SB1238.DOC

SECTION 1. Chapter 324, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§324- Definitions. As used in this part, unless the context requires otherwise:

"Department" means the department of health.

"Maternal mortality" or "maternal death" means the death of a woman who was pregnant at the time of her death or within one year of her death.

§324- Maternal mortality review committee; established; reporting. (a) There is established a maternal mortality review committee to conduct comprehensive, multidisciplinary reviews of maternal deaths in Hawaii for the purposes of identifying factors associated with the deaths and making recommendations for system changes to improve health care services for women in this State. The members of the committee shall be appointed by the director of health and shall consist of a minimum of one representative of each of the following groups:

(1) Obstetricians, including generalists and maternal fetal medicine specialists;

(2) Family practice physicians;

(3) Certified nurse-midwives, certified midwives, or advanced practice nurses;

(4) Hospital-based nurses;

(5) Representatives of the department of health's maternal and child health branch;

(6) Social service providers;

(7) The chief medical examiner, pathologist, or designee;

(8) Hospital representatives; and

(9) Community or patient advocates who represent the communities that are most affected by maternal deaths.

Additional members with specific expertise shall be added by the director as necessary.

(b) The term of each member shall be two years. The director of health shall appoint the initial chair of the committee, who shall call the first meeting of the panel and serve as chair for six months, after which time the panel shall elect its chair. Members of the panel shall serve without compensation but shall be reimbursed for actual expenses necessary for the performance of their duties.

(c) The director of health may delegate to the maternal mortality review committee the functions of collecting, analyzing, and disseminating maternal mortality information; organizing and convening meetings of the committee; and such other substantive and administrative tasks as may be incident to these activities. The activities of the maternal mortality review committee and its employees or agents shall be subject to the same confidentiality provisions as apply to members of the committee.

(d) The maternal mortality review committee shall submit an annual report to the legislature concerning its activities and the incidents of maternal deaths within the State. The report shall be due no later than twenty days prior to the convening of each regular session of the legislature. The report shall include statistics setting forth the number of maternal deaths, identifiable trends in maternal deaths, including possible causes, and recommendations to reduce the number of preventable maternal deaths."

SECTION 2. Section 324-1, Hawaii Revised Statutes, is amended to read as follows:

"§324-1 Sources of information protected. Any person, hospital, sanitorium, nursing or rest home, or other similar medical facility may provide information, interviews, reports, statements, memoranda, or other data or material relating to the condition and treatment of any person to the maternal [~~and perinatal mortality study committee of the Hawaii Medical Association,~~] mortality review committee, any in-hospital staff committee, or the department of health, to be used in the course of any study for the purpose of reducing morbidity or mortality.

No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided the information or material, or by reason of having released or published the findings, conclusions, and summaries of the research or study committees to advance medical research and medical education."

SECTION 3. Section 324-2, Hawaii Revised Statutes, is amended to read as follows:

"§324-2 Identification of persons studied; restriction. The maternal [~~and perinatal mortality study committee of the Hawaii Medical Association,~~] mortality review committee, the department of health, or any in-hospital staff committee shall use or publish this material only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality. In all events, the identity, or any group of facts which tends to lead to the identity, of any person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1238
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII