STAND. COM. REP. NO.  331-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 2302

      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. 2302 entitled:

"A BILL FOR AN ACT RELATING TO BEHAVIORAL SUPPORT REVIEW OF RESTRAINTS AND SECLUSION,"

begs leave to report as follows:

The purpose of this measure is to establish a behavioral support review process that allows the Department of Health to conduct multidisciplinary reviews of restraints or seclusion used on persons with developmental or intellectual disabilities.  This measure also exempts agencies and individuals participating in these multidisciplinary reviews from civil or criminal liability for the use and review of information, records, and activities pertaining to the reviews.

The State Council on Developmental Disabilities and an individual supported this measure.  The Hawaii Association for Justice opposed this measure.

Your Committee has amended this bill by:

(1)  Changing its effective date to July 1, 2050, to facilitate further discussion; and

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

Should the Committee on Judiciary hold a public hearing on this measure, your Committee respectfully requests it to consider the concerns raised in testimony of the Hawaii Association for Justice.

     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. 2302, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2302, 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