CONFERENCE COMMITTEE REP. NO. 65-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 1238

S.D. 2

H.D. 2

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1238, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to recognize, establish, and set forth an adult's and emancipated minor's rights to make enforceable advance mental health care directives, and to repeal chapter 327F, HRS, relating to medical treatment decisions for psychotic disorders.

Your Committee on Conference acknowledges that an individual should have the authority to determine the scope and type of care and services that they will receive, especially when incapacitated. Your Committee on Conference further finds that this measure improves current law, reflects national standards, and assures individuals rightful control over the care they receive.

The intent of your Committee on Conference is to give priority to the intent of the incapacitated person, above all others, unless that person was incompetent at the time the directive was completed.

Your Committee on Conference has amended this measure by:

(1) Deleting clarifying amendments to this measure if H.B. No. 2297, relating to guardianship and protective proceedings, is passed by the Legislature in this Session (that measure has passed and has been sent to the Governor);

(2) Inserting clarifying amendments to section 560:5-304, Hawaii Revised Statutes, should H.B. 2297 be enacted; this provision inserts a cross-reference to the term "mental health care directive" into section 560:5-304(b) to conform to this measure; and

(3) Making the measure effective upon approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1238, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1238, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

DENNIS A. ARAKAKI, Co-Chair

____________________________

ROSALYN BAKER, Co-Chair

____________________________

BLAKE K. OSHIRO, Co-Chair

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RUSSELL KOKUBUN, Co-Chair

____________________________

SCOTT Y. NISHIMOTO, Co-Chair

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COLLEEN HANABUSA, Co-Chair