STAND. COM. REP. NO. 415

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 509
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 509 entitled: 

     "A BILL FOR AN ACT RELATING TO DIETITIANS,"

begs leave to report as follows:

     The purpose of this measure is to establish a dietitian
licensing program within the Department of Commerce and Consumer
Affairs (DCCA).

     Testimony supporting the measure was presented at the
hearing by representatives of the Hawaii Dietetic Association,
the Queen's Medical Center, and four individuals.  

     Written testimony in support of the measure was submitted by
the National Kidney Foundation of Hawaii, the American Dietetic
Association, the Kauai Rural Health Association, the Pacific
Health Research Institute, the Hawaii Society for Parenteral and
Enteral Nutrition, St. Francis Healthcare System of Hawaii, St.
Francis Medical Center, Samuel Mahelona Memorial Hospital, Island
Nursing Home, Molokai General Hospital, Kaiser Permanente Hawaii
Region, Koloa Chiropractic Clinic, Leeward Radiation Oncology,
Nutrition Entrepreneurs, Wilcox Health System, and fifty-nine
individuals.

     The DCCA Professsional and Vocational Licensing Division,
and one individual testified at the hearing in support of the
measure with amendments.


 
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     Testimony in opposition to the measure was presented at the
hearing by two individuals.  Written testimony in opposition to
the measure was received from seventy-two individuals.

     Your Committee finds that the Auditor's 1995 Sunrise Review
of Nutritionists/Dieticians recommended against licensure for
this group because the lack of regulation does not pose a threat
to public health or safety.  Regulation, to become a viable
element of consumer protection, must demonstrate that it
unequivocally meets a public need and will serve the interests of
the public over those of the profession.  

     Your Committee also finds that the practice of dietetics is
a subset of the practice of nutrition.  Many allied health and
fitness professionals include nutrition practices as a component
of their services.  Limiting the practice of nutrition to
dieticians would adversely impact many businesses in Hawaii.

     However, your Committee believes that there is justification
for some form of certification of dieticians which identifies the
education and qualifications of the dietician.

     Your Committee has amended this measure by:

     (1)  Changing "licensing" to "certification" and "licensed"
          to "certified" throughout;

     (2)  Changing the licensing requirements to a certification
          process;

     (3)  Replacing the purpose section with language that
          focuses on the regulation, public health and safety,
          protection, and professional conduct with regard to
          dietetic services;

     (4)  Adding a definition of "dietetic practice";

     (5)  Changing the definition of "dietician" to "certified
          dietician";

     (6)  Deleting the definition of "medical nutrition therapy";

     (7)  Deleting the exemption from the licensing requirements
          for the initial members of the advisory committee
          within the "powers and duties of the director" section;

     (8)  Reordering sections; and


 
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     (9)  Making technical, nonsubstantive amendments to reflect
          preferred drafting style.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 509, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 509, S.D. 1, and be referred to the Committee on Ways and
Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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