STAND. COM. REP. NO. 1287-04

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 2004

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 1238, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

begs leave to report as follows:

The purpose of this bill is to provide consumer options with regard to mental health care and treatment by:

(1) Enabling individuals to make known in advance their preferences regarding mental health care and treatment to guide their future care and treatment when they are incapacitated;

(2) Providing for the appointment of an agent and alternate agents to make mental health care and treatment decisions for an incapacitated individual, or for an individual who prefers to have an agent make decisions on the individual's behalf;

(3) Establishing standards of liability and penalties for health care providers who fail to comply with advance mental health care directives or statutory requirements; and

(4) Repealing chapter 327F, Hawaii Revised Statutes, relating to medical treatment decisions for psychotic disorders.

The Department of Health, Mental Health Association in Hawaii, Hawaii Disability Rights Center, NAMI Hawaii, NAMI O'AHU, and a concerned individual testified in support of this bill.

As affirmed by the record of votes of the members of your Committee on Finance 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. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

 

____________________________

DWIGHT Y. TAKAMINE, Chair