SB2852.DOC

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . Behavioral Support Review of Restraints or Seclusion Used on Persons with Developmental or Intellectual Disabilities

§321- Behavioral support review. The department may conduct multidisciplinary and multiagency reviews of restraints or seclusion of persons with developmental or intellectual disabilities in order to reduce the risk of harm or death to persons with developmental or intellectual disabilities.

§321- Definitions. Whenever used in this part, unless the context otherwise requires:

"Department" means the department of health.

"Developmental disability" shall be as defined in section 333F-1.

"Director" means the director of health or the director's designated representative.

"Intellectual disability" means significantly sub-average general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period.

"Person with developmental or intellectual disabilities" means a youth or an adult with a developmental or intellectual disability.

"Restraints" means the methods of restricting a person's freedom of movement by holding a person (manual or physical restraint); using a mechanical device; or using a psychotropic medication prescribed without the appropriate Diagnostic and Statistical Manual (DSM) diagnosis or prescribed on an as needed basis (chemical restraint). A restraint does not include briefly holding a person without undue force, in order to calm or comfort the person, or holding a person's hand to safely escort the person from one area to another.

"Seclusion" means any involuntary confinement to a room or area where one is physically prevented from leaving.

§321- Access to information. (a) Upon written request of the director, all providers of residential supports, and state and county agencies, shall disclose to the department and to those individuals appointed by the director to participate in the behavioral support review of a person with developmental or intellectual disabilities, the circumstances of restraints or seclusion used for a person with developmental or intellectual disabilities to allow the department to conduct multidisciplinary reviews of restraints or seclusion used for persons with developmental or intellectual disabilities pursuant to section 321-31 and this part.

(b) To the extent that this section conflicts with other state confidentiality laws, this section shall prevail.

§321- Exception. Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency.

§321- Use and review of information and records and activities pertaining to behavioral support review of persons with developmental or intellectual disabilities. (a) Except as otherwise provided in this part, all information and records acquired by the department during its multidisciplinary, multiagency reviews of restraints or seclusion of persons with developmental or intellectual disabilities pursuant to this part shall be kept confidential and may be disclosed only as necessary to carry out the purposes of this part.

(b) Information and statistical compilations of data from the multidisciplinary reviews of restraints or seclusion of persons with developmental or intellectual disabilities that do not contain any information that would permit the identification of any person shall be public records.

(c) No individual participating in the department's multidisciplinary review of the restraints or seclusion of a person with developmental or intellectual disabilities may be questioned in any civil or criminal proceeding regarding information presented in, or opinions formed, as a result of meetings of the multidisciplinary review of restraints or seclusion. Nothing in this subsection shall be construed to prevent a person from testifying to information obtained independently of the department's multidisciplinary behavioral support review, or that is public information, or where disclosure is required by law or court order.

(d) Information held by the department as a result of a multidisciplinary review of the restraints or seclusion of a person with developmental or intellectual disabilities conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because it was provided as required by this part.

§321- Immunity from liability. All agencies and individuals participating in multidisciplinary reviews of restraints or seclusion of persons with developmental or intellectual disabilities pursuant to this part shall be immune from civil or criminal liability for the use and review of information and records and activities pertaining to behavioral support reviews of persons with developmental or intellectual disabilities as required under this part."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

THE SENATE	S.B. NO.	2852
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII