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. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1238
THE SENATE                              S.B. NO.           S.D. 2
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 under sections 302A-424 to 302A-
 
 4 428, Hawaii Revised Statutes.  According to the auditor's report
 
 5 no. 97-17, the department of education "has failed to properly
 
 6 manage the licensing program."  The legislature finds that
 
 7 continued licensing and regulation of schools for barbering and
 
 8 massage are warranted and that the responsibility should be
 
 9 transferred to the department of commerce and consumer affairs
 
10 which regulates 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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 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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 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 438-1, Hawaii Revised Statutes, is
 
14 amended by amending the definition of "student" to read as
 
15 follows:
 
16      ""Student" is a person who is engaged in learning to be a
 
17 barber in a [barber] barbering school and while so doing assists
 
18 in doing any act involved in the practice of barbering under the
 
19 supervision of an instructor."
 
20      SECTION 8.  Section 438-2, Hawaii Revised Statutes, is
 
21 amended by amending subsection (c) to read as follows:
 
22      "(c)  The practice of barbering shall be carried on only by
 
23 persons holding a license, apprentice permit, or temporary permit
 

 
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 1 to practice in this State and only in licensed barber shops,
 
 2 except that a duly licensed barber may practice barbering at a
 
 3 health care, nursing, mental or correctional facility, [barber]
 
 4 barbering school, beauty shop, charitable event, or a person's
 
 5 private home, office, or hotel room when requested to do so."
 
 6      SECTION 9.  Section 438-7, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (b) to read as follows:
 
 8      "(b)  An applicant for a barber's license shall:
 
 9      (1)  Be at least seventeen years of age;
 
10      (2)  Have a total of fifteen hundred clock hours of barber
 
11           training through the following or a combination
 
12           thereof:
 
13           (A)  As a barber apprentice, holding a barber
 
14                apprentice permit; or
 
15           (B)  As a student enrolled in a [school that has a
 
16                barbering curriculum;] barbering school; provided
 
17                that only classes related to barbering shall be
 
18                applied towards the accumulation of clock hours;
 
19           The board shall adopt rules pursuant to chapter 91 to
 
20           implement this paragraph; and
 
21      (3)  Take and pass an examination for licensure."
 
22      SECTION 10.  Section 438-13, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "§438-13  Penalties.  Any person who practices barbering,
 
 2 operates a barber shop, operates a barbering school, or acts in
 
 3 any capacity wherein a license, apprentice permit, or temporary
 
 4 permit is required, without a license, apprentice permit, or
 
 5 temporary permit as provided in this chapter shall be fined not
 
 6 more than $100, or imprisoned not more than six months, or both.
 
 7 Each day of violation shall be a separate offense."
 
 8      SECTION 11.  Section 452-1, Hawaii Revised Statutes, is
 
 9 amended by amending the definition of "massage therapist student"
 
10 to read as follows:
 
11      ""Massage therapist student" means any person who engages in
 
12 the study or practice of massage therapy who is under the direct
 
13 supervision of the teacher in a [school setting.] massage therapy
 
14 school."
 
15      SECTION 12.  Section 452-2, Hawaii Revised Statutes, is
 
16 amended by amending subsection (b) to read as follows:
 
17      "(b)  A massage therapist apprentice who has a permit, or a
 
18 massage therapist student under the direct supervision of a
 
19 teacher in a massage [school setting,] therapy school, is also
 
20 permitted to engage in or attempt to engage in the occupation or
 
21 practice of massage."
 
22      SECTION 13.  Section 452-4, Hawaii Revised Statutes, is
 
23 amended by amending subsection (c) to read as follows:
 

 
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 1      "(c)  Board members affiliated with any [school teaching]
 
 2 massage therapy school or any apprenticeship or other massage
 
 3 therapy [training program] school shall disclose that affiliation
 
 4 and shall at all times adhere to the provisions of chapter 84 and
 
 5 the interpretations of that chapter by the state ethics
 
 6 commission."
 
 7      SECTION 14.  Section 452-13, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  The executive secretary of the board shall determine
 
10 the sufficiency of the preliminary qualifications of applicants
 
11 for admission to examination and licensing.  The executive
 
12 secretary shall require that:
 
13      (1)  A nonrefundable application fee shall be paid to the
 
14           board at the time of the application.
 
15      (2)  The examination fee shall be refunded only if the
 
16           applicant is found not qualified to take the license
 
17           examination.
 
18      (3)  An applicant for examination shall have completed
 
19           academic training in anatomy, physiology, structural
 
20           kinesiology, and the theory and demonstration of
 
21           massage, which is not confined to any specific system
 
22           or method of massage therapy, spent at least six months
 
23           as a massage therapist apprentice or massage therapist
 

 
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 1           student in a massage therapy school approved by the
 
 2           board, and met all other requirements set for
 
 3           apprentices or students by the board pursuant to
 
 4           section 452-6(c)."
 
 5      SECTION 15.  Section 452-19, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  Any person who practices massage or maintains a
 
 8 massage therapy establishment, or operates a massage therapy
 
 9 school, or acts in any capacity wherein a license is required by
 
10 this chapter, without a license provided for in this chapter,
 
11 shall be guilty of a petty misdemeanor."
 
12      SECTION 16.  The department of commerce and consumer affairs
 
13 shall conduct an assessment on the need for the regulation of
 
14 barbering and massage therapy schools; provided that if the
 
15 results of the assessment support a need for regulation, the
 
16 department shall report on any additional resources and
 
17 legislation required to implement a regulatory program.  The
 
18 department shall submit a report of its findings and
 
19 recommendations to the legislature no later than twenty days
 
20 prior to the convening of the regular session of 2000.
 
21      SECTION 17.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 18.  This Act shall take effect upon approval;
 

 
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 1 provided that sections 2 to 15 of this Act shall take effect on
 
 2 January 1, 2001.