REPORT TITLE:
Trade School Regulation


DESCRIPTION:
Transfers responsibility for licensure and regulation of
barbering and massage schools from DOE to DCCA.  Requires DCCA to
assess need for regulation and report to the legislature. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PROFESSIONS AND OCCUPATIONS. 


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

 1      SECTION 1.  Licensure and regulation of private trade,
 
 2 vocational, or technical schools are currently the responsibility
 
 3 of the department of education (DOE) under sections 302A-424 to
 
 4 302A-428, Hawaii Revised Statutes.  According to the Auditor's
 
 5 report no. 97-17, the DOE "has failed to properly manage the
 
 6 licensing program."  The legislature finds that continued
 
 7 licensing and regulation of schools for barbering and massage are
 
 8 warranted and that the responsibility should be transferred to
 
 9 the department of commerce and consumer affairs which regulates
 
10 the licensing of practitioners in these fields.
 
11      The purpose of this Act is to require the department of
 
12 commerce and consumer affairs to license and regulate trade
 
13 schools for barbering and massage. 
 
14      SECTION 2.  Chapter 438, Hawaii Revised Statutes, is amended
 
15 by adding a new section to be appropriately designated and to
 
16 read as follows:
 
17      "§438-    Licensing and regulation of barbering schools.
 
18 (a)  No barbering school shall operate in this State, in any
 
19 manner, without having a valid unrevoked license from the board.
 

 
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 1      (b)  The board shall adopt rules pursuant to chapter 91 to
 
 2 establish licensing requirements for barbering schools, including
 
 3 but not limited to forms, procedures, and fees.
 
 4      (c)  The board shall adopt rules pursuant to chapter 91 to
 
 5 establish licensing, suspension, and revocation requirements and
 
 6 procedures for barbering schools.
 
 7      (d)  Violation of this section shall be subject to penalties
 
 8 set forth under section 438-13."
 
 9      SECTION 3.  Chapter 452, Hawaii Revised Statutes, is amended
 
10 by adding a new section to be appropriately designated and to
 
11 read as follows:
 
12      "§452-    Licensing and regulation of massage therapy
 
13 schools.  (a)  No massage therapy school shall operate in this
 
14 State, in any manner, without having a valid unrevoked license
 
15 from the board.
 
16      (b)  The board shall adopt rules pursuant to chapter 91 to
 
17 establish licensing requirements for massage therapy schools,
 
18 including but not limited to forms, procedures, and fees.
 
19      (c)  The board shall adopt rules pursuant to chapter 91 to
 
20 establish licensing, suspension, and revocation requirements and
 
21 procedures for massage therapy schools.
 
22      (d)  Violation of this section shall be subject to penalties
 
23 set forth under section 452-19."
 

 
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 1      SECTION 4.  Section 438-1, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Barbering school" means any plan or method used by any
 
 5 person, firm, organization, limited liability company, or
 
 6 corporation for giving instruction in any form or manner in the
 
 7 practice of barbering for which a license is required under this
 
 8 chapter, for a consideration, reward, or promise of any nature,
 
 9 including correspondence schools located within the State,
 
10 except as follows:
 
11      (1)  Schools maintained or classes conducted, by employers
 
12           for their own employees if no fee or tuition is
 
13           charged;
 
14      (2)  Courses of instruction given by a fraternal society,
 
15           benevolent order, or professional organization to its
 
16           members, which are not operated for profit;
 
17      (3)  Classes conducted for less than five students at one
 
18           time and the same time; or
 
19      (4)  Classes or courses of instruction that are conducted
 
20           for twenty or fewer class sessions during any twelve-
 
21           month period."
 
22      SECTION 5.  Section 452-1, Hawaii Revised Statutes, is
 
23 amended by adding a new definition to be appropriately inserted
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 and to read as follows:
 
 2      ""Massage therapy school" means any plan or method used by
 
 3 any person, firm, organization, limited liability company, or
 
 4 corporation for giving instruction in any form or manner in the
 
 5 practice of massage for which a license is required under this
 
 6 chapter, for a consideration, reward, or promise of any nature,
 
 7 including correspondence schools located within the State, except
 
 8 as follows:
 
 9      (1)  Schools maintained or classes conducted, by employers
 
10           for their own employees if no fee or tuition is
 
11           charged;
 
12      (2)  Courses of instruction given by a fraternal society,
 
13           benevolent order, or professional organization to its
 
14           members, which are not operated for profit;
 
15      (3)  Classes conducted for less than five students at one
 
16           time and the same time; or
 
17      (4)  Classes or courses of instruction that are conducted
 
18           for twenty or fewer class sessions during any twelve-
 
19           month period."
 
20      SECTION 6.  Section 302A-425, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§302A-425  License required for private trade, vocational,
 
23 or technical school.  No private trade, vocational, or technical
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 school shall be operated by any person or persons, firm, or any
 
 2 other private organization or corporation for the purpose of
 
 3 teaching any trade, occupation, or vocation unless there is first
 
 4 secured from the department a license issued in accordance with
 
 5 sections 302A-424 to 302A-428 and in such form as the department
 
 6 may direct[.]; provided that schools for barbering and massage
 
 7 shall be licensed and regulated by the department of commerce and
 
 8 consumer affairs.  The purpose of the licensing and regulation is
 
 9 to protect consumers against practices by private trade,
 
10 vocational, or technical schools that are false, deceptive,
 
11 misleading, or unfair, and to help ensure adequate educational
 
12 quality at private trade, vocational, or technical schools."
 
13      SECTION 7.  Section 438-13, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§438-13  Penalties.  Any person who practices barbering,
 
16 operates a barber shop, operates a barbering school, or acts in
 
17 any capacity wherein a license, apprentice permit, or temporary
 
18 permit is required, without a license, apprentice permit, or
 
19 temporary permit as provided in this chapter shall be fined not
 
20 more than $100, or imprisoned not more than six months, or both.
 
21 Each day of violation shall be a separate offense."
 
22      SECTION 8.  Section 452-19, Hawaii Revised Statutes, is
 
23 amended by amending subsection (a) to read as follows:
 

 
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 1      "(a)  Any person who practices massage or maintains a
 
 2 massage therapy establishment, or operates a massage therapy
 
 3 school, or acts in any capacity wherein a license is required by
 
 4 this chapter, without a license provided for in this chapter,
 
 5 shall be guilty of a petty misdemeanor."                         
 
 6      SECTION 9.  The department of commerce and consumer affairs
 
 7 shall conduct an assessment on the need for the regulation of
 
 8 barbering and massage therapy schools; provided that if the
 
 9 results of the assessment support a need for regulation, the
 
10 department shall report on any additional resources and
 
11 legislation required to implement a regulatory program.  The
 
12 department shall submit a report of its findings and
 
13 recommendations to the legislature no later than twenty days
 
14 before the convening of the 2000 legislature.    
 
15      SECTION 10.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 11.  This Act shall take effect upon approval;
 
18 provided that sections 2 to 8 of this Act shall take effect on
 
19 January 1, 2001.