Retaliatory Subconscious and Hunter's Determination Shouldn't Proc at the Same Time

Hunters Determination should take priority and Retaliatory Subconscious should only proc when H.D. is on cooldown, otherwise they can both proc at the same time and Retaliatory Subconscious is basically wasted. It's been like this forever but recently Anet changed Swindler's Equilibrium on Thief so that it will only proc if Steal is on cooldown, so I was wondering if we could get the same treatment here.