Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 862 entitled:

begs leave to report as follows:

The purpose of this bill is to allow a competent adult diagnosed with a terminal illness to exercise a degree of control over the manner of impending, inevitable death. A patient diagnosed with an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months, is allowed to ask a physician for medication for the purpose of ending life in a humane and dignified manner.

Like the Oregon Death with Dignity law after which this measure is patterned, this bill contains significant safeguards to prevent abuse. Only the patient can initiate the request for assistance. The request must be made three times, with a 15-day waiting period between the first and second request. The third request must be in writing and witnessed by two persons who know the patient personally, but are not family members or primary caregivers. The prescribing physician must provide information to the patient concerning such options as palliative and hospice care, and pain management. A patient may rescind the request at any time and need not use the medication at all.

Your Committee received testimony in support of this bill from the Hawaii State Commission on the Status of Women, ACLU of Hawaii, Americans for Democratic Action/Hawaii, Compassion In Dying of Hawaii, Death with Dignity Hawaii Coalition, Death with Dignity National Center, Hawaii Physicians For Assisted Dying, ILWU Local 142, Interfaith Alliance, PFLAG-Oahu, National Association of Social Workers, Hawaii Chapter, Parents And Children Together, Planned Parenthood of Hawaii, Public Health Law Organization, Religious Leaders for Assisted Dying, Advocates for Consumer Rights, and numerous concerned individuals.

The American Cancer Society, American Center for Law and Justice of Hawaii, the Roman Catholic Church in the State of Hawaii, Hawaii Family Forum, Hawaii Medical Association, Healthcare Association of Hawaii, Hospice Hawaii, Pro-Family Hawaii, the Reverence Life Educational Institute, St. Francis Healthcare System of Hawaii, and numerous concerned individuals testified in opposition to this measure.

The Office of Information Practices took no position on the substance of this measure, but expressed concerns about provisions in this bill relating to government records.

Your Committee finds that, in keeping with Hawaii's reputation for kindness, caring, and compassion, this measure creates options that may, depending on unforeseen events, provide precious relief in our loved ones' final hours.

Your Committee has amended this measure by:

(1) Amending the residency requirement provision to:

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 862, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 862, H.D. 1, and be placed on the calendar for Third Reading.