STAND. COM. REP. NO.  1204-14


Honolulu, Hawaii

                , 2014


RE:   S.B. No. 2490

      S.D. 2

      H.D. 1





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii




     Your Committee on Health, to which was referred S.B. No. 2490, S.D. 2, entitled:




begs leave to report as follows:


     The purpose of this measure is to safeguard patient health and safety by updating continuing competency requirements and procedures in the practice of nursing.  Specifically, this measure:


     (1)  Establishes continuing competency procedures for licensed registered and practical nurses, including program, education, and record keeping requirements, along with other conforming amendments; and


     (2)  Requires the Department of Commerce and Consumer Affairs, in collaboration with the Center for Nursing, to convene a stakeholder group and report to the legislature regarding the proposed continuing competency requirements.


     The Hawaii State Center for Nursing, Hawaii Medical Association, Hawaii Association of Professional Nurses, Hawaii Pacific Health, Pali Momi Medical Center, and several individuals testified in support of this measure.  Two individuals testified in opposition of this measure.  The Board of Nursing provided comments.


     Your Committee notes that as the bill moves forward there remains questions on whether, employer groups and facilities, given the extended two year time period, will be able to properly and sufficiently support employed nurses in their ongoing efforts to maintain continuing competency requirements.


     Your Committee has amended this measure by:


     (1)  Removing provisions specifying the activities that do not meet the requirements for continuing competency;


     (2)  Removing provisions specifying the types of acceptable documentation that may be used as evidence of a licensee's completion of continuing competency requirements;


     (3)  Removing provisions setting out what contact hours or continuing education units may be used to fulfill continuing competency requirements;


     (4)  Removing provisions setting out what entities constitute an authorized provider for the purposes of completing continuing competency requirements;   


     (5)  Removing licensee record keeping requirements;


     (6)  Clarifying the procedures by which a nurse may be exempt from or receive an extension for the completion of continuing competency requirements;


     (7)  Clarifying the procedures for a board audit of a nurse's completion of continuing competency requirements;


     (8)  Specifying that each licensee, upon application for license renewal, shall both attest to and submit evidence of the licensee's completion of continuing competency requirements;


     (9)  Clarifying the definition of "competence" for the purposes of the State's law relating to nurses;


     (10) Specifying that the continuing competency requirements for registered nurses and practical nurses shall take effect on July 1, 2017;


     (11) Clarifying that false attestation of compliance with the continuing competency requirements is grounds for disciplinary action; and


     (12) Making technical, nonsubstantive amendments for clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2490, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2490, S.D. 2, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.


Respectfully submitted on behalf of the members of the Committee on Health,