STAND. COM. REP. NO. 1935

 

Honolulu, Hawaii

, 2019

 

RE: S.B. No. 341

S.D. 2

H.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 341, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATED TO THE PRACTICE OF BEHAVIOR ANALYSIS,"

 

begs leave to report as follows:

 

The purpose of this measure is to clarify the exemptions from behavior analyst licensing requirements for general and special education teachers and registered behavior technicians.

 

The Hawaii State Teachers Association, Hawaii Psychological Association, Alakai Na Keiki, Inc., and two concerned individuals submitted testimony in support of this measure. The University of Hawaii System submitted testimony in opposition. The Department of Education and Hawaii Association for Behavior Analysis submitted comments.

 

Your Committee has amended this measure by:

 

(1) Specifying that licensed special education teachers are exempt from the behavior analyst licensing requirements without having to collaborate with a licensed behavior analyst or licensed psychologist as long as the services performed are within their scope of education, training, and practice;

 

(2) Changing the sunset date for the exemption for direct support workers under the supervision of a licensed behavior analyst from January 1, 2020, to July 1, 2020;

 

(3) Exempting direct support workers under the supervision of a licensed psychologist indefinitely;

 

(4) Requiring the Department of Education to seek approval from the Centers for Medicare and Medicaid Services to amend the Hawaii Medicaid State Plan for reimbursement of behavior analysis services rendered to medicaid-eligible students; and

 

(5) Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 341, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 341, S.D. 2, H.D. 2.

 

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

 

 

 

 

____________________________

ROY M. TAKUMI, Chair