Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2091, S.D. 1, 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 a process allowing involuntary medication of certain psychiatric patients institutionalized at the Hawaii State Hospital to alleviate mental illness and restore competency while protecting the rights of patients.

This measure also requires the Department of Health to report to the Legislature after three years, and provides that the measure sunsets after five years.

Testimony in support of the measure was submitted by the Department of Health, Healthcare Association of Hawaii, and Hawaii Government Employees Association. Testimony in opposition to the measure was submitted by the Hawaii Disability Rights Center and National Alliance for the Mentally Ill-Oahu. The Department of the Attorney General and Office of the Public Defender submitted comments on the measure.

Your Committee finds that there must be a careful balance between the need for involuntary medication and psychiatric treatment under certain conditions and the rights of patients. Your Committee believes sufficient safeguards for patient's rights are incorporated in the administrative process for involuntary medication and psychiatric treatment in this measure. However, the issues raised in testimony on this measure raise concerns that merit further consideration.

Your Committee intends to move this measure to provide the Department of Health, Healthcare Association of Hawaii, Hawaii Government Employees Association, Hawaii Disability Rights Center, and National Alliance for the Mentally Ill-Oahu further opportunity to confer and collaborate in preparing language for the measure that is mutually agreeable to the participants. It is your Committee's further intent that the Healthcare Association of Hawaii act as the facilitator for that collaborative effort.

Accordingly, your Committee has amended this measure by inserting an effective date of July 1, 2010 to ensure ongoing discussions on these issues, and has made technical, nonsubstantive changes for style and to correct punctuation.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2091, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2091, S.D. 2.