SB3071

SECTION 1. The legislature finds that the current examination process for licensed pest control operators under Hawaii Administrative Rules is overly complicated and frustrating for many candidates. Applicants are required to take the core exam and an additional specialty exam to be licensed in a specialty. If a candidate passes the core and specialty exam, the certification is good for five years. If a candidate passes the core exam but fails the specialty exam, the candidate is limited to six months in which to retake and pass the specialty exam or else the candidate must retake both exams. If the candidate fails the core exam but passes the specialty exam, the candidate must retake and pass both exams for certification. Additionally, candidates must take and pass the core exam for every new specialty, even if the candidate has already passed the core exam.

The legislature further finds that continuing education programs for pest control operator licensees are outdated. Twenty-five continuing education training credits are required over a five-year period for most specialties. Currently, there is not a large enough variety of classes nor a large enough number of classes offered to allow licensees to meet this requirement easily. The legislature also finds that the department of commerce and consumer affairs may not provide adequate assistance to companies seeking additional training. Applicants must wait for applications to be rejected in order to know required credits, which adds months of delay and added costs.

The legislature additionally finds that the last update to published information regarding materials, processes, and applications for pest control operator licenses occurred decades ago and therefore is in need of modernization.

The purpose of this Act is to:

(1) Establish examination requirements for pest control operator licenses in statute;

(2) Establish a more efficient examination process and continuing education training process; and

(3) Require the department of commerce and consumer affairs and the department of agriculture to update their published information.

SECTION 2. Chapter 460J, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§460J-A Examination standards for pest control operators. Testable knowledge for the pest control operator examination shall include the following areas:

(1) An understanding of the general format and terminology of pesticide labels and labeling; an understanding of instructions, warnings, symbols, classification of the product, other information that may appear on the label, and the necessity for following label directions;

(2) An understanding of pesticide toxicity, common exposure routes and hazard to humans; precautions necessary to guard against injury; need for and use of protective clothing and equipment; symptoms of pesticide poisoning; first aid to be followed in pesticide poisoning; proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers; and procedures for confining and cleaning up pesticide spills;

(3) An understanding of the potential environmental consequences of the use and misuse of restricted use pesticides, for example, the role of such factors as climatic conditions, types of terrain, soil and substrate, the presence of various non-target organisms, and the potential for surface and ground water contamination;

(4) The ability to identify pests and knowledge of the importance of the biology of pests relevant to the applicant's areas of operations;

(5) Knowledge of the characteristics of various kinds of pesticides, including types of formulations, compatibility, persistence, mode of action, toxicity, hazard and residues associated with use;

(6) Knowledge of the relative importance of pesticides, when they should and should not be used, and the factors which influence their effectiveness;

(7) Practical knowledge of type, maintenance, use, and calibration of pesticide application equipment and an understanding of advantages and limitations of various types of equipment. Additional knowledge of calibration shall be required of applicants using or supervising the use of highly specialized equipment such as aircraft;

(8) A practical understanding of how to apply pesticides in various formulations, such as dusts, wettable powders, emulsifiable concentrates, solutions, and gases, together with a knowledge of application techniques, including timing, safety precautions and restrictions;

(9) A practical understanding of pesticide drift potential and its effect on nontarget organisms, including but not limited to, wildlife, apiaries, and human habitation; and techniques and formulations which reduce drift;

(10) Knowledge of applicable federal and state laws and rules; and

(11) A demonstrated knowledge of the common features of pest organisms and characteristics of damage they cause, pest development and biology as it may be relevant to problem identification and control, and the ability to identify pests relevant to the applicator's areas of operations.

§460J-B Examination process. The procedures for licensing pest control operators are as follows:

(1) For initial license of pest control operators and renewal of pest control operators' licenses, application shall be on forms provided by the board. The applicant for the pest control operator license shall pass a written examination with a score of seventy per cent or better, at a time and place designated by the board. Instruction and examination shall cover the standards specified in sections 460J-A in a core examination and, if applicable, section 460J-12 in a branch examination. The board shall provide uniform study materials to all applicants;

(2) If the applicant fails to pass the core examination, that applicant is eligible to be re-examined no sooner than fourteen days after the date of the failed examination. A passing score on the core examination will be valid for months after the date of examination. The applicant may use a passing score on the core examination to be eligible to take branch examinations;

(3) Certification in a branch under section 460J-12 requires a passing score on the core examination and the branch examination. A passing score on the core examination within months of the testing date of the branch examination shall be sufficient for the applicant to be eligible for the branch examination. If the applicant passes the examinations and meets all other requirements for licensing, a license shall be issued that shall be valid for months;

(4) If an applicant fails to pass the core examination but passes the branch examination, that applicant is eligible to be re-examined for the core examination no sooner than fourteen days and no later than six months after the date of the failed examination; and

(5) For renewal of a pest control operator license, application for renewal may be made no sooner than ninety days before and no later than thirty days after expiration of the license. An applicant for renewal shall accumulate the prescribed number of hours of continuing education training approved for each branch in which the operator is certified. Completion of the continuing education training must be verified by documentation approved by the board. The continuing education training must be completed prior to the expiration date on the operator's license. The minimum number of continuing education training hours for each branch is as follows:

(A) Fumigation. hours of training;

(B) General Pest. hours of training; and

provided that continuing education training must be pertinent to the branch for which the applicant is seeking to renew the license; provided further that the board shall offer online class options for continuing education training and shall provide uniform study materials."

SECTION 3. There is established within the department of commerce and consumer affairs one part-time (0.5) PTE pest control operator application coordinator position to assist pest control operators with license, examination, and continuing education training applications and paperwork.

SECTION 4. The department of commerce and consumer affairs and the department of agriculture shall review and update all published information regarding pest control operator licenses, examinations, and continuing education training requirements and processes to reflect the purposes of this Act.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on January 1, 2019.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3071
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII