THE SENATE	S.B. NO.	2275
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to mandatory reporting requirements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346-   Reporting requirements; human trafficking. (a) Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in the performance of their professional or official capacity, know or have reason to believe that a person is a victim of, or is in danger of becoming a victim of, labor trafficking pursuant to section 707‑781 or 707-782, or sex trafficking pursuant to section 712‑1202, shall immediately report the matter orally to the department or to a police department:

(1) Any licensed or registered health care professional, including a physician, physician in training, physician assistant, psychologist, dentist, nurse, osteopathic physician or surgeon, optometrist, chiropractor, podiatrist, pharmacist, or other health-related professional, who examines, treats, or provides other professional or specialized health-related services;

(2) Employees or officers of any public or private hospital, clinic, or other healthcare institution who provide social, medical, clinical, or mental health services;

(3) Social workers licensed pursuant to chapter 467E and non-licensed persons employed in a social worker position pursuant to section 467E-6(2), whose primary place of employment is a public or private hospital, clinic, or other healthcare institution; and

(4) Employees or officers of any law enforcement agency, including but not limited to the courts, police departments, department of public safety, correctional institutions, and parole or probation officers.

(b) The initial oral report shall be followed as soon as possible by a report written to the department. If a police department or the department of public safety is the initiating agency, a written report shall be filed with the department for cases on which the police or the department of public safety takes further action or for active cases in the department under this chapter. All written reports shall contain the name of the person believed to be a victim or in danger of becoming a victim, the nature and extent of the injury, ailment, behavior, or circumstance that prompted the report, and any other information that the reporter believes might be helpful or relevant to the investigation of labor trafficking pursuant to section 707-781 or 707-782, or sex trafficking pursuant to section 712-1202.

(c) Any person who knowingly fails to make a report pursuant to subsection (a) within twenty-four hours after the attendance, treatment, or examination, or who wilfully prevents another person from making a report pursuant to this section, shall be guilty of a petty misdemeanor.

(d) This section shall not prohibit any person from reporting an incident that the person has reason to believe involves labor trafficking or sex trafficking that comes to the person's attention in a private or nonprofessional capacity."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Mandatory Reporting; Labor Trafficking; Sex Trafficking; Examinations

Description:

Requires certain health care professionals, health care employees, social workers, and law enforcement employees or officers to report suspected cases of labor trafficking or sex trafficking.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.