STAND. COM. REP. NO. 655-18

Honolulu, Hawaii

, 2018

RE: H.B. No. 2271

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Intrastate Commerce, to which was referred H.B. No. 2271, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PRACTICE OF BEHAVIOR ANALYSIS,"

begs leave to report as follows:

The purpose of this measure is to improve the provision of services to public school students who would benefit from behavioral analysis by:

(1) Extending by two years the exemption from licensure for direct support workers who provide behavioral analysis under supervision to July 1, 2021; and

(2) Clarifying the definition and scope of duties of a direct support worker.

The Department of Education and a concerned individual supported the measure. The Hawai‘i Association for Behavior Analysis, Hawai‘i Psychological Association, Aloha Behavioral Associates, LLC, and numerous concerned individuals supported the intent of the measure with amendments. The Hawaii State Teachers Association, Hawaii Disability Rights Center, and American Psychological Association Practice Organization submitted comments.

Your Committee has amended this measure by:

(1) Further clarifying the exemption from licensure of individuals working within the scope of practice or duties of another licensed profession that overlaps with the practice of behavior analysis;

(2) Clarifying that the exemption for direct support workers who directly implement a behavior analysis program under the supervision of a licensed professional applies only in a school setting, although services provided do not require an individualized education plan;

(3) Restoring the January 1, 2019, expiration date for the exemption from licensure for direct support workers in a school setting; and

(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Intrastate Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2271, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2271, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Intrastate Commerce,

____________________________

TAKASHI OHNO, Chair