs shall be paid by the department.

Any member of the advisory committee shall be immune from civil liability for any act done in connection with this subsection. Chapter 92 shall not apply to any person appointed under this subsection."

SECTION 2. Section 451D-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§451D-4[]] Advisory committees. (a) The director of commerce and consumer affairs may establish advisory committees, the members of which shall serve as consultants to the boards and to the director in their review of health care professionals referred for possible disciplinary action and as experts to the department for investigations. The advisory committee shall be appointed by the director from a list of health care professionals submitted [annually] biennially by the board for which an advisory committee is appointed.

The director shall develop an information sheet for each member describing the committee's purpose, roles and responsibilities of members, and procedures used to carry out the committee's work. When the board or director requests assistance from any member of the committee on a case, the board or director, as the case may be, shall make initial inquiries as may be necessary for the purpose of eliminating conflicts of interest prior to submission to any member of the committee.

(b) The membership of the advisory committee shall reflect, insofar as is practical, all areas of professional practice and include subgroupings of the major specialties. Each member of the committee shall serve until a new committee is established, or until the particular case for which the member was designated a consultant or expert has been concluded.

(c) All members of the advisory committee [shall serve voluntarily and without compensation, but] shall be paid reasonable allowances for travel and living expenses which may be incurred as a result of the performance of their duties on the committee[.] and shall be paid a fee of $100 for each completed consultation or case review. The fees and costs shall be paid by the department.

(d) There shall be no civil liability for any member of the advisory committee for any act done in furtherance of the purpose for which the advisory committee was established. Chapter 92 shall not apply to any person appointed under this section."

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.