RELATING TO THE INTERSTATE MEDICAL LICENSURE COMPACT.

HB1046

HOUSE OF REPRESENTATIVES

H.B. NO.

1046

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THE INTERSTATE MEDICAL LICENSURE COMPACT
.

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

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SECTION 1.
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The legislature finds that it is necessary to
authorize the Hawaii medical board to conduct criminal history record checks to
fully comply
with
the statutes, rules, policies, and bylaws of the Interstate Medical Licensure
Compact.
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This authorization will
enable Hawaii to participate
as
a state of principal license
in the compact.
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Without the designation as a state of
principal license, physicians licensed in Hawaii who are otherwise eligible and
seeking to participate in the compact would need to apply for compact licensure
through other states serving as their states of principal license.

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Accordingly,
the purpose of this Act is to authorize the Hawaii medical board to perform
criminal history record checks, thereby

allowing the Hawaii medical board to fully comply with the statute, rules,
policies, and bylaws of the Interstate Medical Licensure Compact as a state of
principal license.

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SECTION
2.
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Section 846-2.7, Hawaii Revised
Statutes, is amended by amending subsection (b) to read as follows:

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"
(b)
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Criminal history record checks may be
conducted by:

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(1)
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The department of health or its designee on
operators of adult foster homes for individuals with developmental disabilities
or developmental disabilities domiciliary homes and their employees, as
provided by section 321-15.2;

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(2)
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The department of health or its designee on
prospective employees, persons seeking to serve as providers, or subcontractors
in positions that place them in direct contact with clients when providing
non-witnessed direct mental health or health care services as provided by
section 321-171.5;

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(3)
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The department of health or its designee on
all applicants for licensure or certification for, operators for, prospective
employees, adult volunteers, and all adults, except adults in care, at
healthcare facilities as defined in section 321-15.2;

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(4)
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The department of education on employees,
prospective employees, and teacher trainees in any public school in positions
that necessitate close proximity to children as provided by section 302A-601.5;

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(5)
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The counties on employees and prospective
employees who may be in positions that place them in close proximity to
children in recreation or child care programs and services;

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(6)
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The county liquor commissions on applicants
for liquor licenses as provided by section 281-53.5;

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(7)
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The county liquor commissions on employees and
prospective employees involved in liquor administration, law enforcement, and
liquor control investigations;

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(8)
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The department of human services on operators
and employees of child caring institutions, child placing organizations, and
resource family homes as provided by section 346-17;

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(9)
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The department of human services on
prospective adoptive parents as established under section 346-19.7;

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(10)
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The department of human services or its
designee on applicants to operate child care facilities, household members of
the applicant, prospective employees of the applicant, and new employees and
household members of the provider after registration or licensure as provided
by section 346-154, and persons subject to section 346-152.5;

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(11)
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The department of human services on persons
exempt pursuant to section 346-152 to be eligible to provide child care and
receive child care subsidies as provided by section 346-152.5;

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(12)
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The department of health on operators and
employees of home and community-based case management agencies and operators
and other adults, except for adults in care, residing in community care foster
family homes as provided by section 321-15.2;

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(13)
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The department of human services on staff
members of the Hawaii youth correctional facility as provided by section
352-5.5;

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(14)
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The department of human services on employees,
prospective employees, and volunteers of contracted providers and
subcontractors in positions that place them in close proximity to youth when
providing services on behalf of the office or the Hawaii youth correctional
facility as provided by section 352D-4.3;

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(15)
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The judiciary on employees and applicants at
detention and shelter facilities as provided by section 571-34;

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(16)
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The department of corrections and
rehabilitation on employees and prospective employees, volunteers, contract
service providers, and subcontract service providers who are directly involved
with the treatment and care of, or directly involved in providing correctional
programs and services to, persons committed to a correctional facility, or
placed in close proximity to persons committed when providing services on
behalf of the department or the correctional facility, as provided by section
353-1.5 and the department of law enforcement on employees and prospective
employees whose duties involve or may involve the exercise of police powers
including the power of arrest as provided by section 353C-5;

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(17)
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The board of private detectives and guards on
applicants for private detective or private guard licensure as provided by
section 463-9;

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(18)
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Private schools and designated organizations
on employees and prospective employees who may be in positions that necessitate
close proximity to children; provided that private schools and designated
organizations receive only indications of the states from which the national
criminal history record information was provided pursuant to section 302C-1;

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(19)
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The public library system on employees and
prospective employees whose positions place them in close proximity to children
as provided by section 302A-601.5;

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(20)
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The State or any of its branches, political
subdivisions, or agencies on applicants and employees holding a position that
has the same type of contact with children, vulnerable adults, or persons
committed to a correctional facility as other public employees who hold
positions that are authorized by law to require criminal history record checks
as a condition of employment as provided by section 78-2.7;

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(21)
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The department of health on licensed adult day
care center operators, employees, new employees, subcontracted service
providers and their employees, and adult volunteers as provided by section
321-15.2;

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(22)
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The department of human services on purchase
of service contracted and subcontracted service providers and their employees
and volunteers, as provided by sections 346-2.5 and 346-97;

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(23)
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The department of human services on foster
grandparent program, senior companion program, and respite companion program
participants as provided by section 346-97;

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(24)
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The department of human services on contracted
and subcontracted service providers and their current and prospective employees
that provide home and community-based services under section 1915(c) of the
Social Security Act, title 42 United States Code section 1396n(c), or under any
other applicable section or sections of the Social Security Act for the
purposes of providing home and community-based services, as provided by section
346-97;

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(25)
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The department of commerce and consumer
affairs on proposed directors and executive officers of a bank, savings bank,
savings and loan association, trust company, and depository financial services
loan company as provided by section 412:3-201;

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(26)
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The department of commerce and consumer
affairs on proposed directors and executive officers of a nondepository
financial services loan company as provided by section 412:3-301;

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(27)
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The department of commerce and consumer
affairs on the original chartering applicants and proposed executive officers
of a credit union as provided by section 412:10-103;

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(28)
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The department of commerce and consumer
affairs on:

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(A)
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Each principal of every non-corporate
applicant for a money transmitter license;

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(B)
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Each person who upon approval of an
application by a corporate applicant for a money transmitter license will be a
principal of the licensee; and

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(C)
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Each person who upon approval of an
application requesting approval of a proposed change in control of licensee
will be a principal of the licensee,

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as
provided by sections 489D-9 and 489D-15;

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(29)
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The department of commerce and consumer
affairs on applicants for licensure and persons licensed under title 24;

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(30)
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The Hawaii health systems corporation on:

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(A)
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Employees;

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(B)
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Applicants seeking employment;

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(C)
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Current or prospective members of the
corporation board or regional system board; or

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(D)
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Current or prospective volunteers,
providers, or contractors,

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in
any of the corporation's health facilities as provided by section 323F-5.5;

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(31)
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The department of commerce and consumer
affairs on:

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(A)
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An applicant for a mortgage loan
originator license, or license renewal; and

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(B)
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Each control person, executive officer,
director, general partner, and managing member of an applicant for a mortgage
loan originator company license or license renewal,

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as
provided by chapter 454F;

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(32)
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The state public charter school commission or
public charter schools on employees, teacher trainees, prospective employees,
and prospective teacher trainees in any public charter school for any position
that places them in close proximity to children, as provided in section
302D-33;

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(33)
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The counties on prospective employees who work
with children, vulnerable adults, or senior citizens in community-based
programs;

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(34)
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The counties on prospective employees for fire
department positions that involve contact with children or vulnerable adults;

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(35)
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The counties on prospective employees for
emergency medical services positions that involve contact with children or
vulnerable adults;

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(36)
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The counties on prospective employees for
emergency management positions and community volunteers whose responsibilities
involve planning and executing homeland security measures including viewing,
handling, and engaging in law enforcement or classified meetings and assisting
vulnerable citizens during emergencies or crises;

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(37)
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The State and counties on employees,
prospective employees, volunteers, and contractors whose position
responsibilities require unescorted access to secured areas and equipment
related to a traffic management center;

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(38)
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The State and counties on employees and
prospective employees whose positions involve the handling or use of firearms
for other than law enforcement purposes;

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(39)
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The State and counties on current and
prospective systems analysts and others involved in an agency's information
technology operation whose position responsibilities provide them with access
to proprietary, confidential, or sensitive information;

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(40)
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The department of commerce and consumer
affairs on:

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(A)
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Applicants for real estate appraiser
licensure or certification as provided by chapter 466K;

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(B)
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Each person who owns more than ten per
cent of an appraisal management company who is applying for registration as an
appraisal management company, as provided by section
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-7; and

