chapter-451j•Hawaii Revised Statutes, Chapter 451J — Licensed Marriage and Family Therapists
chapter-451jHaw. Rev. Stat. ch. 451JCode1 de jan. de 1998
Division 2. Business — Title 25. 25a
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).
§451J-1 Definitions. As used in this chapter, unless the context clearly requires a different meaning:
"Accredited educational institution" means any educational institution which grants a master's or doctoral degree and is accredited by a regional accrediting body or a post graduate training institute accredited by the Commission on Accreditation for Marriage and Family Education.
"Advertise" means the issuing of or causing to be distributed any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on or in any building, on radio or television, or by advertising by any other means designed to secure public attention.
"Associate marriage and family therapist" or "licensed associate marriage and family therapist" [Definition effective July 1, 2026.] means a person who:
(1) Has completed all educational requirements under section 451J-7.2(a)(1);
(2) Has been issued a provisional license under this chapter; and
(3) Is currently earning supervised clinical experience in marriage and family therapy under clinical supervision.
"Association" means the American Association for Marriage and Family Therapy.
"Clinical supervision" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below.] means the supervision of no more than six persons at the same time who are acquiring and completing clinical experience in accordance with section 451J-7(2) and (3), by a licensed marriage and family therapist whose license has been in good standing in any state for two years preceding commencement and during the term of supervision, or any licensed mental health professional whose license has been in good standing in any state and who has been a clinical member in good standing of the association for the two years preceding commencement and during the term of supervision. Clinical supervision includes but is not limited to case consultation of the assessment and diagnosis of presenting problems, development and implementation of treatment plans, and the evaluation of the course of treatment. Clinical supervision may include direct observation by the qualified supervisor of the provision of marriage and family therapy services.
"Clinical supervision" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above.] means the supervision of no more than six persons at the same time who are acquiring and completing clinical experience in accordance with sections 451J-7(2) and (3) and 451J-7.2(a)(3), by a licensed marriage and family therapist whose license has been in good standing in any state for two years preceding commencement and during the term of supervision, or any licensed mental health professional whose license has been in good standing in any state and who has been a clinical member in good standing of the association for the two years preceding commencement and during the term of supervision. "Clinical supervision" includes but is not limited to case consultation of the assessment and diagnosis of presenting problems, development and implementation of treatment plans, and the evaluation of the course of treatment. "Clinical supervision" may include direct observation by the qualified supervisor of the provision of marriage and family therapy services.
"Continuing education courses" means courses approved by the American Association for Marriage and Family Therapy, American Association for Marriage and Family Therapy: Hawaii Division, American Psychological Association, Hawaii Psychological Association, National Association of Social Workers, or National Board for Certified Counselors and Affiliates, Inc.
"Credit hour" means, except as otherwise provided, the value assigned to fifty minutes of instruction.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Ethics courses" include ethics theory, ethical reasoning, ethical principles, ethical dilemmas, and professional ethics.
"Family systems theories" means a body of research which focuses on understanding the family system and other social systems of the individual as integral to evaluating the etiology and providing treatment of mental and nervous disorders.
"Marriage and family therapist" or "licensed marriage and family therapist" means a person who uses the title of marriage and family therapist or licensed marriage and family therapist, who has been issued a license under this chapter, and whose license is in effect and not revoked or suspended at the time in question.
"Marriage and family therapy intern" [Definition deleted effective July 1, 2026.] means a person who has completed all educational requirements stipulated in section 451J-7(1)(A) and who is currently earning supervised clinical experience in marriage and family therapy under clinical supervision.
"Marriage and family therapy practice" means the application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, or families in order to diagnose and treat mental, emotional, and nervous disorders, whether these are behavioral, cognitive, or affective, within the context of the individual's relationships. Marriage and family therapy is offered directly to the general public or through organizations, either public or private, for a fee or through pro bono work. Marriage and family therapists assist individuals, couples, and families to achieve more adequate, satisfying, and productive social relationships, enable individuals to improve behavioral or psychological functioning, and help individuals reduce distress or disability. Marriage and family therapy includes but is not limited to:
(1) Assessment and diagnosis of presenting problems through inquiry, observation, evaluation, integration of diagnostic information from adjunctive resources, description, and interpretation of verbal and nonverbal communication, thought processes, beliefs, affect, boundaries, roles, life cycle stages, family interaction patterns, economic, social, emotional, and mental functioning, in order to identify specific dysfunctions and to identify the presence of disorders as identified in the Diagnostic and Statistical Manual of Mental Disorders;
(2) Designing and developing treatment plans by incorporating and integrating recognized family system theories, communication principles, crisis counseling principles, cognitive and behavioral counseling principles, or psychotherapeutic techniques in establishing short- and long-term goals and interventions collaboratively with the client; and
(3) Implementing and evaluating the course of treatment by incorporating family systems theories to assist individuals, couples, and families to achieve more adequate, satisfying, and productive social relationships, to enable individuals to improve behavioral or psychological functioning, and to help individuals reduce distress or disability by improving problem solving skills, decision-making skills, communication and other relationship interaction patterns, identification of strengths and weaknesses, understanding or resolution of interpersonal or intrapersonal issues, recognition, development, and expression of appropriate affect, and referral to adjunctive medical, psychological, psychiatric, educational, legal, or social resources.
"Use of a title" means to hold oneself out to the public as having a particular status by stating the status on signs, mailboxes, address plates, stationery, announcements, telephone directory advertising, business cards, or other instruments of professional identification.
[L 1998, c 159, pt of §2; am L 2014, c 28, §2; am L 2016, c 29, §5; am L 2024, c 93, §3]
[§451J-2] Marriage and family therapist licensing program. There is established a marriage and family therapist licensing program within the department. The program shall be administered by the director.
[L 1998, c 159, pt of §2]
[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] In addition to any other powers and duties authorized by law, the director may:
(1) Examine and approve the qualifications of all applicants under this chapter, and issue a license to each successful applicant granting permission to use the title of marriage and family therapist or licensed marriage and family therapist in this State pursuant to this chapter and the rules adopted under this chapter;
(2) Adopt, amend, or repeal rules pursuant to chapter 91;
(3) Administer, coordinate, and enforce this chapter and rules;
(4) Discipline a person licensed as a marriage and family therapist for any cause described by this chapter, or for any violation of rules, or refuse to license a person for failure to meet licensing requirements or for any cause that would be grounds for disciplining a licensed marriage and family therapist; and
(5) Appoint an advisory committee of licensed marriage and family therapists and members of the public to assist with the implementation of this chapter and the rules; except that the initial members of the committee who are marriage and family therapists shall not be required to be licensed pursuant to this chapter.
[L 1998, c 159, pt of §2; am L 2016, c 29, §6]
(a) Application, examination, reexamination, license, renewal, penalty fees, and any other fees relating to the administration of this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91.
(b) Fees assessed shall defray costs incurred by the director to support the operation of the marriage and family therapist licensing program. Fees collected shall be managed in accordance with section 26-9(l).
[L 1998, c 159, pt of §2]
[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Except as specifically provided elsewhere in this chapter, no person shall use the title marriage and family therapist or licensed marriage and family therapist without first having secured a license under this chapter. The department shall investigate and prosecute any individual using the title of marriage and family therapist or licensed marriage and family therapist without being properly licensed as a marriage and family therapist. Any person who violates this section shall be subject to a fine of not more than $1,000 per violation. Each day's violation shall be deemed a separate offense. Any action taken to impose or collect the fine imposed under this section shall be a civil action.
[L 1998, c 159, pt of §2; am L 2016, c 29, §7]
[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] (a) Licensure shall not be required of:
(1) A person doing work within the scope of practice or duties of the person's profession that overlaps with the practice of marriage and family therapy; provided the person does not purport to be a marriage and family therapist or licensed marriage and family therapist;
(2) Any student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a graduate degree in marriage and family therapy or other professional field; provided that the student's activities and services are part of a prescribed course of study supervised by the educational institution and the student is identified by an appropriate title including but not limited to "marriage and family therapy student or trainee", "clinical psychology student or trainee", "clinical social work student or trainee", or any title which clearly indicates training status; or
(3) Any individual who uses the title marriage and family therapy intern for the purpose of obtaining clinical experience in accordance with section 451J-7(3).
(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professions as defined by any law, rule, or the department, including but not limited to social workers, psychologists, registered nurses, or physicians, from doing or advertising that they assist or treat individuals, couples, or families consistent with the accepted standards of their respective licensed professions; provided that no person, unless the person is licensed as a marriage and family therapist, shall use the title of marriage and family therapist or licensed marriage and family therapist.
[L 1998, c 159, pt of §2; am L 2016, c 29, §8]
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 includes or is supplemented by graduate level course work comprising a minimum of thirty-three semester, or forty-four 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;
(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.
[L 1998, c 159, pt of §2; am L 2009, c 11, §8]
[Section effective July 1, 2026.] (a) The department shall grant, upon application and payment of proper fees, provisional licensure as an associate marriage and family therapist to an individual who:
(1) Has received a master's 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;
(2) Has completed a one year practicum with three hundred hours of supervised client contact; and
(3) Engages in marriage and family therapy practice under the clinical supervision of a licensed marriage and family therapist or any licensed mental health professional during the period of time necessary to fulfill the clinical experience requirements for licensure as a marriage and family therapist pursuant to section 451J-7(3); provided that the licensed marriage and family therapist or licensed mental health professional is in good standing with the department.
(b) Each provisional license issued pursuant to this section shall include the name and title of the licensed marriage and family therapist or licensed mental health professional providing clinical supervision of the applicant as described in subsection (a)(3). A licensed associate marriage and family therapist shall practice marriage and family therapy only under the direct supervision of the licensed marriage and family therapist or licensed mental health professional.
(c) A provisional license issued pursuant to this section shall be valid for one year from the date of issuance and may be renewed for an additional one-year period if needed to fulfill the requirements for licensure as a marriage and family therapist pursuant to section 451J-7(3).
(d) Services provided by a supervised licensed associate marriage and family therapist shall be eligible for insurance reimbursement; provided that the supervising licensed marriage and family therapist's services are eligible for reimbursement as a contracted provider; provided further that the billed rate for the licensed associate marriage and family therapist shall be commensurate with the requisite level of training.
[L 2024, c 93, §2]
The director may enter into a reciprocity agreement with another state and issue a license to a marriage and family therapist who is licensed in that state; provided that the requirements for a license in that state are deemed by the director to be at least as stringent as the current requirements for a license in this State.
[L 2002, c 260, §2]
(a) The department shall conduct an examination of licensing applicants at least once a year at a time and place designated by the department.
(b) The department shall administer the National Marriage and Family Therapy Exam in compliance with the Association of Marital and Family Therapy Regulatory Board standards.
(c) An applicant shall be held to have passed an examination by obtaining a passing score as determined by the director.
[L 1998, c 159, pt of §2]
[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Licenses shall be valid for three years and shall be renewed triennially. Any applicant for renewal of a license that has expired within one year of the renewal deadline shall be required to pay a restoration fee in addition to all renewal fees.
[L 1998, c 159, pt of §2]
(a) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below.] Licenses shall be renewed triennially on or before December 31, with the first renewal deadline occurring on December 31, 2001. 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, and in the case of marriage and family therapists or licensed marriage and family therapists audited pursuant to subsection (f), documentation of continuing education compliance. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license. Persons with terminated licenses shall be required to reapply for licensure as a new applicant.
(a) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above.] Except as otherwise provided in section 451J-7.2, licenses shall be renewed triennially on or before December 31, with the first renewal deadline occurring on December 31, 2001. 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, and in the case of marriage and family therapists or licensed marriage and family therapists audited pursuant to subsection (f), documentation of continuing education compliance. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license. Persons with terminated licenses shall be required to reapply for licensure as a new applicant.
(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.
(c) A first-time licensee shall not be subject to the continuing education requirement established under subsection (b)(2) for the first license renewal.
(d) Each licensee shall maintain 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, prior to 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.
[L 1998, c 159, pt of §2; am L 2014, c 28, §3; am L 2016, c 29, §9; am L 2024, c 93, §8]
(a) The department shall deny, revoke, condition, or suspend a license granted pursuant to this chapter on the following grounds:
(1) Conviction by a court of competent jurisdiction of a crime which the department has determined, by rules adopted pursuant to chapter 91, to be of a nature that renders the person convicted unfit to practice marriage and family therapy;
(2) Failing to report in writing to the director any disciplinary decision related to the provision of mental health services issued against the licensee or the applicant in any jurisdiction within thirty days of the disciplinary decision, or within thirty days of licensure;
(3) Violation of recognized ethical standards for marriage and family therapists or licensed marriage and family therapists as set by the association;
(4) Fraud or misrepresentation in obtaining or renewing a license, including making a false certification of compliance with the continuing education requirement set forth in section 451J-10;
(5) Revocation, suspension, or other disciplinary action by any state or federal agency against a licensee or applicant for any reason provided under this section; or
(6) Other just and sufficient cause that renders a person unfit to practice marriage and family therapy.
(b) Any licensee who violates this section may also be fined not more than $1,000 per violation.
[L 1998, c 159, pt of §2; am L 2014, c 28, §4; am L 2016, c 29, §10]
(a) Notwithstanding any law to the contrary, the director shall automatically revoke a license or deny an application to renew, restore, or reinstate a license under either of the following circumstances:
(1) The licensee has been convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or
(2) The licensee has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).
(c) Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice. The hearing shall be held within thirty days of the revocation or denial. The proceeding shall be conducted in accordance with chapter 91.
(d) For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.
(e) If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease. Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.
(f) Any final order of discipline taken pursuant to this section shall be a matter of public record.
(g) The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and
(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.
[L 2025, c 273, §10]
[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] No person licensed as a marriage and family therapist, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering marriage and family therapy services except in the following circumstances:
(1) As required by law;
(2) To prevent a clear and immediate danger to a person or persons;
(3) In the course of a civil, criminal, or disciplinary action arising from the therapy where the therapist is a defendant;
(4) In a criminal proceeding where the client is a defendant and the use of the privilege would violate the defendant's right to a compulsory process of the right to present testimony and witnesses in the defendant's own behalf;
(5) In accordance with the terms of a client's previously written waiver of the privilege; or
(6) Where more than one person in a family jointly receives therapy and each family member who is legally competent executes a written waiver; in that instance, a therapist may disclose information received from any family member in accordance with the terms of the person's waiver.
[L 1998, c 159, pt of §2]
[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist, the therapist shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of therapy. This section shall not apply to custody actions whether or not part of a divorce proceeding.
[L 1998, c 159, pt of §2]
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