STAND. COM. REP. NO. 2182

Honolulu, Hawaii

RE:    S.B. No. 2502

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 2502 entitled:

"A BILL FOR AN ACT RELATING TO VETERINARY TECHNICIANS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish registration requirements for veterinary technicians; and

     (2)  Require the Board of Veterinary Examiners to adopt rules for the regulation of veterinary technicians.

     Your Committee received testimony in support of this measure from the Hawaii Veterinary Medical Association, Pacific Pet Alliance, and one individual.  Your Committee received comments on this measure from the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs, Board of Veterinary Examiners, The Humane Society of the United States – Hawaii, and Animal Haven.

     Your Committee finds that this measure creates a new chapter for the registration of veterinary technicians.  Your Committee has heard the concerns that this measure does not adequately set forth the qualifications or the scope of practice of a veterinary technician, does not contain specific provisions on the issue of supervision by a licensed veterinarian, and does not enumerate the types of conduct that would give rise to disciplinary action.  Your Committee appreciates these concerns and concludes that amendments to this measure are necessary to clarify the registration, education, and other requirements for the regulation of veterinary technicians.

     Your Committee further finds that the Board of Veterinary Examiners issues licenses to veterinarians under chapter 471, Hawaii Revised Statutes, while this measure would instead require the Board to issue registrations to veterinary technicians under a new chapter of the Hawaii Revised Statutes.  Your Committee concludes that it is more appropriate for the regulation of veterinarians and veterinary technicians to be within the same chapter; therefore amendments to this measure are necessary.

     Accordingly, your Committee has amended this measure by deleting its contents and inserting similar language regulating veterinary technicians.  Specifically, this measure was amended by:

     (1)  Deleting language that would have established a new chapter in the Hawaii Revised Statutes relating to veterinary technicians;

     (2)  Establishing registration requirements for veterinary technicians within chapter 471, Hawaii Revised Statutes, and further amending chapter 471, Hawaii Revised Statutes, by:

          (A)  Requiring the Board of Veterinary Examiners, beginning July 1, 2018, to issue certificates of registration to engage in the practice of veterinary technology as veterinary technicians to applicants who meet specified requirements;

          (B)  Adding new definitions related to veterinary technicians and the practice of veterinary technology;

          (C)  Prohibiting persons from practicing veterinary technology or using certain titles without having a valid unrevoked registration from the Board of Veterinary Examiners;

          (D)  Specifying exceptions to the registration requirements;

          (E)  Specifying education and application requirements for veterinary technicians;

          (F)  Specifying the grounds for refusal to grant and revocation or suspension of registration; and

          (G)  Clarifying that the existing hearing and penalty provisions of chapter 471, Hawaii Revised Statutes, also apply to veterinary technicians;

     (3)  Updating the purpose section for clarity;

     (4)  Changing the effective date to July 1, 2014; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     Your Committee notes that section 26H-6, Hawaii Revised Statutes, requires previously unregulated professions and vocations to be referred to the State Auditor for a sunrise analysis and that veterinary technician is one such unregulated profession.  Although your Committee understands that a concurrent resolution requesting a sunrise analysis needs to be adopted and referred to the Auditor before this amended measure can be adopted by the Legislature, it is your Committee's intent that this amended measure provide a solid basis to be used for the State Auditor's sunrise analysis.

     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. 2502, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2502, 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