CONFERENCE COMMITTEE REP. NO. 150-04
Honolulu, Hawaii
, 2004
RE: S.B. No. 2595
S.D. 2
H.D. 2
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
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. 2595, S.D. 2, H.D. 2, 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 licensing program for mental health counselors.
This measure defines the practice of mental health counseling, prohibits unlicensed mental health counseling or use of the title "licensed mental health counselor" without a license as of July 1, 2005, establishes licensure requirements and procedures, establishes exemptions from licensure, authorizes reciprocal licensing agreements with other states, and authorizes sanctions for violations of the licensing laws. Additionally, this measure authorizes the hiring of program staff, appropriates general revenues to implement the program, and authorizes the assessment of license surcharges to replace general funds appropriated.
Your Committee on Conference finds that the State's failure to regulate mental health counselors is inconsistent with its regulation of other-core helping professions, such as psychology, social work, and marriage and family therapy, and that forty-seven states and the District of Columbia regulate the practice of counseling. The adoption of this measure will enable the State to ensure that persons practicing mental health counseling or holding themselves out to be mental health counselors have met minimum standards for professional education and experience. Your Committee further finds that as federal programs increasingly require services to be provided by licensed professionals, adopting a licensure program will provide an expanded pool of qualified professionals to provide necessary services.
Your Committee on Conference has amended this measure to:
(1) Expand the definition of "practice of mental health counseling" to include the assessment, diagnosis, and treatment of, and counseling for, substance abuse and conduct disorders;
(2) Expand the law's title protection to prohibit the use of the title "mental health counselor" except by a person so licensed;
(3) Exempt from the licensing requirement persons obtaining supervised clinical experience to qualify for licensure as a psychologist, social worker, marriage and family therapist, or other licensed professional, provided that the person's title indicates a trainee or intern status and the person does not purport to be a mental health counselor;
(4) Clarify the coursework required of applicants for licensure;
(5) Allow more persons to be "grandfathered" into the program by recognizing examination results obtained within five and a half years, rather than within only one year of the program's commencement;
(6) Require the Department of Commerce and Consumer Affairs (DCCA) to administer a single, rather than two different, licensing exams;
(7) Expand the grounds for license discipline;
(8) Require disclosure of confidential information obtained in the course of counseling in disciplinary proceedings or pursuant to subpoena;
(9) Appropriate $61,000 in general funds to implement the licensing program; and
(10) Clarify that the licensing requirement becomes effective on July 1, 2005, but that the establishment of the program within DCCA, the director's powers and duties, and the appropriation provisions, become effective upon approval of the measure.
Your Committee on Conference also made technical amendments to the measure for purposes of clarity, consistency, and style.
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. 2595, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2595, S.D. 2, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ DENNIS A. ARAKAKI, Co-Chair |
____________________________ RON MENOR, Co-Chair |
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____________________________ DWIGHT Y. TAKAMINE, Co-Chair |
____________________________ BRIAN T. TANIGUCHI, Co-Chair |