STAND. COM. REP. NO. 1510

Honolulu, Hawaii

, 2001

RE: H.B. No. 650

H.D. 2

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 650, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADVANCE DIRECTIVES FOR PSYCHIATRIC CARE,"

begs leave to report as follows:

The purpose of this measure is to clarify that an advance health-care directive may not be revoked by a person found to lack capacity, and to repeal the law on medical treatment decisions for psychotic disorders.

Your Committee received written testimony in support of this measure from the Department of Health, Hawaii Psychological Association, and Hawaii Psychiatric Medical Association.

Your Committee believes that individuals who lack the mental capacity should not be allowed to revoke all or part of an advance health-care directive, because they may not be able to make a rational decision in their own best interests.

Chapter 327F, Hawaii Revised Statutes, relating to medical treatment decisions for psychotic disorders, is repealed by this measure because it is unnecessary with the enactment in 1999 of the Uniform Health Care Decisions Act (Modified).

Your Committee has amended this measure by clarifying that a primary care physician may continue to administer medications for treatment of a mental condition over the patient's objection if the patient has executed an advance health-care directive, which more accurately expresses the intent of Senate Draft 1 of this measure.

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 H.B. No. 650, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 650, H.D. 2, S.D. 2.

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

____________________________

BRIAN KANNO, Chair