Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 1238 entitled:

begs leave to report as follows:

The purpose of this measure is to allow an individual to set forth advance mental health-care directives, including the appointment of agents, that are to be recognized and respected under the law if the individual becomes incapacitated due to mental illness. The chapter proposed by this measure replaces chapter 327F, Hawaii Revised Statutes, titled Medical Treatment Decisions for Psychotic Disorders.

Testimony supporting this measure was received from the Department of Health, Hawaii Psychological Association, Mental Health Association in Hawaii, National Alliance for the Mentally Ill – Oahu, Hawaii Psychiatric Medical Association, Hawaii Disability Rights Center, and four individuals.

Your Committee recognizes the tremendous burdens experienced by individuals afflicted with a mental illness. Although the State, with its limited resources, provides numerous programs and medical services to aid those with a mental illness, your Committee acknowledges that an individual should have the authority to determine the scope and type of care and services that they will receive, especially when incapacitated. Current law, specifically chapter 327F, Hawaii Revised Statutes, does not authorize consumer choice in important areas of treatment preferences or proxy decision making. Your Committee finds that this measure improves on current law, reflects national standards, and assures individuals rightful control over the care they receive.

Your Committee has amended this measure 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 S.B. No. 1238, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1238, S.D. 1, and be referred to the Committee on Ways and Means.