STAND. COM. REP. NO. 1328

Honolulu, Hawaii

, 2019

RE: S.B. No. 774

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Intrastate Commerce, to which was referred S.B. No. 774, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING,"

begs leave to report as follows:

The purpose of this measure is to prohibit a professional or vocational licensing authority from using administrative rules to supersede requirements set forth in licensing statutes by adopting rules that authorize an unlicensed individual to perform duties, activities, or functions that would otherwise require licensure.

The Hawaii Dental Hygienists' Association and a few individuals testified in support of this measure. The Board of Dentistry (Board), Hawaii Dental Association, Smile World Orthodontics, and numerous individuals testified in opposition to this measure.

Your Committee has amended this measure by deleting its substantive contents and inserting new language that:

(1) Authorizes the Board to adopt rules for the regulation of dental assistants using certification options based on education level and permitted duties;

(2) Requires the Board to report to the Legislature on the progress of any rules adopted; and

(3) Changes this measure's effective date to July 1, 2050.

As affirmed by the record of votes of the members of your Committee on Intrastate Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 774, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 774, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Intrastate Commerce,

____________________________

TAKASHI OHNO, Chair