STAND. COM. REP. NO. 631

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 932

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 932, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO INFECTIOUS DISEASE TESTING,"

 

begs leave to report as follows:

 

     The purpose of this measure is to allow a health care provider to subject a person's body fluids or tissue to a test for the presence of human immunodeficiency virus (HIV) infection after the patient has been given the opportunity to decline the test. 

 

     This measure also provides that specific written informed consent for human immunodeficiency virus testing ordered by a health care provider is not required.  When a human immunodeficiency virus test ordered by a health care provider has a reactive, indeterminate, or confirmed positive result, the health care provider is required to provide the test results to the patient and offer human immunodeficiency virus post-test counseling.

 

     Your Committee finds that increasing the access to human immunodeficiency virus testing will enable early detection and treatment for infected persons, and consequently, lower the risk of HIV transmission.

 

     Your Committee notes the comments of the American Civil Liberties Union of Hawaii, concerning the requirement of specific written informed consent for HIV testing on the basis of compromising patient autonomy in medical decision-making and the constitutional protection of privacy.

 

     In light of the concerns raised, your Committee has amended this measure by changing the effective date to July 1, 2050 to continue discussions in this matter.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 932, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 932, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair