STAND. COM. REP. NO. 1194-04
Honolulu, Hawaii
, 2004
RE: S.B. No. 1362
S.D. 3
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 Judiciary, to which was referred S.B. No. 1362, S.D. 3, 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 help protect individuals receiving mental health services by:
(1) Expanding the authority of the Department of Health (DOH) to conduct criminal history record checks on all employees, potential employees, and contracted providers in positions that require direct contact with clients who receive non-witnessed direct mental health services from such persons;
(2) Requiring DOH to develop an annual statewide comprehensive integrated service plan for the mental health system based on planning within each county; and
(3) Clarifying that the service area administrator shall:
(a) Participate with the service area board in the development of comprehensive integrated service area plans and budgets; and
(b) Be advised by the service area board about service area needs for prevention and treatment of mental and emotional disorders, combined mental illness substance abuse providers, and persons afflicted by these disorders.
The Department of Health and a concerned individual submitted testimony in support of this measure.
Your Committee finds appropriate these changes to DOH's authority to conduct criminal history records checks for clarification of the target population to be protected. Your Committee further finds the changes regarding DOH's mental health services planning responsibilities to be necessary to conform the statutes to the federal court-ordered Community Plan for Mental Health Services.
Your Committee has amended this bill by:
(1) Amending the deadline for submission of the comprehensive integrated service plan to the Legislature to 20 days prior to the convening of each regular session, for consistency with the deadlines for submission of other departmental reports;
(2) Changing the effective date to upon approval; and
(3) Making technical, nonsubstantive changes for clarity, consistency, 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. 1362, S.D. 3, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1362, S.D. 3, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |