STAND. COM. REP. 475

Honolulu, Hawaii

, 2003

RE: H.B. No. 1412

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 1412, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROFESSIONAL COUNSELORS,"

begs leave to report as follows:

The purpose of this bill is to protect consumers by:

(1) Establishing a licensing program for professional counselors;

(2) Providing penalties for use of the title "licensed professional counselor" without a valid license; and

(3) Establishing a Professional Counselors Licensing Program Startup Trust Fund (Startup Fund) to receive gifts, bequests, and other contributions of money for the initial costs of implementing the program.

Your Committee received testimony in support of this bill from the Alliance for Professional Counselor Licensure, Hawaii Youth Services Network, Hawaii Rehabilitation Counseling Association, National Association of Social Workers, and a number of concerned individuals. The Professional and Vocational Licensing Division of the Department of Commerce and Consumer Affairs testified in opposition to the bill. The Hawaii Government Employees Association and a concerned individual testified in opposition and suggested amendments.

Your Committee heard competing testimony on this bill. Those supporting the measure testified that the bill would:

(1) Protect the public by ensuring that professional counselors possess appropriate qualifications and follow ethical standards of the profession;

(2) Increase the number of persons available for employment by the Department of Education (DOE) and Department of Health (DOH), by allowing professional counselors to qualify for positions that currently require a license; and

(3) Allow professional counselors to compete on even footing with other licensed professionals with equivalent qualifications, who are purportedly provided favorable treatment under the hiring policies of DOE and DOH.

Those testifying in opposition stated that:

(1) The Auditor determined in three sunrise reports that there was little evidence of consumer harm, and that regulation would benefit counselors and not consumers and was not warranted;

(2) Licensed professional counselors do not qualify as mental health providers under Medicare and will not be able to draw down federal funds unless a bill currently pending in Congress is passed;

(3) The bill's "grandfather" provision exempts professional counselors from all licensing requirements, is broader than comparable provisions in the licensing laws, and would defeat the consumer protection purpose of the bill;

 

(4) The bill requires at least a master's degree in excess of minimum qualifications under federal law, and of DHS qualifications for positions in Vocational and Rehabilitation Services for the Blind Division. This would adversely impact the State's ability to serve individuals with disabilities, because it will not be able to compete with the private sector for licensed professional counselors; and

(5) The Startup Fund is unique and unlike any other fund for a regulated profession or vocation because it uses private, special interest moneys rather than general funds.

Your Committee finds that this bill is the same measure that was passed by the Legislature in 2002 and was vetoed by the Governor, who cited the bill's effect on DOH's ability to provide services to persons with disabilities as well as the unique nature of the Startup Fund.

Upon reflection, your Committee has amended this bill by:

(1) Exempting professional counselors employed by the State or its political subdivisions or instrumentalities from the law; and

(2) Changing the effective date of the bill to July 1, 2050, to allow further consideration and discussion of these matters.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1412, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1412, H.D. 2.

 

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

 

____________________________

KENNETH T. HIRAKI, Chair