STAND. COM. REP. NO. 429-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2535
                                     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 Health, to which was referred H.B. No.
2535 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIMINAL BACKGROUND CHECKS
     FOR THE DEPARTMENT OF HEALTH,"

begs leave to report as follows:

     The purpose of this bill is to authorize the Department of
Health (DOH) to obtain criminal history record information for
prospective employees, service providers, and subcontractors of
the DOH who work in close proximity with clients when providing
medical, mental health, or substance abuse treatment services.

     DOH supported this bill with amendments.  The Office of
Youth Services and the American Association of Retired Persons
Hawaii State Legislative Committee submitted testimony in support
of this measure.  The Sex Abuse Treatment Center submitted
testimony in support of the intent of this measure.  The State
Attorney General supported this bill, with operational concerns.
The Hawaii Psychiatric Medical Association submitted testimony in
opposition to this measure.

     DOH raised concerns that this measure, as received, does not
provide DOH with the authority to obtain criminal history
background information from the Federal Bureau of Investigation
on current employees who provide direct treatment or care to
clients receiving medical, mental health, or substance abuse
treatment services.  DOH has determined that background checks
should be first conducted for all existing and prospective

 
 
                                 STAND. COM. REP. NO. 429-00
                                 Page 2

 
providers and those individuals not employed by DOH continuously
on a salaried basis before July 1, 1990, followed by all
remaining employees providing non-witnessed direct treatment or
care to clients receiving medical, mental health, or substance
abuse services.

     Upon careful consideration, your Committee has amended this
bill to address DOH's concerns.  Technical, nonsubstantive
amendments were also made for purposes of style, clarity, and
consistency.

     As affirmed by the record of votes of the members of your
Committee on Health that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2535, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2535, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health,



                                   ______________________________
                                   ALEXANDER C. SANTIAGO, Chair