Bill Text: HI HB719 | 2010 | Regular Session | Introduced

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Bill Title: Professional and Vocational Licensing

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB719 Detail]

Download: Hawaii-2010-HB719-Introduced.html

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Report Title:

Professional and Vocational Licensing

 

Description:

Requires the department of commerce and consumer affairs and regulatory boards and commissions to accept military certification of a skill as meeting the education or experience prerequisites to be eligible to take an examination for licensure in specified professions and vocations.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	719
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING.

 

 

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

 

     SECTION 1.  The purpose of this Act is to require certain licensing entities in the department of commerce and consumer affairs to accept certification of an applicant's skill level by any branch of the United States armed forces as proof that the applicant has satisfied the educational or experience requirements to be eligible to take the examination for licensure, if an examination exists, in specific professions and vocations, provided that the licensing entity deems that the skill level certified by the military meets or exceeds the requirements of the State.  This Act specifically applies to motor vehicle mechanics, barbers, dental hygienists, dentists, electricians, plumbers, physicians and osteopathic physicians, registered nurses, licensed practical nurses, advanced practice registered nurses, and private guards.

     SECTION 2.  Section 437B-24, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as provided in subsection (b) [below], every mechanic applying for [[]licensure[]] shall have passed the appropriate certification test provided for in this chapter[.]; provided that the board shall accept certification of the applicant's skill level by any branch of the United States armed forces as meeting the certification test provided for in this chapter; provided further that the board deems that the substance of the skill level certified by the branch of the United States armed forces meets or exceeds the requirements of the State."

     SECTION 3.  Section 438-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An applicant for a barber's license shall:

     (1)  Be at least seventeen years of age;

     (2)  Have a total of fifteen hundred clock hours of barber training through the following or a combination thereof:

         (A)  As a barber apprentice, holding a barber apprentice permit; [or]

         (B)  As a student enrolled in a school that has a barbering curriculum; provided that only classes related to barbering shall be applied towards the accumulation of clock hours[;]; or

         (C)  Through certification of the applicant's skill level by any branch of the United States armed forces; provided that the board deems that the substance of the certified skill level meets or exceeds the requirements of the State;

          the board shall adopt rules pursuant to chapter 91 to implement this paragraph; and

     (3)  Take and pass an examination for licensure."

     SECTION 4.  Section 447-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any person:

     (1)  Eighteen years of age or over;

     (2)  Holding and having a diploma or proper certificate of graduation from a dental hygiene school accredited by the American Dental Association (A.D.A.) Commission on Dental Accreditation requiring at least a two year course, recognized by the board of dental examiners; or holding certification of the applicant's skill level by any branch of the United States armed forces; provided that the board deems that the substance of the certified skill level meets or exceeds the requirements of the State; and

     (3)  Having been officially certified in the administration of intra-oral infiltration local anesthesia and intra‑oral block anesthesia by an accredited dental hygiene school or by a certification program previously approved by the board; including certification of the applicant's skill level by any branch of the United States armed forces; provided that the board deems that the substance of the certified skill level meets or exceeds the requirements of the State;

upon written application made to and filed with the board may be examined for qualification as a dental hygienist.

     The application for examination shall be accompanied by the applicant's certificate of graduation from an accredited dental hygiene school together with documentary proof of the applicant's certification in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia.  At the time of filing the application, the applicant shall pay to the board application and examination fees, which fees, together with all other fees or charges in this chapter, shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o)."

     SECTION 5.  Section 448-9, Hawaii Revised Statutes, is amended to read as follows:

     "§448-9  Application for licensure.  Any person [of] at least eighteen years [or more] of age shall be eligible for licensure upon submission of:

     (1)  An application to the executive officer of the board not later than forty-five days prior to the date of the scheduled examination;

     (2)  Application and examination fees; and

     (3)  Documentation and credentials that shall include but are not limited to the following:

         (A)  A diploma or certificate of graduation from a dental college accredited by the American Dental Association Commission on Dental Accreditation, recognized and approved by the board; and

         (B)  A certificate or other evidence satisfactory to the board of having passed parts I and II of the National Board Dental Examination[.]; or

         (C)  As an alternative to subparagraphs (A) and (B), certification of the applicant's skill level by any branch of the United States armed forces; provided that the board deems that the substance of the certified skill level meets or exceeds the requirements of the State."

