Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 2091 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Department of Health to adopt administrative rules to establish an administrative process allowing involuntary medication of psychiatric patients at the Hawaii State Hospital.

Testimony in support of this measure was received from the Department of Health, Hawaii Government Employees Association, the Hawaii Psychiatric Medical Association, and an individual. Testimony in opposition to this measure was received from the Hawaii Disability Rights Center. Comments were received from the National Alliance for the Mentally Ill and a registered nurse.

Your Committee finds that involuntary medication and psychiatric treatment is a controversial issue, but is warranted under certain situations. Untreated mental illnesses lead to the need to prolonged hospitalization and possible permanent deterioration to a patient's overall mental health.

Several concerns regarding patient's rights were raised, but your Committee finds that the measure is fairly detailed regarding the establishment of an administrative process, and this measure is also subject to the Hawaii Administrative Procedure Act, giving the public an opportunity to weigh in on the process.

Your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2091, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2091, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.