STAND. COM. REP. NO. 2609

Honolulu, Hawaii

RE: S.B. No. 2277

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2277 entitled:

"A BILL FOR AN ACT RELATING TO ADOLESCENT MENTAL HEALTH CARE,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow an unlicensed mental health professional, working under the supervision of a licensed mental health professional, to provide mental health treatments or counseling services to minors without parental or legal guardian consent, knowledge, or participation;

(2) Require a mental health professional to assist a minor with completing a non-disclosure notification form to send to covered entities, when appropriate; and

(3) Require a covered entity, upon receiving a completed notification form, to maintain confidentiality of minor‑initiated mental health treatment or counseling services.

Your Committee received testimony in support of this measure from the Department of Health, Hawai‘i Psychological Association, Democratic Party of Hawai‘i, Hawaii Youth Services Network, Mental Health America of Hawai‘i, LGBT Caucus of the Democratic Party of Hawai‘i, and twelve individuals. Your Committee received testimony in opposition to this measure from three individuals. Your Committee received comments on this measure from the Hawaii Medical Service Association.

Your Committee finds that the Department of Health convened a task force, pursuant to Act 13, Session Laws of Hawaii 2018, to address the concerns of minors seeking counseling on sexual orientation, gender identity, gender expressions, and related behaviors. The findings of the task force revealed that there was general agreement amongst task force members to amend existing law to increase access to adolescent mental health services.

Accordingly, this measure improves minors' access to mental health care by allowing unlicensed mental health professionals to provide minor-initiated mental health treatment or counseling services under the supervision of licensed mental health professionals and maintaining confidentiality of mental health treatment or counseling services when a minor initiates mental health services without parental or legal guardian consent, knowledge, or participation.

Your Committee has amended this measure by 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. 2277, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2277, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

ROSALYN H. BAKER, Chair