STAND. COM. REP. NO. 409-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1275
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 1275 entitled: 

     "A BILL FOR AN ACT RELATING TO HOSPITAL VIOLENCE,"

begs leave to report as follows:

     The purpose of this bill is to require hospitals to develop
and maintain a security plan to aid in the identification of
factors leading to aggression and violence, and management of any
violent disturbances.  This bill also requires the reporting of
any criminal assault on hospital personnel within 72 hours of the
incident.

     The Healthcare Association of Hawaii and a member of the
public testified in support of the measure. The Office of the
Public Defender commented on the measure.  The Hawaii Nurses
Association also testified.

     Your Committee finds that assaults on hospital personnel by
patients are a growing concern.

     Your Committee has amended this bill by:

     (1)  Including in the definition of "dangerous instrument"
          any inherently dangerous hospital equipment;

     (2)  Including in the definition of "hospital" all hospital
          buildings and related structures and areas, including
          storage facilities, parking structures, adjacent

 
 
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          grounds and walkways that are situated on hospital
          property;

     (3)  Requiring the hospital, when developing the security
          plan to consider the guidelines, requirements, or
          standards on violence in health care facilities issued
          by the Joint Commission on Accreditation of Health Care
          Organizations;

     (4)  Requiring the hospital administrator to report acts of
          violence upon hospital personnel, patients, and
          visitors to local law enforcement agencies within
          seventy-two hours from the time of the incident; and

     (5)  Providing the hospital administrator immunity from
          liability resulting from the reporting of known or
          suspected instances of criminal assault.

     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. 1275, as amended herein, and recommends that
it be referred to the Committee on Finance, in the form attached
hereto as H.B. No. 1275, H.D. 1.

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



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair