STAND. COM. REP. NO.  1540

Honolulu, Hawaii

                , 2013

RE:   S.B. No. 44

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.B. No. 44, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

begs leave to report as follows:

The purpose of this measure is to assist the mental health community by:

(1)  Broadening the types of law-enforcement personnel, to include law-enforcement officers as defined in the laws relating to offenses against public administration, rather than only police officers, who are authorized to:

(A)  Apprehend and return persons, who leave or remain away from Director of Health-contracted or

-operated facilities or services without permission, to the facility or services;

(B)  Call mental health emergency workers for assistance if the law enforcement officer has reason to believe that the person is imminently dangerous to self or others, is gravely disabled, or obviously ill; and

(C)  Take into custody and transport to any facility designated by the Director of Health, any person  threatening or attempting suicide for emergency examination and treatment; and

(2)  With respect to initiating emergency admission proceedings, enabling advanced practice registered nurses to:

(A)  Apply orally or in writing to a court; and

(B)  Direct transportation, by ambulance or other suitable means, to a licensed psychiatric facility for further evaluation and possible emergency hospitalization, if the advanced practice registered nurse has examined the person and has reason to believe the person is mentally ill or suffering from substance abuse; imminently dangerous to self or others, gravely disabled, or obviously ill; and in need of care or treatment.

The Department of Public Safety, University of Hawaii at Manoa School of Nursing & Dental Hygiene, Hawaii Association of Professional Nurses, Hawaii State Center for Nursing, Hawaii Substance Abuse Coalition, Community Alliance for Mental Health, United Self Help, and several individuals supported this measure.  The Department of the Attorney General supported this measure with amendments.  The Department of Health supported the intent of this bill.  The American Association of Nurse Practitioners provided comments.

     Your Committee has amended this measure by enabling advanced practice registered nurses to administer treatment as is medically necessary, for a person's safe transportation, with regard to the laws relating to emergency examination and hospitalization.

     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. 44, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 44, S.D. 1, H.D. 1.

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

____________________________

DELLA AU BELATTI, Chair