Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 650 entitled:

begs leave to report as follows:

The purpose of this bill is to establish a mechanism to allow individuals to make their mental health treatment preferences known prior to the loss of their decision-making capacity.

The Department of Health, Mental Health Association in Hawaii, Hawaii Psychological Association, and various mental health consumers testified in support of this measure.

The Hawaii Psychiatric Association, Hawaii Nurses Association, Hawaii Disability Rights Center, and the National Alliance for the Mentally Ill supported the intent of the measure voicing their serious concerns over punitive damages, liability issues, cases of imminent danger to oneself or others, implementation and management of the program, and patient confidentiality.

Your Committee understands that an advanced directive allows a person to make treatment preferences of illness known prior to the loss of decision-making capacity, which can occur as a result of mental illness. Furthermore, allowing advance directives for mental health patients help to protect the individual's right to self-determination.

Many mental health patients have long periods of good health but when a bout of mental illness occurs, these patients are sometimes forced to undergo treatment or receive medications in an emergency situation which may not be appropriate for them.

However, your Committee understands the concerns voiced by various organizations and therefore has amended the bill by:

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. 650, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 650, H.D. 1, and be referred to the Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs.