STAND. COM. REP. NO. 3079

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2485
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred H.B. No. 2485, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO EXEMPTIONS FOR PSYCHOLOGIST
     LICENSURE,"

begs leave to report as follows:

     The purpose of this measure is to allow licensed
professionals other than psychologists to render services within
their authorized scopes of practice without running afoul of the
psychology licensing law.

     Testimony on the measure was submitted by the Board of
Psychology, Hawaii Medical Association, National Association for
Social Workers, Hawaii Nurses' Association, and Hawaii
Psychiatric Medical Association.

     The psychology licensing law prohibits a person without a
license to practice psychology from representing the person's
self as a psychologist, and defines a psychologist as a person,
who among other things, offers the services of or performs
psychotherapy.  Therefore, licensed professionals, such as
marriage and family therapists, social workers, and advanced
practice registered nurses are at risk of violating the
psychology licensing laws by practicing or advertising the
services of psychotherapy even though these professionals may be
qualified to perform psychotherapy and the practice is authorized
by their respective licensing laws.  

 
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                                   STAND. COM. REP. NO. 3079
                                   Page 2



     Your Committee finds that it is not the intent of the
psychology licensing law to preclude the provision of
psychotherapeutical services by qualified members of other
professions.  Therefore, this measure clarifies the psychology
licensure exemption provision by providing that, notwithstanding
the definition of psychologist, the psychology licensing
requirement does not apply to individuals who render or advertise
services within their scope of practice as defined by statute or
rule, if the person does not represent the person's self to be a
psychologist or does not imply that the person is licensed to
practice psychology.

     Your Committee previously passed out S.B. No. 2826, S.D. 1,
a substantially similar measure that contains additional
clarifying language.  Therefore, upon careful consideration, your
Committee has amended this measure by replacing its contents with
the contents of the Senate companion measure and by making
further technical, nonsubstantive amendments.  As amended, this
measure specifically lists psychotherapy as a service that may be
rendered or offered through advertising by non-psychologists
licensed in other professions.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 2485, H.D. 1, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 2485, H.D. 1, S.D. 1, and be placed on the
calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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