STAND. COM. REP. NO. 3262

Honolulu, Hawaii

RE:    S.C.R. No. 31

       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 Ways and Means, to which was referred S.C.R. No. 31, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE LICENSURE AND REGULATION OF HERBAL THERAPISTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to require the Auditor to conduct a sunrise review of the licensure and regulation of herbal therapists.

     Your Committee received testimony in support of this measure from the Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs, the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs, 'A'ali'i Group, and seven individuals.

     Senate Bill No. 195 (2013) and Senate Bill No. 2439 (2014) both propose the licensure and regulation of herbal therapists in Hawaii.  Your Committee finds that herbal therapists are involved in the health care of individuals through the use and application of herbal formulas and practices.  Your Committee further finds that herbal therapists are not presently required to be licensed, certified, or regulated by the State.

     Section 26H-6, Hawaii Revised Statutes, requires new measures that would subject unregulated professions to licensing or other regulatory controls to be referred to the Auditor for analysis.  Accordingly, your Committee finds that an Auditor's sunrise analysis of the proposed licensure and regulation of herbal therapists will set forth the probable effects of the proposed regulatory measure, assess whether regulation is reasonably necessary to protect consumers, and assess whether alternate forms of regulation are appropriate.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 31, S.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair