Bill Text: HI HB776 | 2024 | Regular Session | Introduced
Bill Title: Relating To Mental Health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB776 Detail]
Download: Hawaii-2024-HB776-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
776 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to mental health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there is great demand for high-quality mental health practitioners. This need is especially acute as the State continues to deal with the effects of the coronavirus disease 2019 pandemic. More than twenty states have addressed the critical need for mental health practitioners by authorizing provisional licenses for some mental health practitioners in training.
Accordingly, the purpose of this Act is to expand access to mental health services in the State by:
(1) Establishing provisional or associate-level licensure requirements and reimbursement allowances for certain mental health practitioners in training; and
(2) Allowing psychologist license applicants to sit for the licensing examination before completing other requirements.
PART I
SECTION 2. Chapter 451J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§451J- Provisional license; associate marriage
and family therapist; services reimbursable. (a) Upon application and the payment of
applicable fees, the department shall grant a provisional license as an
associate marriage and family therapist to a person who:
(1) Has completed a
master's degree or doctoral degree from an accredited educational institution
in marriage and family therapy, or an allied field related to the practice of
mental health counseling, that includes or is supplemented by graduate level
course work comprising a minimum of thirty-three semester hours, or forty-four
quarter hours, in the following course areas:
(A) Marriage
and family studies--nine semester or twelve quarter hours;
(B) Marriage
and family therapy studies--nine semester or twelve quarter hours;
(C) Human
development--nine semester or twelve quarter hours;
(D) Ethical
and professional studies--three semester or four quarter hours;
and
(E) Research--three
semester or four quarter hours;
(2) Has completed a
one-year practicum with three hundred hours of supervised client contact;
(3) Has passed the
National Marriage and Family Therapy Exam in accordance with section 451J-8;
and
(4) Engages in
practice as an associate marriage and
family therapist under the clinical supervision of a licensed marriage and
family therapist during the period of time necessary to fulfill the
requirements for licensure as a marriage and family therapist pursuant to
section 451J-7; provided that the supervising licensed marriage and family
therapist shall be in good standing with the department.
(b) Each provisional license shall include the
name and title of the supervising licensed marriage and family therapist or
therapists described in subsection (a)(4).
A provisional licensee or licensed associate marriage and family
therapist may only practice marriage and family therapy under the direct
supervision of a licensed marriage and family therapist.
(c) A provisional license issued pursuant to this
section shall be valid for one year from the date of issuance and may be
renewed for an additional one-year period if needed to fulfill the requirements
for licensure as a marriage and family therapist pursuant to section 451J-7.
(d) Services provided by a supervised licensed
associate marriage and family therapist shall be eligible for insurance
reimbursement if:
(1) The supervising
licensed marriage and family therapist's services are eligible for
reimbursement as a contracted provider; and
(2) The billed rate
for the licensed associate marriage and family therapist is commensurate with
the requisite level of training."
SECTION 3. Section 451J-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Associate marriage
and family therapist" or "licensed associate marriage and family
therapist" means a person who:
(1) Has completed
all educational requirements under section 451J- (a)(1);
(2) Has been issued
a provisional license under this chapter; and
(3) Is currently earning supervised clinical experience in marriage and family therapy."
2. By amending the definition of "clinical supervision" to read:
""Clinical
supervision" means the supervision of no more than six persons at the same
time who are acquiring and completing clinical experience in accordance with [section]
sections 451J-7(2) and (3)[,] and 451J- (a)(4), by a licensed marriage and
family therapist whose license has been in good standing in any state for two
years preceding commencement and during the term of supervision, or any
licensed mental health professional whose license has been in good standing in
any state and who has been a clinical member in good standing of the
association for the two years preceding commencement and during the term of
supervision. Clinical supervision
includes but is not limited to case consultation of the assessment and
diagnosis of presenting problems, development and implementation of treatment
plans, and the evaluation of the course of treatment. Clinical supervision may include direct
observation by the qualified supervisor of the provision of marriage and family
therapy services."
3. By repealing the definition of "marriage and family therapy intern."
[""Marriage
and family therapy intern" means a person who has completed all
educational requirements stipulated in section 451J-7(1)(A) and who is
currently earning supervised clinical experience in marriage and family therapy
under clinical supervision."]
SECTION 4. Section 451J-3, Hawaii Revised Statutes, is amended to read as follows:
"§451J-3 Powers and duties of the director. In addition to any other powers and duties authorized by law, the director may:
(1) Examine and
approve the qualifications of all applicants under this chapter, and issue a
license to each successful applicant granting permission to use the title of marriage
and family therapist [or], licensed
marriage and family therapist, associate marriage and family
therapist, or licensed associate marriage and family therapist in this
State pursuant to this chapter and the rules adopted under this chapter;
(2) Adopt, amend, or repeal rules pursuant to chapter 91;
(3) Administer, coordinate, and enforce this chapter and rules;
(4) Discipline a
person licensed as a marriage and family therapist or associate marriage and
family therapist for any cause described by this chapter, or for any
violation of rules, or refuse to license a person for failure to meet licensing
requirements or for any cause that would be grounds for disciplining a licensed
marriage and family therapist[;] or licensed associate marriage and
family therapist; and
(5) Appoint an advisory committee of licensed marriage and family therapists and members of the public to assist with the implementation of this chapter and the rules; except that the initial members of the committee who are marriage and family therapists shall not be required to be licensed pursuant to this chapter."
SECTION 5. Section 451J-5, Hawaii Revised Statutes, is amended to read as follows:
"§451J-5 Prohibited acts. Except as
specifically provided elsewhere in this chapter, no person shall use the title
marriage and family therapist [or],
licensed marriage and family therapist, associate marriage and family
therapist, or licensed associate marriage and family therapist
without first having secured a license under this chapter. The department shall investigate and
prosecute any individual using the title of marriage and family therapist [or],
licensed marriage and family therapist, associate marriage and family
therapist, or licensed associate marriage and family therapist
without being properly licensed as a marriage and family therapist[.] or
associate marriage and family therapist.
Any person who violates this section shall be subject to a fine of not
more than $1,000 per violation. Each
day's violation shall be deemed a separate offense. Any action taken to impose or collect the
fine imposed under this section shall be a civil action."
SECTION 6. Section 451J-6, Hawaii Revised Statutes, is amended to read as follows:
"§451J-6 Exemptions. (a) Licensure shall not be required of:
(1) A person doing
work within the scope of practice or duties of the person's profession that
overlaps with the practice of marriage and family therapy; provided the person
does not purport to be a marriage and family therapist [or],
licensed marriage and family therapist[;], associate marriage and
family therapist, or licensed associate marriage and family therapist; or
(2) Any student
enrolled in an accredited educational institution in a recognized program of
study leading toward attainment of a graduate degree in marriage and family
therapy or other professional field; provided that the student's activities and
services are part of a prescribed course of study supervised by the educational
institution and the student is identified by an appropriate title including but
not limited to "marriage and family therapy student or trainee", "clinical
psychology student or trainee", "clinical social work student or
trainee", or any title which clearly indicates training status[; or
(3) Any individual
who uses the title marriage and family therapy intern for the purpose of
obtaining clinical experience in accordance with section 451J-7(3)].
(b)
Nothing in this chapter shall be construed to prevent qualified members
of other licensed professions as defined by any law, rule, or the department,
including but not limited to social workers, psychologists, registered nurses,
or physicians, from doing or advertising that they assist or treat individuals,
couples, or families consistent with the accepted standards of their respective
licensed professions; provided that no person, unless the person is licensed as
a marriage and family therapist[,] or associate marriage and family
therapist, shall use the title of marriage and family therapist [or],
licensed marriage and family therapist[.], associate marriage and
family therapist, or licensed associate marriage and family therapist."
SECTION 7. Section 451J-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§451J-9[]] Licensure fees. Licenses shall be valid for three years
and shall be renewed triennially[.]; provided that provisional
licenses shall be renewed pursuant to section 451J- .
Any applicant for renewal of a license that has expired within one year
of the renewal deadline shall be required to pay a restoration fee in addition
to all renewal fees."
SECTION 8. Section 451J-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [Licenses] Except as provided in
section 451J- , licenses shall be
renewed triennially on or before December 31, with the first renewal deadline
occurring on December 31, 2001. Failure
to renew a license shall result in a forfeiture of the license. Licenses that have been forfeited may be
restored within one year of the expiration date upon payment of renewal and
restoration fees, and in the case
of marriage and family therapists or licensed marriage and
family therapists audited pursuant to
subsection (f), documentation of continuing education compliance. Failure to restore a forfeited license within
one year of the date of its expiration shall result in the automatic termination
of the license. Persons with terminated
licenses shall be required to reapply for licensure as a new applicant."
