THE SENATE

S.B. NO.

726

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Health care practitioners.

 

 

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

 


SECTION 1. Chapter 436B, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   . health care professional TRANSPARENCY

436B-A Definitions. As used in this part:

"Advertisement" means any communication or statement, whether printed, electronic, or oral, that names the health care practitioner in relation to the health care practitioner's practice, profession, or institution in which the health care practitioner is employed, volunteers, or otherwise provides health care services, including business cards, letterhead, patient brochures, electronic mail, internet communications, audio and video, and any other communication or statement used in the course of business.

"Deceptive or misleading information" includes but is not limited to any advertisement or affirmative communication or representation that misstates, falsely describes, falsely holds out, or falsely details the health care practitioner's profession, skills, training, expertise, education, board certification, or licensure.

"Health care practitioner" includes:

(1) Acupuncture practitioners licensed under chapter 436E;

(2) Chiropractors licensed under chapter 442;

(3) Dental hygienists licensed under chapter 447;

(4) Dentists licensed under chapter 448;

(5) Physicians, surgeons, and physician assistants licensed under chapter 453;

(6) Naturopaths licensed under chapter 455;

(7) Nurses licensed under chapter 457;

(8) Nurse aides licensed under chapter 457A;

(9) Optometrists licensed under chapter 459;

(10) Pharmacists licensed under chapter 461;

(11) Physical therapists licensed under chapter 461J;

(12) Podiatrists licensed under chapter 463E;

(13) Psychologists licensed under chapter 465;

(14) Behavior analysts licensed under chapter 465D;

(15) Respiratory therapists licensed under chapter 466D;

(16) Speech pathologists and audiologists licensed under chapter 468E; and

(17) Any other person who provides health care services subject to certification or licensure.

436B-B Requirements. (a) An advertisement for health care services that names a health care practitioner shall identify the type of license held by that health care practitioner. The advertisement shall not contain any deceptive or misleading information.

(b) Any health care practitioner providing health care services shall conspicuously post and affirmatively communicate that health care practitioner's specific licensure as follows:

(1) The health care practitioner shall wear a photo identification name tag during all patient interactions that shall include:

(A) A recent photograph of the health care practitioner;

(B) The health care practitioner's name;

(C) The type of license held by the health care practitioner; and

(D) The expiration date of the license; and

(2) The health care practitioner shall display in the health care practitioner's office a writing that clearly identifies the type of license held by the health care practitioner, which shall be of sufficient size to be visible and apparent to all current and prospective patients.

(c) A medical doctor or doctor of osteopathic medicine who supervises or participates in collaborative practice agreements with non-M.D. or non-D.O. health care practitioners shall conspicuously post in each practice setting a schedule of the regular hours when the medical doctor or doctor of osteopathic medicine will be present in that location.

(d) A health care practitioner who practices in more than one location shall comply with the requirements of this section in each practice setting.

(e) Health care practitioners working in non-patient care settings, and who do not participate in direct patient care interactions, shall not be subject to the requirements of this section.

436B-C Aiding or facilitating unlicensed practice of health care; prohibition. (a) No health care practitioner shall knowingly aid, assist, procure, employ, or advise any unlicensed person or entity to practice or engage in acts contrary to the health care practitioner's degree of licensure.

(b) No health care practitioner shall delegate or contract for the performance of health care services by a person that the health care practitioner knows, or has reason to know, does not have the required authority pursuant to the person's licensure to perform such services.

436B-D Enforcement. (a) Any health care practitioner who violates section 436B-B or 436B-C shall be guilty of unprofessional conduct and subject to disciplinary action under the appropriate licensure provisions governing the respective health care practitioner.

(b) Each day of violation of section 436B-B or 436B-C shall constitute a separate offense and shall be punishable as such.

(c) Any fees and amounts billed to and paid by the patient for services performed in violation of section 436B-B or 436B-C, including moneys paid to third parties contracted to collect fees on behalf of the health care practitioner, the health care practitioner's employer, or any other entity contracting with the health care practitioner, shall be effectively rescinded and refunded.

(d) Professional sanctions, administrative fees, or other disciplinary actions imposed under this section shall be publicly reported in a journal of official record.

(e) Notwithstanding the imposition of any penalty under this section, a professional licensing board or other administrative agency with jurisdiction may seek an injunction or other legal means as appropriate against a person or entity violating section 436B-B or 436B-C."

SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Health Care Practitioners; Truth in Advertising Campaign; American Medical Association; Doctors

 

Description:

Requires health care providers to conspicuously post and communicate their specific type of licensure in their offices, communicate that information to patients in their practices, and include that information in their advertising. Imposes penalties for licensed health care providers who include deceptive or misleading information about their qualifications in their advertising, or misrepresent their qualifications to patients.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.