Summary of bill HB935
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Aloha PA friends and supporters:
Below is my best summary of House bill HB935. SB1406 is its companion Senate bill.
Each have been referred to several committees for hearing:
HB935 has been triple referred to Health, Consumer Protection & Commerce, and Finance
SB1406 has been referred to Commerce, Consumer Protection & Health and Judiciary.
Most updates are to HRS 453 Medicine and Surgery with a few amendments to 329, 291, and 350.
Please email me with any questions or if you catch a mistake on my part.
Mahalo for your support! Christina Starks, MPA, PA-C firstname.lastname@example.org
Adds new sections to Chapter 453:
- 453- Definitions (pg. 4-8)
Defines: advanced directives, collaborating physician, durable medical equipment, distant site, Hawaii medical board, legend drugs, National Commission on Certification of Physician Assistants, optimal team practice, origination site, osteopathic medicine, physician assistant, practice agreement, radiologist, telemedicine.
- 453- PA scope of practice (pg. 8-10)
- 453- PA in disasters, emergency field response, and volunteering (pg. 11)
- 453- PA prescriptive authority (pg. 11)
which continues to be full Rx, schedule II-IV and “legend” drugs.
Adds PAs to the following existing sections:
- 453-1 Practice of medicine defined. (pg.12)
Defines collaboration and that physician or medical facility may establish terms of the collaboration
- 453-1.3 Practice of [telehealth] telemedicine. (pg 14-18)
- 453-1.5 Pain management guidelines (pg. 19)
- 453-3.2 Educational teaching license. (pg. 25-26)
- 453-3.5 Training replacement temporary license. (pg. 27-29)
- 453-4 [Qualifications] Physician, qualifications for examination and licensure. (pg.29-30)
Adds two PAs to the board and of the eleven physician board members, two with PA practice experience.
- 453-8.1 Voluntary limitation of license. (pg. 43-44)
- 453-8.7 Reporting requirements. (pg. 45-47)
- 453.18 Pelvic examinations on anesthetized or unconscious female patients. (pg. 47)
- 291-51 Certificate of disability (pg. 48)
PAs can issue medical statement that patient is disabled, limited, or impaired in the ability to walk.
- 291-51.4 Fraudulent verification of an applicant as a person with a disability; penalty (pg. 49)
- 350-1.1 Reporting child abuse/neglect to authorities. (pg.50)
- 453-5.3 Physician assistant, licensed required (pg.32-35)
Removes re-certification for licensure. Initial certification still required. 40 CMEs biennium now required. Adds section on inactive license, identification, PA education and collaborative plan available for inspection.
- 453-5.5 Physician assistant; authority to sign documents (pg. 35-37)
Adds hospice, scheduled II-IV and legend drugs, worker’ comp, no fault insurance, diabetic shoes and devices, durable medical equipment, physician order for life-sustaining treatment, Jones Act claim forms, advance directives, death certificates.
- 453-8 Revocation, limitation, suspension, or denial or licenses. (pg. 38-43)
Adds misconduct actions pertaining to: practicing unlicensed, abandoning patient, immoral conduct, sexual contact, mental incompetence, “secret” method treatment, collecting in excess of personal injury treatment reimbursement, exploiting patient for financial gain, accepting payments from labs for certain individual tests, etc.
- 329-1 is amended by amending the definition of "physician assistant" to read as follows: (pg. 49)
"Physician assistant" means a person licensed under section 453-5.3, who is registered under this chapter to administer, prescribe, or dispense a controlled substance [under the authority and supervision of a physician registered under section 329-33,] but who is not authorized to request, receive, or sign for professional controlled substance samples."