CLEAR

Washington: sunrise review on speech language pathology assistants

The Washington State Department of Health has published a draft Speech Language Pathology Assistant Sunrise Review. The findings include that there is a growing shortage of speech-language pathologists and that 35 states now regulate speech-language pathology assistants or other support personnel. The recommendation is for regulation of speech language pathology assistants, but by certification, rather than the requested licensure.

Washington: sunrise review on colon hydrotherapists

The Washington State Department of Health has published a draft Colon Hydrotherapist Sunrise Review. The applicant was the International Association for Colon Hydrotherapy, which requested that colon hydrotherapists be recognized as a new profession and practitioners permitted to practice independently. The review says that no state licenses colon hydrotherapists, although Florida permits licensed massage therapists to obtain certification in colonic irrigation. Under current Washington law, colon hydrotherapy is within the scope of practice for naturopaths, physicians, and osteopathic physicians. The finding is that the public is already protected by current state laws and further, that to introduce regulation of  a single medical procedure would be inefficient and not cost-effective.

West Virginia: recommendation against regulation of athletic trainers

The legislative auditor says that the cost of licensing athletic trainers would exceed the proposed program's benefit to the public. The report provides information on the 46 states that have some form of athletic trainer oversight. Read the report.

Colorado: sunrise report on naturopathic physicians

2008 Sunrise Review: Naturopathic Physicians is the fourth response since 1993 to applications submitted by the Colorado Association of Naturopathic Physicians. It is the third time that regulation is being recommended to the legislature. The report acknowledges that controversy surrounds this profession, but points out that the public is being demonstrably harmed by some individuals using the title naturopath. Protecting the public from such harm, not determining whether a practice actually works, is the only appropriate standard for regulation. The report provides detailed information on oversight in the fifteen states and the District of Columbia which currently regulate naturopaths. Read the report.

Colorado: sunrise report on qualified intermediaries

2008 Sunrise Review: Qualified Intermediaries first defines the profession: a "Qualified Intermediary (QI) (also known as an Exchange Facilitator) is a neutral third party who assists a property owner in deferring capital gains tax, to be paid to the Internal Revenue Service (IRS), by holding the sale proceeds of an investment property, then transferring the funds for the purchase of a new investment property." The report concludes that evidence of harm to the public did not result from lack of education of QI practitioners, but from theft or inappropriate investment of client funds. The recommendation to the legislature is for the establishment of a QI registration program and for additional requirements such as bonding, dual signatures for transferring funds, and criminal background checks. Nevada is the only state that currently regulates QIs, but it has not yet begun issuing licenses. Read the report.

Colorado: sunrise report on funeral service practitioners

Colorado is the only state without direct regulation of funeral service practitioners. In 1983, its 70-year-old licensing board was abolished and the Colorado Funeral Directors Association continues to file application for its reinstatement. Today, the state's Office of Policy, Research and Regulatory Reform released a sunrise report on Funeral Practitioners. It finds that if existing federal, state and local regulation of the four practice areas involved (Funeral Directors, Embalmers, Cremationists, and Mortuary Science Practitioners) were properly used, the public is already sufficiently protected from harm. It recommends requiring a Funeral Director at each funeral establishment to register with the Division of Registrations and each establishment to provide consumers with contact information for formal complaints. Read the report.

West Virginia: elevator workers should be licensed

A recent sunrise report recommends that the West Virginia legislature should consider licensing elevator workers. The occupational duties are defined as assembling, installing and replacing elevators, escalators, dumbwaiters, moving walkways and similar equipment in new and old buildings. Currently, West Virginia licenses only elevator inspectors. The report says that 25 states license elevator workers, most frequently through their Departments of Labor. Read the report.

Colorado: sunrise recommendation against regulating massage therapists

The Office of Policy, Research and Regulatory Reform recommends against the state regulation of massage therapists. Its report concludes that "with respect to massage therapists, the harm caused is not a result of incompetence; it is the result of inherently criminal activity. Therefore, there is presently no basis for regulation at any level." A table details training hours, examination(s) accepted, criminal history background check method, and level of regulation in the 38 states with statutes regulating massage therapists. Read the report.

Washington: sunrise reviews underway

The Washington State Department of Health has issued notice of two sunrise reviews, one on speech-language pathologist assistants, the other on colon hydrotherapists. Public comment is currently being solicited and evaluated. Read the letters requesting sunrise review, the draft bills, and the applicant reports on the Health Sunrise Review Page.

Colorado: Interpreters for the Deaf

Interpreters for the Deaf, a 2006 sunrise report of The Colorado Office of Policy, Research and Regulatory Reform, points out that the Americans With Disabilities (ADA) Act mandates using qualified interpreters in places of public accommodation. Colorado does regulate interpreters for the deaf in both legal and educational (K-12) settings. The Colorado Association for the Deaf, which submitted the sunrise application, provided examples of harm from the use of unregulated interpreters in other settings.  Despite this, the report concludes that "the harm that has been identified through research as well as an analysis of the submissions of harm by interested stakeholders cannot be definitively attributed to interpreters, regardless of their competency levels. As a result, regulation is not justified."

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