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STAND. COM. REP. NO. 55

Honolulu, Hawaii

RE:    S.B. No. 51

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Health, to which was referred S.B. No. 51 entitled:

"A BILL FOR AN ACT RELATING TO DENTISTRY,"

begs leave to report as follows:

     The purpose of this measure is to protect public health by including tooth whitening services in the definition of the practice of dentistry.

     Your Committee received testimony in support of this measure from the Hawaii Dental Association and the Board of Dental Examiners.  The Department of Commerce and Consumer Affairs submitted testimony in support of this measure with amendments.

     Your Committee finds that teeth whitening services are being provided by businesses that are not licensed to practice dentistry.  Including teeth whitening services in the definition of the practice of dentistry will enable the Department of Commerce and Consumer Affairs to facilitate effective enforcement of businesses engaged in the unlicensed practice of dentistry.

     Your Committee has amended this measure by adopting the recommendations of the Department of Commerce and Consumer Affairs by clarifying that:

     (1)  The practice of dentistry includes the offer to perform or the performance of any phase of any operation incident to teeth whitening, including the instruction or application of teeth whitening materials or procedures at any location; and

     (2)  "Teeth whitening" means any process performed by one individual upon another individual to whiten or lighten the appearance of human teeth by the application of chemicals, whether or not in conjunction with a light source.

     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. 51, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 51, S.D. 1, and be referred to the Committee on Commerce and Consumer Protection.

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

____________________________

DAVID Y. IGE, Chair