(a) This chapter shall not apply to:

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Terms Used In Hawaii Revised Statutes 453D-6

  • Accredited educational institution: means a university or college accredited by the Western Association of Schools and Colleges or a comparable regional body. See Hawaii Revised Statutes 453D-1
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 453D-1
  • Licensed mental health counselor: means a person:

    (1) Who engages in the practice of mental health counseling and uses the title of licensed mental health counselor;

    (2) Who has been issued a license under this chapter; and

    (3) Whose license is in effect and not revoked or suspended. See Hawaii Revised Statutes 453D-1

  • Practice of mental health counseling: includes but is not limited to:

    (1) The assessment, diagnosis, and treatment of, and counseling for, mental and emotional disorders;

    (2) The assessment, diagnosis, and treatment of, and counseling for, substance abuse and conduct disorders defined in the approved diagnostic and statistical manual for mental disorders;

    (3) The application of educational techniques aimed at the prevention of these disorders; and

    (4) The provision of consultative services to individuals, couples, families, groups, organizations, and communities. See Hawaii Revised Statutes 453D-1

(1) A person doing work within the duties of the person’s profession that overlaps with the practice of mental health counseling; provided that no such person shall use a title stating or implying that the person is a “licensed mental health counselor” or “mental health counselor”, or describe or refer to the person’s services as mental health counseling;
(2) Any person who is a duly recognized member of the clergy; provided that the person functions only within the person’s capacity as a member of the clergy; and provided further that the person does not represent the person to be a “licensed mental health counselor” or “mental health counselor”, or describe or refer to the person’s services as mental health counseling;
(3) Any student enrolled in an accredited educational institution in a recognized program of study leading towards attainment of a graduate degree in mental health counseling or other professional field; provided that the student’s activities and services are part of a prescribed course of study supervised by the accredited educational institution and the student is identified by an appropriate title, including but not limited to “mental health counseling student” or “trainee”, “clinical psychology student” or “trainee”, “social work student” or “trainee”, “marriage and family counseling student” or “trainee”, or any title that clearly indicates training status;
(4) Any individual who uses the title of “mental health counselor intern” for the purpose of obtaining clinical experience in accordance with section 453D-7(a)(2);
(5) Any person employed by a federal, state, or county government agency in a counseling position, but only at those times when the employee is carrying out the duties and responsibilities as a counselor in governmental employment; or
(6) Any person who is obtaining supervised clinical experience for licensure as a psychologist, social worker, marriage and family therapist, or as another licensed professional; provided that the person’s title indicates a trainee or intern status; and provided further that the person does not purport to be a “licensed mental health counselor” or “mental health counselor”.
(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professions as defined by any law or rule of the department, including but not limited to social workers, registered nurses, psychologists, marriage and family therapists, or physicians, from providing mental health counseling or advertising that they provide mental health counseling to individuals, couples, or families consistent with the accepted standards of their respective licensed professions; provided that no such persons shall use a title stating or implying that they are licensed mental health counselors unless the persons are licensed pursuant to this chapter.
(c) Nothing in this chapter shall be construed to supersede the regulation of registered rehabilitation specialists from the department of labor and industrial relations. Further, no registered rehabilitation specialist shall use a title stating or implying that the registered rehabilitation specialist is a licensed mental health counselor unless the person is licensed pursuant to this chapter.

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