SCR 59: 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.

THE SENATE	S.C.R. NO.	59
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
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 professionals; 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 qualified volunteer organization, as defined by the Governor or Department of Health and consistent with the Uniform Emergency Volunteer Health Practitioners Act; 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; 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 either:

 

          (A)  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; or

 

          (B)  Affiliation with a recognized emergency response organization that maintains an internal credentialing system that includes current licensure, confirmation that the professional's license is unencumbered, and other relevant verification;

 

     (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.

 

 

Report Title: 

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

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