Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 2055 entitled:

begs leave to report as follows:

The purpose of this bill is to repeal the sunset date of Act 229, Session Laws of Hawaii (SLH) 2001, which expanded the definition of the "practice of social work" to include clinical diagnosis or psychotherapy under certain conditions.

Testimony in support of this measure was submitted by the Department of Commerce and Consumer Affairs, Department of Human Services, Department of Health, Clinical Social Work Society of Hawaii, Hawaii Youth Services Network, National Association of Social Workers, Hawaii Nurses' Association, and two concerned individuals.

Your Committee finds that Act 229, SLH 2001, added a new category for clinical social workers, and included psychotherapy and clinical diagnosis within their scope of practice. Unless the sunset date, which is set to take effect on January 1, 2003, is repealed, these social workers will be found in violation of the psychologist licensing law that states that only professions who have psychotherapy in their scope of practice are allowed to perform that service. Your Committee finds that clinical social workers are trained in and are currently practicing psychotherapy, and should be allowed to continue this practice.

Furthermore, your Committee finds that by maintaining a licensing mechanism, clinical social workers would continue to be eligible for Medicaid reimbursement. This would help to reduce costs associated with the delivery of mental health services, since reimbursement rates for clinical social workers are substantially less than the same services provided by a psychologist.

Your Committee has amended this bill by making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

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. 2055, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2055, H.D. 1.