STAND. COM. REP. NO.759

Honolulu, Hawaii

, 2003

RE: S.B. No. 1364

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 1364 entitled:

"A BILL FOR AN ACT RELATING TO PSYCHIATRIC FACILITIES,"

begs leave to report as follows:

The purpose of this measure is to clarify that emergency psychiatric examination and hospitalization is an alternative for mentally ill adults and for mentally ill adults with a substance abuse (dual) disorder.

The Hawaii Psychological Association submitted testimony in support of the measure. The Judiciary and the Department of Health submitted comments on the measure.

Your Committee finds that under existing law, psychiatric examination and hospitalization is an alternative for individuals who are mentally ill or suffering from substance abuse. Those individuals who pose a risk to the public or themselves can be hospitalized in a licensed psychiatric facility. However, a person who does not suffer from a mental illness but who has a substance abuse problem does not necessarily require such hospitalization. Therefore, your Committee determines that clarification of the requirements for examination and hospitalization is necessary to protect the liberty interests of individuals and the public-at-large.

However, your Committee believes that further clarification may be necessary in order to ensure that the measure will encompass all intended individuals. Accordingly, your Committee has amended the measure as follows:

(1) By extending the effective date to July 1, 2050, to facilitate ongoing discussion and to provide various government agencies, organizations, and the community-at-large the opportunity to offer additional input on the issue; and

(2) By making a technical, nonsubstantive amendment to accurately reflect existing statutory language.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1364, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1364, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

ROSALYN H. BAKER, Chair