STAND. COM. REP. NO.  138-16

Honolulu, Hawaii

                , 2016

RE:   H.B. No. 2357

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 2357 entitled:

"A BILL FOR AN ACT RELATING TO AGE OF CONSENT FOR ADOLESCENT MENTAL HEALTH SERVICES,"

begs leave to report as follows:

The purpose of this measure is to reduce barriers for adolescents in accessing mental health care that may otherwise be unobtainable due to family dynamics or other circumstances by permitting minors twelve years of age or older to consent to receive mental health treatment or counseling services provided by a licensed mental health professional.

The Department of Health, The Judiciary, Hawaii Youth Services Network, Waikiki Health, Friends of Youth Outreach, Hawai‘i Psychological Association, and two individuals testified in support of this measure.  The Department of Education opposed this measure.  The Hawaii Medical Service Association and an individual commented on this measure.

     Your Committee finds that this measure will help one of the State's most vulnerable populations receive critical health services.  To support further deliberation on this measure in the legislative process, your Committee requests the Department of Health to provide information on standard practices regarding minors' access and consent to mental health care in other states.  Your Committee also requests the Department of Health and the Department of Education to engage in further discussion on this measure to avoid the unintended consequence of interfering with Individualized Education Programs of children with disabilities.

     Your Committee has amended this measure by:

(1)  Changing the age of consent for mental health treatment or counseling services from twelve years of age or older to fourteen years of age or older;

(2)  Changing its effective date to July 1, 2070, to enable further discussion; and

(3)  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. 2357, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2357, H.D. 1, and be referred to your Committee on Judiciary.

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

____________________________

DELLA AU BELATTI, Chair