Bill Text: HI SB2334 | 2012 | Regular Session | Introduced
Bill Title: Colon Hydrotherapy; Licensure
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to HTH/CPN, JDL. [SB2334 Detail]
Download: Hawaii-2012-SB2334-Introduced.html
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THE SENATE |
S.B. NO. |
2334 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COLON HYDROTHERAPY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COLON HYDROPTHERAPists AND COLON HYDROPTHERAPY ESTABLISHMENTS
§ -1 Definitions. As used in this chapter:
"Colon hydrotherapist" means a person who is licensed under this chapter to perform colon hydrotherapy in a licensed colon hydrotherapy establishment.
"Colon hydrotherapy" is a non-medical procedure that utilizes equipment that is approved by the Food and Drug Administration as a class II medical device to hydrate body waste in the bowel with water to soften and loosen the body waste and cause a reflux action to evacuate the body waste.
"Colon hydrotherapy establishment" means premises or part of a premises in which colon hydrotherapy is performed. "Recognized school of colon hydrotherapy" means an institution of learning that provides in-depth instruction in the theory, practice, application, and ethics of colon hydrotherapy and meets the requirements of this chapter.
§ -2 Colon hydrotherapist; licensure. (a) No person shall practice colon hydrotherapy without a colon hydrotherapist license issued by the board of colon hydrotherapy examiners; provided that:
(1) A colon hydrotherapist license shall not be required of a person who has practiced colon hydrotherapy continuously since May 1, 1993; and
(2) A colon hydrotherapy trainee license may be issued to any person that is a student in a recognized school of colon hydrotherapy as provided in this chapter.
A licensed colon hydrotherapist shall perform colon hydrotherapy only in a licensed colon hydrotherapy establishment.
(b) A colon hydrotherapist license shall be issued to an applicant who:
(1) Submits a certificate or diploma from a recognized school of colon hydrotherapy;
(2) Submits a transcript from that school documenting at least one hundred classroom hours and an hourly curriculum breakdown; and
(3) Passes a written examination that:
(A) Is prepared and conducted by the board of colon hydrotherapy examiners;
(B) Indicates the applicant's competency and ability to practice therapeutic colon hydrotherapy; and
(C) Requires the applicant to demonstrate basic knowledge of the subjects and methods of colon hydrotherapy.
(c) In the alternative to subsection (b), the applicant shall:
(1) Provide documentation of completion of sixty hours of classroom study in the subjects of anatomy and physiology of the alimentary tract from an established institution that offers a residential course of study or a transcript documenting no less than two semesters of college level anatomy and physiology courses with at passing grade of C or better; and
(2) Present a certificate or diploma, and a transcript documenting the completion of at least one hundred hours of a residential course of study in colon hydrotherapy instruction and supervised hydrotherapy practice from a state-licensed institution or established institution that is certified by the International Association of Colon Hydrotherapy;
(3) Provide written proof of interning experience with a minimum of twenty-five colon hydrotherapy clients, as documented by the institution, employer, private client receipts, or appointment calendar; and
(4) Pass a written examination that:
(A) Is prepared and conducted by the board of colon hydrotherapy examiners;
(B) Indicates the applicant's competency and ability to practice therapeutic colon hydrotherapy; and
(C) Requires the applicant to demonstrate basic knowledge of the subjects and methods of colon hydrotherapy.
(d) No license shall be issued under this section if the board of colon hydrotherapy examiners determines that the applicant exhibits baseness, vileness, or depravity in personal conduct so as to adversely affect one's honesty, integrity, or personal values.
§ -3 Colon hydrotherapist trainee; licensure. (a) A colon hydrotherapist trainee license may be issued to an applicant who:
(1) Submits written proof of current enrollment in a recognized school of colon hydrotherapy; and
(2) Has completed fifty hours or more of the required course of study in a recognized school of colon hydrotherapy.
(b) A colon hydrotherapist trainee license shall be valid for so long as the applicant is enrolled in a recognized school of colon hydrotherapy. Within sixty days following completion of the required course of study and submission of a certificate or diploma from a recognized school of colon hydrotherapy, the applicant shall be eligible to be examined by the board of colon hydrotherapy examiners.
§ ‑4 Colon hydrotherapy establishment; licensure. (a) No colon hydrotherapy establishment shall be operated without a colon hydrotherapy establishment license issued by the board of colon hydrotherapy examiners; provided that a colon hydrotherapy license shall not be required of an establishment that has operated continuously as a colon hydrotherapy establishment since May 1, 1993.
(b) As a prerequisite to licensure or renewal, the colon hydrotherapy establishment shall be approved by the department of health for sanitation purposes. A change of location of the colon hydrotherapy establishment shall require a new colon hydrotherapy establishment license. A colon hydrotherapy establishment license shall not be transferrable upon the sale of the premises or other transfer of ownership or lease of the premises to another person or entity.
(c) The premises of the colon hydrotherapy establishment shall be inspected by the board of colon hydrotherapy examiners as a prerequisite to issuance and renewal of a license, and at other times in the discretion of the board, to determine whether the premises are properly equipped as follows:
(1) A readable sign, made of durable material and not less than three inches by five inches, shall be permanently attached and posted at the main entrance identifying the premises as a colon hydrotherapy establishment;
(2) At least one artificial light of not less than twenty-five watts shall be located and operating in each room where and when a colon hydrotherapy is performed;
(3) Minimum ventilation shall be provided in accordance with the state building code;
(4) Proper equipment for disinfecting and sterilizing equipment for colon hydrotherapy shall be available on the premises; provided that it is preferred that all colon hydrotherapy establishments utilize single-use, disposable rectal nozzles or speculums;
(5) Hot and cold running water, tempered by means of a mixing valve faucet shall be provided;
(6) Closed containers shall be provided for the storage of clean linens;
(7) Adequate dressing and toilet facilities shall be provided for patrons; provided that the bathroom shall be within the confines of the establishment;
(8) One dressing room, which may be the same as the colon hydrotherapy room, one toilet, and one wash basin shall be provided in every colon hydrotherapy room;
(9) All walls, ceilings, floors, showers, bathtubs, steam rooms, and all other physical facilities within the colon hydrotherapy establishment shall be in good repair and maintained in a clean and sanitary condition;
(10) All wash basins within the colon hydrotherapy establishment shall have hot and cold running water, tempered by means of a mixing valve faucet;
(11) Sanitary towels shall be placed in permanently installed dispensers or upon a permanently attached roll dispenser;
(12) A soap dispenser shall be located on or near the wash basin;
(13) If a colon hydrotherapy establishment is located in a residence:
(A) There shall be no more than one room separated from the residence in which colon hydrotherapy is conducted;
(B) The colon hydrotherapy room shall be equipped with a toilet and wash basin located on the same floor as the room in which colon hydrotherapy is conducted; provided that non-residential plumbing fixtures shall not be required;
(C) The colon hydrotherapy room shall be separated from the residence by complete partitioning and solid, self-closing doors, which shall not include raised panel doors;
(D) Adequate parking shall be available with space for no less than two motor vehicles; and
(E) The colon hydrotherapy establishment shall be accessible by a separate door with an outside entry;
(14) Cabinets, toilets, and wash basins shall be thoroughly cleaned each day after colon hydrotherapy procedures are conducted;
(15) Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each colon hydrotherapy procedure is conducted; and
(16) Clean and sanitary materials, including sheets and towels, shall be provided for each person undergoing a colon hydrotherapy procedure.
§ -5 Board of colon hydrotherapy examiners. (a) There is established a board of colon hydrotherapy examiners for purposes of this chapter. The board of colon hydrotherapy examiners shall consist of five practicing colon hydrotherapists who shall have been licensed in this State for a period of not less than two years. Board members shall serve a term of four years and shall be appointed by the governor in accordance with section 26-34; provided that the appointment of initial members shall be staggered as provided in section 26-34.
(b) The board of colon hydrotherapy examiners shall adopt rules pursuant to chapter 91 to issue, renew, suspend, revoke, discipline, and assess fees for colon hydrotherapist licenses and renewals and for colon hydrotherapy establishment licenses and renewals, and shall adopt other rules as may be necessary to effectuate the purposes of this chapter.
(c) The board of colon hydrotherapy examiners may inspect the premises, books, and records of a colon hydrotherapy establishment to ascertain compliance with this chapter.
§ -6 Application for licenses. (a) An application for a colon hydrotherapist license or a colon hydrotherapy establishment license shall be made to the board of colon hydrotherapy examiners. The application for each license shall be a separate submission. The application for either license shall include the following information:
(1) The full legal name and current residence address of the applicant;
(2) Any other name by which the applicant has been known during the previous five years;
(3) The address at which the applicant desires to do business;
(4) The two residence addresses immediately prior to the present address of each applicant, and the dates of residence at each;
(5) Personally written letters of character reference from three adults who are not related to and who have known the applicant for three years or more, including addresses and telephone numbers of the references;
(6) Written proof that the applicant is over the age of twenty-one years if applying for a colon hydrotherapy establishment license, or over the age of eighteen years if applying for a colon hydrotherapy license;
(7) Proof of identification of the applicant, consisting of one of the following:
(A) A valid picture driver's license issued by any state;
(B) A valid armed forces identification card; or
(C) A valid passport issued by a government that contains a photograph of the applicant and the date of birth of the applicant;
(8) The applicant's height, weight, and hair and eye color;
(9) Two passport-size portrait photographs, approximately two inches by two inches in size, taken within the previous six months;
(9) The business, occupation, or employment history of the applicant during the previous five years;
(10) The business license history of the applicant, including whether the applicant, while previously operating in this State under license, has had that license revoked or suspended and the reason for the revocation or suspension, and the business activity or occupation subsequent to each suspension or revocation;
(11) All felony and misdemeanor convictions, excluding those for civil traffic offenses, and the grounds for each conviction;
(12) A certificate from a health care provider stating that the applicant has been examined and found to be free of any contagious or communicable disease within thirty days immediately prior to the date of the certificate;
(13) The applicant's education, training, and experience in the administration and practice of colon hydrotherapy; and
(14) A diploma or certificate and an official transcript from a recognized school of colon hydrotherapy or the International Association for Colon Hydrotherapy.
