2010 Legislative update

 2010 HATA Legislative Report

The 2010 Hawaii State legislature has opened.  We continue in our efforts to gain favorable regulation for our profession. In the off season, we met with Senator Roz Baker (Senate Commerce and Consumer Protection Chair), Representative Jerry Chang (Education/Higher Education), and Representative Bob Herkes (House Consumer Protection Chair). Senator Roz Baker is spearheading legislation on our behalf.  Representative Jerry Chang assured us he will support the bills submitted by Senator Baker. We still have several other legislators who support our efforts.  We are hopeful that this is our year.

The House and Senate regulatory bills from last session carry over to this session. We do not know if they will be heard in the House where they stalled last year. The concurrent resolution asking for a Sunrise Analysis does not carry over.  A new version will be introduced later in the session. There are 3 bills that were introduced that affect or are of interest to us, all are attached.

SB2601 This is a new regulatory Bill introduced by Senator Baker asking for Registration for Athletic Trainers. It has a provision at the end of the bill stating

“Registration indicates permission to engage in the practice of athletic training.  A registration granted under this chapter shall mean that the registered person has met requirements that include minimum practice standards to provide protection to the public and is permitted to use the title of athletic trainer and to engage in the practice of athletic training.  In the granting of permission to engage in the profession of athletic training, and consistent with section 436B-2, the definition of "license" is inclusive of a registration issued under this chapter and, therefore, an athletic trainer who is registered under this chapter shall be regarded as an athletic trainer who holds a license to practice the profession of athletic training."

HATA strongly supports this bill. It is equitable to licensure but far less restrictive. Whereas licensure specifically spells out what an athletic trainer can and cannot do, this bill allows for more interpretation. As our profession changes we don’t have to go back to amend the law. It also does not delineate whom we can treat. It provides title protection, requires BOC certification and would be less costly to our members than licensure. Senator Baker had the language approved by  the DCCA professional licensing division and said that they would support it. The Senator feels this version of regulation has the best chance of passing this session.  This bill has been scheduled for a hearing on Thursday, Feb. 4th in room 229 at 9:00 a.m..

SB 2372. Also introduced by Senator Baker.  This bill waives the requirement of a Sunrise Analysis for new regulatory measure if certain conditions exist.  Condition could include: if the Auditor fails to do it, if the legislature has sufficient evidence that public harm exists, or immediate implementation is needed for public protection. This is a major change to current law and is a result of the shared frustration in how difficult it can be to get a Sunrise Analysis completed.  This is a very bold move on Senator Baker’s part. HATA support s this bill.  A hearing has been scheduled for Tues., Feb., 2nd in room 229 at 9:00 a.m..

SB 2095 and HB 1919 requires all schools public , private, college and universities to have a readily accessible AED and at least one staff member who is trained in CPR/AED to be present “whenever there are school-approved curricular or extracurricular activities and wherever school-sponsored athletic contests is held”.  HATA supports the intent of the bill, however, we have concerns with it’s funding and implementation.  As the public schools budgets have been cut to the bone already this will be another financial burden that schools have to find money for or take away from another area. There is also no specification on whom will be responsible for the maintenance and coordination of the AED’s, specifically with schools that practice off campus or have games at neutral fields. No hearing has been scheduled yet for this bill.

HATA will continue to work to attain favorable regulation for our profession.  If you have any questions or concerns please feel free to contact either of us.  We will keep you posted as the session unfolds.  If you would like to submit testimony please contact us and we can guide you through the process.

Respectfully submitted on behalf of the Governmental Affairs Committee,

Cindy Clivio, HATA Governmental Affairs Committee Chair

Darryl Funai, HATA President