SECTION 9. Section 451J-12, Hawaii Revised Statutes, is amended to read as follows:
"[[]§451J-12[]] Confidentiality and privileged communications.
No person licensed as a marriage and family therapist[,] or
associate marriage and family therapist, nor any of the person's employees
or associates, shall be required to disclose any information that the person
may have acquired in rendering marriage and family therapy services except in
the following circumstances:
(1) As required by law;
(2) To prevent a clear and immediate danger to a person or persons;
(3) In the course of a civil, criminal, or disciplinary action arising from the therapy where the therapist is a defendant;
(4) In a criminal proceeding where the client is a defendant and the use of the privilege would violate the defendant's right to a compulsory process of the right to present testimony and witnesses in the defendant's own behalf;
(5) In accordance with the terms of a client's previously written waiver of the privilege; or
(6) Where more than one person in a family jointly receives therapy and each family member who is legally competent executes a written waiver; in that instance, a marriage and family therapist or associate marriage and family therapist may disclose information received from any family member in accordance with the terms of the person's waiver."
SECTION 10. Section 451J-13, Hawaii Revised Statutes, is amended to read as follows:
"[[]§451J-13[]] Therapist prohibited from testifying in
alimony and divorce actions. If both
parties to a marriage have obtained marriage and family therapy by a licensed marriage
and family therapist[,] or licensed associate marriage and family
therapist, the therapist shall be prohibited from testifying in an alimony
or divorce action concerning information acquired in the course of
therapy. This section shall not apply to
custody actions whether or not part of a divorce proceeding."
PART II
SECTION 11. Chapter 453D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§453D- Provisional license; associate mental
health counselor; services reimbursable.
(a) Upon application and the payment of
applicable fees, the department shall grant a provisional license as an
associate mental health counselor to a person who:
(1) Has completed a
master's degree or doctoral degree from an accredited institution in
counseling, or an allied field related to the practice of mental health
counseling, that includes or is supplemented by graduate level course work in
counseling comprising a minimum of forty-eight semester hours, or seventy-two
quarter hours, in the following course areas:
(A) Human
growth and development, including the study of life span development;
strategies to facilitate life span development and transitions; theories of
learning and personality development; and human behavior, including crises,
disabilities, addictive behavior, and environmental factors;
(B) Social
and cultural foundations, including the study of issues and trends in a
multicultural and diverse society; characteristics of diverse groups, including
groups based on age, race, religious or sexual preference, physical disability,
ethnicity and culture, gender, socioeconomics, and intellectual ability; and
individual, family, and group strategies with diverse populations;
(C) Counseling
theories and applications, including individual and systems perspectives on
counseling and consultation; interviewing, assessment, and counseling skills;
the application of principals, methods, and theories of counseling; the
treatment and counseling of mental and emotional disorders; and educational
techniques aimed at preventing disorders in individuals and families;
(D) Group
theory and practice, including principles of group dynamics; group processes;
group leadership styles, theories, and methods of counseling; and the
application of theory to group processes;
(E) Career
and lifestyle development, including the study of vocational development
theories and decision-making models; assessment instruments and techniques;
types, sources, and uses of occupational and educational information systems;
career development applications; and career processes, techniques, and
resources;
(F) Appraisal
of human behavior, including assessment and diagnosis of disorders with an
emphasis on DSM categories and an understanding of these disorders relative to
the counseling context;
(G) Tests
and measurements, including theoretical and historical bases for assessment
techniques; and assessment methods, including analysis of various types of tests
to select, administer, interpret, and use assessment and evaluation instruments
and techniques in counseling;
(H) Research
and program evaluation, including research design and methods; statistical
analysis; principles, practice, and application of needs assessment; and
program evaluation;
(I) Professional
orientation and ethics, including the history of the helping profession;
professional roles and functions; ethical standards; confidentiality;
professional organizations; and the public policy process, including advocacy
on behalf of the profession and its clientele; and
(J) At
least two academic terms of supervised mental health practicum intern
experience for graduate credit of at least six semester hours, or ten quarter
hours, in a mental health counseling setting, with a total of three hundred
hours of supervised client contact. The
practicum experience shall be completed under the supervision of a person who
is licensed as a mental health counselor, psychologist, clinical social worker,
advanced practice registered nurse with a specialty in mental health, marriage
and family therapist, or physician with a specialty in psychiatry;
(2) Has passed the
National Counselor Examination for Licensure and Certification; and
(3) Engages in
practice as an associate mental health counselor under the clinical supervision
of a licensed mental health counselor during the period of time necessary to
fulfill the requirements for licensure as a mental health counselor pursuant to
section 453D-7; provided that the supervising licensed mental health counselor
shall be in good standing with the department.
(b) Each provisional license shall include the
name and title of the supervising licensed mental health counselor or therapist
described in subsection (a)(3). A
provisional licensee or licensed associate mental health counselor may only
practice mental health counseling under the direct supervision of a licensed
mental health counselor.
(c) A provisional license issued pursuant to this
section shall be valid for one year from the date of issuance and may be
renewed for an additional one-year period if needed to fulfill the requirements
for licensure as a mental health counselor pursuant to section 453D-7.
(d) Services provided by a supervised licensed
associate mental health counselor shall be eligible for reimbursement as a
contracted provider if:
(1) The supervising
licensed mental health counselor's services are eligible for reimbursement as a
contracted provider; and
(2) The billed rate
for the licensed associate mental health counselor is commensurate with the
requisite level of training."
SECTION 12. Section 453D-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Associate mental
health counselor" or "licensed associate mental health
counselor" means a person who:
(1) Has completed
all educational requirements under section 453D- (a)(1);
(2) Has been issued
a provisional license under this chapter; and
(3) Is currently earning supervised clinical experience in mental health counseling."
2. By amending the definition of "clinical supervision" to read:
""Clinical
supervision" means supervision applied to all individuals who are gaining
the experience required for a license as a mental health counselor[.] or
associate mental health counselor. "Clinical supervision" includes but
is not limited to:
(1) Case consultation on the assessment and presenting problem;
(2) Development and implementation of treatment plans;
(3) Enhancement of the supervisee's counseling techniques and treatment evaluation skills; and
(4) Evaluation of the course of treatment."
SECTION 13. Section 453D-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§453D-3[]] Powers and duties of the director. In addition to any other powers and
duties authorized by law, the director shall have the powers and duties to:
(1) Grant permission to a person to use the title of "licensed mental health counselor" or "licensed associate mental health counselor, or a description indicating one is a licensed mental health counselor or licensed associate mental health counselor in this State pursuant to this chapter and the rules adopted pursuant thereto;
(2) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;
(3) Administer, coordinate, and enforce this chapter;
(4) Discipline a licensed mental health counselor or licensed associate mental health counselor for any due cause described by this chapter or violation of the rules;
(5) Refuse to license
a person for failure to meet licensing requirements or on grounds sufficient to
discipline a licensed mental health counselor[;] or licensed
associate mental health counselor; and
(6) Appoint an advisory committee consisting of licensed mental health counselors and members of the public to assist with the implementation of this chapter and adopted rules; provided that the initial members of the committee who are mental health counselors shall not be required to be licensed pursuant to this chapter."
SECTION 14. Section 453D-5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§453D-5[]] Prohibited acts. Except as specifically provided in this
chapter, no person shall engage in the practice of mental health counseling or
use the title of "licensed mental health counselor" [or],
"mental health counselor", "licensed associate mental health
counselor, or "associate mental health counselor" without a valid
license issued under this chapter. Any
person who violates this section shall be subject to a fine of not more than
$1,000 for each separate offense. Each
day of each violation shall constitute a separate offense. Any action taken to impose or collect the
fine imposed under this section shall be a civil action."
