STAND. COM. REP. NO.  500-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 1723

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 1723 entitled:

"A BILL FOR AN ACT RELATING TO PSYCHIATRIC FACILITIES,"

begs leave to report as follows:

The purpose of this measure is to amend the procedures for the discharge of a patient from a psychiatric facility following a civil commitment.  Specifically, this measure:

     (1)  Clarifies that the notice requirements of section 334-60.7, Hawaii Revised Statutes, only apply to civil commitments as a result of fitness to proceed hearings under chapters 704 and 706, Hawaii Revised Statutes;

     (2)  Specifies that notice be mailed to the person's last known address; and

     (3)  Requires the court to conduct a hearing prior to the termination of a standing commitment order within 72 hours of receiving a written objection to the discharge of a patient.

The Department of Health; Healthcare Association of Hawaii; Queen's Health Systems; and United Public Workers, AFSCME, Local 646, AFL-CIO (UPW) testified in support of this measure.  The Department of the Attorney General; State of Hawaii Judiciary; and Hawaii Health Systems Corporation provided comments.

     Your Committee has amended this measure by:

     (1)  Clarifying that notice, with a certificate of service, for individuals committed through a civil proceeding shall be filed with the family court and by mail for persons entitled to received notice pursuant to the order of commitment, at their last known address;

     (2)  Specifying that the prosecuting attorney of the county from which the person was originally committed shall receive courtesy notice of intent to discharge or notice of patient's admission to voluntary treatment for individuals committed through both criminal and civil proceedings;

     (3)  Clarifying that the five-day limit for filing an objection is referring to calendar days;

     (4)  Changing the requirement that a hearing be conducted upon receiving written objection from a within 72 hour to an "as soon as possible" standard; and

     (5)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     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. 1723, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1723, H.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

DELLA AU BELATTI, Chair