STAND. COM. REP. 1077

Honolulu, Hawaii

, 2003

RE: S.B. No. 624

S.D. 1

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 Health, to which was referred S.B. No. 624, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INFORMED CONSENT,"

begs leave to report as follows:

The purpose of this bill is to update the informed consent law to be consistent with current medical standards and Hawaii Supreme Court decisions.

The Healthcare Association of Hawaii, Kaiser Permanente, HAPI's Physicians' Indemnity Plan, Hawaii Health Systems Corporation, Medical Insurance Exchange of California, Hawaii Medical Service Association, Hawaii Medical Association, Hawaii Association of Health Plans, and several concerned individuals testified in support of this measure. Consumer Lawyers of Hawaii and the Hawaii Coalition for Health opposed this measure and suggested an amendment.

Your Committee finds that Hawaii's informed consent bill was originally developed from the rules of the Board of Medical Examiners (BME). Since that time, the BME has substantially amended its informed consent regulations, creating uncertainty among physicians and patients, alike. In addition, several Hawaii Supreme Court decisions have established an informed consent standard that should be reflected in the current statute.

Your Committee has amended this bill by:

(1) Replacing the reference to required disclosure of "substantial" risks, with "material" risks, to provide a clearer guideline for disclosure; and

(2) Making technical, nonsubstantive amendments for purposes of clarity and style.

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. 624, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 624, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

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

 

____________________________

DENNIS A. ARAKAKI, Chair