STAND. COM. REP. NO. 195-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2201

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 2201 entitled:

"A BILL FOR AN ACT RELATING TO MASSAGE THERAPISTS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require the Board of Massage Therapy to adopt rules to set qualifications for license and licensure renewal; and

(2) Prohibit advertising as a massage therapist without a valid massage therapy license or from using advertisements on the internet and social media platforms that depict the human form other than hands, wrists, and forearms.

Your Committee received testimony in support of this measure from the American Massage Therapy Association – Hawaii Chapter. Your Committee received comments on this measure from the Department of the Attorney General, Board of Massage Therapy, and IMUAlliance.

Your Committee acknowledges the testimony from the Department of the Attorney General, noting that this measure may be subject to a challenge under the Free Speech Clauses of the United States Constitution and Hawaii State Constitution for broadly prohibiting certain advertisements on the Internet and social media platforms. Should your Committee on Intrastate Commerce deliberate on this measure, your Committee respectfully requests that it work with the Board of Massage Therapy for a remedy.

Your Committee notes that the Board of Massage Therapy specifically requested an effective date on this measure of July 1, 2024.

Your Committee has amended this measure by changing the effective date to July 1, 2050, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2201, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2201, H.D. 1, and be referred to your Committee on Intrastate Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

JOHN M. MIZUNO, Chair