STAND. COM. REP. NO. 3324

Honolulu, Hawaii

RE: S.B. No. 2541

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2541, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require massage therapy licensees, beginning with the renewal for the licensing biennium commencing on July 1, 2022, and every biennial renewal thereafter, to complete twelve hours of continuing education within the two-year period preceding the renewal date, two hours of which shall include first aid, cardiopulmonary resuscitation, or emergency-related courses; and

(2) Modify and update advertising limitations and penalties.

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

Your Committee finds that the practice of massage in the State affects public health and safety and therefore, massage therapist licensees should regularly maintain their knowledge and education and receive basic first aid and emergency-related training. This measure establishes continuing education requirements for licensed massage therapists, which will ensure that massage therapists are aware of the best practices in the industry.

Your Committee recommends, as this measure proceeds, that consideration be given as to the practicability of implementation of this measure in its current version, specifically:

(1) Whether application of the continuing education requirement for renewal of a massage therapist license should be delayed to the 2022-2024 biennium, to provide adequate time for:

(A) The Board of Massage Therapy to adopt rules prescribing the content requirements for continuing education;

(B) Continuing education providers to develop compliant programs; and

(C) The Board of Massage Therapy to certify such programs; and

(2) Whether the requirement for compliance with continuing education requirements for renewal of a massage therapist license should be modified for massage therapists who initially apply for a license in the second year of a licensing biennium so that the continuing education requirement is not a prerequisite for the initial renewal, but would apply to renewal after the first full biennium of licensure.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2541, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair