REPORT TITLE:
Professional counselors


DESCRIPTION:
Creates a certification program for professional counselors.
(SB2459 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2459
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PROFESSIONAL COUNSELORS.



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

 1      SECTION 1.  The legislature finds that the profession of
 
 2 counseling is critical today as people are having many more
 
 3 problems as they are confronted with intensified violence and
 
 4 increased substance abuse.  In general, people who seek
 
 5 counseling are vulnerable and need protection from unskilled,
 
 6 untrained, and ill-prepared individuals.  At present, master's
 
 7 level counselors are unregulated in the State, and there are no
 
 8 special safeguards in place to assure consumers of the quality of
 
 9 service they are receiving.  Being in a vulnerable state, persons
 
10 who receive counseling services that may revictimize them or, in
 
11 other ways, harm them, are unlikely to share this with anyone.
 
12 Those that are revictimized are not empowered to come forward.
 
13 To do so would entail shame and further aggravate the situation.
 
14 Those few who may wish to make a formal complaint often do not
 
15 know where to go, as they would not be likely to receive a client
 
16 grievance procedure from their mental health practitioner.
 
17      Not many people in such a situation have even heard of, or
 
18 would think of approaching, the regulated industry complaints
 
19 office of the department of commerce and consumer affairs.  The
 

 
Page 2                                                     2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1 department of commerce and consumer affairs has concluded that
 
 2 since counselors are not regulated by certification, the
 
 3 department cannot offer consumer protection in these situations.
 
 4      The Felix v. Cayetano consent decree demands substantial
 
 5 improvement in the children's mental health delivery system in
 
 6 Hawaii.  A key component of the decree is the inclusion of basic
 
 7 mental health and case management services.  These are areas
 
 8 requiring trained and qualified professional counselors.
 
 9 Presently, a lack of qualified mental health professionals costs
 
10 Hawaii thousands of dollars in transportation costs when
 
11 qualified professional counselors already residing on the
 
12 neighbor islands could provide services at a lesser cost and with
 
13 more community awareness.  Lack of regulation of professional
 
14 counselors prevents the citizens of Hawaii from the choice of
 
15 mental health practitioners if they use their medical insurance
 
16 plans to cover the cost of medically necessary counseling
 
17 services.  It also prevents the State, nonprofit agencies, and
 
18 providers from seeking third-party reimbursement from insurance
 
19 plans when a professional counselor provides counseling services.
 
20      There is approximately a thirty per cent savings in
 
21 reimbursement rates to professional counselors compared to the
 
22 reimbursement rates to licensed psychologists for comparable
 
23 counseling services.  At the same time, professional counselors
 

 
Page 3                                                     2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1 generally require fewer sessions.  It makes good economic sense
 
 2 for the State, and demonstrates a compassionate concern for the
 
 3 mental health needs of Hawaii's citizens, to regulate
 
 4 professional counselors.
 
 5      In 1998, Congress passed legislation to include professional
 
 6 counselors in the U.S. Public Health Service Act programs.  The
 
 7 federal government now recognizes professional counseling as one
 
 8 of the core helping professions, along with psychiatry,
 
 9 psychology, psychiatric nursing, social work, and marriage and
 
10 family therapy.
 
11      Both public and private universities in Hawaii have
 
12 established programs to train professional counselors in the area
 
13 of mental health.  Because of the lack of regulation of this
 
14 profession, these institutions are unable to ensure the
 
15 employment of Hawaii's graduates of these programs once they are
 
16 trained in the State.
 
17      There are at least five hundred fifty counselors in the
 
18 State who would be eligible for certification.  There are
 
19 nationally established criteria for the education, training, and
 
20 practice of counselors.  However, there is no regulation of
 
21 professional counselors even though in Hawaii, they are employed
 
22 in the public, nonprofit, private, and for-profit private
 
23 sectors.  
 

 
Page 4                                                     2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      Individuals, insurers, employers, and other consumers of
 
 2 service cannot be assured of the credentials of any person
 
 3 professing to be a counselor.  Certification is sorely needed to
 
 4 assure quality service.
 
 5      The purpose of this Act is to:
 
 6      (1)  Set standards of qualifications regarding education and
 
 7           experience; and
 
 8      (2)  Require certification for those persons who seek to
 
 9           represent themselves to the public as certified
 
10           professional counselors.
 
11      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
12 a new chapter to be appropriately designated and to read as
 
13 follows:
 
14                           "CHAPTER  
 
15                      PROFESSIONAL COUNSELORS
 
16      § -1 Definitions.  As used in this chapter, unless the
 
17 context clearly requires:
 
18      "Accredited institution" means a university or college
 
19 accredited by a nationally recognized accrediting agency of
 
20 institutions of higher education.
 
21      "Advertise" means the issuing of or causing to be
 
22 distributed any card, sign, or device to any person, or the
 

 
 
 
Page 5                                                     2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1 causing, permitting, or allowing of any sign or marking on or in
 
 2 any building, on radio or television, or by using any other means
 
 3 designed to secure public attention.
 
 4      "Appraisal" means the use of nonstandardized methods and
 
 5 techniques, such as observation and interviewing, for
 
 6 understanding human behavior in relation to coping with, adapting
 
 7 to, or changing life situations of a physical, mental, or
 
 8 emotional nature.
 
 9      "Assessment" means selecting, administering, scoring, and
 
10 interpreting instruments designed to assess an individual's
 
11 aptitudes, attitudes, abilities, achievements, interests,
 
12 personal characteristics, and current emotional or mental state
 
13 by appropriately educated, trained, and experienced clinicians.
 
14      "Certified professional counselor" means a person who uses
 
15 the title of certified professional counselor or professional
 
16 counselor, who has been issued a certificate under this chapter,
 
17 and whose certificate is in effect and not revoked or suspended.
 
18      "Clinical supervision" is supervision applied to all
 
19 individuals who are gaining the experience required for
 
20 certification as a professional counselor.  Clinical supervision
 
21 requires extensive involvement on the part of the supervisor to
 
22 help the supervisee improve and learn new professional counseling
 
23 skills.  It includes but is not limited to:
 

 
Page 6                                                     2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      (1)  Case consultation of the assessment and of the
 
 2           presenting problem;
 
 3      (2)  Development and implementation of treatment plans;
 
 4      (3)  Enhancement of the supervisee's counseling techniques
 
 5           and evaluation of the course of treatment; and
 
 6      (4)  Evaluation of the course of treatment.
 
 7      "Clinical supervisor" includes licensed psychiatrists,
 
 8 psychologists, professional counselors, social workers, and
 
 9 marriage and family therapists with at least two years of post-
 
10 graduate experience.
 
11      "Consulting" means the application of scientific principles
 
12 and procedures in psychotherapeutic counseling, guidance, and
 
13 human development to provide assistance in understanding and
 
14 solving a problem that the consultee may have in relation to a
 
15 third party.
 
16      "Counseling treatment interventions" means the application
 
17 of cognitive, affective, behavioral, and systemic counseling
 
18 strategies that include principles of development, wellness, and
 
19 pathology that reflect a pluralistic society.  Counseling
 
20 treatment interventions are specifically implemented in the
 
21 context of a professional counseling relationship.
 
22      "Department" means the department of commerce and consumer
 
23 affairs.
 

 
Page 7                                                     2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      "Director" means the director of commerce and consumer
 
 2 affairs.
 
 3      "Professional counseling" means the application of mental
 
 4 health, psychological, and human development principles to:
 
 5      (1)  Facilitate human development and adjustment throughout
 
 6           the lifespan;
 
 7      (2)  Prevent, appraise, and treat mental, emotional, or
 
 8           behavioral disorders and associated distresses that
 
 9           interfere with mental health;
 
10      (3)  Conduct appraisals and assessments for the purpose of
 
11           establishing treatment goals and objectives; and
 
12      (4)  Plan, implement, and evaluate treatment plans using
 
13           counseling treatment interventions.
 
14      The practice of professional counseling includes but is not
 
15 limited to:
 
16      (1)  Individual and group counseling;
 
17      (2)  Assessment and appraisal of persons with mental and
 
18           emotional disorders using adjunctive resources and
 
19           consultations;
 
20      (3)  Plan treatment and counsel persons with mental and
 
21           emotional disorders using adjunctive resources and
 
22           consultants;
 
23      (4)  Crisis intervention;
 

 
Page 8                                                     2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      (5)  Consulting;
 
 2      (6)  Research; and
 
 3      (7)  Referral.
 
 4      The use of specific methods, techniques, or modalities
 
 5 within the practice of professional counseling is restricted to
 
 6 professional counselors appropriately trained in the use of such
 
 7 methods, techniques, and modalities.
 
 8      "Professional counselor" as used in this chapter means a
 
 9 mental health counselor. 
 
10      "Referral" means the evaluation of information to identify
 
11 the needs of the person being counseled to:
 
12      (1)  Determine the advisability of sending the person being
 
13           counseled to other specialists;
 
14      (2)  Inform the person being counseled of such judgment; and
 
15      (3)  Communicate the information to other counseling
 
16           services as deemed appropriate.
 
17      "Use a title or description of" means to hold oneself out to
 
18 the public as having a particular status by stating the status on
 
19 signs, mailboxes, address plates, stationery, announcements,
 
20 telephone directory advertising, business cards, or other
 
21 instruments of professional identification.
 
22      §   -2  Professional counselors certification program.
 
23 There is established a professional counselors certification
 
24 program within the department to be administered by the director.
 

 
Page 9                                                     2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      §   -3 Powers and duties of the director.  In addition to
 
 2 any other powers and duties authorized by law, the director shall
 
 3 have the following powers and duties:
 
 4      (1)  Grant permission to a person to use the title or
 
 5           description of certified professional counselor in this
 
 6           State pursuant to this chapter and the rules adopted
 
 7           pursuant thereto;
 
 8      (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as
 
 9           the director finds necessary to carry out the
 
10           provisions of this chapter;
 
11      (3)  Administer, coordinate, and enforce this chapter and
 
12           rules adopted pursuant thereto;
 
13      (4)  Discipline a certified professional counselor for any
 
14           cause described by this chapter or for any violation of
 
15           the rules, or refuse to certify a person for failure to
 
16           meet certification requirements or for grounds for
 
17           disciplining a certified professional counselor; and
 
18      (5)  Appoint an advisory committee consisting of certified
 
19           professional counselors and members of the public, or
 
20           as determined by the director, to assist with the
 
21           implementation of this chapter and the rules adopted
 
22           pursuant thereto; provided that the initial members of
 
23           the committee who are professional counselors shall not
 
24           be required to be certified pursuant to this chapter.
 

 
Page 10                                                    2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      §   -4 Fees; disposition.(a)  Application, examination,
 
 2 reexamination, certification, renewal, restoration, penalty, and
 
 3 any other fee relating to administration of this chapter, none of
 
 4 which are refundable, shall be as provided in rules adopted by
 
 5 the director pursuant to chapter 91.
 
 6      (b)  Fees assessed shall defray costs incurred by the
 
 7 director to support the operation of the professional counselor
 
 8 certification program.  Fees collected shall be managed in
 
 9 accordance with section 26-9(l).
 
10      §   -5 Prohibited acts.  Except as specifically provided in
 
11 this chapter, no person shall use the title or describe oneself
 
12 as a certified professional counselor or professional counselor
 
13 without first having secured a certification under this chapter.
 
14 The department shall investigate and prosecute any individual
 
15 using the title or description of certified professional
 
16 counselor or professional counselor without the proper
 
17 certification as a professional counselor.  Any person who
 
18 violates this section shall be subject to a fine of not more than
 
19 $1,000.  Each day's violation shall be deemed a separate offense.
 
20 Any action taken to impose or collect the fine imposed under this
 
21 section shall be a civil action.
 
22      §   -6 Exemptions.(a)  Certification shall not be
 
23 required of:
 

 
Page 11                                                    2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      (1)  A person doing work within the scope of practice or
 
 2           duties of the person's profession that overlaps with
 
 3           the practice of professional counseling (for example,
 
 4           the clergy); provided the person does not purport to be
 
 5           a professional counselor;
 
 6      (2)  Any full-time student enrolled in a regionally
 
 7           accredited educational institution in a recognized
 
 8           program of study leading toward attainment of a
 
 9           graduate degree in professional counseling or other
 
10           professional field; provided that the student's
 
11           activities and services are part of a prescribed course
 
12           of study supervised by the educational institution and
 
13           the student is identified by an appropriate title
 
14           including but not limited to "professional counseling
 
15           student" or "trainee", "clinical psychology student" or
 
16           "trainee", "clinical social work student" or "trainee",
 
17           "marriage and family counseling student" or "trainee",
 
18           or any title that clearly indicates training status; or
 
19      (3)  Any individual who uses the title "counselor intern"
 
20           for the purpose of obtaining clinical experience in
 
21           accordance with section    -7(a)(3).
 

 
 
 
 
 
Page 12                                                    2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      (b)  Nothing in this chapter shall be construed to prevent
 
 2 qualified members of other licensed professions as defined by any
 
 3 law or rule of the department, including but not limited to
 
 4 social workers, registered nurses, psychologists, marriage and
 
 5 family therapists, or physicians, from doing or advertising that
 
 6 they assist or treat individuals, couples, or families consistent
 
 7 with the accepted standards of their respective licensed
 
 8 professions; provided that no such persons shall use a title or
 
 9 description stating or implying that they are a certified
 
10 professional counselor.
 
11      §   -7 Application for certification as a professional
 
12 counselor.(a)  Any person who applies to the department after
 
13 July 1, 2001, shall be issued a certification by the department
 
14 if the applicant provides satisfactory evidence to the department
 
15 that the applicant is qualified to be certified pursuant to the
 
16 requirements of this chapter and meets the following
 
17 qualifications:
 
18      (1)  Has a master's degree or doctoral degree from a
 
19           regionally-accredited institution in counseling or in
 
20           an allied field related to the practice of professional
 
21           counseling that includes or is supplemented by graduate
 
22           level course work comprising a minimum of forty-eight
 
23           semester or seventy-two quarter hours in the following
 
24           course areas:
 

 
Page 13                                                    2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1           (A)  Human growth and development ___________;
 
 2           (B)  Social and cultural foundations __________;
 
 3           (C)  Counseling theories and applications __________;
 
 4           (D)  Group theory and practice __________;
 
 5           (E)  Career and lifestyle development __________;
 
 6           (F)  Appraisal of human behavior __________;
 
 7           (G)  Tests and measurements __________;
 
 8           (H)  Research and program evaluation __________; and
 
 9           (I)  Professional orientation and ethics__________.
 
10      (2)  Has at least two academic terms of practicum experience
 
11           in a counseling setting with three hundred hours of
 
12           supervised client contact;
 
13      (3)  Completes three thousand hours of post-graduate direct
 
14           counseling work with six hundred hours of clinical
 
15           supervision within a period of ________ years; and
 
16      (4)  Passed the national board for certified counselors
 
17           examination.
 
18      §   -8 Examination.  (a)  The department shall conduct a
 
19 certification examination of applicants at least once a year at a
 
20 time and place designated by the department.
 
21      (b)  The department shall administer the national board for
 
22 certified counselors examination in compliance with the
 
23 regulatory board's standards.
 

 
Page 14                                                    2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      (c)  An applicant shall be held to have passed an
 
 2 examination by obtaining a passing score as determined by the
 
 3 director.
 
 4      §   -9 Certification fees.  Certification shall be valid
 
 5 for three years and shall be renewed triennially, with the
 
 6 renewal fee being determined by the department.  Any applicant
 
 7 for renewal of a certification that has expired within one year
 
 8 of the renewal deadline shall be required to pay a restoration
 
 9 fee in addition to all renewal fees determined by the department.
 
10      §   -10  Renewal of certification.  Certifications shall be
 
11 renewed triennially not earlier than ninety days before June 30,
 
12 with the first renewal deadline occurring on June 30, 2004.
 
13 Failure to renew a certification shall result in a forfeiture of
 
14 the certificate.  Certificates that have been so forfeited may be
 
15 restored within one year of the expiration date upon payment of
 
16 renewal and restoration fees.  Failure to restore a forfeited
 
17 certification within one year of the date of its expiration shall
 
18 result in the automatic termination of the certificate and the
 
19 person may be required to reapply for certification as a new
 
20 applicant.
 
21      §   -11  Denial, revocation, or suspension of certification.
 
22 (a)  The department shall deny, revoke, condition, or suspend
 
23 certification granted pursuant to this chapter on the following
 
24 grounds:
 

 
Page 15                                                    2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      (1)  Conviction by a court of competent jurisdiction of a
 
 2           crime that the department has determined to be of such
 
 3           nature as to render the person convicted unfit to
 
 4           practice professional counseling;
 
 5      (2)  Failure to report in writing to the director any
 
 6           disciplinary decision related to the provision of
 
 7           mental health services issued against the certified
 
 8           professional counselor or the applicant in another
 
 9           jurisdiction within thirty days of the disciplinary
 
10           decision or within thirty days of certification;
 
11      (3)  Violation of recognized ethical standards for
 
12           professional counselors as set by the discipline's
 
13           association;
 
14      (4)  Fraud or misrepresentation in obtaining certification;
 
15      (5)  Revocation, suspension, or other disciplinary action by
 
16           another state or federal agency against a certified
 
17           professional counselor or applicant for any reason
 
18           provided by this section; or
 
19      (6)  Other just and sufficient cause which renders a person
 
20           unfit to practice professional counseling.
 
21      (b)  Any certified professional counselor who violates this
 
22 section may also be fined not more than $1,000 per violation.
 

 
 
 
Page 16                                                    2459
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        

 
 1      SECTION 3.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $43,000 or so much
 
 3 thereof as may be necessary for fiscal year 2000-2001 to
 
 4 implement the professional counselor certification program
 
 5 established by this Act.
 
 6      The sum shall be expended by the department of commerce and
 
 7 consumer affairs for the purpose of this Act.  
 
 8      The director of commerce and consumer affairs may appoint an
 
 9 administrative assistant and secretary, without regard to
 
10 chapters 76 and 77, Hawaii Revised Statutes, to assist with the
 
11 activities of the counselors certification program.
 
12      SECTION 4.  This Act shall take effect on July 1, 2001.