THE SENATE	S.B. NO.	2638
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

Relating to professional and vocational licensing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that professional or vocational licensed individuals may employ auxiliary personnel to assist such licensed individuals in the practice of the profession or vocation. While considered a valuable part of a team, these auxiliary personnel may not be licensed or certified in Hawaii or required to meet the same stringent standards of training and care as licensed individuals in certain professions or vocations. For example, licensed and registered dentists are authorized by law to employ auxiliary personnel, known as dental assistants, to assist a dentist in the dentist's practice. However, dental assistants are not currently licensed or certified in Hawaii and have no requirement to successfully complete a course of study and practicum.

The legislature additionally finds that it is important for those in various professional and vocational fields to be aware of and adhere to legislatively determined parameters regarding duty and scope of practice of certain licensed professions and vocations in Hawaii. It is also important that unlicensed individuals do not infringe upon a particular licensed profession's scope of practice. The legislature also finds that while training and education for auxiliary personnel are important, it is not appropriate for unlicensed auxiliary personnel to be expected or required to perform duties, activities, or functions that, if performed by another professional, would require licensure of that professional.

The purpose of this Act is to prohibit a licensing authority from adopting rules that authorize an unlicensed individual to perform duties that may overlap or conflict with the duties and scope of any licensed professions or vocations.

SECTION 2. Chapter 436B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§436B-   Auxiliary personnel; duties and scope; rules. If auxiliary personnel are not required to obtain a license or certificate pursuant to applicable licensing laws to perform duties to assist a duly licensed professional, a licensing authority shall not adopt any rule regarding the duties of such auxiliary personnel that may infringe upon, overlap with, or conflict with the duties and scope of practice of any licensed professional."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Professional and Vocational Licensing; Licensing Authority; Duties and Scope of Practice

Description:

Prohibits a licensing authority from adopting rules that authorize an unlicensed individual to perform duties that may overlap or conflict with the duties and scope of licensed professions or vocations.

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