STAND. COM. REP. NO. 2492

Honolulu, Hawaii

RE:    S.B. No. 2333

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2333 entitled:

"A BILL FOR AN ACT RELATED TO LICENSED MARRIAGE AND FAMILY THERAPISTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to add the word "licensed" before the term "marriage and family therapist" in the Hawaii Revised Statutes for clarity.

     Your Committee received testimony in support of this measure from the Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs and nine individuals.  Your Committee received comments on this measure from the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs.

     Your Committee finds that this measure aligns the legal title for Hawaii-licensed marriage and family therapists with the same distinction used for "licensed marriage and family therapist" in forty-eight other states.  This change is intended to reduce confusion among the public regarding marriage and family therapists in Hawaii who have met the same standards as individuals with the official title of "licensed marriage and family therapist".  According to testimony received by your Committee, without this legal title alignment, Hawaii-licensed marriage and family therapists may be at a disadvantage when they compete against licensed marriage and family therapists from other states for job opportunities.

     However, your Committee has heard the concerns of the Regulated Industries Complaints Office that this measure as drafted would narrow the Office's enforcement authority.  According to the Regulated Industries Complaints Office, the Office would only be able to enforce chapter 451J, Hawaii Revised Statutes, in situations where a person used the title "licensed marriage and family therapist" without having the appropriate license.  However, the Regulated Industries Complaints Office would be unable to take action against a person who used the title "marriage and family therapist" when that person did not possess a license.  Amendments to this measure are therefore necessary to address the Regulated Industries Complaints Office's enforcement concerns.

     Accordingly, your Committee has amended this measure by adding "or licensed marriage and family therapist" after specific existing references to "marriage and family therapist" within chapter 451J, Hawaii Revised Statutes, rather than merely adding the term "licensed" before these references.

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2333, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2333, S.D. 1, and be placed on the calendar for Third Reading.

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

________________________________

ROSALYN H. BAKER, Chair