Bill Text: HI SB2638 | 2018 | Regular Session | Amended
Bill Title: Relating To Professional And Vocational Licensing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2018-03-14 - The committee(s) on IAC recommend(s) that the measure be deferred. [SB2638 Detail]
Download: Hawaii-2018-SB2638-Amended.html
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THE SENATE |
S.B. NO. |
2638 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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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 legislature finds that professional or vocational licensed individuals may employ auxiliary personnel to assist these licensed individuals in the practice of the profession or vocation. While considered a valuable part of a team, these auxiliary personnel may not be licensed or certified in Hawaii or required to meet the same stringent standards of training and care as licensed individuals in certain professions or vocations. For example, licensed and registered dentists are authorized by law to employ auxiliary personnel, known as dental assistants, to assist a dentist in the dentist's practice. However, dental assistants are not currently licensed or certified in Hawaii and have no requirement to successfully complete a course of study and practicum.
The legislature additionally finds that it is important for those in various professional and vocational fields to adhere to legislatively determined parameters regarding duty and scope of practice of certain licensed professions and vocations in Hawaii and be aware that licensing authorities cannot adopt rules that attempt to circumvent or supersede existing law regarding duty and scope of practice for these licensed professions and vocations.
The legislature notes that it is also important that unlicensed individuals do not infringe upon a particular licensed profession's scope of practice. The legislature further finds that while training and education for auxiliary personnel are important, it is not appropriate for unlicensed auxiliary personnel to be expected or required to perform duties, activities, or functions that, if performed by another professional, would require licensure of that professional.
The purpose of this Act is to prohibit a licensing authority from:
(1) Using rules to supersede requirements set forth in licensing laws; and
(2) Adopting rules that authorize an unlicensed individual to perform duties, activities, or functions that, if performed by another professional, would require licensure of that professional.
SECTION 2. Chapter 436B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§436B- Auxiliary personnel; duties and scope;
rules. (a) A licensing authority shall not use rules to
supersede requirements set forth in the applicable licensing laws.
(b) If auxiliary personnel are not required to
obtain a license or certificate pursuant to applicable licensing laws to
perform duties to assist a duly licensed professional, a licensing authority
shall not adopt any rule regarding the duties of auxiliary personnel that would
enable such auxiliary personnel to be expected or required to perform duties,
activities, or functions that, if performed by another professional, would
require licensure of that professional.
(c) In the case of a conflict between licensing
laws and rules adopted by the licensing authority, the licensing laws shall
prevail.
(d) This section shall not apply to apprentices or trainees who are working toward licensure in an apprenticeship program or clinical program."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Professional and Vocational Licensing; Licensing Authority; Rules; Duties; Scope of Practice
Description:
Prohibits a licensing authority from using rules to supersede requirements set forth in licensing laws and adopting rules that authorize an unlicensed individual to perform duties, activities, or functions that, if performed by another professional, would require licensure of that professional. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
