CONFERENCE COMMITTEE REPORT NO. 80

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 171
                                  H.D. 2
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 171, H.D. 2, S.D. 2, entitled:

    "A BILL FOR AN ACT RELATING TO HEALTH CARE DECISIONS,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

    The purpose of this bill is to replace chapter 327D, Hawaii
Revised Statutes, by enacting the Uniform Health Care Decisions
Act.

    Your Committee on Conference has amended the bill by:

    (1)  Providing definitions for "best interest" and
         "interested person" for the purposes of this Act;

    (2)  Modifying the powers and responsibilities of surrogates
         by:


 
 
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          (A)  Requiring efforts to locate interested persons and
               inform them of the need for a surrogate health
               care decision-maker;

          (B)  Requiring an effort to reach consensus among
               interested persons as to appointment of a
               surrogate; and

          (C)  Providing for physician review of the decisional
               capacity of a patient upon request by an
               interested person;

          and

     (3)  Making technical, nonsubstantive revisions for the
          purpose of style.

     Your Committee on Conference believes that when a surrogate
who has not been designated by the patient to make health care
decisions must make decisions based on the wishes of the patient,
the non-designated surrogate should determine the patient's
wishes by considering the patient's:

     (1)  Current diagnosis and prognosis with and without the
          treatment at issue;

     (2)  Preference regarding the provision of, or the
          withholding or withdrawal of, the specific treatment at
          issue or of similar treatments;

     (3)  Relevant religious and moral beliefs and personal
          values;

     (4)  Behavior, attitude, and past conduct with respect to
          the treatment at issue and medical treatment generally;

     (5)  Reaction to the provision of, or the withholding or
          withdrawal of, a similar treatment for another
          individual; and

     (6)  Concern about the effect on the patient's family or
          intimate friends if a treatment were provided,
          withheld, or withdrawn.

     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 171, H.D. 2, S.D. 2, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 171, H.D. 2, S.D. 2, C.D. 1.


 
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                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
SUZANNE CHUN OAKLAND, Co-Chair     ALEXANDER C. SANTIAGO, Co-
                                   Chair
                                   
                                   
                                   
______________________________     ______________________________
AVERY B. CHUMBLEY, Co-Chair        PAUL T. OSHIRO, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
MATT M. MATSUNAGA, Co-Chair        MARILYN B. LEE, Member
                                   
                                   
                                   
______________________________     ______________________________
NORMAN SAKAMOTO, Member            CYNTHIA HENRY THIELEN, Member



______________________________
WHITNEY ANDERSON, Member