CONFERENCE COMMITTEE REP. NO. 42

Honolulu, Hawaii

                 , 2009

RE:    H.B. No. 1379

       H.D. 2

       S.D. 2

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1379, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PHYSICIAN ORDERS FOR LIFE SUSTAINING TREATMENT,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to ensure that a person's wishes regarding end-of-life care are followed by allowing the use of a standardized "physician orders for life sustaining treatment form" (Form), which states an individual's wishes regarding end-of-life treatment in all pre-hospital and health care settings.

     Your Committee on Conference has amended this bill by:

(1)  Clarifying that the person authorized to take action on behalf of an incapacitated patient is the patient's surrogate;

(2)  Deleting the requirement that a patient's surrogate be designated by the patient;

(3)  Allowing health care providers other than a patient's physician to explain to a patient the nature and content of the Form;

(4)  Allowing the surrogate of an incapacitated patient to revoke a Form;

(5)  Clarifying that a health care provider will not be deemed to be at fault for carrying out treatment orders in a Form in good faith;

(6)  Changing the effective date to upon its approval; and

(7)  Making technical, nonsubstantive changes for clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1379, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1379, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ DAVID Y. IGE, Chair	____________________________ RYAN I. YAMANE, Co-Chair
____________________________ BRIAN T. TANIGUCHI, Co-Chair	____________________________ JON RIKI KARAMATSU, Co-Chair
	____________________________ SCOTT NISHIMOTO, Co-Chair