     SECTION 6.  Section 448E-5, Hawaii Revised Statutes, is amended to read as follows:

     "§448E-5  Minimum requirements.  (a)  An applicant shall possess the following minimum qualifications:

     (1)  Journey worker electrician.  Every applicant to be eligible for the journey worker electrician examination shall be at least eighteen years of age and shall provide satisfactory evidence of experience in residential or commercial wiring of at least five years full-time or its equivalent, but not less than 10,000 hours of experience in the trade under the supervision of a journey worker or supervising electrician.

     (2)  Journey worker specialty electrician.  Every applicant to be eligible for the journey worker specialty electrician examination shall be at least eighteen years of age and shall have had at least five years' experience in the trade.

     (3)  Supervising electrician.  Every applicant to be eligible for the supervising electrician examination shall have been registered with the board as a journey worker electrician for at least a period of four years in the trade or shall have had equivalent experience in the trade.

     (4)  Supervising specialty electrician.  Every applicant to be eligible for the supervising specialty electrician examination shall have been registered with the board as a journey worker specialty electrician for at least a period of four years in the trade or shall have had equivalent experience in the trade.

     (5)  Journey worker plumber.  Every applicant to be eligible for the journey worker plumber examination shall have had experience of at least five years' full-time or its equivalent but not less than 10,000 hours as a journey worker's or master plumber's helper, and is able to furnish satisfactory evidence of such fact.

     (6)  Master plumber.  Every applicant to be eligible for the master plumber examination shall have been registered with the board as a journey worker plumber for at least two years or shall have had equivalent experience in the trade.

     (7)  Maintenance electrician.  Every applicant to be eligible for the maintenance electrician examination shall be not less than eighteen years of age and shall have had at least one year of experience in performing electrical maintenance work or proof of two years of schooling in the electrical trade.

     (8)  Journey worker industrial electrician.  Every applicant to be eligible for the journey worker industrial electrician examination shall be at least eighteen years of age and shall have had experience in industrial electrical work of at least five years full-time or its equivalent, but not less than 10,000 hours.

     (9)  Supervising industrial electrician.  Every applicant to be eligible for the supervising industrial electrician examination shall have been registered with the board as a journey worker industrial electrician for a period of at least four years or shall have had equivalent experience in the trade.

     (b)  For the experience requirements in subsection (a), the board shall accept certification of the applicant's skill level by any branch of the United States armed forces as proof in satisfaction of any or all of the experience requirements in order for the applicant to be eligible for the examination; provided that the board deems that the substance of the certified skill level meets or exceeds the requirements of the State."

     SECTION 7.  Section 453-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Before any applicant shall be eligible for licensure, the applicant shall furnish proof satisfactory to the board that:

     (1)  The applicant is of demonstrated competence and professional knowledge; and either:

     (2)  The applicant is a graduate of:

         (A)  A medical school or college whose program leading to the M.D. degree is accredited by the Liaison Committee on Medical Education or whose program leading to the D.O. degree is approved by the American Osteopathic Association Commission on Osteopathic College Accreditation, and has served a residency of at least one year in a program that has been accredited for the training of resident physicians or osteopathic physicians by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, respectively, or a residency of at least one year in a program in Canada that has been accredited for the training of resident physicians by the Royal College of Physicians and Surgeons of Canada, or the College of Family Physicians of Canada; or

         (B)  A foreign medical school and has had at least two years of residency in a program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, or has had at least two years of residency in a program in Canada that has been accredited for the training of resident physicians by the Royal College of Physicians and Surgeons of Canada, or by the College of Family Physicians of Canada; and:

              (i)  Holds the national certificate of the Educational Commission for Foreign Medical Graduates, or its successor, or for applicants with residency training in Canada, has passed with scores deemed satisfactory by the board, the Medical Council of Canada Evaluating Examination, or its successor; or

             (ii)  Holds the certificate of the Fifth Pathway Program of the American Medical Association;

              provided that for a period of two years after June 26, 2004, the requirements of subsection (b)(2)(B)(i) and (ii) shall not apply to any applicant who has had four years of residency in a program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and who has passed, with scores deemed satisfactory by the board, the Special Purpose Examination (SPEX)[.]; or

     (3)  The applicant has had the applicant's skill level certified by any branch of the United States armed forces and the board deems that the substance of certified skill level meets or exceeds any or all of the education or residency requirements of the State."

     SECTION 8.  Section 457-7, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  Applicants applying for a license to practice as a registered nurse by examination shall submit to the board proof of eligibility.  Applicants shall be eligible to apply for a license by examination if they have:

     (1)  Graduated from a registered nursing program at an educational institution in the United States or any territory or possession under the jurisdiction of the United States and are qualified as determined by the board through rules adopted pursuant to chapter 91;

     (2)  Graduated from a registered nursing program at an educational institution in a foreign jurisdiction and have had their transcripts evaluated by professional evaluators designated by the board and are considered qualified as determined by the board through rules adopted pursuant to chapter 91; [or]

     (3)  Graduated with a bachelor's degree and satisfactorily completed the pre-licensure portion of a master's entry program in nursing at an accredited school of nursing in the United States or any territory or possession under the jurisdiction of the United States that is recognized by the board or other state boards of nursing and are qualified as determined by the board[.]; or

     (3)  Have had their skill level certified by any branch of the United States armed forces and the board deems that the substance of the certified skill level meets or exceeds the graduation requirements of the State and are qualified as determined by the board."

     SECTION 9.  Section 457-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  An applicant for a license to practice nursing as a licensed practical nurse shall submit an application on a form prescribed by the board and shall provide written evidence that the applicant has completed a licensed practical nurse program, or its equivalent, approved by the board, and holds a diploma or certificate therefrom.  The board shall deem certification of an applicant's skill level by any branch of the United States armed forces as the equivalent of a licensed practical nurse program; provided that the board deems that the substance of certified skill level meets or exceeds the requirements of the State."

     SECTION 10.  Section 457-8.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The board shall grant recognition as an advanced practice registered nurse; provided the nurse has:

     (1)  A current, unencumbered license as a registered nurse in this State;

     (2)  An unencumbered license as a registered nurse in all other states in which the nurse has a current and active license;

     (3)  An unencumbered recognition as an advanced practice registered nurse or similar designation in all other states in which the nurse has a current and active recognition as an advanced practice registered nurse;

     (4)  A master's degree in nursing as specified in rules adopted by the board or a current certification for specialized and advanced nursing practice from either a national certifying body recognized by the board[;] or any branch of the United States armed forces, provided that the board deems that the substance of the skill level certified by the branch of the United States armed forces meets or exceeds the requirements of the State; provided that certified nurse midwives shall maintain current certification from a national certifying body recognized by the board; and

     (5)  Paid the appropriate fees."

     SECTION 11.  Section 463-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The board may grant a guard license to any suitable individual, or a guard agency license to any suitable firm making written application therefor.  The applicant, if an individual, or the principal guard of a firm shall:

     (1)  Be not less than eighteen years of age;

     (2)  Have had a high school education or its equivalent;

     (3)  Have had experience reasonably equivalent to at least four years of full-time guard work[;], including certification of an applicant's skill level by any branch of the United States armed forces; provided that the board deems that the substance of certified skill level meets or exceeds the experience requirements of the State;

     (4)  Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;

     (5)  Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order; and

     (6)  Possess a history of honesty, truthfulness, financial integrity, and fair dealing.

A firm applying for a guard agency license shall have in its employ an individual who is licensed as a guard and who shall be designated as the principal guard for the firm, and shall provide a bond as required under section 463-12."

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________