STAND. COM. REP. NO. 3752

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 2043

       H.D. 2

       S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 2043, H.D. 2, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ADOLESCENT MENTAL HEALTH CARE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Allow an unlicensed mental health professional, working under the supervision of a licensed mental health professional, to provide mental health treatment or counseling services to minors without parental or legal guardian consent, knowledge, or participation;

 

     (2)  Require a mental health professional to ensure that the covered entity has been notified that minor-initiated mental health treatment or counseling services should not be disclosed; and

 

     (3)  Require a covered entity, upon notification that minor-initiated mental health treatment or counseling services should not be disclosed, to maintain the confidentiality of minor-initiated mental health treatment or counseling services.

 

     Your Committee received testimony in support of this measure from the Department of Health, Mental Health America of Hawaii, Hawaii Psychological Association, Democratic Party of Hawaii, LGBT Caucus of the Democratic Party of Hawaii, Hawaii Youth Services Network, Hawaii Substance Abuse Coalition, Hawaii Medical Service Association, Planned Parenthood Votes Northwest and Hawaii, Pride at Work – Hawaii, and one individual.  Your Committee received testimony in opposition to this measure from ten individuals.

 

     Your Committee finds that Act 13, Session Laws of Hawaii 2018, established a Sexual Orientation Counseling Taskforce to address the concerns of minors seeking counseling on sexual orientation, gender identity, gender expressions, and related behaviors.  Your Committee further finds that LGBTQ youth often feel alienated from their parents and other family members or fear revealing their struggles relating to sexual orientation or gender identity to their parents.  The ability to find a counselor without having to involve a parent can be especially crucial for youth who are at elevated risk of serious mental health difficulties and suicide.  This measure seeks to remove barriers to ensure that all minors seeking mental health care may have access to it.

 

     Your Committee has amended this measure by inserting an effective date of January 30, 2021.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2043, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2043, H.D. 2, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

________________________________

KARL RHOADS, Chair