HOUSE OF REPRESENTATIVES

H.B. NO.

2906

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PSYCHOLOGICAL TESTING.

 

 

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

 


     SECTION 1.  Section 451J-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Psychological testing" means the use of samples of behavior in order to assess psychological constructs, such as cognitive and emotional functioning, about a given individual."

     SECTION 2.  Section 457-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Psychological testing" means the use of samples of behavior in order to assess psychological constructs, such as cognitive and emotional functioning, about a given individual."

     SECTION 3.  Section 465-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Psychological testing" means the use of samples of behavior in order to assess psychological constructs, such as cognitive and emotional functioning, about a given individual."

     SECTION 4.  Section 467E-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Psychological testing" means the use of samples of behavior in order to assess psychological constructs, such as cognitive and emotional functioning, about a given individual."

     SECTION 5.  Section 451J-1, Hawaii Revised Statutes, is amended by amending the definition of "marriage and family therapy practice" to read as follows:

     ""Marriage and family therapy practice" means the application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, or families in order to diagnose and treat mental, emotional, and nervous disorders, whether these are behavioral, cognitive, or affective, within the context of the individual's relationships.  Marriage and family therapy is offered directly to the general public or through organizations, either public or private, for a fee or through pro bono work.  Marriage and family therapists assist individuals, couples, and families to achieve more adequate, satisfying, and productive social relationships, enable individuals to improve behavioral or psychological functioning, and help individuals reduce distress or disability.  Marriage and family therapy includes but is not limited to:

     (1)  Assessment and diagnosis of presenting problems through inquiry, observation, psychological testing, evaluation, integration of diagnostic information from adjunctive resources, description, and interpretation of verbal and non-verbal communication, thought processes, beliefs, affect, boundaries, roles, life cycle stages, family interaction patterns, economic, social, emotional, and mental functioning, in order to identify specific dysfunctions and to identify the presence of disorders as identified in the Diagnostic and Statistical Manual of Mental Disorders;

     (2)  Designing and developing treatment plans by incorporating and integrating recognized family system theories, communication principles, crisis counseling principles, cognitive and behavioral counseling principles, or psychotherapeutic techniques in establishing short- and long-term goals and interventions collaboratively with the client; and

     (3)  Implementing and evaluating the course of treatment by incorporating family systems theories to assist individuals, couples, and families to achieve more adequate, satisfying, and productive social relationships, to enable individuals to improve behavioral or psychological functioning, and to help individuals reduce distress or disability by improving problem solving skills, decision making skills, communication and other relationship interaction patterns, identification of strengths and weaknesses, understanding or resolution of interpersonal or intrapersonal issues, recognition, development, and expression of appropriate affect, and referral to adjunctive medical, psychological, psychiatric, educational, legal, or social resources."

     SECTION 6.  Section 453-5.3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The Hawaii medical board shall require each person practicing medicine under the supervision of a physician or osteopathic physician, other than a person licensed under section 453-3, to be licensed as a physician assistant.  A person who is trained to do only a very limited number of diagnostic or therapeutic procedures under the direction of a physician or osteopathic physician, other than psychological testing, shall not be deemed a practitioner of medicine or osteopathy and therefore does not require licensure under this section.

     (b)  The board shall establish medical educational and training standards with which a person applying for licensure as a physician assistant shall comply[.]; provided that a master's degree or doctoral degree in psychology, psychiatry, clinical social work, or related fields from an accredited institution shall be required for a physician assistant to engage in psychological testing.  The standards shall be at least equal to recognized national education and training standards for physician assistants.

     For the purposes of this subsection, "psychological testing" means the use of samples of behavior in order to assess psychological constructs, such as cognitive and emotional functioning, about a given individual."

     SECTION 7.  Section 457-2, Hawaii Revised Statutes, is amended by amending the definition of "advanced practice registered nurse" to read as follows:

     ""Advanced practice registered nurse" means a registered nurse who has met the qualifications for advanced practice registered nurse set forth in this chapter and through rules of the board, which shall include educational requirements.  An advanced practice registered nurse may be authorized to provide psychological testing to patients through rules adopted by the board."

     SECTION 8.  Section 467E-1, Hawaii Revised Statutes, is amended by amending the definition of "practice of social work" to read as follows:

     ""Practice of social work" means applying the formal knowledge base, theoretical concepts, specific functional skills, and essential social values that are used to effect change in human behavior, emotional responses, and social conditions, and helping individuals, couples, families, groups, and community organizations enhance or restore their capacities for personal and social functioning while preventing and controlling social problems.  Social work practice is the professional application of social work values, principles, ethics, and techniques in the following areas:

     (1)  Information, resource identification, referral services, mediation services, advocacy services, and education of individuals, groups, couples, and families;

     (2)  Preparation and evaluation of assessments and development and implementation of social work service plans;

     (3)  Case management, coordination, casework intervention, and monitoring of social work service plans in the areas of personal, social, or economic resources, conditions, or problems;

     (4)  Administration and development of social service programs, policies, community organization, planning, implementation, and involvement in the evaluation of social systems and social policies;

     (5)  Social work consultation and resource development;

     (6)  Research through the formal design and methodology of data collection and the analysis and evaluation of data, social work programs, social systems, and social policies;

     (7)  Psychosocial assessment, psychological testing, diagnostic impressions, treatment of individuals, couples, families, and groups, prevention of psychosocial dysfunction, disability, or impairment, including emotional, mental, and behavioral disorders, and evaluation of practice effectiveness; and

     (8)  Clinical diagnosis or psychotherapy, or both, provided by a licensed clinical social worker."

     SECTION 9.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect on January 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Psychological Testing; Professions and Occupations

 

Description:

Authorizes social workers, marriage and family therapists, advanced practice registered nurses, and physician assistants to engage in psychological testing, provided that they hold at least master's degrees.  Defines "psychological testing".

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.