CONFERENCE COMMITTEE REP. NO. 31

Honolulu, Hawaii

                 , 2007

RE:    S.B. No. 1004

       S.D. 2

       H.D. 2

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam and 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. 1004, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PSYCHOLOGISTS,"

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 bill is to increase access to mental health care by establishing requirements under which qualified, licensed psychologists practicing at federally qualified health centers may prescribe certain types of psychotropic medication under the general supervision of a medical doctor.

     Your Committee on Conference amended this measure by:

     (1)  Removing the term and definition of "prescribing mental health professional" and replacing it with "supervising physician" which means a medically trained and licensed physician or psychiatrist who accepts professional responsibility for the provision of psychopharmacotherapy;

     (2)  Clarifying that the requirement of a supervised practicum shall be by a medically trained and licensed physician or psychiatrist who accepts professional responsibility for the provision of psychopharmacotherapy and who is not in the employ of the person being directed or supervised;

     (3)  Clarifying that it is the duty of a psychologist holding a conditional prescription certificate to inform the Board of Psychology (Board) the name of the supervising physician under whose supervision the psychologist will prescribe psychotropic medication and to promptly inform the Board of any change of the supervising physician;

     (4)  Changing the agency responsible for the joint formulary advisory committee from the Department of Health to the Department of Commerce and Consumer Affairs;

     (5)  Adding two psychologists working at federally qualified health centers to the joint formulary advisory committee membership;

     (6)  Amending the date that the State Health Planning and Development Agency is to submit a report to the Legislature from 2010 to 2013; and

     (7)  Altering the effective date in order to allow the Department of Commerce and Consumer Affairs time to develop rules and procedures and to read as follows:

     "This Act shall take effect upon approval; provided that:

     (1)  Prescriptive authority for qualified psychologists shall not be granted until July 1, 2008;

     (2)  Section 5 of this Act shall take effect on July 1, 2009; and

     (3)  On July 1, 2014, this Act shall be repealed and section 465-3, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act."

     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. 1004, 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. 1004, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ JOSHUA B. GREEN, M.D., Co-Chair	____________________________ DAVID Y. IGE, Chair
____________________________ ROBERT N. HERKES, Co-Chair	____________________________ BRIAN T. TANIGUCHI, Co-Chair