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. 2258, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to:

Testimony in support of this measure was received from the Hawaii Association for Marriage and Family Therapy, Argosy University, Hawaii International Child Placement and Family Services, Inc., Hawaii Counseling and Education Center, and numerous concerned individuals. A number of concerned individuals from Chaminade University supported the bill with suggested amendments. The Department of Commerce and Consumer Affairs (DCCA) provided comments and recommended amendments.

Your Committee recognizes that marriage and family therapists provide a critical service to the people of Hawaii, and that removing the sunset date on licensure will help to ensure that our citizens receive services from fully qualified professionals. Your Committee further finds that marriage and family therapists utilize a unique approach that allows individuals with mental health problems to be treated in the context of their family system. Furthermore, allowing reciprocity would permit the State to recruit well-trained professionals from other states, which potentially could expand the availability of quality mental health services in Hawaii.

However, your Committee agrees with DCCA's contention that the section pertaining to exemptions from licensure is ambiguous and may require social workers, psychologists, psychiatrists, advanced practice nurses, and even clergy members, to obtain a marriage and family therapist license to carry out duties that overlap the field of marriage and family therapy.

Furthermore, your Committee believes that the provision enabling a licensee to be sanctioned for violation of recognized ethical standards should be retained. The Professional and Vocational Licensing Act provides that "conduct or practice contrary to recognized standards of ethics for the licensed profession or vocation" is grounds for disciplinary action or denial of a license. Your Committee finds that this standard applies to all licensed professionals and believes that marriage and family therapist licensees should similarly be held to this standard.

Therefore, your Committee has amended this measure by:

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. 2258, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2258, H.D. 2.