Honolulu, Hawaii


RE: S.B. No. 2281

S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii




Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2281 entitled:




begs leave to report as follows:


The purpose and intent of this measure is to repeal the sunset date on the regulation of behavior analysis.


Your Committee received testimony in support of this measure from the Department of Education, Hawaii Psychological Association, Hawaii Association for Behavior Analysis, Hawaii Disability Rights Center, Hawaii State Teachers Association, Special Education Advisory Council, and five individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs.


Your Committee finds that behavior analysis means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The practice of behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, including the use of motivating operations, positive reinforcement, and other methods to help people develop positive behaviors. Act 199, Session Laws of Hawaii 2015 (Act 199), established the licensing requirements for behavior analysts in the State. Since the enactment of Act 199, hundreds of behavior analysts have become licensed and thousands of children with autism are now receiving access to applied behavior analysis. This measure will help continue the licensure program of behavior analysts to protect the public from the unqualified practice of behavior analysis and from unprofessional conduct by behavior analysts.


Your Committee has heard the testimony that this measure should be subject to an evaluation and report by the Auditor. Your Committee has also heard the testimony in support of this measure that nearly one thousand five hundred public school students are currently diagnosed as having autism spectrum disorder and that behavior analysts provide critical assistance to these students and their teachers. Because the number of licensed behavior analysts in the State has steadily grown due to present demands, now is the appropriate time to formalize the licensing requirements for this field to ensure that these important services are continued for those who require them.


Accordingly, your Committee has amended this measure by:


(1) Inserting language that exempts this measure from the evaluation and report requirements of section 26H-5, Hawaii Revised Statutes; and


(2) Making technical, nonsubstantive amendments for purposes of clarity and consistency.


As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2281, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2281, S.D. 1, and be placed on the calendar for Third Reading.


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