STAND. COM. REP. NO. 2906

Honolulu, Hawaii

RE:    H.B. No. 1926

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 1926, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ASSAULTS AGAINST MEDICAL SERVICES PROVIDERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the offense of assault in the second degree to additionally protect physical therapists and other medical services providers providing services in a federally qualified health center, long-term care facility, or specialized nursing facility; and other licensed medical professionals involved in the direct care of patients.

     Your Committee received testimony in support of this measure from Kaiser Permanente Hawaii; Healthcare Association of Hawaii; American Organization of Nurse Executives, Hawaii Chapter; The Queen's Medical Center; Hawaii Chapter, American Physical Therapy Association; and two individuals.

     Your Committee finds that a recent study of nurses across the nation sponsored by the National Institute of Health found that one in three nurses over forty-five years of age plans to quit when the recession ends because of attacks in the workplace.  Testimony submitted by Kaiser Permanente states that the federal Bureau of Labor Statistics found that health care workers experience violent assaults four times more than the national average.  Your Committee consequently finds that this measure establishes a deterrent to violence against medical services providers, which will assist the State in maintaining safety in health care facilities and in retaining valuable medical services providers.

     Your Committee has amended this measure by:

     (1)  Expanding protection under the offense to other medical services staff that provide services in certain facilities and including dentist's offices, home care agencies, home health agencies, hospices, and physician's offices among those facilities;

     (2)  Adding unlicensed medical professionals involved in the direct care of patients to the list of medical service providers to be protected;

     (3)  Changing the effective date to upon approval; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 1926, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1926, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

JOSH GREEN, M.D., Chair