Bill Text: HI SB538 | 2019 | Regular Session | Amended
Bill Title: Relating To Mental Health.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2019-02-07 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB538 Detail]
Download: Hawaii-2019-SB538-Amended.html
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THE SENATE |
S.B. NO. |
538 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 577-29, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) Notwithstanding any other law to the contrary, a minor who is fourteen years of age or older may consent to mental health treatment or counseling services provided by a licensed mental health professional or mental health professional if, in the opinion of the licensed mental health professional, the minor is mature enough to participate intelligently in the mental health treatment or counseling services; provided that the consent of the minor's parent or legal guardian shall be required to prescribe medication to the minor or to place the minor into an out-of-home or residential treatment program.
(b)
The mental health
treatment or counseling services provided to a minor as authorized by
this section shall include involvement of the minor's parent or legal guardian,
unless the licensed mental health professional[,] or the mental
health professional, after consulting with the minor, determines that the
involvement would be inappropriate. The
licensed mental health professional or the mental health professional shall
state in the client record whether and when the treating clinician attempted to
contact the minor's parent or legal guardian, and whether the attempt to
contact was successful or unsuccessful, or the reason why, in the treating
licensed mental health professional's opinion[,] or the mental health
professional's opinion, it would be inappropriate to contact the minor's
parent or guardian."
2. By amending subsection (f) to read:
"(f) [As used in] For purposes of this
section:
"Licensed
mental health professional" means [any of the following:] a
person who provides counseling as part of the following professions:
(1) A [person]
licensed [as a] mental health counselor pursuant to chapter 453D;
(2) A [person]
licensed [as a] marriage and family therapist pursuant to chapter 451J;
(3) A licensed clinical
social worker [licensed] pursuant to chapter 467E;
(4) A [person
licensed as a] psychologist licensed pursuant to chapter 465;
(5) A [board
certified, or board eligible, licensed psychiatrist;] physician licensed
pursuant to chapter 453; or
(6) An advanced practice registered nurse licensed pursuant to chapter 457 who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization.
"Mental health professional"
means a person who is working under the supervision of a licensed mental health
professional and is either enrolled in an accredited training program or has completed
all licensing requirements except the hours of supervised post-degree
experience or the examination required for state licensure, or both, for licensed
mental health counselors pursuant to chapter 453D, for licensed marriage and
family therapists pursuant to chapter 451J, for clinical social workers
pursuant to chapter 467E, for psychologists pursuant to chapter 465, or for
advanced practice registered nurses pursuant to chapter 457.
"Mental health treatment or counseling
services" means the provision of outpatient mental health treatment or
counseling by a licensed mental health professional[.] or a
mental health professional."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Mental Health Services; Minors; Interns; Mental Health Professionals
Description:
Authorizes mental health professionals who are enrolled in an accredited training program or have completed all licensing requirements except for experience hours or the licensing examination, or both, and are under the supervision of a licensed mental health professional, to provide minor-initiated mental health treatment or counseling services without the consent of the minor's parent or legal guardian. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
