REPORT TITLE:
Psychology Licensure Exemption


DESCRIPTION:
Clarifies that a licensed professional other than a psychologist
may perform or advertise services for psychotherapy if the
service is within the licensee's authorized scope of practice and
the licensee does not represent that the licensee is a
psychologist or licensed to practice psychology.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2485
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EXEMPTIONS FOR PSYCHOLOGIST LICENSURE.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 465-3, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  This chapter shall not apply to:
 
 4      (1)  Any person teaching, lecturing, consulting, or engaging
 
 5           in research in psychology insofar as the activities are
 
 6           performed as part of or are dependent upon employment
 
 7           in a college or university; provided that the person
 
 8           shall not engage in the practice of psychology outside
 
 9           the responsibilities of the person's employment;
 
10      (2)  Any person who performs any, or any combination of the
 
11           professional services defined as the practice of
 
12           psychology under the direction of a licensed
 
13           psychologist in accordance with rules adopted by the
 
14           board; provided that the person may use the term
 
15           "psychological assistant", but shall not identify the
 
16           person's self as a psychologist or imply that the
 
17           person is licensed to practice psychology;
 
18      (3)  Any person employed by a local, state, or federal
 
19           government agency in a school psychologist or
 
20           psychological examiner position, or a position that
 

 
Page 2                                                     2485
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                                                        S.D. 1
                                                        


 1           does not involve diagnostic or treatment services, but
 
 2           only at those times when that person is carrying out
 
 3           the functions of such government employment;
 
 4      (4)  Any person who is a student of psychology, a
 
 5           psychological intern, or a resident in psychology
 
 6           preparing for the profession of psychology under
 
 7           supervision in a training institution or facility and
 
 8           who is designated by a title as "psychology trainee",
 
 9           "psychology student", "psychology intern", or
 
10           "psychology resident", that indicates the person's
 
11           training status; provided that the person shall not
 
12           identify the person's self as a psychologist or imply
 
13           that the person is licensed to practice psychology;
 
14      (5)  Any person who is a member of another profession
 
15           licensed under the laws of this jurisdiction to render
 
16           or advertise services, including psychotherapy, within
 
17           the scope of practice as defined in the statutes or
 
18           rules regulating the person's professional practice;
 
19           provided that, notwithstanding section 465-1, the
 
20           person does not represent the person's self to be a
 
21           psychologist or does not represent that the person is
 
22           licensed to practice psychology[, as defined in this
 
23           chapter];
 

 
Page 3                                                     2485
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        


 1      (6)  Any person who is a member of a mental health
 
 2           profession not requiring licensure; provided that the
 
 3           person functions only within the person's professional
 
 4           capacities; and provided further that the person does
 
 5           not represent the person to be a psychologist, or the
 
 6           person's services as psychological; or
 
 7      (7)  Any person who is a duly recognized member of the
 
 8           clergy; provided that the person functions only within
 
 9           the person's capacities as a member of the clergy; and
 
10           provided further that the person does not represent the
 
11           person to be a psychologist, or the person's services
 
12           as psychological."
 
13      SECTION 2.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 3.  This Act shall take effect upon its approval.