STAND. COM. REP. 1006-04
Honolulu, Hawaii
, 2004
RE: S.B. No. 1238
S.D. 2
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 1238, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"
begs leave to report as follows:
The purpose of this bill is to:
(1) Enable individuals to make known in advance their preferences regarding mental health care and treatment so that those preferences can guide their future care and treatment when they are incapacitated;
(2) Provide for the appointment of an agent and alternate agents to make mental health care and treatment decisions for a principal when the principal is incapacitated or prefers to have an agent make such decisions on the principal's behalf;
(3) Set forth standards of liability and penalties for health care providers who fail to comply with the advance mental health care directive or statutory requirements; and
(4) Repeal chapter 327F, Hawaii Revised Statutes (HRS), relating to medical treatment decisions for psychotic disorders.
The Hawaii Disability Rights Center, Hawaii Psychological Association, Mental Health Association in Hawaii, Department of Health, State Mental Health Planning and Advisory Council, and two concerned individuals testified in support of this bill. Christian Science Committee on Publication for Hawaii supported the intent of this measure.
Your Committee supports the intent of this bill allowing individuals to plan for mental health treatment in the event of incapacitation. While existing statutes permit advance health care directives that may include mental health treatment, the situation of a mentally ill individual who may have periods of capacity and incapacity requires statutes that are tailored to specific needs for mental health treatment.
Your Committee has amended this bill by:
(1) Clarifying that this bill's provisions specifically apply to advance mental health care directives for mental health care and treatment, and not the advance health care directives for health care and treatment in existing law;
(2) Adding a section that would make guardianship provisions in this measure consistent with a guardianship bill that is moving through the Legislature this session, H.B. No. 2297, H.D. 1, in the event that the guardianship bill is enacted. Specifically, H.B. No. 2297, H.D. 1 would give priority to a guardian appointed pursuant to chapter 560, HRS, over an agent in a health care or mental health care directive;
(3) Amending the effective date to July 1, 2010, to facilitate further discussion; and
(4) Making technical, nonsubstantive changes for clarity and style.
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 S.B. No. 1238, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 1238, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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