Hawaii-2014-HB2208-Introduced

SECTION 1. The legislature finds that the profession of psychologists has been regulated in the State since 1967. Unlike other licensed professions, continuing education credit hours are not currently required for psychologists to renew their licenses.

The legislature further finds that psychologists provide critically needed services in treatment of a broad spectrum of patients. It is therefore essential that psychologists maintain their professional competency and keep abreast of the latest developments in their profession. Requiring continuing education courses for psychologists who are renewing their licenses will give assurance to patients that psychologists are current with the latest developments in their field.

The purpose of this Act is to require licensed psychologists in Hawaii to complete a minimum of eighteen credit hours of continuing education courses for the licensing renewal period beginning July 1, 2014, though June 30, 2016, three credit hours of which shall be in ethics courses.

SECTION 2. Section 465-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Continuing education courses" means courses offered by a regionally accredited institution of higher education or an accredited American Psychological Association sponsor.

"Credit hour" means, except as otherwise provided, the value assigned to fifty minutes of instruction.

"Ethics courses" include ethic theory, ethical reasoning, ethical principles, ethical dilemmas, scientific ethics, and professional ethics."

SECTION 3. Section 465-11, Hawaii Revised Statutes, is amended to read as follows:

"§465-11 Renewals. (a) Every license issued under this chapter shall be renewed biennially on or before June 30 of each even-numbered year. Failure to renew a license shall suspend the license; provided that a psychologist whose license has been suspended for failure to renew may reinstate the license by payment of the renewal fee for the biennium in which the failure occurred, [~~and provided that~~] the period of suspension is not greater than one year[.], and documentary proof of compliance with continuing education requirements is provided. If licensing has lapsed for more than one year, the person may reapply for a license in the manner prescribed in the previous sections of this chapter.

(b) A psychologist in good standing who will not be practicing in the State for at least one year may petition the board to have the psychologist's license placed on inactive status without penalty. When the psychologist wishes to return to practice, an application shall be made to the board for reinstatement upon payment of the license fee for the biennial period [~~and~~], documentary proof of compliance with continuing education requirements, and subject to the board's review of the application as provided in its rules.

(c) Beginning with the renewal for the licensing biennium commencing on July 1, 2014, through June 30, 2016, each licensee shall:

(1) Pay all required fees; and

(2) Complete a minimum of eighteen credit hours of continuing education courses within the renewal period; provided that a minimum of three credit hours shall be in ethics courses.

(d) A first time licensee shall not be subject to the continuing education requirement for the first license renewal.

(e) The director of commerce and consumer affairs may conduct random audits of licensees to determine compliance with the continuing education requirement. The director shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the director with documentation verifying compliance with the continuing education requirement established by this section."

SECTION 4. Section 465-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other actions authorized by law, the board shall refuse to grant a license to any applicant and may revoke or suspend any license, or may place a license, or may put a license holder on conditional probation, for any cause authorized by law, including but not limited to the following:

(1) Professional misconduct, gross carelessness, manifest incapacity, or incompetency in the practice of psychology;

(2) Violation of this chapter by the applicant within one year of the application, or violation of this chapter by a license holder any time the license is valid;

(3) Any unethical practice of psychology as defined by the board in accordance with its own rules;

(4) Fraud or deception in applying for or procuring a license to practice psychology as defined in section 465-1;

(5) Conviction of a crime substantially related to the qualifications, functions, or duties of psychologists;

(6) Wilful unauthorized communication of information received in professional confidence;

(7) The suspension, revocation, or imposition of probationary conditions by another state of a license or certificate to practice psychology issued by that state if the act for which the disciplinary action was taken constitutes a violation of this chapter;

(8) The commission of any dishonest, corrupt, or fraudulent act or any act of sexual abuse, or sexual relations with a client, or sexual misconduct that is substantially related to the qualifications, functions, or duties of a psychologist;

(9) Harassment, intimidation, or abuse, sexual or otherwise, of a client or patient;

(10) Exercising undue influence in the manner as to exploit the client, patient, student, or supervisee for financial or other personal advantage to the practitioner or a third party;

(11) Conviction of fraud in filing medicaid claims or conviction of fraud in filing claims to any third party payor, for which a copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence;

(12) Aiding or abetting any unlicensed person, other than doctoral trainees working for psychologists, to engage in the practice of psychology;

(13) Repeated acts of excessive treatment or use of diagnostic procedures as determined by the standard of the local community of licensees;

(14) Inability to practice psychology with reasonable skill and safety to patients or clients by reason of illness, inebriation, or excessive use of any substance, or as a result of any mental or physical condition;

(15) Conviction of any crime or offense that reflects the inability of the practitioner to practice psychology with due regard for the health and safety of clients or patients;

(16) Use of untruthful or deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment;

(17) Functioning outside of the licensee's professional competence established by education, training, and experience;

(18) Refusal to comply with any written order of the board;

(19) Making any fraudulent or untrue statement to the board; [or]

(20) Violation of a board rule[.]; or

(21) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement."

SECTION 5. The director of commerce and consumer affairs shall provide written notice of the contents of this Act to all persons licensed under chapter 465, Hawaii Revised Statutes, no later than October 1, 2014.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2014.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2208
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII