Bill Text: HI SB818 | 2019 | Regular Session | Amended
Bill Title: Relating To School Psychologists.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2019-03-15 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on IAC with Representative(s) Okimoto voting aye with reservations; none voting no (0) and Representative(s) McKelvey, Nakamura, Quinlan, Takumi excused (4). [SB818 Detail]
Download: Hawaii-2019-SB818-Amended.html
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THE SENATE |
S.B. NO. |
818 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SCHOOL PSYCHOLOGISTS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that school psychologists
provide effective services to help children and youth succeed academically,
socially, behaviorally, and emotionally by providing direct educational and
mental health services for children and youth, as well as working with parents,
educators, and other professionals to create supportive learning and social environments
for all children.
Currently,
Hawaii is the only state without certification of licensure for school
psychologists. Without orderly
licensing, the State cannot ensure that functioning school psychologists are
properly qualified and delivering appropriate services. In addition, the State's failure to properly
license school psychologists means that by law the State is unable to seek
warranted reimbursements from the federal medicaid program for the use of
school psychologists in an educational setting.
Consequently, it is necessary to establish a licensure program to ensure
the employment of qualified school psychologists and to allow schools utilizing
school psychologists to properly seek available federal medicaid funds.
Additionally, the
present licensing statute for psychologists, pursuant to section 465-3(a)(3),
Hawaii Revised Statutes, does not apply to school psychologists in the public
sector, while school psychologists in the private sector are subject to
licensure. This inconsistency may cause
confusion and unfairness within the profession.
Because the State does not have certification of licensure for school
psychologists, it is important to specify the conditions in which a school
psychologist is exempt from licensure under chapter 465, Hawaii Revised
Statutes, to prevent potentially causing harm to students and others and to be
fair and consistent for persons within the profession.
Accordingly,
the purpose of this Act is to:
(1) Establish the licensure of school
psychologists to ensure the continued delivery of quality service to students
and the community; and
(2) Specify that school psychologists who are employed by an educational institution and practice only within a school setting shall be exempt from licensure under chapter 465, Hawaii Revised Statutes.
SECTION 2. Chapter 302A, part III, subpart D Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- School psychologists; license required. (a)
No person shall represent, announce, or advertise oneself, publicly or
privately, as a school psychologist or affix any other words, letters,
abbreviations, or insignia to the person's name indicating or implying that the
person is engaged in the practice of school psychology, without having first
obtained a license in the manner prescribed by the Hawaii teacher standards
board.
(b)
Before any applicant shall be eligible for a license, the applicant
shall file an application in a form as shall be prescribed by the board and pay
to the board an application fee and all other applicable fees."
SECTION 3. 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 imply that the person is licensed to practice psychology;
(3) Any person
employed by [a]:
(A) 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; provided that for a person
employed as a school psychologist under this subparagraph, the person is an
employee of an educational institution and practices only within a school
setting; or
(B) An
educational institution, including a private or sectarian educational
institution, in a school psychologist position and practices only within a
school setting;
(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 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 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 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 the person's services as psychological;
(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 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
School Psychologist; Licensure; School Setting; Hawaii Teacher Standards Board
Description:
Establishes licensure requirements for school psychologists to be administered by the Hawaii teacher standards board. Specifies that school psychologists who are employed by an educational institution and practice only within a school setting shall be exempt from licensure under chapter 465. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
