CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO.141-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 251

S.D. 2

H.D. 1

C.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 251, S.D. 2, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to establish a professional counselor licensing program.

Your Committee on Conference finds that licensing of an industry promotes uniformity, enhances the quality of services and products, and increases public safety. This measure creates a licensing structure for professional counselors that will improve services, increase the pool of qualified service providers, and further promote public safety.

Your Committee on Conference has amended this measure by replacing its contents with the Senate version of this measure, Senate Bill No. 251, S.D. 2, and making several other amendments, including:

(1) Recasting the purpose section to clarify the intent of this measure;

(2) Including in the definition of "clinical supervisors" alternative supervisors as defined by national and/or other accrediting entities, including the Council for Accreditation of Counseling and Related Educational Programs;

(3) Specifying that full-time professional counseling graduate students conducting professional counseling activities as part of a supervised course of study are exempt from licensure;

(4) Deleting provisions that exempt nationally certified counselors or rehabilitation counselors from license qualification requirements if they apply within one year from the effective date of this measure;

(5) Setting out provisions that address confidentiality and privileged communications;

(6) Setting out provisions that prohibit a professional counselor from testifying in alimony and divorce actions;

(7) Deleting the appropriation made by this measure;

(8) Establishing a professional counselors licensing program startup trust fund to receive and expend funds for startup implementation of the licensing program and providing that:

(a) No expenditure shall be made until the balance of the fund is at least $43,000;

(b) The department of commerce and consumer affairs must report the balance of the fund to the 2003 Legislature; and

(c) On June 30, 2004, the fund shall be dissolved and the remaining balance deposited into the compliance resolution fund;

(9) Authorizing the Department of Commerce and Consumer Affairs to appoint an administrative assistant and secretary to assist with the activities of the licensing program;

(10) Providing that the licensing program shall take effect on July 1, 2004, if the balance of the professional counselors licensing program startup trust fund is at least $43,000 by October 1, 2003;

(11) Providing that the director's powers to work on implementing the licensing program and the establishment of the professional counselors licensing program startup trust fund are effective on July 1, 2002;

(12) Providing that this measure shall be repealed on June 30, 2009; and

(13) Making technical, nonsubstantive changes to accommodate the foregoing amendments and for purposes of style and clarity.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 251, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 251, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KENNETH T. HIRAKI, Co-Chair		____________________________ RON MENOR, Chair
____________________________ MICHAEL Y. MAGAOAY, Co-Chair		____________________________ DAVID M. MATSUURA, Co-Chair
		____________________________ BRIAN T. TANIGUCHI, Co-Chair