HOUSE OF REPRESENTATIVES

H.B. NO.

680

TWENTY-NINTH LEGISLATURE, 2017

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INTIMATE PARTNER VIOLENCE.

 

 

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

 


SECTION 1. The legislature finds that intimate partner violence is prevalent in every community and affects people regardless of age, socioeconomic status, sexual orientation, gender, race, religion, or nationality. Intimate partner violence can result in long-lasting consequences, including physical injury, psychological trauma, or even death. According to the federal Centers for Disease Control and Prevention, more than one in three women and more than one in four men in the United States have experienced rape, physical violence, or stalking by an intimate partner in their lifetime.

The legislature further finds that professionals in the grooming and beauty industry, such as barbers, hairdressers, estheticians, and nail technicians, often enjoy close relationships with their clients. These relationships may last years or decades and can put a grooming or beauty professional in the unique position to identify a potentially concerning situation.

The legislature additionally finds that requiring licensees under the board of barbering and cosmetology to complete an intimate partner violence awareness education program may help decrease intimate partner violence by making more individuals aware of the problem and offering victims an additional place to turn for help.

Accordingly, the purpose of this Act is to require licensees under the board of barbering and cosmetology to complete a one-time awareness education program on intimate partner violence awareness and education.

SECTION 2. Chapter 438, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"438-   Intimate partner violence; awareness education; hold harmless. (a) Every barber licensed pursuant to this chapter shall complete a one-time awareness education program on intimate partner violence awareness and education. The awareness education program shall enable licensees to recognize signs of intimate partner violence and provide licensees with resources to address intimate partner violence, such as referrals to appropriate social services or domestic violence organizations.

(b) All persons applying for licensure as a barber pursuant to this chapter shall complete the awareness education program and submit evidence of completion along with the application requirements under section 438-7.

(c) All persons holding a valid license as a barber pursuant to this chapter as of the effective date of Act    , Session Laws of Hawaii 2017, shall complete the awareness education program along with license renewal requirements specified under section 438-12.

(d) The department, through rules adopted in accordance with chapter 91, shall adopt the materials made available by a selected nonprofit intimate partner violence awareness education program required by this section and section 439-   to satisfy the awareness education requirement.

(e) A person licensed as a barber pursuant to this chapter who completes the awareness education program shall not be civilly or criminally liable for acting in good faith or failing to act on information concerning potential intimate partner violence obtained during the course of employment.

(f) Any individual who assaults or threatens to cause bodily injury to a person licensed as a barber pursuant to this chapter for acting on information concerning potential intimate partner violence obtained during the course of employment shall be guilty of a misdemeanor."

SECTION 3. Chapter 439, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"439-   Intimate partner violence; awareness education; hold harmless. (a) Every beauty operator licensed pursuant to this chapter shall complete a one-time awareness education program on intimate partner violence awareness and education. The awareness education program shall enable licensees to recognize signs of intimate partner violence and provide licensees with resources to address intimate partner violence, such as referrals to appropriate social services or domestic violence organizations.

(b) All persons applying for licensure as a beauty operator pursuant to this chapter shall complete the awareness education program along with the application requirements under section 439-11, 439-17, or 439-18.

(c) All persons holding a valid license as a beauty operator pursuant to this chapter as of the effective date of Act    , Session Laws of Hawaii 2017, shall complete the awareness education program along with license renewal requirements specified under section 439-15, 439-17, or 439-18.

(d) A person licensed as a beauty operator pursuant to this chapter who completes the awareness education program shall not be civilly or criminally liable for acting in good faith or failing to act on information concerning potential intimate partner violence obtained during the course of employment.

(e) Any individual who assaults or threatens to cause bodily injury to a person licensed as a beauty operator pursuant to this chapter for acting on information concerning potential intimate partner violence obtained during the course of employment shall be guilty of a misdemeanor."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2099.



 

Report Title:

Board of Barbering and Cosmetology; Barbering; Cosmetology; Intimate Partner Violence; Awareness Education; Licensing

 

Description:

Requires licensees under the Board of Barbering and Cosmetology to complete a one-time awareness education program on intimate partner violence awareness and education. Requires the Department of Commerce and Consumer Affairs to adopt materials by the selected nonprofit intimate partner violence awareness education program. Provides that assaulting or threatening to cause bodily injury to a barber or beauty operator is a misdemeanor. (HB680 HD2)

 

 

 

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