STAND. COM. REP. NO. 3157

Honolulu, Hawaii

RE: S.B. No. 2034

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2034, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require assessment of patients who are subject to emergency hospitalization, diagnosed with a mental illness or severe substance use disorder, and found to be lacking decisional capacity to determine if a surrogate or guardian needs to be appointed to make appropriate health care decisions for the patient; and

(2) Authorize certain health care providers to make determinations on the presence of mental illness, substance abuse disorder, and decisional capacity of the patient.

Your Committee received testimony in support of this measure from the Disability and Communication Access Board; Institute for Human Services, Inc.; Hina Mauka; and five individuals. Your Committee received comments on this measure from the Hawaii Medical Association, Hawai‘i Pacific Health, Queen's Health Systems, and Hawaii Disability Rights Center.

Your Committee finds that many persons suffering from serious mental illness do not receive timely and appropriate care or treatment because emergency response procedures in the State generally do not permit involuntary emergency hospitalization except in very narrow circumstances. Your Committee further finds that these procedures often result in a cycle of crisis response and short-term emergency treatment, after which the person receives no further care. This measure will increase the likelihood that persons suffering from serious mental illness or severe substance abuse will receive timely and appropriate care and treatment, whether when brought to an emergency department for evaluation, hospitalized in a psychiatric facility under an emergency hospitalization or involuntary commitment order, or while being considered for assisted community treatment, by requiring the assessment of certain patients subject to emergency hospitalization to determine if a surrogate or guardian should be appointed to make appropriate health care decisions for the patient.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2034, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair