Bill Text: HI HB2091 | 2014 | Regular Session | Introduced

Hawaii House Bill 2091 (Prior Session Legislation)

HI State Legislature page for HB2091

Introduced

Bill Title: Herbal Therapy Licensing

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-21 - Referred to CPC, referral sheet 3 [HB2091 Detail]

Download: Hawaii-2014-HB2091-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2091
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to herbal therapy licensing.

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

SECTION 1. The legislature finds that herbal therapists are persons with knowledge, skills, and experience in the direct personal health care of individuals based on herbal practices, including the utilization of herbal formulas to improve health and wellness. Herbal therapists gain knowledge, skills, and experience by associating with a recognized practitioner and instructor, and through accredited university or certificate programs. The legislature also finds that the practice of herbal therapy does not replace existing forms of healing but is intended to be a complementary and alternative source of therapy to Western medicine.

The objectives of herbal therapists are to promote the practice of herbal therapy in the State to accommodate Hawaii's growing demand for alternative sources of medicine and to address residents' deteriorating health. The legislature further finds that the practice of herbal therapy is a method for improving the health and wellness of individuals and for treatment of illness and as such affects the public health, safety, and welfare. Therefore it is in the public interest that individuals practicing herbal therapy are subject to meeting certain standards and regulations.

The legislature notes that this measure is not intended to prevent health care professionals who already utilize herbs in their practice from doing so in the future. Rather, the legislature finds that representing oneself as a health care professional and an herbal therapist requires standards. Act 162, Session Laws of Hawaii 1998, as amended, addresses the practice of traditional Native Hawaiian healers and focuses on the health needs of the Native Hawaiian population. However, the purpose of this Act is to establish licensing requirements for contemporary herbal healers from all ancestries and for the benefit of the whole population. These licensing requirements shall apply to any person who practices, offers to practice, or advertises the practice of herbal therapy, except those covered under Act 162 (1998). This protects the public and the practitioners, as well as recognizes the validity of herbal therapy and the importance of our natural plant resources and knowledge base.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

herbal therapists

§ -1 Definitions. As used in this chapter:

"Applicant" means an applicant for a license under this chapter.

"Board" means the board of herbal therapy.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Herbal therapist" means a person with knowledge, skills, and experience in the direct personal health care of individuals based on herbal practices, including the utilization of herbal formulas to improve health and wellness, and who has met the standards and requirements pursuant to a license issued under this chapter.

§ -2 Licensure required. Except as otherwise provided by law, a person who practices, offers to practice, or advertises the practice of herbal therapy in the State either gratuitously or for pay shall be required to have a valid license through the board or through a specialized practice such as naturopathic medicine or traditional Chinese medicine.

§ -3 Exemptions. This chapter shall not apply to traditional Hawaiian healers engaged in traditional Native Hawaiian healing practices; provided that a traditional Hawaiian healer practitioner shall not state, advertise, or publicly or privately represent that the traditional Hawaiian healer holds a license under this chapter.

§ -4 Examination by the board. In order to be licensed under this chapter to practice herbal therapy an applicant must pass an examination and have the necessary qualifications as prescribed by this chapter and by the rules adopted by the Board.

§ -5 Board of herbal therapy. There shall be a board of herbal therapy, which shall consist of five members appointed by the governor from a list of people selected by the community of herbal educators and practitioners. Of these persons, three shall be educators in the field of herbal therapy, and two shall be herbal therapist practitioners licensed pursuant to this chapter; provided that, for two years after enactment of this chapter, practitioners selected for the board shall not be required to hold a license pursuant to this chapter.

§ -6 Powers and duties of the board. In addition to any powers and duties authorized by law, the board shall:

(1) Develop standards for licensure;

(2) Define the scope of practice;

(3) Adopt, amend, or repeal rules in accordance with chapter 91 to carry out the purposes of this chapter, including a code of ethics;

(4) Establish exam qualification requirements, adapted appropriately from already established procedures, requirements, and protocol such as those of the board of massage therapy licensing, which covers aspects of study including curriculum; length of apprenticeship under a recognized teacher, practitioner, or mentor; degree or certification; hours of practice; and documentation of study and practice and research;

(5) Prepare, administer, and grade examinations; provided that the board may contract with a testing agency to provide those services;

(6) Examine and approve the qualifications of all applicants under this chapter and issue, or renew, a license to each successful applicant granting permission to use the title of "licensed herbal therapist" or "herbal therapist" in this State pursuant to this chapter and the rules adopted pursuant to this chapter;

(7) Maintain a publicly accessible registry of licensees licensed pursuant to this chapter;

(8) Suspend and revoke licenses;

(9) Discipline a licensed herbal therapist for any cause described by this chapter or for any violation of the rules, and refuse to license a person for failure to meet licensure requirements for any cause that would be grounds for disciplining a licensed herbal therapist;

(10) Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;

(11) Establish fees and fines necessary to administer this chapter;

(12) Request coverage by health insurance as with other complementary and alternative medicine such as acupuncture, massage therapy, chiropractic, and naturopathic methods;

(13) Establish paths for the practitioner to be covered by malpractice insurance;

(14) Promote current dialogue and research, and maintain a basic plant list that includes plant identification, use, preparation, collection, and treatment method;

(15) Work with appropriate agencies to protect ancestral herbal knowledge and natural resources;

(16) Maintain a record of its proceedings; and

(17) Do all things necessary to carry out the functions, powers, and duties set forth in this chapter.

§ -7 Renewal of license. (a) Every license issued under this chapter shall be renewed triennially on or before June 30, with the first renewal deadline occurring on June 30, 2017. Failure to renew a license shall result in a forfeiture of the license. Licenses that have been so forfeited may be restored within one year of the expiration date upon payment of renewal and penalty fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and relicensure may require the person to apply as a new applicant and satisfy all licensure requirements again.

(b) Upon request, the director may grant inactive status to a person licensed under this chapter.

§ -8 Prohibited acts; penalties. (a) No person shall:

(1) Use in connection with the person's name any designation tending to imply that the person is a licensed herbal therapist unless the person is duly licensed and authorized under this chapter; or

(2) Represent oneself as a licensed herbal therapist during the time the person's license issued under this chapter is forfeited, inactive, terminated, suspended, or revoked.

(b) Any person who violates this section shall be subject to a fine of not more than $1,000, and each day's violation shall be deemed a separate offense."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Herbal Therapy Licensing

Description:

Creates a new chapter setting forth requirements for herbal therapy licensure.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.