001okay good afternoon everyone i'm gonna call to order this friday april 9th 1pm uh uh 90 minutes how uh senate health committee agenda i'm senator jarrett with hello later on the committee uh we're going to open on our 1pm agenda which is a joint committee hearing between the senate committees on health human services and education to consider house concurrent resolution 162-81 requesting this department of human services department of health department of education uh collect information on the sex sexual orientation and gender identity and gender expression of respondents including respondents who are under the supervision of the court and the hawaii youth correctional facility in the unlikely event that we must well actually you know we're gonna open and get through this really quickly it's called we can't receive things from deadlines uh for testifiers again
002your audio and video will be muted and disabled until it is your turn there's a two-minute time limit that we ask you to kindly respect we've reviewed your submitted testimony it's been provided to the members so in the interest of time i'd like to encourage you to stand on your testimony rather than reading it verbatim or you can use your time to augment or clarify your remarks and if there are technical glitches or we lose you temporarily we may have to move on to the time constraints but we'll try and see if we can come back circle back to you to allow you to testify okay so hcr 162 uh first up we have um michael goldiew jr the lgbt caucus of the democratic party's hawaii support uh good afternoon senators happy aloha friday on
003behalf of the lgbt caucus my name is michael galloway jr we stand in full support of the uh resolution presented to you um and we thank you for hearing this resolution um and that's it mahalo thank you very much next we have shayna alexander in support do we have her on not present senator okay that's all the testimony we've received from individuals uh from the public who indicated they would be present is there anyone else on the conference who would like to testify on this revolution okay none i'd like to note the written comments on this measure from the department of human services and supporting testimony oh and and also late comments from the department of health and testimony in support from the office of blind affairs the boy youth service network the lgbtq plus
004rainbow alliance planned parenthood alliance advocate pride at work hawaii rainbow family 808 the trevor project members any questions for mr goliath okay seeing none shares with your involvement unless anyone wants to break out i i'm ready to make recommendations is that okay i i have a question of the department of health but is anyone present they don't appear to be so we can reach us if you like oh actually lola would you like to take the question yeah i just want to know if the the report that they talk about in the resolution was made available to us or or like and the doe that we actually publish 2018 and 2019 thank you senator kadani i really appreciate that question so if you look at the testimony i have live links on there i don't
005think we published enough um to hand them out at that time individual copies to legislators but we certainly can deliver them to you if you'd like printed copies it is online so on the testimony if you click on what is seen in blue under on page two you can actually go straight to those pdfs okay thank you little i did not see your testimony oh i'm so sorry we'll pull it up but we'll pull it up thanks okay thank you you know what why don't we uh why don't we reset and then we can go over the recommendations i said okay we're going to reconvene on this 1pm join agenda to vote on a hvr 162 hd1 so the recommendation is going to be that we amend this resolution taking into account the testimony and
006remove references to the department of education and the department of health surveillance system and instead we're going to urge the department of public safety and the department of human services this is what we're going to amend the title accordingly is to urge the department of public safety and the department of human services to work with the department of health department of education and judiciary to submit a plan to account for gender identity for incarcerated and court involved youth and work with the department of health gender minority working group to address the incidence of lgbtqi youth in the juvenile and criminal justice justice system there are also some technical non-substantive amendments members any questions okay being none uh voice chair hcr 162 passing with amendment chair both eyes uh chair votes i vice chair votes i
007senator morawaki senator favela right thank you members uh chair your recommendation has been adopted thank you very much okay for human services same recommendation senator missa lucha for the vote for hcr hd1 share recommends or same recommendation chair votes eyes vice chair ihara aye senator acostro hi senator misalucha votes aye senator favela i share your recommendations adopted thank you very much for the committee on education chair recommends uh with the same recommendation pass and mints chair boats eye senator kim for the vote the chair votes i vice chair vote side senator de la cruz excused excuse senator kanu yes birthday boy votes yes and senator [Music] former president voting i recommendations adopted thank you you very much to all the members of the joint committee we're going to adjourn this 1pm agenda and members of
008health and consumer protection be done by uh we're gonna go into recess and stand by for ic to give us to go to open up on one of the five okay good afternoon we are reconvening i'm going to open this 105 pm joint agenda between the senate health committee and the senate consumer protection committee to hear two resolutions the first is hcr 80 hd1 this requests that the united states fda promote transparency and enforcement by providing individual free markets tobacco product application applicant information of hawaii sellers to the attorney general's office for law enforcement purposes first up we have the department of health offering comments thank you senator the department of health stands on his testimony offering comments and um because of the millions of products and thousands of manufacturers that have submitted their applications
009we do not think that the fda will complete the review of the applications by september 2021 so therefore in terms of what h080 is requesting um we don't find that this would actually address the primary issue which is to provide protection for our youth and foreign keiki from the marketing of e-cigarettes so we do offer up our comments and the reasons why i'm in our testimony thank you for the opportunity to testify thank you very much next in support we have the hawaii public health institute aloha chairs vice chairs and members of the committee uh jaylen murakami with hawaii public health institute we stand on our written testimony in support because we support the enforcement of federal regulations on tobacco products but defer to the departments on the implementation of this mahalo that's all the
010live testimony we've received is there anyone else on the conference who would like to testify okay being none i'd like to note the written testimony and support from the hawaii copd coalition forest bats and late testimony from the attorney general's office offering comments that's all the testimony we've received members are there any questions we have the department of health and department of health and so on okay seeing no questions we will move to the next resolution on the agenda that's hdr 123 hd1 is requesting the convening of a working group to determine the gaps in assets to healthcare and the potential role advanced practice registered nurses may play in addressing those gaps first we have uh the board of nursing offering comments thank you um we'll stand up and some questions you may have thank
011you thank you very much next we have the hawaii medical board offering comments good afternoon chairs vice chairs alanine keoki with the hawaii medical board the board will stand on its written testimony offering comments thank you very much university of hawaii university hawaii we also stand on our testimony recommending the how the resolution one two four which we prefer that charges the legislative reference bureau to conduct the assessment thank you thank you very much next we have the hawaii state center for nursing offering comments hi this is laura reichardt the director of the hawaii state center for nursing and we stand under comments and are available for thank you very much that's all the live testimony we've received is there anyone else on the conference who would like to testify okay i'd also like to
012note the written testimony and support from all of here of queen's health system doctoring comments and yvonne dc in opposition members are there any questions okay seeing none i think we can move right into decision making so the first recommendation on hcr 80 this is the fda request to provide pre-market tobacco product application information after reviewing the testimony especially the testimony of the attorney general's office it seems clear that this resolution one may be necessary at the beginning of the session uh now it doesn't look like it's necessary because the fca appears to be already on on its way towards providing this information so i'm going to recommend we defer on the last resolution on the agenda hdr given the testimony by the different members of the community including the members who would have worked
013on the proposed working group i'm going to recommend that we i'm going to recommend that we accept the recommendations of the testifiers and amend this resolution tremendous resolution so that we can go asking for the legislative reference bureau to do a study as noted in the pencil members are there any questions can we break into recess for a short discussion and visit things okay uh read that i said it okay we're going to reconvene for decision making on it's 105 pm april 9th agenda as noted before on hdr 80 we're going to defer on hdr 123. uh i'm going to recommend that we amend this resolution we incorporate hcr we replace the contents with the contents of hdr 124 which requests study and instead of the legislative reference bureau we are going to request that
014the uh school of nursing conduct the study members any discussion okay seeing that hcr 123 uh vice chair passing with the amendment chair both sides chair votes aye vice chair votes i senator mauriwaki aye senator sander ventura hi senator favela thank you members uh chair your recommendation has been adopted thank you oh my committee sorry about that senator nishihara i think you're going to take the vote for uh vpn same regulation pass with amendments chair votes eye mr chain i pushes the doctors thank you very much and uh thank you very much members we are uh we're going to adjourn this and move it to our 1 10 p.m uh resolution agenda this is the last agenda uh for our committee today is it okay to proceed straight in uh yes senator okay so we'll
015begin with hcr 59 requesting and supporting ongoing collaborative efforts to implement a statewide strategy to eliminate viral hepatitis types a b and c in hawaii first up we have the department of health in support you have the department of hell yeah okay i believe they're on okay there we go you are i can see your video but you're still on youtube okay go ahead oh hi um good afternoon chair keaho kolole vice chairman baker and members of the committee the department i'm tommy whitney with the department of health medical cannabis registry program and the department wishes to stand on its testimony and support of the presidency thank you very much next we have the hawaii health and harm reduction center in support good afternoon cherokee of vice chair baker and members my name is nico
016sleverens testifying on behalf of oa health and harm reduction center there are up to 63 000 people possibly affected with hepatitis b and c in hawaii uh contributing to one of the highest rates of liver cancer in the nation so last year the cdc declared viral hepatitis a winnable battle and shortly after that h3rc and its partner hebrew hawaii introduced a hepatitis elimination strategy that is a product of of collaboration between 90 stakeholders including the state department of health and we hope that hawaii will become the first state in the nation to eliminate viral hepatitis a b and c and the road to doing that is access to high quality health care and curative treatments free from stigma and discrimination as articulated by the national viral hepatitis action plan thank you very much thank you
017very much next we have heather lost in support yes hi heather lusk also with h3rc but we're the founding director of pep free hawaii we're a 10 year old organization that has as you heard close to 100 members here in vais we realize we're in the middle of a pandemic right now but we don't want to lose sight of other public health crisis and this is a winnable battle and given that hawaii has one of the highest rates of hepatitis we really appreciate the opportunity to raise awareness about viral hepatitis the efforts of these hundred agencies and this amazing road map we have called the hub free 2030 which will really provide opportunities for us to put into action best practices to eliminate hepatitis and truly make hepatitis or make hawaii hep free thank you
