SB2053

SECTION 1. The legislature finds that Act 198, Session Laws of Hawaii 2012, enacted a regulatory scheme for athletic trainers, codified as chapter 436H, Hawaii Revised Statutes, is set to repeal on June 30, 2018.

The legislature further finds that Auditor Report No. 17-08 recommended that the current registration requirement for athletic trainers should be made permanent. Specifically, the Auditor's Report found that:

(1) Athletic trainers are healthcare professionals who provide injury prevention, treatment and assessment of injuries, and rehabilitation of injuries, among other services. Athletic trainers also provide emergency medical care and are involved in concussion monitoring and education. The services that an athletic trainer provides may affect the health and safety of athletes, and the proficiencies required by the current regulatory scheme are reasonably necessary to protect athletes under an athletic trainer's care;

(2) The current regulation of athletic trainers does not impose unreasonable restrictions on individuals entering the profession and does not meaningfully increase the cost of athletic trainer services; and

(3) The public interest requires that the profession of athletic trainer continue to be regulated and the program requiring athletic trainers to register with the department of commerce and consumer affairs be reenacted.

One area of concern for the Auditor was that the statutory exemptions to the regulation of athletic trainers inadvertently prevents California athletic trainers accompanying teams visiting Hawaii from practicing temporarily as athletic trainers while in Hawaii. The Auditor's Report noted that California is the only state that does not regulate athletic trainers. The Auditor urged consideration of a statutory amendment to temporarily exempt from regulation athletic trainers traveling to Hawaii with California teams.

The legislature further finds that the regulation of athletic trainers should be made permanent in the interest of public health and safety and that athletic trainers temporarily accompanying teams from a state that does not regulate athletic trainers should be exempted from regulation.

Accordingly, the purpose of this Act is to:

(1) Make the requirements of chapter 436H, Hawaii Revised Statutes, regulating athletic trainers, permanent; and

(2) Exempt from regulation athletic trainers temporarily accompanying teams to Hawaii for an athletic or sporting event from a state that does not regulate athletic trainers.

SECTION 2. Section 26H-4, Hawaii Revised Statutes, is amended to read as follows;

"§26H-4 Repeal dates for newly enacted professional and vocational regulatory programs. (a) Any professional or vocational regulatory program enacted after January 1, 1994, and listed in this section shall be repealed as specified in this section. The auditor shall perform an evaluation of the program, pursuant to section 26H-5, prior to its repeal date.

[~~(b) Chapter 436H (athletic trainers) shall be repealed on June 30, 2018.~~

~~(c)~~] (b) Chapter 465D (behavior analysts) shall be repealed on June 30, 2021.

[~~(d)~~] (c) Chapter 466L (appraisal management companies) shall be repealed on June 30, 2023."

SECTION 3. Section 436H-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§436H-5[]] Exemptions. This chapter is not intended to restrict the practice of other licensed healthcare providers practicing within their own recognized scopes of practice and shall not apply to:

(1) An individual who possesses a valid license issued under chapter 453, 457G, or 461J who, when acting within the scope of practice allowable under the individual's license, performs the same or similar functions as an individual registered pursuant to this chapter;

(2) Students in an educational program for athletic trainers who participate in activities conducted as part of the educational program under the supervision and guidance of a registered athletic trainer registered under this chapter;

(3) An individual serving in the armed forces of the United States, the United States Public Health Service, the Department of Veterans Affairs, or any other federal agency who engages in activities regulated under this chapter as a part of the individual's employment;

(4) An individual who is invited to conduct a lecture, clinic, or demonstration regarding the practice of athletic training by a school, professional association, professional society, or other similar entity approved by the department by rule pursuant to chapter 91; provided that the individual does not establish a place of business or regularly engage in the practice of athletic training within the State;

(5) An individual who possesses a valid license, registration, or certification from another jurisdiction who accompanies an athlete or team of athletes into this State for a temporary period; provided that the individual shall only attend to the needs of that athlete or team of athletes and those persons who travel with that athletic group or team in a capacity other than as a spectator;

(6) An individual who possesses a valid license, registration, or certification from another jurisdiction who is invited to engage in the practice of athletic training under the supervision and control of a sponsoring entity for a limited time and solely for a special event; [or]

(7) An individual who does not possess a valid license, registration, or certification from another jurisdiction because that jurisdiction does not regulate athletic trainers; provided that the individual accompanies a team of athletes from that jurisdiction for a temporary period for an athletic or sporting event in the State; or

[~~(7)~~] (8) An individual who is an athletic trainer and a patient to himself or herself or gratuitous athletic training by a friend or family member who does not represent himself or herself to be an athletic trainer.

Nothing in this chapter shall be construed to limit or prohibit the administration of routine assistance or first aid by a person who is not a registered athletic trainer for injuries or illnesses sustained at an athletic event or program."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on June 29, 2018.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2053
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII