STAND. COM. REP. NO.494

Honolulu, Hawaii

, 2001

RE: H.B. No. 352

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 352 entitled:

"A BILL FOR AN ACT RELATING TO PROFESSIONAL COUNSELORS,"

begs leave to report as follows:

The purpose of this bill is to provide for state regulation of professional counselors by:

(1) Establishing a Professional Counselors License Program (PCL Program) to be administered by the Director of Commerce and Consumer Affairs (Director);

(2) Setting forth qualifications for licensure as a professional counselor, and defining the practice of professional counseling;

(3) Exempting from license qualification requirements those certified as national certified counselors or national certified rehabilitation counselors prior to the effective date of the PCL Program who apply for licensure within one year of the PCL Program's effective date;

(4) Prohibiting the use of the title of licensed professional counselor without a license;

 

(5) Authorizing the Director to examine and license applicants, enter into reciprocity agreements with other states, and deny, revoke, condition, or suspend licenses; and

(6) Appropriating $43,000 to be expended by the Department of Commerce and Consumer Affairs to implement the PCL Program.

Rehabilitation Association of Hawaii, Hawaii Rehabilitation Counseling Association, Hawaii Youth Services Network, and numerous individuals submitted testimony in favor of this bill. Hawaii Nurses' Association testified in qualified support of the measure. The Department of Health supported the intent of the bill. The Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs (DCCA) testified in opposition.

Your Committee finds that testifiers raised several issues concerning the PCL Program proposed by this bill, including whether:

(1) The regulation would serve consumers by preventing consumer harm;

(2) The scope of the regulation is necessary;

(4) Licensing or certification is necessary; and

(5) Regulation would serve consumers by increasing the availability and ensuring reimburseability of services provided by counselors whose qualifications are recognized by the State.

Your Committee has amended the effective date of this measure to July 1, 2050, to allow investigation, discussion, and resolution of these and other issues.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 352, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 352, H.D. 1.

 

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

____________________________

KENNETH T. HIRAKI, Chair