(b) The board of colon hydrotherapy examiners may require additional information from the applicant and may conduct its own investigation of the applicant to verify the information under subsection (a).
§ -7 Examination of applicant for a colon hydrotherapist license. Upon passage of a written examination, as determined by the board of colon hydrotherapy examiners, the board of colon hydrotherapy examiners shall issue a colon hydrotherapist license to the applicant.
§ -8 Recognized school of colon hydrotherapy. A recognized school of colon hydrotherapy shall:
(1) Be approved by the International Association of Colon Hydrotherapy, if the school is located outside of this State, or by the department of education as trade or vocational education, if the school is located in this State;
(2) Offer a residential course of study of not less than one hundred and twenty-five hours of instruction comprised of not less than one hundred hours of classroom instruction and twenty-five hours of internship; and
(3) Issue a diploma or certificate and an official transcript to each participant who successfully completes a course of study in colon hydrotherapy.
§ -9 Reporting requirements of a recognized school of colon hydrotherapy. A recognized school of colon hydrotherapy shall report to the board of colon hydrotherapy examiners a list of students:
(1) Receiving a certificate or diploma from the school within ten days of granting a certificate or diploma; and
(2) Terminated from the school within ten days of the termination.
§ -10 Criminal record as grounds for denial of license. (a) No colon hydrotherapy license shall be issued or renewed to any person who has been convicted within the immediately preceding five years of a criminal offense:
(1) Involving moral turpitude under the laws of this State;
(2) Under part IV of chapter 712; or
(3) Under the laws of another jurisdiction that would be the substantial equivalent of paragraphs (1) or (2).
(b) For purposes of this section, the department of commerce and consumer affairs may obtain criminal history record information through the Hawaii criminal justice data center in accordance with section 846-2.7.
§ -11 Display of licenses. The license of a licensed colon hydrotherapist shall be displayed conspicuously on the premises of a licensed colon hydrotherapy establishment. A recent photograph of the licensed colon hydrotherapist shall be attached to the license.
§ -12 Prohibited conduct; penalty. (a) It shall be unlawful for any person or entity to conduct colon hydrotherapy on any premises in which:
(1) Alcohol is served; provided that this paragraph shall not apply to colon hydrotherapy conducted by a nonprofit entity, health spa, or resort; or
(2) An adult book store, a motion picture theater, or an adult entertainment enterprise is operated.
(b) No person shall perform colon hydrotherapy, whether for a fee or gratuitously:
(1) In any manner or under any circumstance that is intended to arouse, appeal to, or gratify sexual desires;
(2) Upon a person who is not draped with a sheet or towel to cover the genital area; or
(3) While attired in clothing that does not reflect the generally prevailing standard of the colon hydrotherapy profession in this State.
(c) No licensed colon hydrotherapist shall prescribe any medicines or controlled substances, unless the colon hydrotherapist is duly licensed in this State to prescribe medicines or controlled substances.
(d) A licensed colon hydrotherapist shall not conduct procedures outside the scope of colon hydrotherapy.
(e) A violation of this section shall constitute a misdemeanor.
§ -13 License sanctions; disciplinary action; proceedings. Licensing sanctions for violation of this chapter shall be in accordance with chapter 436B.
Proceedings to revoke or suspend a license shall be in accordance with contested case hearings under chapter 91.
§ -14 Exemptions. (a) This chapter shall not apply to:
(1) Persons authorized by the laws of this State to practice medicine, osteopathy, chiropractic, naturopathy, or podiatry; or
(2) Registered nurses or licensed practical nurses when acting under the supervision of a licensed physician, naturopath, osteopath, chiropractor, or podiatrist;
(b) The exemptions under subsection (a) shall apply only to the extent that colon hydrotherapy is a legitimate adjunct in any particular case to the practice of medicine, osteopathy, chiropractic, naturopathy, or podiatry.
§ -15 Advertising restrictions. (a) No person shall advertise or otherwise represent themselves to the public to be a colon hydrotherapist or to practice colon hydrotherapy unless that person is licensed under this chapter.
(b) Violation of this section shall constitute a misdemeanor."
SECTION 2. This Act shall take effect on July 1, 2013.
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INTRODUCED BY: |
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Report Title:
Colon Hydrotherapy; Licensure
Description:
Establishes licensure for colon hydrotherapists and colon hydrotherapy establishments.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
