STAND. COM. REP. 477

Honolulu, Hawaii

, 2003

RE: H.B. No. 1182

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 1182 entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MEDICAL SERVICES,"

begs leave to report as follows:

The purpose of this bill, which applies to situations where in-the-field emergency response personnel provide medical services to an individual whose heart or breathing has stopped, is to allow an individual, or their guardian, agent, or surrogate, to make healthcare decisions on behalf of the individual with regard to the withholding of cardiac resuscitation and artificial breathing, and implementation of "comfort care only-do not resuscitate" protocols (CCO-DNR).

Testimony in support of this bill was submitted by the Department of Health.

Your Committee finds that even when an individual directs in a certified, written document that the individual desires CCO-DNR protocols to be implemented in situations requiring emergency medical services, current law requires that the individual's physician first declare a terminal condition before these protocols may be implemented.

Your Committee recognizes that this mandated diagnosis of a terminal condition not only usurps an individual's autonomy, but also, is often a difficult diagnosis for a physician to make. This bill attempts to restore an individual's autonomy by removing the condition that a physician diagnose a terminal condition.

Your Committee finds that this bill provides consistency with the rights of individuals as set forth in chapter 327C, the Uniform Health Care Decisions Act, and its provisions for advanced directives.

Technical, nonsubstantive amendments have been made for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1182, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as H.B. No. 1182, H.D. 1.

 

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

 

____________________________

KENNETH T. HIRAKI, Chair