STAND. COM. REP. NO.902-02
Honolulu, Hawaii
, 2002
RE: S.B. No. 251
S.D. 2
H.D. 1
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 S.B. No. 251, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PROFESSIONAL COUNSELORS,"
begs leave to report as follows:
The purpose of this bill is to establish a professional counselor licensing program.
Testimony in support of this measure was submitted by the Crime Victim Compensation Commission, Hawaii Counseling Association, Hawaii Vocational Services, Hawaii Youth Services Network, National Board for Certified Counselors and Affiliates, Sestak Rehabilitation Services, and a number of concerned counselors. The Department of Health supported the intent of the bill. Testimony in opposition to the bill was provided by the Department of Commerce and Consumer Affairs (DCCA) and the Hawaii Psychological Association.
Your Committee finds that master's- and doctoral-level professional counselors are not currently regulated in the State, and there are no statutory safeguards in place to ensure the quality of services provided. In addition, lack of regulation prevents the State, nonprofit agencies, and providers from seeking third-party reimbursement from insurance plans for services provided by a professional counselor. These issues become all the more troubling as they pertain to mental health counselors, and in light of ongoing efforts to comply with the federal Felix v. Cayetano consent decree.
However, your Committee also finds that according to three separate sunrise studies conducted by the Legislative Auditor (Auditor) in 1988, 1992, and 1999, the regulation of counselors is not warranted. The Auditor concluded:
(1) There is "very limited evidence of consumer harm;"
(2) These occupations "pose no significant harm to consumers;"
(3) "Regulation is not required;" and
(4) "Regulation would benefit counselors more than consumers."
Your Committee also has concerns regarding questions and issues that were raised during the public hearing of this bill. These include:
(1) The bill purports to be a licensing law, when in fact it is a certification law. Your Committee finds that this measure operates as a certification law because it protects the use of the title "professional counselor." It does not grant persons who meet certain qualifications the legal right to practice the profession. Thus, use of the term "license" appears inaccurate;
(2) The bill includes vocational rehabilitation counselors. Your Committee concurs with the Auditor that there is no demonstrated evidence of harm to justify regulation of vocational rehabilitation counselors; and
(3) The bill includes a "grandfathering" clause. Your Committee finds that a "grandfathering" provision makes it easier for one group of applicants to become licensed than another, which has the effect of protecting this grandfathered group from having to compete with others to meet licensing requirements. Your Committee believes that all applicants should be required to compete on equal footing.
Accordingly, after careful consideration, your Committee has amended this measure by replacing its provisions with the substance of a similar bill introduced during the 2000 Regular Session. The amended bill addresses your Committee's concerns by:
(1) Establishing a title protection program that is accurately identified as a certification program;
(2) Including provisions that restrict the application of the program specifically to mental health counselors; and
(3) Changing the effective date of the bill from July 1, 2050, to July 1, 2003.
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 S.B. No. 251, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 251, S.D. 2, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,
|
____________________________ KENNETH T. HIRAKI, Chair |
||