STAND. COM. REP. NO. 657

Honolulu, Hawaii

RE: S.B. No. 805

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 805, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Make the exemption from the behavior analyst licensing requirements permanent for certain teachers working in collaboration with a licensed behavior analyst or licensed psychologist; and

(2) Clarify exemptions from licensure as a behavioral analyst for general education teachers, direct support workers, special education teachers, and teacher trainees working in collaboration with or under the supervision of licensed professionals.

Your Committee received testimony in support of this measure from the Department of Education, Hawaii State Teachers Association, Hawai‘i Psychological Association, Special Education Advisory Council, Together for Our Keiki, Hawaii Disability Rights Center, and twenty-four individuals. Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that special education teachers sometimes need assistance with assessing their students' learning, which may include consultation with outside experts such as licensed behavior analysts or psychologists. This measure will help the Department of Education to collect Medicaid reimbursements for all applied behavior analysis services rendered during the school day and ensure vulnerable keiki are given access to the care and education they deserve.

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 and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 805, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 805, S.D. 2.

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

________________________________

ROSALYN H. BAKER, Chair