STAND. COM. REP. 2340

Honolulu, Hawaii

, 2004

RE: S.B. No. 2595

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2595 entitled:

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

begs leave to report as follows:

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

Testimony in support of this measure was received from Kaiser Permanente, Hale Opio Kauai, Inc., Child and Family Service, Hawaii Youth Services Network, Hawaii School Counselors Association, Parents and Children Together, Hawaii Rehabilitation Counseling Association, Alliance for Professional Counselor Licensure, National Association of Social Workers, Hawaii Counseling Association, Sestak Rehabilitation Services, and seven individuals. The Department of Commerce and Consumer Affairs submitted comments on the measure.

This measure defines the practice of professional counseling, requires licensure to use the title "licensed professional counselor" as of July 1, 2005, establishes licensure requirements and procedures, establishes exemptions from licensure, authorizes reciprocal licensing agreements with other states, and authorizes sanctions against a license. 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 finds that the State's failure to regulate professional 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 using the title "licensed professional counselor" 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 has amended this measure to:

(1) Provide for the licensure of counselors providing mental health counseling, as opposed to other types of counseling, such as career and educational counseling;

(2) Clarify the scope of the practice of mental health counseling;

(3) Prohibit the unlicensed practice of mental health counseling, in addition to the use of the title "licensed mental health counselor" without a license; and

(4) Provide a specific exemption from licensure for the clergy.

Additionally, your Committee has made numerous technical changes to the measure by deleting irrelevant definitions and amending language for purposes of clarity, consistency, and style.

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. 2595, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2595, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,

____________________________

RON MENOR, Chair