Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 1188 entitled:

begs leave to report as follows:

The purpose of this bill is to exempt Department of Health (DOH) contracted mental health providers that render services to certain conditionally released persons from liability for any civil damages resulting from the conditionally released person's acts or omissions.

The Mental Health Association in Hawaii, Mental Health Kokua, and a concerned individual supported this bill. The National Association of Social Workers and a concerned individual supported this measure with amendments. DOH and Consumer Lawyers of Hawaii opposed this bill.

Your Committee finds that the need to protect independent mental health providers contracted by the State is of paramount importance. The state mental healthcare system would be severely overtaxed if we could not use such contractual services. As it is a necessary service which benefits the people of Hawaii, your Committee believes these contracted mental health providers should be safeguarded from the threat of civil action resulting from the transgressions of the person receiving treatment.

Your Committee has amended this bill 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 H.B. No. 1188, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1188, H.D. 1, and be referred to the Committee on Judiciary.