STAND. COM. REP. 930
Honolulu, Hawaii
, 2003
RE: S.B. No. 1238
S.D. 2
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 S.B. No. 1238, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"
begs leave to report as follows:
The purpose of this bill is to enable individuals to make known in advance their preferences regarding mental health care and treatment so that these preferences can guide their future care and treatment. Among other things, this bill:
(1) Provides for advance mental health care directives to convey these preferences;
(2) Allows individuals to appoint agents to make mental health care decisions on their behalf; and
(3) Repeals chapter 327F, Hawaii Revised Statutes, relating to medical treatment decisions for psychotic disorders.
The Department of Health, Hawaii Psychological Association, Mental Health Association in Hawaii, Nami Oahu, and a concerned individual testified in support of this bill. The Christian Science Committee on Publication for Hawaii supported the intent of this measure, and Hawaii Disability Rights Center supported this measure with amendments. Hawaii Right to Life opposed a portion of this bill.
Your Committee has amended this bill by:
(1) Deleting two provisions that would have allowed individuals to relinquish their right to change or revoke their advance mental health care directive. The first would have allowed an exception to the right of an individual to revoke an advance mental health care directive at any time. The second would have authorized an agent to immediately make mental health care treatment decisions on behalf of an individual; and
(2) Making technical, nonsubstantive amendments for the purpose of clarity.
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 S.B. No. 1238, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1238, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Health,
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____________________________ DENNIS A. ARAKAKI, Chair |
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