REQUESTING THE GOVERNOR TO ESTABLISH PROCEDURES TO AUTHORIZE CERTAIN HEALTH CARE PROFESSIONALS TO ENGAGE IN THE PRACTICE OF THEIR RESPECTIVE PROFESSIONS IN THE STATE WITHOUT A HAWAII-ISSUED LICENSE DURING A STATE OF EMERGENCY.

SCR59

THE SENATE

S.C.R. NO.

59

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting the governor to establish procedures to
authorize certain health care professionals to engage in the practice of their respective
professions in the state without a hawaii-issued license during a state of
emergency
.

����
WHEREAS, the
State faces escalating threats from natural disasters, including wildfires,
hurricanes, flooding, and public health emergencies necessitating the rapid
deployment of health care professionals for medical and behavioral health needs;
and

����
WHEREAS, as
an island state with unique geographic isolation and limited health care
workforce capacity in certain regions, particularly in rural areas, it is
critical for the State to have the ability to rapidly mobilize qualified
professionals in the aftermath of a natural disaster; and

����
WHEREAS, past
reliance on gubernatorial proclamations to waive state licensure requirements to
enable health care professionals licensed in other states to practice in the
State has proven effective, but caused delays and hampered coordination with
partners, including the military and the American Red Cross; and

����
WHEREAS, establishing
streamlined emergency licensure flexibilities would enable the swift deployment
of qualified health care professionals, thereby enhancing the State's disaster
response capabilities; now, therefore,

����
BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that the
Governor is requested to establish procedures to authorize the following
professionals to engage in the practice of their respective professions in the
State without a Hawaii-issued license, during a state of emergency or local
state of emergency declared by the Governor or a county mayor pursuant to
chapter 127A, Hawaii Revised Statutes under certain conditions:

����
(1)
�
Physicians and osteopathic physicians;

����
(2)
�
Physician assistants;

����
(3)
�
Registered nurses, licensed practical nurses,
and advanced practice registered nurses, including those with prescriptive
authority;

����
(4)
�
Emergency medical service personnel;

����
(5)
�
Pharmacists;

����
(6)
�
Mental health counselors; and

����
(7)
�
Other health care professionals as designated
by the Department of Health in consultation with the Department of Commerce and
Consumer Affairs; and

����
BE IT FURTHER
RESOLVED that the Governor is requested to require any individual engaging in
the practice of their respective profession in the State under the emergency
procedures to:

����
(1)
�
Hold a current and active license in good
standing in another state, territory, or the District of Columbia, or have
previously held a license in good standing in the State that was not revoked or
surrendered under discipline;

����
(2)
�
Have no history of license revocation,
suspension, or voluntary surrender due to disciplinary action in any
jurisdiction;

����
(3)
�
Be affiliated with a state or county
government agency, hospital, licensed health care facility, federally qualified
health center, or nationally recognized emergency response organization,
including the American Red Cross, Federal Emergency Management Agency, or any
military medical unit; and

����
(4)
�
Comply with the scope of practice, standards
of care, and prescribing authority of the individual's home jurisdiction, not
exceeding the State's standard; and

����
BE IT FURTHER
RESOLVED that the emergency procedures established by the Governor are
requested to authorize the provision of telehealth services by eligible
out-of-state professionals without requiring an in-person consultation or
existing provider-patient relationship; provided that the services comply with
the provider's home jurisdiction's laws and standards of care, and federal
privacy laws; provided further that all patient records shall be transferred to
a Hawaii‑licensed provider upon request or during a transition of care;
and

����
BE IT FURTHER
RESOLVED the authorization to practice under the emergency procedures established
by the Governor is requested to expire upon termination of the emergency
declaration or sixty days after activation, whichever is sooner, unless
extended by the Governor; provided that the Department of Health may
immediately revoke authorization for violations, malpractice, or criminal
conduct, with notice to the professional's home jurisdiction; and

����
BE IT FURTHER
RESOLVED that the emergency procedures established by the Governor and any
agreement executed pursuant to the emergency procedures are requested to
explicitly provide that no civil liability shall attach to the State, counties,
or facilitating entities for good-faith actions taken under the emergency
procedures and that the professionals shall remain subject to the State's
malpractice laws and insurance requirements; and

����
BE IT FURTHER
RESOLVED that the Department of Health is requested to:

����
(1)
�
Establish and publicly maintain an online
registry of professionals practicing under the emergency procedures established
by the Governor, including verification of credentials and affiliation;;

����
(2)
�
Require self-registration via a secure portal
within twenty-four hours of the deployment in the State of a professional
pursuant to the emergency procedures, with expedited Department verification
within forty‑eight hours;

����
(3)
�
Coordinate with the Department of Commerce and
Consumer Affairs for license checks;

����
(4)
�
Adopt administrative rules pursuant to chapter
91, Hawaii Revised Statutes, to implement the emergency procedures, including
reporting on utilization and outcomes; and

����
(5)
�
Submit a report to the Governor and Legislature
no later than twenty days prior to the convening of each Regular Session on
usage of the emergency procedures, which shall include the number of
professionals authorized to practice, services provided, recommendations for
improvements, and any proposed legislation; and

����
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
Governor, Director of Health, Director of Commerce and Consumer Affairs,
Administrator of the Hawaii Emergency Management Agency, and Mayor of each
county.

OFFERED BY:

_____________________________

Report Title:
�

DOH;
Counties; Governor; Health Care Services; Health Services