Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 624, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to update the provisions relating to a health care provider's duty to inform a patient regarding medical treatment to provide consistency with the rules adopted by the Board of Medical Examiners (BME).

Testimony in support of this measure was received from the Hawaii Medical Association, Hawaii Association of Health Plans, Hawaii Medical Service Association, Healthcare Association of Hawaii, HAPI'S Physicians' Indemnity Plan, and one individual. Testimony in opposition was received from the Consumer Lawyers of Hawaii. Comments were submitted by the Hawaii Coalition for Health and one individual.

Hawaii's laws relating to informed consent are outdated and have not kept up with the changing pace of the medical and legal communities. The existing statutory language originated from rules adopted by the Board of Medical Examiners in 1979. Since then, the Board has revised its rules many times to reflect the current legal and medical standards. Unfortunately, the statutes have yet to reflect the current standards and practices. Consequently, the void has been filled by several Hawaii appellate court decisions which have created uncertainty among physicians and patients. This measure updates and revises statutory law to reflect current medical and legal standards and practices relating to informing a patient about medical treatments.

Whether this measure is interpreted as patient oriented or physician oriented, your Committee believes that this measure represents an objective, workable, and prudent standard, in consideration of the current state of and anticipated advances in medical science, by which informed consent can be applied in a fair and balanced manner. It is not the intent of your Committee to favor either party by passing this measure.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 624, S.D. 1, and recommends that it pass Third Reading.