018so much for the opportunity to testify thank you very much do we have any other live certifiers on the conference for this measure okay seeing none i'd like to note the written testimony and support from the hawaii hiv aids foundation the hawaii public health association and approximately 20 individual testifiers all in support and one individual in opposition members are there any questions for any of the testifiers okay seeing none we'll move to the last item on the agenda hcr 132 this is requesting the department of health submit a request to the drug enforcement administration for an exception to regulations and a petition to clarify that the state authorized excuse me use of medical cannabis does not violate the federal control substances act first that's the fire we have is the department of health hi good
019afternoon again chair keohoka vice chair baker and members of the committee i'm tammy whitney with the department of health medical cannabis registry program and the department stands on its testimony offering comments thank you thank you very much next we have uh dr blaconato with support good afternoon chair vice chair members of the committee i thank you for the opportunity to testify on this measure dr clifton otto you have my written testimony and in support and i would like to add just a few brief comments um i have come before this committee several times this session and i wanted to thank you for being patient with my persistence and trying to move forward a solution that i believe can help resolve this unnecessary conflict with the federal regulation of marijuana i hope that you find that
020this measure to be a reasonable way for the legislative legislature to express its will on this issue and that my written testimony has adequately uh addressed any previous concerns thank you and i will be available for any questions thank you very much next week oh that's all the live testimonies i believe we've received is there anyone on the conference who wants to testify okay being done we have one piece of written testimony submitted in support by shaina mitch members are there any questions okay seeing um is there any desire to bring up to discuss these items okay i'm going to move right into recommendations and on hdr 59 i'm going to recommend that we move this measure out as is any discussion okay seeing none vice chair hcr 59 on amendments terrible time uh carrier
021on you i'm sorry oh no you're good uh the cheer bones eye vice chair votes eye senator mauriwaki aye senator samboy ventura aye senator favela um here your mission's been adopted five eyes thank you very much on the next resolution hdr 132 ac one i'm going to make the following uh i'm going to recommend we make the following changes uh the first is that uh we removed the second and third be it resolved clauses uh we have some technical amendments and uh we changed the title and the associated uh whereas causes to request that the department of health apply to the drug enforcement administration's office of divergent control for an exception under cfr title 21 section 1307 .03 and request formal written acknowledgements that the listing of marijuana marijuana extracts and thc as controlled substances
022in federal schedule one does not apply to the protected activities in the hawaii revive statute so it's it's a it's a bit of a technical uh change to the title request any discussion senator marie watkins so um can you start again you're coming in can you hear me now yeah um thank you for the amendments i just wanted to clarify the amendments because as i read the department of health testimony they can't apply for an exception but if it is related to to the exceptions for medical use i see that as clarifying language and so i'm just wondering if that is what the amendment will point to uh the amendment is a little more specific because um because we are requesting that the department of health submit a petition and then the cfr section is
023different because it's a broader exception request section in the code of federal regulations because i i happen to believe that the cfr section that we have been haggling over as related to this issue over the last two years are too specific and regardless of the supremacy of laws between the state and the federal government uh the cfr section that we note in the amendment 1307 .03 allows for a broader application it's it's uh it follows uh requests and legislative action that was taken in the state of minnesota oh so you know their testimony that says it precludes them from petitioning for um exemption um is that is that you're covering you're saying that there's some broader so so i uh because because the attorney general's office did not submit testimony on this uh we're left
024to rely on the testimony on this issue that took place over the last couple of years my inclination oh my belief is that there's nothing that prevents the state of hawaii or the department of health from petitioning the federal government there's we the state of hawaii can send in an application on anything it wants to there's nothing prohibiting us in any of the cfr or in the federal statute from doing that but they're contrary to i believe the belief of some of the advocates in the community there is nothing precluding the federal government from denying the application you know the ctf section the cfr sections are published pursuant to congressional statutory authorization and so the federal government can take whatever action it seems necessary including denying these applications but that does not prevent the state
025of hawaii or the legislature from applying or requesting that they made those changes so those are my recommendations for the resolution so yes i'm cautious or with reservation but i'll let it go forward and see where it goes so um yeah thank you so much so so i i agree with you and basically i think um senator moriwaki you misread the been spreading the oh testimony because if you look at the very last line it basically said what chair said which was they can apply but it's unlikely the dea would grant it so i really like the chairs amendments because it doesn't make sense to apply for something that's it's going to deny so let's try a different avenue and hopefully that this time it'll stick so i i i am in support of the
026chairs amendments and i applaud the creative amendment thank you any other discussion okay being on vice chair hbr 132 passing what's the message chair both eye care votes eye vice chair votes i senator mariwaki oh still be with reservation please uh senator sam buenaventura uh senator favela sorry all right okay measure uh chair your recommendation is adopted thank you very much members i'd just like to know we have one more hearing next week wednesday consider one gm that came in after our hearing deadline last week so wednesday afternoon will be our last health community thank you very much we are adjourned you