Honolulu, Hawaii

, 2021


RE: H.B. No. 471

H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 471 entitled:




begs leave to report as follows:


The purpose of this measure is to make permanent the regulation of behavior analysts under chapter 465D, Hawaii Revised Statutes.


Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Department of Health, Hawaii Disability Rights Center, Hawaii Association for Behavior Analysis, Autism Speaks Volunteer Advocacy Ambassador, Together For Our Keiki, Hawaii State Teachers Association, and numerous individuals. Your Committee received comments on this measure from the Department of Education.


Your Committee finds that Act 199, Session Laws of Hawaii 2015 (Act 199), enacted a regulatory structure for the practice of applied behavior analysis that included a licensing process and licensing requirements for behavior analysts. There are currently over three hundred licensed behavior analysts in the State who provide services to thousands of children and adults. However, your Committee notes that the regulation of behavior analysts is scheduled to sunset on June 30, 2021.

Your Committee further finds that a December 2020 report from the Office of the Auditor found that the current licensing requirement for behavior analysts is reasonably necessary to protect the health, safety, and welfare of children and adults receiving services from a behavior analysts. Accordingly, this measure removes the sunset date of Act 199, thereby making permanent the regulation of behavior analysts.


Your Committee has amended this measure by changing the effective date to January 1, 2050, to encourage further discussion.


Your Committee notes that a June 29, 2021, effective date for this measure is necessary to prevent repeal of the regulation of behavior analysts.


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 H.B. No. 471, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 471, H.D. 1.



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