STAND. COM. REP. NO. 1196

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1032
                                     S.D. 1
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.B. No.
1032, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO INVOLUNTARY PSYCHIATRIC
     TREATMENT,"

begs leave to report as follows:

     The purpose of this bill is to provide medical assistance to
psychiatric patients while protecting their rights by requiring
the Department of Health to establish a three year program,
including:

     (1)  Establishing by rule an administrative process to allow
          involuntary medication of psychiatric patients
          institutionalized at the Hawaii State Hospital;

     (2)  Providing persons with counsel for involuntary
          hospitalization proceedings; and

     (3)  Requiring yearly reports to the legislature

     The Mental Health Association in Hawaii and the Hawaii
Medical Association testified in support of this measure.  The
Attorney General, Hawaii Psychological Association, NAMI Oahu,
United Self-Help and State Council on Mental Health, and an
individual commented on this measure.  The Department of Health,
Protection and Advocacy Agency of Hawaii, the Office of the

 
 
 
                                 STAND. COM. REP. NO. 1196
                                 Page 2

 
Public Defender, and several individuals testified in opposition
to this measure.

     Your Committee has amended this measure by deleting its
substance and inserting language from H.B. No. 1150, H.D. 1, a
similar bill in general purpose and intent, which was earlier
passed out of Your Committee.  Among other things, as amended,
this measure:

     (1)  Makes permanent the rules for involuntary medication of
          psychiatric patients;

     (2)  Does not provide counsel for involuntary
          hospitalization proceedings; and

     (3)  Does not require yearly reports to the Legislature.

     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.
1032, S.D. 1, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 1032, S.D.
1, H.D. 1, and be referred to the Committee on Judiciary and
Hawaiian Affairs.

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



                                   ______________________________
                                   ALEXANDER C. SANTIAGO, Chair