STAND. COM. REP. NO. 2066

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2064
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 2064 entitled: 

     "A BILL FOR AN ACT REPEALING SECTION 327E-13(G), HAWAII
     REVISED STATUTES,"

begs leave to report as follows:

     The purpose of this measure is to provide that pregnant
women are covered by the Uniform Health Care Decisions Act.

     Your Committee received testimony in support of this measure
from the Executive Office on Aging, Hawaii State Commission on
the Status of Women, Hawaii Women Lawyers, League of Women
Voters, Healthcare Association of Hawaii, Hawaii Medical
Association, and three private individuals.  Testimony in
opposition was received from the American Center for Law and
Justice of Hawaii, Hawaii Catholic Conference, Hawaii Right to
Life, Pro-Family Hawaii, Christian Voice of Hawaii, and
Archbishop Fulton Sheen Foundation.

     This measure repeals the exclusion from chapter 327E, Hawaii
Revised Statutes, for a patient who is diagnosed as pregnant by
the attending physician.  Your Committee believes that an advance
health care directive by a woman should be valid if she later
becomes pregnant or if she executes a directive during her
pregnancy.  A woman should have the right to predetermine her
medical treatment, including treatment during her pregnancy, if
she should lack the ability to make a health care decision for
herself.  

 
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                                   STAND. COM. REP. NO. 2066
                                   Page 2


     Your Committee notes that the exclusion for pregnant women
may violate the federal constitution, according to testimony on
this measure.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2064 and recommends that it pass Second Reading and
be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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