STAND. COM. REP. NO.  1081-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 3031

      S.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.B. No. 3031, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DISPENSING OPTICIANS,"

begs leave to report as follows:

     The purpose of this measure is to clarify that the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs has the authority to investigate and prosecute cases involving the unlicensed sale of non-corrective contact lenses.

     Specifically, this measure specifies that a dispensing optician's license is required for the dispensing and fitting of non-corrective contact lenses based on a prescription and for the sale or offer to sell non-corrective contact lenses. 

     Testimony in support of this measure was submitted by the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs and The Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs.  The Board of Examiners of Optometry offered comments.

     Your Committee finds that this measure will protect the health and safety of the public by amending state law to complement the applicable federal law and allowing the Regulated Industries Complaints Office to take action in the event that an unlicensed person sells or attempts to sell decorative non-corrective contact lenses.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3031, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

JOSHUA B. GREEN, M.D., Chair