Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2106, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to repeal the sunset of the marriage and family therapist licensing law, authorize licensure by reciprocity, repeal the licensure exemptions for practitioners in overlapping professions, and disallow action against a license for violation of recognized ethical standards.

The Hawaii Association for Marriage and Family Therapy, Argosy University, Hawaii School Counselors Association, Hawaii International Child, and thirty-five individuals testified in support of this measure. The Hawaii Psychological Association, National Association of Social Workers, Christian Science Committee on Publication for Hawaii, and Hawaii Nurses' Association testified in opposition to the measure's repeal of the licensure exemptions. The Department of Commerce and Consumer Affairs (DCCA) proposed clarifying amendments to the reciprocity provision and opposed the repeal of the licensure exemptions and the provision authorizing sanctions for violation of recognized ethical standards.

State law requires that persons representing themselves as marriage and family therapists in this State meet minimum educational and experiential requirements and pass a national exam. Once licensed, if individuals are found in violation of recognized ethical standards or commit other proscribed acts, they are subject to license revocation or suspension.

The laws regulating marriage and family therapists are scheduled for repeal on December 31, 2002. This measure makes the licensing of these professionals permanent by repealing this sunset date. Your Committee finds that continued regulation of marriage and family therapists will enhance consumer confidence and provide the State with the authority to prohibit unqualified individuals from representing themselves as marriage and family therapists.

Additionally, this measure authorizes license reciprocity agreements with states whose licensing standards are at least as stringent as Hawaii's standards, eliminates licensure exemptions for persons practicing marriage and family therapy within the scope of their profession, and eliminates as a basis for license denial, revocation, or suspension, the violation of recognized ethical standards.

Upon careful consideration, your Committee has amended this measure to:

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2106, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2106, S.D. 2.