STAND. COM. REP. NO. 194

Honolulu, Hawaii

RE:    S.B. No. 1074

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 1074 entitled:

"A BILL FOR AN ACT RELATING TO PHYSICAL THERAPY,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Regulate physical therapist assistants by limiting the use of certain titles and requiring licensure prior to practicing in the State;

     (2)  Ensure physical therapist assistants have the appropriate education and training background;

     (3)  Add a physical therapist assistant to the composition of the Board of Physical Therapy of the Department of Commerce and Consumer Affairs; and

     (4)  Appropriate funds out of the compliance resolution fund to implement the licensure of physical therapist assistants.

     Your Committee received testimony in support of this measure from the American Physical Therapy Association; Hawaii Chapter of the American Physical Therapy Association; The Queen's Medical Center; Occupational Therapy Association of Hawaii; Ho‘okahi Leo, Physical Therapist Assistants of Hawaii; Tripler Army Medical Center, Pain Clinic; and nineteen individuals.

     Your Committee finds that physical therapist assistants are health care providers who deliver physical therapy services under the direction and supervision of physical therapists.  Currently, Hawaii is the only state in the country that does not regulate physical therapy assistants.

     Your Committee further finds that the Auditor's Office conducted a sunrise review in 1995 on a proposal to regulate physical therapy assistants, pursuant to section 26H-6, Hawaii Revised Statutes.  The Auditor's report concluded there was no need for regulation and cited little potential harm to the public because the small number of physical therapy assistants practicing in Hawaii could only work under the supervision of a physical therapist.  However, since that time, the scope of physical therapy practice has expanded and the number of physical therapy assistants practicing in Hawaii has increased.

     Your Committee additionally finds that physical therapy assistants work in a variety of practice settings, including hospitals, private practices, schools, and home health, and work with different patient populations, including children and the elderly.  Because some treatment provided by physical therapy assistants could cause harm to patients if not done correctly, your Committee concludes that licensure for physical therapy assistants is needed in the State to protect the public and ensure consumer safety.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 1074, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1074, 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,

____________________________

ROSALYN H. BAKER, Chair