SECTION 15. Section 453D-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter shall not apply to:
(1) A person doing work within the
duties of the person's profession that overlaps with the practice of mental
health counseling; provided that no such person shall use a title stating or
implying that the person is a "licensed
mental health counselor" [or],
"mental health counselor", "licensed
associate mental health counselor", "associate mental health
counselor", or describe or refer to the person's services as mental
health counseling;
(2) Any person who is a duly
recognized member of the clergy; provided that the person functions only within
the person's capacity as a member of the clergy; and provided further that the
person does not represent the person to be a "licensed mental health counselor" [or], "mental
health counselor", "licensed associate mental health
counselor", "associate mental health counselor", or describe
or refer to the person's services as mental health counseling;
(3) Any student enrolled in an
accredited educational institution in a recognized program of study leading
towards attainment of a graduate degree in mental health counseling or other
professional field; provided that the student's activities and services are part
of a prescribed course of study supervised by the accredited educational
institution and the student is identified by an appropriate title, including
but not limited to "mental health
counseling student" or "trainee", "clinical psychology student" or "trainee", "social work student"
or "trainee", "marriage and
family counseling student" or
"trainee", or any title that clearly indicates training status;
[(4) Any individual who uses the
title of "mental health counselor intern" for the purpose of obtaining
clinical experience in accordance with section 453D-7(a)(2);
(5)] (4) Any person employed by a federal, state, or county
government agency in a counseling position, but only at those times when the
employee is carrying out the duties and responsibilities as a counselor in
governmental employment; or
[(6)]
(5) Any person
who is obtaining supervised clinical experience for licensure as a
psychologist, social worker, marriage and family therapist, or as another
licensed professional; provided that the person's title indicates a trainee or
intern status; and provided further that the person does not purport to be a "licensed mental health counselor" [or], "mental
health counselor"[.], "licensed associate mental health
counselor", or "associate mental health counselor"."
SECTION 16. Section 453D-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§453D-10[]] Licensure; fees. A license shall be issued
to a person deemed to be qualified under [section] sections
453D- or 453D-7 upon the payment of
a license fee to be determined by the department and shall be valid for three
years[.]; provided that provisional licenses shall be renewed
pursuant to section 453D- ."
SECTION 17. Section 453D-11, Hawaii Revised Statutes, is amended to read as follows:
"[[]§453D-11[]] Renewal of license; fees. [Licenses] Except as provided
in section 453D- , licenses shall be renewed, upon the payment of a
renewal fee, triennially not earlier than ninety days before June 30, with the
first renewal deadline occurring on June 30, 2008. Failure to renew a license shall result in a
forfeiture of the license. Licenses that
have been forfeited may be restored within one year of the expiration date upon
payment of renewal and restoration fees.
Failure to restore a forfeited license within one year of the date of
its expiration shall result in the automatic termination of the license and the
person may be required to reapply for licensure as a new applicant. All renewal and restoration fees shall be
determined by the department."
SECTION 18. Section 453D-13, Hawaii Revised Statutes, is amended to read as follows:
"[[]§453D-13[]] Confidentiality
and privileged communications. No
person licensed as a mental health counselor[,] or associate mental
health counselor, nor any of the person's employees or associates, shall be
required to disclose any information that the person may have acquired in
rendering mental health counseling services, except in the following
circumstances:
(1) As required by law;
(2) To prevent a clear and imminent danger to a person or persons;
(3) In accordance with the terms of a previously written waiver of the privilege where the waiver is executed by the client or by the client's legally recognized representative;
(4) Where more than one person jointly receives counseling and each person who is legally competent executes a written waiver. In that instance, a mental health counselor or associate mental health counselor may disclose information from any person in accordance with that person's waiver; or
(5) In the course of a disciplinary action or pursuant to a duly authorized subpoena issued by the department."
SECTION 19. Section 453D-14, Hawaii Revised Statutes, is amended to read as follows:
"[[]§453D-14[]] Mental health counselor or associate
mental health counselor prohibited from testifying in alimony and divorce
actions. If both parties to a
marriage have obtained mental health counseling from a licensed mental health
counselor[,] or licensed associate mental health counselor, the
counselor shall be prohibited from testifying in an alimony or divorce action
concerning information acquired in the course of mental health counseling. This section shall not apply to custody
actions whether or not part of a divorce proceeding."
PART III
SECTION 20. Chapter 465, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§465- Provisional license; associate
psychologist; services reimbursable. (a) Upon application and the payment of
applicable fees, the board shall grant a provisional license as an associate
psychologist to a person who:
(1) Has completed a
doctoral degree from:
(A) An
American Psychological Association approved program in clinical psychology,
counseling psychology, school psychology, or programs offering combinations of
two or more of these areas; or
(B) A
professional psychology training program, awarded by an institution of higher
education, or from a regionally accredited institution; and
(2) Is engaging in post-doctoral
supervised experience in health service psychology pursuant to an organized
health service training program approved by the board.
(b) Each provisional license shall include the
name and title of the supervising licensed psychologist or psychologists in the
training program described in subsection (a)(2). A provisional licensee or licensed associate
psychologist may only practice psychology under the direct supervision of the
licensed psychologist; provided that:
(1) The supervising
licensed psychologist shall hold a current, active, and unencumbered license
with the board; and
(2) The supervising
licensed psychologist shall notify the board within ten days of the termination
or completion of the supervision.
