STAND. COM. REP. NO. 1010

Honolulu, Hawaii

RE: S.B. No. 341

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 341, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to make exemptions from the behavior analyst licensing requirements permanent for certain teachers working in direct collaboration with, and direct support workers working under the supervision of, a licensed behavior analyst or licensed psychologist.

Your Committee received testimony in support of this measure from the Department of Education, Hawai‘i Psychological Association, Hawaii State Teachers Association, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, Alaka‘i Na Keiki, and two individuals. Your Committee received testimony in opposition to this measure from the Hawaii Disability Rights Center. Your Committee received comments on this measure from the University of Hawai‘i System and Hawai‘i Association for Behavior Analysis.

Your Committee finds that many students enrolled in public schools would benefit from the expansion of behavior analysis services throughout Hawaii's public school system. However, under existing law, there is a deadline after which teachers will no longer be allowed to implement these services. This measure ensures that teachers will be able to continue to implement these services in direct collaboration with a licensed behavioral analyst or licensed psychologist.

Your Committee has heard the concerns raised by the Hawai‘i Association for Behavior Analysis that this measure may enable a further implementation delay of required licensure for direct support workers. Amendments are therefore necessary to ensure the Department of Education moves forward in implementing licensure for direct support workers who directly implement applied behavior analysis services. Your Committee has additionally heard the testimony from the University of Hawai‘i System expressing concern that this measure restricts the practice of certain licensed special education teachers and students seeking licensure that are enrolled in an accredited special education teacher preparation program and may prevent the University of Hawai‘i's College of Education from fully implementing its special education teacher preparation program.

Accordingly, your Committee has amended this measure by:

(1) Clarifying that the licensure exemption for credentialed registered behavior technicians applies to those under the direction of a licensed behavior analyst or licensed psychologist;

(2) Deleting language that exempted from licensure a direct support worker who directly implements an applied behavior analysis program under the supervision of a licensed behavior analyst or licensed psychologist;

(3) Inserting a licensure exemption for licensed special education teachers with specific training and practice and individuals working toward licensure as special education teachers who are enrolled in a state-approved and nationally-accredited special education teacher preparation program that includes training in behavior analysis assessment and interventions;

(4) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 341, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 341, S.D. 2.

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

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ROSALYN H. BAKER, Chair