STAND. COM. REP. NO. 927

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 268

       H.D. 2

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Commerce and Consumer Protection, to which was referred H.B. No. 268, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO DENTISTRY,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to grant the Director of Commerce and Consumer Affairs the power to issue cease and desist orders for the unlicensed practice of dentistry and for any other act or practice in violation of chapter 448, Hawaii Revised Statutes.

 

     Your Committee received testimony in support of this measure from the Hawaii Dental Association and one individual.  Your Committee received testimony in opposition to this measure from the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs.  Your Committee received comments on this measure from the Board of Dental Examiners.

 

     Your Committee finds that this measure authorizes the Director of Commerce and Consumer Affairs to issue cease and desist orders for the unlicensed practice of dentistry and for any other act or practice in violation of chapter 448, Hawaii Revised Statutes; sets forth procedures for the cease and desist orders; and establishes a penalty for the continued practice of dentistry upon service of a cease and desist order.  However, your Committee has heard the concerns that the cease and desist procedures proposed by this measure unnecessarily complicate and impede the Department of Commerce and Consumer Affairs' ability to stop an unlicensed individual from practicing dentistry in Hawaii.

 

     Your Committee further finds that existing law allows the Regulated Industries Complaints Office to issue citations, with an order of abatement effective upon service, to persons engaged in unlicensed activity.  Existing law also provides that an unlicensed individual may request a hearing to contest a citation.  According to the Regulated Industries Complaints Office, this citation process is an expedient and efficient means of addressing unlicensed activity.  Your Committee concludes that the cease and desist procedures under existing law more appropriately address the concerns surrounding unlicensed dental activity than the cease and desist procedures proposed by this measure.

 

     Your Committee notes that the companion to this measure, S.B. No. 725, S.D. 2 (Regular Session of 2015), which was previously passed by the Senate, authorizes the Board of Dental Examiners to summarily suspend a license.  Your Committee additionally finds that the language in S.B. No. 725, S.D. 2, is preferable because it enables the Board of Dental Examiners to respond swiftly and appropriately against licensees for the protection of consumers.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Deleting its contents and inserting the contents of S.B. No. 725, S.D. 2, a substantively similar measure, which:

 

          (A)  Authorizes the Board of Dental Examiners to summarily suspend a license;

 

          (B)  Establishes procedures for the summary suspension of a license; and

 

          (C)  Specifies that continuing to practice dentistry, or attempting to do so, while the summary suspension of a license is in effect shall be grounds for revocation of the license; and

 

     (2)  Inserting an effective date of July 1, 2015.

 

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 268, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 268, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

 

 

 

________________________________

ROSALYN H. BAKER, Chair