Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred S.B. No. 591, S.D. 2, entitled:

begs leave to report as follows:

The purpose of this bill is to replace the current chapter of the Hawaii Revised Statutes that provides for occupational therapist registration and title protection, with a new chapter requiring licensure of occupational therapists.

Your Committee received testimony in support of this measure from the Hawaii Nurses Association, Hawaii Speech-Language-Hearing Association, Massage Therapists Association of Hawaii, Occupational Therapy Association of Hawaii, Beverly Rehabilitation, various professionals from Straub Clinic and Hospital, Kaiser Permanente, and other medical services organizations, a number of special education teachers, several concerned citizens, and numerous independent occupational therapists. The Hawaii Coalition for Health supported the bill with an amendment. The Hawaii Chapter of the American Physical Therapy Association supported the intent, but expressed concerns. The Department of Commerce and Consumer Affairs (DCCA) opposed the bill as written.

The current system of occupational therapist regulation is a title protection law that restricts the use of the title, "occupational therapist" to persons certified by the American Occupational Therapist Association and registered with DCCA. Your Committee recognizes that this system of regulation does not use the term "licensed," and that occupational therapists find this problematic for several reasons, most important of which is that some insurers will not reimburse occupational therapists if they are not "licensed."

DCCA opposed this measure because the change in terminology from "registered" to "licensed" would be a change in form rather than substance, that would inaccurately reflect the regulatory scheme and increase public confusion and misconceptions about professional and vocational regulation.

Your Committee understands that regardless of the terminology used, both the existing law, and the law proposed by this bill would:

(1) Define the scope of occupational therapy practice;

Your Committee has amended this bill by replacing its substance with the substance of the draft provided by DCCA. This draft was endorsed by the proponents of the original bill received by your Committee.

As amended, the bill amends chapter 457G, Hawaii Revised Statutes (HRS), Occupational Therapy Practice, by:

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 591, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 591, S.D. 2, H.D. 1, and be referred to the Committee on Finance.