SB 2111: Licensure Requirements; Renewals; Continuing Education Requirements; Domestic Violence; Marriage and Family Therapists; Mental Health Counselors; Psychologists; Clinical Social Workers

THE SENATE	S.B. NO.	2111
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to licensure.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 451J-7, Hawaii Revised Statutes, is amended to read as follows:

     "§451J-7  Application for licensure.  Any person who files an application with the department after December 31, 1998, shall be issued a license by the department if the applicant provides satisfactory evidence to the department that the applicant is qualified for licensure pursuant to the requirements of this chapter and meets the following qualifications:

     (1)  Has completed a master's degree or doctoral degree from an accredited educational institution in marriage and family therapy or in an allied field related to the practice of mental health counseling [which] that includes or is supplemented by graduate level course work comprising a minimum of [thirty-three] thirty-six semester, or [forty-four] forty-eight quarter hours in the following course areas:

          (A)  Marriage and family studies--nine semester or twelve quarter hours;

          (B)  Marriage and family therapy studies--nine semester or twelve quarter hours;

          (C)  Human development--nine semester or twelve quarter hours;

          (D)  Ethical and professional studies--three semester or four quarter hours; [and]

          (E)  Research--three semester or four quarter hours; and

          (F)  Courses related to domestic violence--three semester or four quarter hours;

     (2)  Has one year practicum with three hundred hours supervised client contact;

     (3)  Completes one thousand hours of direct marriage and family therapy, and two hundred hours clinical supervision in not less than twenty-four months; and

     (4)  Has passed the National Marriage and Family Therapy Exam in accordance with section 451J-8.

     An individual who is a clinical member of the association shall be deemed to have met the educational and clinical experience requirements of this section."

     SECTION 2.  Section 451J-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Beginning with the renewal for the licensing triennium commencing on January 1, 2017, through December 31, 2019, and prior to every triennial renewal thereafter, each licensee shall:

     (1)  Pay all required fees; and

     (2)  Complete a minimum of forty-five credit hours of continuing education courses within the three-year period preceding the renewal date; provided that a minimum of six credit hours shall be in ethics courses[.]; provided further that a minimum of two credit hours shall be in courses related to domestic violence."

     SECTION 3.  Section 453D-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  An applicant shall be issued a license by the department if the applicant provides satisfactory evidence to the department that the applicant is qualified for licensure pursuant to the requirements of this chapter and meets the following qualifications:

     (1)  Receipt of a master's degree or doctoral degree from an accredited educational institution in counseling or in an allied field related to the practice of mental health counseling that includes, or is supplemented by, graduate level course work in counseling comprising a minimum of forty-eight semester hours or seventy-two quarter hours in the following course areas, with a minimum of three semester hours or five quarter hours in each course area as indicated below:

          (A)  Human growth and development, including but not limited to the study of life span development, strategies to facilitate that development and transitions, theories of learning and personality development, and human behavior to include crisis, disabilities, addictive behavior, and environmental factors;

          (B)  Social and cultural foundations, including but not limited to the study of issues and trends in a multicultural and diverse society, including characteristics of diverse groups that may include but are not limited to age, race, religious or sexual preference, physical disability, ethnicity and culture, gender, socioeconomics, intellectual ability, and individual, family, and group strategies with diverse populations;

          (C)  Counseling theories and applications, including but not limited to counseling and consultation, including both individual and systems perspectives, interviewing, assessment, and counseling skills, as well as applying principles, methods, and theories of counseling, treatment and counseling of mental and emotional disorders, and educational techniques aimed at preventing these disorders with individuals and families;

          (D)  Group theory and practice, including but not limited to principles of group dynamics, group process, group leadership styles, theories and methods of group counseling, and the application of theory to the group processes;

          (E)  Career and lifestyle development, including but not limited to the study of vocational development theories and decision-making models, assessment instruments, and techniques, types, sources, and uses of occupational and educational information systems, career development applications, and career counseling processes, techniques, and resources;

          (F)  Appraisal of human behavior, including but not limited to assessment and diagnosis of disorders with an emphasis on DSM categories and an understanding of these disorders relative to the counseling context;

          (G)  Tests and measurements, including but not limited to theoretical and historical bases for assessment techniques, and assessment methods, including analysis of various types of tests to select, administer, interpret, and use assessment and evaluation instruments and techniques in counseling;

          (H)  Research and program evaluation, including but not limited to research design and methods, statistical analysis, principles, practices, and application of needs assessment, and program evaluation;

          (I)  Professional orientation and ethics, including but not limited to the history of the helping profession, professional roles and functions, ethical standards, confidentiality, professional organizations, and the public policy process, including advocacy on behalf of the profession and its clientele; [and]

          (J)  At least two academic terms of supervised mental health practicum intern experience for graduate credit of at least six semester hours or ten quarter hours in a mental health counseling setting, with a total of three hundred hours of supervised client contact.  The practicum experience shall be completed under the clinical supervision of a person who is licensed as a mental health counselor, psychologist, clinical social worker, advanced practice registered nurse with a specialty in mental health, marriage and family therapist, or physician with a specialty in psychiatry; and

          (K)  Courses related to domestic violence;

     (2)  Completion of not less than three thousand hours of post-graduate experience in the practice of mental health counseling, with one hundred hours of face‑to‑face clinical supervision that shall be completed in [no] not less than two years and in [no] not more than four years, under the clinical supervision of a person who is a licensed mental health counselor, psychologist, clinical social worker, advanced practice registered nurse with a specialty in mental health, marriage and family therapist, or physician with a specialty in psychiatry.  In collaboration with the supervisor, the applicant may elect to fulfill some or all of the supervision requirements through face-to-face supervision that is conducted electronically through a videoconference service that complies with all federal and state privacy, security, and confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996; provided that the applicant shall review the laws and rules of other jurisdictions to determine the impact, if any, that electronic supervision may have on licensure by endorsement or reciprocity in other states [prior to] before electing electronic supervision; and

     (3)  Passage of the National Counselor Examination for Licensure and Certification."

     SECTION 4.  Section 453D-11, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§453D-11[]]  Renewal of license; fees[.]; continuing education requirement.  (a)  Except as otherwise provided in section 453D-7.5, licenses shall be renewed, upon the payment of a renewal fee, triennially not earlier than ninety days before June 30, with the first renewal deadline occurring on June 30, 2008.  Failure to renew a license shall result in a forfeiture of the license.  Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees.  Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license and the person may be required to reapply for licensure as a new applicant.  All renewal and restoration fees shall be determined by the department.

     (b)  Before every triennial renewal, each licensee shall complete a minimum of two credit hours of continuing education within every licensing triennium in courses related to domestic violence.

     (c)  A first-time licensee shall not be subject to the continuing education requirement established under subsection (b) for the first license renewal.

     (d)  Each licensee shall be responsible for maintaining the licensee's continuing education records.  At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section.  The director may require a licensee to submit evidence satisfactory to the director that demonstrates compliance with the continuing education requirement of this section.

     (e)  A licensee seeking renewal of a license without full compliance with the continuing education requirement shall submit the renewal application, required fee, a notarized affidavit setting forth the facts explaining the reasons for noncompliance, and a request for an extension on the basis of the facts; provided that the licensee shall complete at least ninety hours of continuing education, including at least twelve hours in ethics courses, before the next licensing triennium.  The director shall consider each case on an individual basis and may grant an extension of the continuing education requirement based upon:

     (1)  Practice in an isolated geographical area with an absence of opportunities for continuing education by taped programs or otherwise; or

     (2)  Inability to devote sufficient hours to continuing education because of incapacity, undue hardship, or any other serious extenuating circumstances.

     (f)  The director 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 5.  Section 465-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     (a)  Every applicant for a license as a psychologist shall submit evidence satisfactory to the board that the applicant meets the following requirements:

     (1)  The applicant for licensure shall possess a doctoral degree from:

          (A)  An American Psychological Association approved program in clinical psychology, counseling psychology, school psychology, or programs offering combinations of two or more of these areas; or

          (B)  A professional psychology training program, awarded by an institution of higher education, or from a regionally accredited institution; provided that the applicant for licensure shall have completed a minimum of three semester hours of graduate-level courses related to domestic violence;

     (2)  The applicant for licensure shall demonstrate that the applicant has completed one year of post doctoral supervised experience in health service in psychology, and:

          (A)  An internship approved by the American Psychological Association; or

          (B)  One year of supervised experience in health service in psychology, in an internship or residency program in an organized health service training program; and

     (3)  The applicant for licensure has passed an examination as may be prescribed by the board; provided that applicants issued an associate psychologist provisional license pursuant to section 465-7.2 shall be authorized to take the examination upon the issuance of the license; provided further that the authorization to take the examination shall terminate on the date the provisional license expires or if disciplinary action is taken on the license."

     SECTION 6.  Section 465-11, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Beginning with the July 1, 2016, through June 30, 2018, biennium period and prior to every biennial renewal thereafter, each licensee shall:

     (1)  Pay all required fees; and

     (2)  Complete a minimum of eighteen credit hours of continuing education within every licensing biennium[.]; provided that a minimum of two credit hours shall be in courses related to domestic violence."

     SECTION 7.  Section 467E-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Every applicant for a license as a social worker shall submit evidence satisfactory to the director that the applicant meets the following requirements:

     (1)  For the licensed bachelor social worker, the applicant:

          (A)  Holds a bachelor's degree from a college or university in a social work program accredited by or deemed to be equivalent to a program accredited by the Council on Social Work Education; and

          (B)  Has passed the basic level national examination given by the Association of Social Work Boards;

     (2)  For the licensed social worker, the applicant:

          (A)  Holds a master's degree from a college or university in a social work program accredited by or deemed to be equivalent to an accredited program by the Council on Social Work Education or a doctoral degree from a doctoral degree program in social work accredited by the Western Association of Schools and Colleges or a comparable regional accreditation body; and

          (B)  Has passed the intermediate or higher level national examination given by the Association of Social Work Boards; and

     (3)  For the licensed clinical social worker, the applicant:

          (A)  Has met the educational requirements in paragraph (2)[;] and completed a minimum of three semester hours of graduate-level courses related to domestic violence;

          (B)  Has passed the clinical level national examination given by the Association of Social Work Boards;

          (C)  Has provided evidence of successful completion of at least three thousand hours of post masters clinical social work experience under supervision completed within no fewer than two years, but within no more than five years.  Clinical social work experience shall include a minimum of two thousand hours of assessment, clinical diagnosis, and psychotherapy; no more than a maximum of nine hundred hours of client-centered advocacy, consultation, and evaluation; and at least one hundred hours of supervision as follows:

               (i)  At least sixty of the one hundred hours of direct face-to-face supervision shall have been individualized supervision; and

              (ii)  Not more than forty hours of direct face-to-face supervision may have been under small group (up to six supervisees) supervision.

               An applicant who submits evidence of certification as a qualified clinical social worker or diplomate in clinical social work by the National Association of Social Workers or as a board certified diplomate by the American Board of Examiners shall be deemed to have satisfied the experience requirements of this subparagraph;

          (D)  For the purposes of subparagraph (C), shall have had clinical supervision as follows:

               (i)  The supervisor shall have been a licensed clinical social worker with at least four thousand five hundred hours of post masters clinical social work experience;

              (ii)  For the first five years after July 1, 2004, the following individuals shall be deemed to have satisfied the requirements of a supervisor:  a person with a master's degree in social work with at least four thousand five hundred hours post masters clinical social work experience; an individual who holds a diplomate in clinical social work or a board certified diplomate certification; or a board certified psychiatrist, psychologist, advanced practice registered nurse who has a minimum of four thousand five hundred hours of post masters clinical experience in assessment, clinical diagnosis, and psychotherapy; and

             (iii)  Supervision shall have included review of assessment, clinical diagnosis, and psychotherapy; and

          (E)  In collaboration with the supervisor, may elect to fulfill some or all of the supervision requirements set forth in subparagraph (C) through face-to-face supervision that is conducted electronically through a video conference service that is compliant with all federal and state privacy, security, and confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996.  [Prior to] Before making the election, it [is] shall be incumbent upon the applicant to review the laws and rules of other jurisdictions to determine the impact, if any, that electronic supervision may have on license by endorsement in other states."

     SECTION 8.  Section 467E-11, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Beginning with the renewal for the licensing triennium commencing on July 1, 2016, through June 30, 2019, and prior to every triennial renewal thereafter, each licensee shall:

     (1)  Pay all required fees; and

     (2)  Complete a minimum of forty-five credit hours of continuing education courses within the three-year period preceding the renewal date; provided that a minimum of three credit hours shall be in ethic courses[.] and a minimum of two credit hours shall be in courses related to domestic violence."

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2026.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

Licensure Requirements; Renewals; Continuing Education Requirements; Domestic Violence; Marriage and Family Therapists; Mental Health Counselors; Psychologists; Clinical Social Workers

 

Description:

Requires marriage and family therapists, mental health counselors, psychologists, and clinical social workers to complete courses related to domestic violence for licensure and renewals.

 

 

 

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