STAND. COM. REP. NO. 976

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 171
                                     H.D. 2




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

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 171, H.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to support the execution of
advance health-care directives. 

     Your Committee received testimony in support of this bill
from the Executive Office on Aging, Hospice Hawaii, Hawaii
Medical Association, Healthcare Association of Hawaii, and Hawaii
Nurses Association. The Judiciary also submitted comments.

     Your Committee finds that this measure is based upon the
Governor's Blue Ribbon Panel on Living and Dying with Dignity's
unanimous recommendation that provisions regarding advance
health-care directives be made more specific and more binding.
Your Committee further finds that the provisions of this measure
will ensure that all citizens of this State will have their
health care decisions honored in the event of incapacitation. 

     Your Committee has adopted the following amendments:

     1) Deleted provisions of the bill establishing a task force
on end-of-life health decisions within the Department of Health;

     2) Amended provisions regarding decisions by guardians, to
clarify that the advance health care directive was made while the

 
 
                                 STAND. COM. REP. NO. 976
                                 Page 2

 
ward was competent, and to expand the relevant authorization to
courts other than the appointing court;

     3) Deleting references to a "class" and class decisions, and
replacing it with a provision mandating that a meeting be called
by the supervising health-care provider to determine who will act
as surrogate; and

     5) Incorporating technical, nonsubstantive changes for
purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 171, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as H.B. No. 171, H.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair