STAND. COM. REP. 520
Honolulu, Hawaii
, 2003
RE: H.B. No. 651
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Health, to which was referred H.B. No. 651 entitled:
"A BILL FOR AN ACT RELATING TO INFORMED CONSENT,"
begs leave to report as follows:
The purpose of this bill is to update the informed consent law to be consistent with current medical standards and language.
The Board of Medical Examiners, Hawaii Medical Association, Hawaii Medical Service Association, Healthcare Association of Hawaii, Hawaii Psychiatric Medical Association, HAPI's Physicians' Indemnity Plan, Hawaii Association of Health Plans, and an individual submitted testimony in support of this bill. The Hawaii Coalition for Health and Consumer Lawyers of Hawaii submitted testimony in opposition to this bill.
Your Committee finds that Hawaii's informed consent bill was originally developed from the rules of the Board of Medical Examiners. Since that time, medical practice and language have changed, making it necessary to update the informed consent law to be consistent with current standards.
Your Committee has amended this bill by deleting provisions allowing:
(1) A health care provider to withhold information from a patient, or the patient's guardian or legal surrogate, if the provider determines the information would be detrimental to the patient; and
(2) A patient, the patient's guardian, or legal surrogate to elect not to be given part or all of the information required to be disclosed under the informed consent law.
Technical, nonsubstantive amendments were also made to conform to drafting style.
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. 651, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 651, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Health,
____________________________ DENNIS A. ARAKAKI, Chair |
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