(c) A provisional license issued pursuant to this
section shall be valid for one year to fulfill the requirements for full
licensure as a psychologist under section 465-7.
(d) Services provided by a supervised licensed
associate psychologist shall be eligible for insurance reimbursement if:
(1) The supervising
licensed psychologist's services are eligible for reimbursement as a contracted
provider; and
(2) The billed rate for the licensed associate psychologist is commensurate with the requisite level of training."
SECTION 21. Section 465-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Associate psychologist" or "licensed associate psychologist" means a person who:
(1) Has completed
all educational requirements under section 465- (a)(1);
(2) Has been issued
a provisional license under this chapter; and
(3) Is currently engaging in post-doctoral supervised experience in health service psychology pursuant to an organized health service training program approved by the board."
SECTION 22. Section 465-2, Hawaii Revised Statutes, is amended to read as follows:
"§465-2 License required. Except as otherwise provided in this chapter, it shall be unlawful to represent one's self as a psychologist or associate psychologist or engage in the practice of psychology without having first obtained a license as provided in this chapter."
SECTION 23. Section 465-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter shall not apply to:
(1) Any person teaching, lecturing, consulting, or engaging in research in psychology insofar as the activities are performed as part of or are dependent upon employment in a college or university; provided that the person shall not engage in the practice of psychology outside the responsibilities of the person's employment;
(2) Any person who performs any, or any combination of the professional services defined as the practice of psychology under the direction of a licensed psychologist in accordance with rules adopted by the board; provided that the person may use the term "psychological assistant", but shall not identify the person's self as a psychologist or associate psychologist or imply that the person is licensed to practice psychology;
(3) Any person
employed by a local, state, or federal government agency in a school
psychologist or psychological examiner position, or a position that does not
involve diagnostic or treatment services, but only at those times when that person
is carrying out the functions of [such] government employment;
(4) Any person who is
a student of psychology[, a psychological intern, or a resident in
psychology preparing for the profession of psychology under supervision in a
training institution or facility and who is designated by a title as
"psychology trainee", "psychology student",
"psychology intern", or "psychology resident", that
indicates the person's training status]; provided that the person shall not
identify the person's self as a psychologist or associate psychologist
or imply that the person is licensed to practice psychology;
(5) Any person who is a member of another profession licensed under the laws of this jurisdiction to render or advertise services, including psychotherapy, within the scope of practice as defined in the statutes or rules regulating the person's professional practice; provided that, notwithstanding section 465-1, the person does not represent the person's self to be a psychologist or associate psychologist or does not represent that the person is licensed to practice psychology;
(6) Any person who is
a member of a mental health profession not requiring licensure; provided that
the person functions only within the person's professional capacities; and provided
further that the person does not represent the person to be a psychologist[,]
or associate psychologist, or the person's services as psychological;
(7) Any person who is
a duly recognized member of the clergy; provided that the person functions only
within the person's capacities as a member of the clergy; and provided further
that the person does not represent the person to be a psychologist[,] or
associate psychologist, or the person's services as psychological; or
(8) Any psychologist
employed by the United States Department of Defense, while engaged in the
discharge of the psychologist's official duty and providing direct telehealth
support or services, as defined in section 431:10A-116.3, to neighbor island
beneficiaries within a Hawaii National Guard armory on the island of Kauai,
Hawaii, Molokai, or Maui; provided that the psychologist employed by the United
States Department of Defense is credentialed by Tripler Army Medical Center[;
or
(9) Any supervisee
of a licensed psychologist as defined in section 465D‑7]."
SECTION 24. Section 465-3.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding other provisions in this chapter the director of health may certify that there is an absence or shortage of licensed psychologists or associate psychologists for government employment in a particular locality. Upon receiving certification of the absence or shortage, the board shall authorize the director to hire and retain persons currently in government employment to fill the absence or shortage; provided persons hired or retained have been duly licensed as a psychologist by written examination under the laws of another state or territory of the United States prior to 1977."
SECTION 25. Section 465-6, Hawaii Revised Statutes, is amended to read as follows:
"§465-6 Powers and duties. In addition to any other powers and duties authorized by law, the board shall:
(1) Examine the
qualifications of applicants for licensing under this chapter to determine
their eligibility for licensing as psychologists[;] or associate
psychologists;
(2) Administer and grade examinations for applicants as may be required for the purposes of this chapter. The board shall determine the examinations and the score that shall be deemed a passing score. Examinations shall be scheduled at least once annually;
(3) Keep a record of action taken on all applicants for licensing; the names of all persons licensed; petitions for temporary permits; actions involving suspension, revocation, or denial of licenses; decisions on waiver of examination in whole or in part and receipt and disbursal of any moneys; and
(4) Adopt, amend, and repeal pursuant to chapter 91, rules as it deems proper for the purposes of this chapter."
SECTION 26. Section 465-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Every applicant for a license as a psychologist shall submit evidence satisfactory to the board that the applicant meets the following requirements:
(1) The applicant for licensure shall possess a doctoral degree from:
(A) An American Psychological Association approved program in clinical psychology, counseling psychology, school psychology, or programs offering combinations of two or more of these areas; or
(B) A professional psychology training program, awarded by an institution of higher education, or from a regionally accredited institution;
(2) The applicant for licensure shall demonstrate that the applicant has completed one year of post doctoral supervised experience in health service in psychology, and:
(A) An internship approved by the American Psychological Association; or
(B) One year of supervised experience in health service in psychology, in an internship or residency program in an organized health service training program; and
(3) The applicant for
licensure has passed an examination as may be prescribed by the board[.];
provided that the applicant shall not be required to complete the requirements of paragraph (2) to be eligible to take the examination required in paragraph (3)."
SECTION 27. Section 465-7.6, Hawaii Revised Statutes, is amended to read as follows:
"§465-7.6 Licensure of state employed clinical psychologists. (a) A psychologist employed in a civil service clinical psychologist position in this State after January 1, 1988, shall be licensed subject to:
(1) Meeting the requirements of section 465-7; and
(2) Obtaining
licensure within two years from the date of employment[.];
provided that, if the psychologist is not able to
obtain licensure within two years, the board may grant a waiver if the
psychologist can demonstrate that the delay was caused by circumstances beyond the
psychologist's control.
(b)
[After] Absent a waiver obtained pursuant to subsection (a),
after the time period in subsection (a)(2) has expired, a psychologist,
employed in a civil service clinical psychologist position rendering diagnostic
or treatment services, who has not obtained a license, shall immediately cease
and desist the practice of psychology until a license is obtained pursuant to
this chapter."
SECTION 28. Section 465-8, Hawaii Revised Statutes, is amended to read as follows:
"§465-8 Licenses, issuance,
display. Upon the board forwarding
to the director the name of each applicant who is entitled to a license under
this chapter and upon receipt of the prescribed fee, the director shall
promptly issue to each applicant a license authorizing the applicant to engage
in the practice of psychology for a period of two years. The license shall be in the form as the
director shall determine. A licensed
psychologist or associate psychologist shall display the license in a
conspicuous place in the psychologist's or associate psychologist's
principal place of business[.]; provided that a provisional license
shall include the name and title of the supervising licensed psychologist or
psychologists."
SECTION 29. Section 465-11, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Every license issued under this chapter shall
be renewed biennially on or before June 30 of each even-numbered year. Failure to renew a license shall result in forfeiture
of the license; provided that a psychologist whose license has been forfeited
for one year or less for failure to renew may restore the license by payment of
the renewal fee and, in the case of a psychologist who is audited, pursuant to subsection
(g), submission of documentation of continuing education compliance, for the
biennium in which the failure occurred[.]; provided further that the
board may grant a waiver or extension if the licensee can demonstrate that the
delay was caused by circumstances beyond the licensee's control. If licensing has lapsed for more than one
year, the person may reapply for a license in the manner prescribed in this
chapter."
2. By amending subsection (d) to read:
"(d) First-time licensees and provisional licensees pursuant to section 465- shall not be subject to the continuing education requirement established under subsection (c)(2) for the first license renewal."
SECTION 30. Section 465-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person shall:
(1) Use in connection with the person's name any designation tending to imply that the person is a licensed psychologist or licensed associate psychologist unless the person is duly licensed and authorized under this chapter;
(2) Represent oneself as a licensed psychologist or licensed associate psychologist during the time the person's license issued under this chapter is suspended or revoked;
(3) Advertise or make
a representation, either publicly or privately, as being a psychologist[,]
or associate psychologist, licensed or otherwise, or as being able to
perform professional services described in section 465-1, except as otherwise
provided in this chapter, without having a valid unrevoked license or temporary
permit issued by the director; or
(4) Otherwise violate this chapter."
PART IV
SECTION 31. Section 467E-7, Hawaii Revised Statutes, is amended to read as follows:
"§467E-7 Licensing requirements[.]; services
reimbursable. (a) Every applicant for a license as a social
worker shall submit evidence satisfactory to the director that the applicant
meets the following requirements:
(1) For the licensed bachelor social worker, the applicant:
(A) Holds a bachelor's degree from a college or university in a social work program accredited by or deemed to be equivalent to a program accredited by the Council on Social Work Education; and
(B) Has passed the basic level national examination given by the Association of Social Work Boards;
(2) For the licensed social worker, the applicant:
(A) Holds a master's degree from a college or university in a social work program accredited by or deemed to be equivalent to an accredited program by the Council on Social Work Education or a doctoral degree from a doctoral degree program in social work accredited by the Western Association of Schools and Colleges or a comparable regional accreditation body; and
(B) Has passed the intermediate or higher level national examination given by the Association of Social Work Boards; and
(3) For the licensed clinical social worker, the applicant:
(A) Has met the educational requirements in paragraph (2);
(B) Has passed the clinical level national examination given by the Association of Social Work Boards;
(C) Has provided evidence of successful completion of at least three thousand hours of post masters clinical social work experience under supervision completed within no fewer than two years, but within no more than five years. Clinical social work experience shall include a minimum of two thousand hours of assessment, clinical diagnosis, and psychotherapy; no more than a maximum of nine hundred hours of client-centered advocacy, consultation, and evaluation; and at least one hundred hours of supervision as follows:
(i) At least sixty of the one hundred hours of direct face-to-face supervision shall have been individualized supervision; and
(ii) Not more than forty hours of direct face‑to‑face supervision may have been under small group (up to six supervisees) supervision.
An applicant who submits evidence of certification as a qualified clinical social worker or diplomate in clinical social work by the National Association of Social Workers or as a board certified diplomate by the American Board of Examiners shall be deemed to have satisfied the experience requirements of this subparagraph;
(D) For the purposes of subparagraph (C), shall have had clinical supervision as follows:
(i) The supervisor shall have been a licensed clinical social worker with at least four thousand five hundred hours of post masters clinical social work experience;
(ii) For the first five years after July 1, 2004, the following individuals shall be deemed to have satisfied the requirements of a supervisor: a person with a master's degree in social work with at least four thousand five hundred hours post masters clinical social work experience; an individual who holds a diplomate in clinical social work or a board certified diplomate certification; or a board certified psychiatrist, psychologist, advanced practice registered nurse who has a minimum of four thousand five hundred hours of post masters clinical experience in assessment, clinical diagnosis, and psychotherapy; and
(iii) Supervision shall have included review of assessment, clinical diagnosis, and psychotherapy; and
(E) In collaboration with the supervisor, may elect to fulfill some or all of the supervision requirements set forth in subparagraph (C) through face-to-face supervision that is conducted electronically through a video conference service that is compliant with all federal and state privacy, security, and confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996. Prior to making such an election, it is incumbent upon the applicant to review the laws and rules of other jurisdictions to determine the impact, if any, that electronic supervision may have on license by endorsement in other states.
(b) Services provided by a supervised social work
intern obtaining post-masters clinical social work experience under the
supervision of a licensed clinical social worker, or individual identified in subsection
(a)(3)(D), to qualify for a license as a licensed clinical social worker shall
be eligible for insurance reimbursement if:
(1) The supervising
licensed clinical social worker's services are eligible for reimbursement as a
contracted provider; and
(2) The billed rate for the social work intern is commensurate with the requisite level of training."
PART V
SECTION 32. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 33. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 34. This Act shall take effect upon its approval; provided that any provision in this Act authorizing insurance reimbursement for services shall be subject to approval by the Centers for Medicare and Medicaid Services.
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Report Title:
Mental Health; Provisional Licensure; Marriage and Family Therapists; Mental Health Counselors; Psychologists; Licensed Clinical Social Workers; Insurance Reimbursement
Description:
Establishes
provisional or associate level licensure requirements for marriage and family
therapists, mental health counselors, and psychologists. Authorizes insurance reimbursements for
associate family therapists, associate mental health counselors, associate
psychologists, and supervised social work interns, in certain circumstances. Allows psychologist license applicants to sit
for the licensing examination before completing other requirements.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
