Effective July 1, 2022 Act 293 (HB1575 HD2 SB2) Signed Into Law

Posted about 1 month ago

The Hawaii Academy of PAs is proud to announce the passage of Act 293, signed into law by Governor David Ige on July 12, 2022. Effective July 1, 2022, Act 293 makes several expansions to PA practice in Hawaii including:

  1. Amends HRS 291-51 to allow PAs to issue a "certificate of disability" and determine if a person meets criteria as a "person with a disability"
  2. Amends HRS 291-51.4 to include PAs as providers who are liable (petty misdemeanor) for fraudulent verification of disability
  3. Amends HRS 327K-1 to include PAs as a "Patient's provider" for the purpose of executing a "Provider orders for life-sustaining treatment form" (POLST)
  4. Amends HRS 327K-3 to include PAs as protected providers from criminal prosecution, civil liability, and unprofessional conduct for treatment in good faith - including CPR - even against a do not resuscitate order.
  5. Amends HRS 329-38 to eliminate 100% medical records review of PA orders for controlled substance prescriptions. Medical records review is covered by HRS 453, which is further amended by this act (see #9 below).
  6. Amends HRS 338-9 to include PAs as providers to attend and certify and document cause of death on a death certificate.
  7. Amends HRS 338-17.7 to allow PAs to provide a signed affidavit for the purpose of issuing a new birth certificate for individuals seeking a legal gender marker change.
  8. Amends HRS 392-26 to include PAs as providers allowed to certify a person to receive temporary disability benefits.
  9. Amends HRS 453-5.3 to further define requirements for medical records review of PAs who issue prescriptions for controlled substances.
  10. Amends HRS 453-5.5 to allow PAs to sign orders for occupational therapy and plans of care.
  11. Amends HRS 461-1 to include PAs as providers for the purpose of defining the "practice of pharmacy"

Please note that the above descriptions are summary statements only and should not be used in place of the actual statute. Please refer directly to the language of Act 293 and the original, relevant statutes for the complete language of the amendments.

HAPA recognizes the herculean efforts of Scott Denny, past-president and current legislative liaison, who spent countless hours working to craft the language of the bill, meeting with key legislators and stakeholders to gain sponsorship and support, coordinating with the Hawaii Medical Board, working with the OT Association of Hawaii on the amendment to HRS 453-5.5, providing and collecting supporting testimony for every legislative hearing, and generally navigating the roller coaster of the Hawaii legislative process. Scott worked tirelessly on behalf of our profession and our patients. Thank you, Scott!

HAPA would also like to thank Ahlani Quiogue and the Hawaii Medical Board, the Occupational Therapy Association of Hawaii, our organizational supporters, including Kaiser Permanente, Hawaii Pacific Health, and Queens Medical Center, and individuals in the community who provided written and virtual testimony in support of our legislative efforts.

Last, but not least, HAPA thanks each one of our members for continued support of our organization.  

HAPA is a modest, fully volunteer organization working on behalf of the 450+ PAs in Hawaii. The passage of Act 293 represents real progress for PA practice in Hawaii. However, we all know and understand there is still much work to be done to modernize PA practice and improve the care PAs can provide. In the coming months and years, it is incumbent on each of us to advocate for our profession toward the betterment of our community.