SECTION 1. The legislature finds that psychological services should be updated to adequately align current policy and reflect developments in the professional training of psychologists and the ethical practice of psychology. Updated definitions should clarify and standardize support services provided to individuals, groups of individuals, and organizations, and should provide consistent interpretation of responsibilities and requirements for psychological services provided to the public.

The legislature further finds that the American Psychological Association has been recognized by the State as providing guidance on licensure requirements. The American Psychological Association revised its Model Licensure Act in 2010 to ensure psychologists keep pace with emerging issues and increase competencies. The American Psychological Association's Ethical Principles of Psychology and Code of Conduct, adopted in 2002, serves as the resource for an ethical course of action and conduct of psychologists. The code of conduct also provides guidance and standards of professional conduct.

The purpose of this Act is to update chapter 465, Hawaii Revised Statutes, by adding or amending definitions relevant to psychologists, reflecting recent developments in the practice of psychology, and incorporating guidelines and standards for professional conduct for psychologists.

SECTION 2. Section 465-1, Hawaii Revised Statutes, is amended as follows:

1. By adding three new definitions to be appropriately inserted and to read:

""Applied psychologist" means a person who provides health-related services to individuals or those who provide other services to individuals or organizations. Rules adopted by the board shall account for variations in relevant training, supervision, and practice for applied psychologists.

"General applied psychologist" means an applied psychologist who provides psychological services outside of the health and mental health field and includes:

(1) The provision of direct services to individuals and groups, using psychological principles, methods, or procedures to assess and evaluate individuals on personal abilities and characteristics for individual development, behavior change, or decision making about the individual, such as selection, individual development, promotion, or reassignment, for purposes of enhancing individual or organizational effectiveness; and

(2) The provision of services to organizations that are provided for the benefit of the organization and do not involve direct services to individuals, such as job analysis; attitude/opinion surveys; selection testing, meaning group administration of standardized tests in which responses are mechanically scored and interpreted; selection validation studies; designing performance appraisal systems; training; organization design; advising management on human behavior in organizations; organizational assessment; diagnosis and intervention of organizational problems; and related services.

"Health service provider" means a psychologist duly trained and experienced in the delivery of preventive, assessment, diagnostic, therapeutic intervention, and management services relative to the psychological and physical health of consumers and requires:

(1) Completion of scientific and professional training resulting in a doctoral degree in psychology;

(2) Completion of an internship and supervised experience in health care settings; and

(3) Licensure as a psychologist at the independent practice level."

2. By amending the definitions of "practice of psychology" and "psychologist" to read:

""Practice of psychology" means the observation, description, evaluation, interpretation, [or] and modification of human behavior by the application of psychological principles, methods, [or] and procedures, for the purpose of: preventing [or], eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior [~~and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health.~~]; evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness, including personal effectiveness, adaptive behavior, interpersonal relationships, work and life adjustment, health, and individual, group, or organizational performance; or assisting in legal decision making. The practice of psychology includes[,] but is not limited to[,]: psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, cognitive, physical, or emotional abilities, skills, interests, aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis [~~and~~], treatment, and management of mental and emotional disorder or disability, [~~alcoholism and~~] substance [~~abuse, and~~] use disorders, disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury, or disability; [~~and~~] psychoeducational evaluation, therapy, and remediation[~~, and consultation. Psychological services may be rendered to individuals, families, groups, organizations, institutions, and the public.~~]; consultation with physicians, other health care professionals, and patients regarding all available treatment options, including medication, with respect to provision of care for a specific patient or client; provision of direct services to individuals or groups for the purpose of enhancing individual and organizational effectiveness, using psychological principles, methods, or procedures to assess and evaluate individuals on personal characteristics for individual development or behavior change, or for making decisions about the individual, such as selection; and the supervision of any of the principles, methods, and procedures herein. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.

"Psychologist" means [~~a person who offers to the public or renders to individuals or to groups of individuals services defined as the practice of psychology. A~~]: any person licensed as a psychologist under this chapter; and any general applied psychologist whose practice areas are specifically exempted under this chapter. The term includes any person who represents to be a psychologist if the person uses any title or description of services incorporating the words "psychology", "psychological", or "psychologist"[~~, or "psychotherapy",~~]; if the person uses any term that implies the person possesses expert qualification in any area of psychology; or if the person offers to the public or renders to individuals or to groups of individuals services defined as the practice of psychology. The title "psychologist" may also be used by individuals who are exempt from licensure as specified pursuant to section 465-3: in their roles as teachers, researchers, or general applied psychologists acting outside the licensed scope of practice; or if those individuals hold a doctoral degree in psychology from an accredited institution of higher education and use the title in conjunction with activities exempt from licensure under section 465-3."

SECTION 3. Section 465-2, Hawaii Revised Statutes, is amended to read as follows:

"§465-2 License required. Except as otherwise provided in this chapter, it shall be unlawful to represent one's self as a psychologist or engage in the practice of psychology or practice as a health service provider without having first obtained a license as provided in this chapter."

SECTION 4. Section 465-3, Hawaii Revised Statutes, is amended to read as follows:

"§465-3 Exemptions. (a) This chapter shall not apply to:

(1) Any person teaching, lecturing, consulting, or engaging in research in psychology insofar as the activities are performed as part of or are dependent upon employment in a college or university; provided that the person shall not engage in the practice of psychology outside the responsibilities of the person's employment;

(2) Any person who performs any, or any combination of the professional services defined as the practice of psychology under the direction of a licensed psychologist in accordance with rules adopted by the board; provided that the person may use the term "psychological assistant", but shall not identify the person's self as a psychologist or imply that the person is licensed to practice psychology;

(3) Any person employed by a local, state, or federal government agency in a school psychologist or psychological examiner position, or a position that does not involve diagnostic or treatment services, but only at those times when that person is carrying out the functions of such government employment;

(4) Any person who is a student of psychology, a psychological intern, or a resident in psychology preparing for the profession of psychology under supervision in a training institution or facility and who is designated by a title as "psychology trainee", "psychology student", "psychology intern", or "psychology resident", that indicates the person's training status; provided that the person shall not identify the person's self as a psychologist or imply that the person is licensed to practice psychology;

(5) Any person who is a member of another profession licensed under the laws of this jurisdiction to render or advertise services, including psychotherapy, within the scope of practice as defined in the statutes or rules regulating the person's professional practice; provided that, notwithstanding section 465-1, the person does not represent the person's self to be a psychologist or does not represent that the person is licensed to practice psychology;

(6) Any person who is a member of a mental health profession not requiring licensure; provided that the person functions only within the person's professional capacities; and provided further that the person does not represent the person to be a psychologist, or the person's services as psychological;

(7) Any person who is a duly recognized member of the clergy; provided that the person functions only within the person's capacities as a member of the clergy; and provided further that the person does not represent the person to be a psychologist, or the person's services as psychological; or

(8) Any psychologist employed by the United States Department of Defense, while engaged in the discharge of the psychologist's official duty and providing direct telehealth support or services, as defined in section 431:10A-116.3, to neighbor island beneficiaries within a Hawaii National Guard armory on the island of Kauai, Hawaii, Molokai, or Maui; provided that the psychologist employed by the United States Department of Defense is credentialed by Tripler Army Medical Center.

(b) Nothing in this chapter shall in any way restrict any person from carrying on any of the psychological activities as defined in section 465-1; provided that such person does not offer psychological services as defined in this chapter except as such activities are incidental to the person's lawful occupational purpose.

(c) [~~A person may use the title of industrial/organizational psychologist, provided that the person~~] Nothing in this chapter shall prevent a person from practicing as a general applied psychologist so long as the person providing these services registers with the board, and:

(1) Is professionally competent in the practice of [~~industrial/organizational~~] psychology; and

(2) Holds a doctoral degree from an accredited institution of higher education with training and education in [~~industrial/organizational~~] psychology, satisfactory to the board; and

(3) Provides psychological service or consultation to organizations which does not involve the delivery or supervision of direct psychological services to individuals or groups of individuals, without regard to the source or extent of payment for services rendered.

(d) Nothing in this chapter shall prevent the provision of expert testimony by a psychologist who is otherwise exempted by this chapter.

(e) Nothing in this chapter shall be construed as permitting the administration or prescription of drugs, or in any way engaging in the practice of medicine as defined in the laws of the State.

(f) Nothing in this chapter shall be construed to prevent the teaching of psychology or the conduct of psychological research; provided that such teaching or research does not involve the delivery or supervision of direct psychological services."

SECTION 5. Section 465-6, Hawaii Revised Statutes, is amended to read as follows:

"§465-6 Powers and duties. In addition to any other powers and duties authorized by law, the board shall:

(1) Examine the qualifications of applicants for licensing under this chapter to determine their eligibility for licensing as psychologists;

(2) Administer and grade examinations for applicants as may be required for the purposes of this chapter. The board shall determine the examinations and the score that shall be deemed a passing score. Examinations shall be scheduled at least once annually;

(3) Keep a record of action taken on all applicants for licensing; the names of all persons licensed; petitions for temporary permits; actions involving suspension, revocation, or denial of licenses; decisions on waiver of examination in whole or in part and receipt and disbursal of any moneys; [~~and~~]

(4) Ensure, through rules and enforcement, that licensees limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience;

(5) Develop structures to ensure that psychologists undertake ongoing efforts to maintain competence and ethical practice;

(6) Adopt as the board's standard of conduct the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct; and

[~~(4)~~] (7) Adopt, amend, and repeal pursuant to chapter 91, rules as it deems proper for the purposes of this chapter."

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

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	829
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII