Physicians may request work-capacity exams without employer permission
Hawaii law lets attending physicians request work-capacity examinations without employer permission when an injured employee's ability to work is in question after medical stabilization.
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What it does
After an injured employee reaches medical stabilization, the attending physician may request an examination of the employee's ability to work without employer permission. The employer pays the fee, and written notice is due before referral.
Occupational and physical therapists who meet chapter 386's qualification requirements may perform functional capacity examinations for this limited purpose.
Argument forInjured employees could get an assessment of their ability to work without waiting for employer permission, if their physician finds the examination is needed.
Argument againstEmployers could face added costs because they must pay for functional capacity examinations requested by attending physicians.
More detail
An attending physician may request a functional capacity examination without first getting the employer's permission. This applies when an attending physician determines that an injured employee has reached medical stabilization and the employee's ability to work is in question. The employee must have reached medical stabilization, and the employee's ability to work must be in question. The provider must be trained, and the examination must be needed to evaluate or treat the injury. The provider's name, business address, discipline, and specialty, along with the reasons for the examination, must be submitted in writing to the employer at least seven calendar days before referral. The employer pays the fee. Written notice to the employer is due at least seven calendar days before referral. The provider must send the examination report to the attending physician and employer no later than fourteen calendar days after the examination.
Qualified occupational and physical therapists may perform functional capacity examinations for this limited purpose. This applies to occupational therapists and physical therapists who meet the chapter's health care provider qualification requirements. The therapist must meet the requirements for health care providers under section 386-27. This qualification is limited to performing functional capacity examinations under the new section.
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More on this bill
Where it stands
Introduced
Passed House
Passed Senate
4To Governor
Became Law
Looking ahead
No hearings or votes scheduled.
History
2026
Jun 24Act 124, 06/24/2026 (Gov. Msg. No. 1225).Latest
Jun 24Act 124, on 06/24/2026 (Gov. Msg. No. 1225).Became Law
May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
May 7Transmitted to Governor.
May 6Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).Major
Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
May 5Received notice of Final Reading (Sen. Com. No. 814).Minor
May 1Deferred one day 05-06-26.Minor
Vote recorded Passed Final Reading, as amended (CD 1). Result: pass.Upper
May 1Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) Fukunaga).Major
Apr 29Reported from Conference Committee (Conf Com. Rep. No. 34-26) as amended in (CD 1).
Apr 29Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 34-26).
Apr 2948 Hrs. Notice (as amended CD 1) 05-01-26
Apr 28The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Sayama, Matayoshi, Lee, M., Kapela, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
Apr 28The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Elefante, Kanuha; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Lamosao.Minor
Apr 27Conference Committee Meeting will reconvene on Tuesday 04-28-26 9:00AM in conference room 016.
Apr 24Conference Committee Meeting will reconvene on Monday 04-27-26 9:00AM in conference room 016.
Apr 23Bill scheduled for Conference Committee Meeting on Friday, 04-24-26 8:45AM in conference room 016.
Apr 20Received notice of appointment of House conferees (Hse. Com. No. 786).Minor
Apr 17Received notice of disagreement (Hse. Com. No. 780).Minor
Apr 16House disagrees with Senate amendment (s).Minor
Apr 14Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
Vote recorded Report adopted; Passed Third Reading. Result: pass.Upper
Apr 14Returned from Senate (Sen. Com. No. 577) in amended form (SD 1).
Apr 10Reported from WAM (Stand. Com. Rep. No. 3708) with recommendation of passage on Third Reading.
Apr 10One Day Notice 04-14-26.
Apr 9The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
Vote recorded The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
Apr 7The committee(s) on WAM will hold a public decision making on 04-09-26 10:55AM; Conference Room 211 & Videoconference.
Mar 30Reported from LBT (Stand. Com. Rep. No. 3352) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
Mar 30Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.Minor
Mar 23The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in LBT were as follows: 3 Aye(s): Senator(s) Elefante, Lamosao, Moriwaki; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Ihara, Fevella.Minor
Vote recorded The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
Mar 20The committee(s) on LBT has scheduled a public hearing on 03-23-26 3:01PM; Conference Room 225 & Videoconference.
Mar 12Received from House (Hse. Com. No. 235).Minor
Mar 12Passed First Reading.Minor
Mar 12Referred to LBT, WAM.Minor
Mar 10Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.Passed House
Vote recorded Passed Third Reading as amended in HD 2. Result: pass.Lower
Mar 6Reported from CPC (Stand. Com. Rep. No. 1051-26) as amended in HD 2, recommending passage on Third Reading.
Mar 6Forty-eight (48) hours notice Tuesday, 03-10-26.
Feb 26The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Kong, Lowen, Tam; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Iwamoto, Marten, Pierick.Minor
Vote recorded The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
Feb 24Bill scheduled to be heard by CPC on Thursday, 02-26-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE.
Feb 20Reported from LAB (Stand. Com. Rep. No. 632-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC.
Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC. Result: pass.Lower
Feb 20Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).Minor
Feb 17The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Sayama, Lee, M., Garrett, Kapela, Kong, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none.Minor
Vote recorded The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
Feb 13Bill scheduled to be heard by LAB on Tuesday, 02-17-26 9:00AM in House conference room 309 VIA VIDEOCONFERENCE.