STAND. COM. REP. NO. 107

Honolulu, Hawaii

RE:    S.B. No. 146

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 146 entitled:

"A BILL FOR AN ACT RELATING TO ORDERS FOR TREATMENT OVER OBJECTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow an administrative order to authorize psychiatric treatment over a patient's objection.

     Your Committee received testimony in support of this measure from the Department of Health and Hawaii Medical Association.  Your Committee received testimony in opposition to this measure from the American Civil Liberties Union of Hawai‘i, Hawaii Disability Rights Center, and one individual.

     Your Committee finds that it is important for the initiation of treatment for patients admitted to the Hawaii State Hospital, which is used primarily for forensic commitments, to be expedient in order to address patients' psychiatric symptoms, which often generate a risk of safety to the patient and others.  Expedient initiation of treatment will help maintain a safe and secure therapeutic environment for patients and staff, and have a positive impact on patients' length of stay.

     Your Committee further finds that the current method to obtain an authorization to provide treatment over a patient's objection is by a judicial hearing.  The time between petition and judicial hearing is unpredictable and is on average nearly seventeen days.  Your Committee finds that other states have responded to the unpredictability and delay of waiting for court hearings by developing a non-judicial, administrative mechanism to review and authorize requests for treatment over a patient's objection.  Your Committee recognizes the importance of providing the details of an administrative process for authorizing treatment over a patient's objection and believes that amendments to this measure are necessary to provide guidance for such a process.

     Accordingly, your Committee has amended this measure by:

     (1)  Inserting a purpose section;

     (2)  Inserting language to create a new part in the Hawaii Revised Statutes to establish criteria for issuance of an administrative order for treatment over a patient's objection and criteria for an administrative authorization process to determine whether an administrative order for treatment over objection should be issued;

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 146, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 146, S.D. 1, and be referred to your Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair