STAND. COM. REP. NO. 380

Honolulu, Hawaii

RE:    S.B. No. 812

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committees on Health and Judiciary and Labor, to which was referred S.B. No. 812 entitled:

"A BILL FOR AN ACT RELATING TO BEHAVIOR SUPPORT REVIEW COMMITTEE FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES,"

beg leave to report as follows:

     The purpose and intent of this measure is to authorize the Department of Health to establish a behavior support review process to conduct multidisciplinary reviews of the use of restraints or seclusion of persons with developmental or intellectual disabilities and exempt those who participate in the reviews from liability.

     Your Committees received testimony in support of this measure from the Department of Health and State Council on Developmental Disabilities.

     Your Committees find that it is important to ensure that behavior interventions are implemented appropriately to assist and support individuals receiving services and those providing support to them.  Restraints or seclusion should be used only when there is imminent danger to self or others, and use of such interventions needs oversight and review.

     Your Committees have amended this measure by:

     (1)  Specifying that a behavior support review committee should be convened before and after cases in which use of restraint or seclusion are administered or recommended; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Health and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 812, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 812, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Health and Judiciary and Labor,

________________________________ GILBERT S.C. KEITH-AGARAN, Chair

____________________________ JOSH GREEN, Chair