STAND. COM. REP. NO.814
Honolulu, Hawaii
, 2003
RE: S.B. No. 1238
S.D. 2
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred S.B. No. 1238, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"
begs leave to report as follows:
The purpose of this measure is to address the need for a method to recognize and carry out a person's wishes regarding mental health care if that person becomes incapacitated due to physical or mental illness.
Specifically, this bill provides for advance mental health care directives, including the appointment of agents, that are to be recognized and respected under the law if an individual becomes incapacitated, codified into a new chapter in the Hawaii Revised Statutes. The bill repeals chapter 327F, Hawaii Revised Statutes, entitled Medical Treatment Decisions for Psychotic Disorders.
Upon further consideration, your Committee has made the following technical amendments:
(1) Deleting a redundant phrase "medical or" on page 3, line 9;
(2) Clarifying that the definition of "competent adult" includes a reference to an individual age eighteen or older on page 4, lines 5-9;
(3) Inserting the word "mental" before "health care directive" on page 21, lines 5, 6, and 9, and page 22, line 9; and
(4) Substituting the word "second" for the word "first" in identifying the second alternative agent (and not the first alternative agent) on page 28, line 4.
Your Committee has also made numerous technical nonsubstantive amendments for the purposes of clarity and style.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1238, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1238, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
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____________________________ BRIAN T. TANIGUCHI, Chair |
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