Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 730 entitled:

begs leave to report as follows:

The purpose of this measure is to make permanent the regulation of occupational therapists, authorize an audit of the regulatory program, clarify the scope of regulatory law relating to occupational therapist qualifications, and repeal the authority for the issuance of temporary practice permits.

Testimony in support of this measure was received from the Department of Labor and Industrial Relations, Department of Education, Occupational Therapy Association of Hawaii, Hawaii Chapter-American Physical Therapy Association, Hawaii Medical Service Association, and numerous health care professionals and consumers. The Department of Commerce and Consumer Affairs presented comments on the measure.

The regulation of occupational therapists is scheduled to terminate on December 31, 2003. This measure repeals the sunset date and makes permanent the registration of occupational therapists. Your Committee finds that continuing to require registration will facilitate the provision of quality occupational therapy services since persons who seek to represent themselves as occupational therapists will be required to meet national standards of education and experience or be subject to sanctions.

Additionally, this measure requires the Auditor to submit a report to the Legislature prior to the 2007 regular session that recommends modification or repeal of the occupational therapy practice program, deletes reference to occupational therapy assistants in the law establishing qualifications for registered occupational therapists, repeals the law authorizing temporary permits for the practice of occupational therapy, and deletes the definition of "direct supervision".

Your Committee finds that the Auditor has already completed two evaluations of occupational therapy regulation and a third study is not warranted. Your Committee further finds that there is a need to clarify the regulatory law to avoid precluding the use of qualified occupational therapy support personnel in the practice of occupational therapy. Accordingly, your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 730, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 730, S.D. 1, and be placed on the calendar for Third Reading.