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(C)
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Each of the controlling persons of an
applicant for registration as an appraisal management company, as provided by
section
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-7;

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(41)
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The department of health or its designee on:

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(A)
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Individual applicants or individuals
acting on behalf of applying entities for hemp processor permits as provided
under section 328G-2; and

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(B)
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All license applicants, licensees,
employees, contractors, and prospective employees of medical cannabis
dispensaries, and individuals permitted to enter and remain in medical cannabis
dispensary facilities as provided under sections 329D-15(a)(4) and 329D-16(a)(3);

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(42)
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The department of commerce and consumer
affairs on applicants for nurse licensure or license renewal, reactivation, or
restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;

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(43
)
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The county police departments on applicants
for permits to acquire firearms pursuant to section 134-2, on individuals
registering their firearms pursuant to section 134-3, and on applicants for new
or renewed licenses to carry a pistol or revolver and ammunition pursuant to
section 134-9;

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(44)
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The department of commerce and consumer
affairs on:

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(A)
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Each of the controlling persons of the
applicant for licensure as an escrow depository, and each of the officers,
directors, and principals who will be in charge of the escrow depository's
activities upon licensure; and

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(B)
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Each of the controlling persons of an
applicant for proposed change in control of an escrow depository licensee, and
each of the officers, directors, and principals who will be in charge of the
licensee's activities upon approval of the application,

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as
provided by chapter 449;

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(45)
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The department of taxation on current or
prospective employees or contractors who have access to federal tax information
in order to comply with requirements of federal law, regulation, or procedure,
as provided by section 231-1.6;

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(46)
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The department of labor and industrial
relations on current or prospective employees or contractors who have access to
federal tax information in order to comply with requirements of federal law,
regulation, or procedure, as provided by section 383-110;

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(47)
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The department of human services on current or
prospective employees or contractors who have access to federal tax information
in order to comply with requirements of federal law, regulation, or procedure,
and on current or prospective employees, volunteers, contractors, or
contractors' employees or volunteers, subcontractors, or subcontractors'
employees or volunteers, whose position places or would place them in close
proximity to minors, young adults, or vulnerable adults, as provided by section
346-2.5;

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(48)
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The child support enforcement agency on
current or prospective employees or contractors who have access to federal tax
information in order to comply with federal law, regulation, or procedure, as
provided by section 576D-11.5;

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(49)
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The department of the attorney general on
current or prospective employees or employees or agents of contractors who have
access to federal tax information to comply with requirements of federal law,
regulation, or procedure, as provided by section 28-17;

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(50)
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The department of commerce and consumer
affairs on each control person, executive officer, director, general partner,
and managing member of an installment loan licensee, or an applicant for an
installment loan license, as provided in chapter 480J;

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(51)
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The university of Hawaii on current and
prospective employees and contractors whose duties include ensuring the
security of campus facilities and persons; [
and
]

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(
52)
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The department of commerce and
consumer affairs on applicants for physician licensure or license renewal, through
the Interstate Medical Licensure Compact as provided by section 453B-2; and

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[
(52)
]

(53)
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Any other organization, entity, or the State, its branches, political
subdivisions, or agencies as may be authorized by state law."

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SECTION
3.
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There is appropriated out of the
compliance resolution fund the sum of $25,000 or so much thereof as may be
necessary for fiscal year 2025-2026 and the same sum or so much thereof as
maybe necessary for fiscal year 2026-2027 for the Hawaii medical board's
implementation of the interstate medical licensure compact, including internal
database updates.

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The
sums appropriated shall be expended by the department of commerce and consumer
affairs for the purpose of this Act.

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SECTION
4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION
5.
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This Act, upon its approval, shall
take effect on July 1, 2025; provided that the amendments made to section
846-2.7, Hawaii Revised Statutes, by section 2 of this Act shall not be
repealed when section 846-2.7, Hawaii Revised Statutes, is reenacted on July 1,
2027, pursuant to section 4 of Act 110, Session Laws of Hawaii 2024.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

Department
of Commerce and Consumer Affairs; Hawaii Criminal Justice Data Center; Hawaii
Medical Board; Interstate Medical Licensure Compact; Criminal History Record
Checks; Appropriation

Description:

Authorizes
the Hawaii Medical Board as the State of Principal License to investigate and
request criminal history records of qualified physicians seeking licensing
through the Interstate Medical Licensure Compact.
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Appropriates funds.
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Effective 07/01/2025.

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