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 S.B. No. 130, S.D. 2, entitled:

begs leave to report as follows:

The purpose of this bill is to ensure a safe environment in Department of Health (DOH) psychiatric inpatient facilities by streamlining the process to obtain a court order permitting involuntary medicating of patients who may pose a danger to themselves as well as other patients and the staff who attend to them.

DOH, Hawaii Disability Rights Center (HDRC), and Healthcare Association of Hawaii supported this bill. The National Alliance for the Mentally Ill and Hawaii Government Employees Association supported the intent of this measure. The Office of the Public Defender and several concerned individuals opposed this bill.

Your Committee finds that the safety of patients and staff in a DOH operated or funded psychiatric facility is paramount. However, this bill does not address when a psychiatrist may initially, involuntarily medicate a mental health patient with psychotropic drugs in an emergency situation that occurs prior to obtaining a court order.

HDRC has suggested that language should be clarified to reflect that patients may be treated with antipsychotic medication over the patient's objections prior to receiving a court order, but only with antipsychotic medication that is required to treat the "emergency condition."

Such an amendment, as it pertains to the legal rights of the patient, psychiatrist, and staff of the facility, is beyond the purview of this Committee, therefore, we recommend that your Committee on Judiciary take a hard look at this matter.

Your Committee has amended this bill by:

(1) Requiring DOH to report to the Legislature prior to the

(2) repealing this Act on June 30,2007; and

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. 130, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 130, S.D. 2, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.