Advance health care directives

Provides for the display of advance health care directives on
drivers' licenses and on state identification cards. (HB461 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 286-109.5, Hawaii Revised Statutes, is
 2 amended to read as follows [a]:
 3      "286-109.5  Designation of anatomical gift[.] and advance
 4 health care directive.  The examiner of drivers shall design and
 5 implement [a]:
 6      (1)  A system to request anatomical gift information and
 7           advance health care directive information from all
 8           applicants for a driver's license or license renewal,
 9           at the time of application[, including a method]; and
10      (2)  A method of directly imprinting on a license an
11           applicant's designation of whether the applicant
12           [wishes]:
13           (A)  Wishes to be an organ donor[.]; and
14           (B)  Has an advance health care directive.
15 The request shall elicit whether the applicant wishes to be an
16 organ donor in the event of the applicant's death[.]; and, if the
17 applicant has an advance health care directive, whether the
18 applicant wishes to have that information displayed on the
19 applicant's driver's license.

Page 2                                                     461
                                     H.B. NO.           H.D. 1

 1      For purposes of this section, "advance health care
 2 directive" means individual instruction or a durable power of
 3 attorney for health care decisions."
 4      SECTION 2.  Section 846-28, Hawaii Revised Statutes, is
 5 amended to read as follows:
 6      "846-28  Information to be secured.  The department of the
 7 attorney general shall require, collect, secure, make, and
 8 maintain a record of the following items of information so far as
 9 it is practicable to secure the same, with respect to each
10 applicant for registration:
11      (1)  The name of the person applying to be registered
12           (hereinafter called the "registrant" or "applicant"),
13           the street and number or address of the applicant's
14           place of permanent residence, and the applicant's
15           residence and business telephone numbers, if any;
16      (2)  The applicant's occupation and any pertinent data
17           relating thereto;
18      (3)  The applicant's nationality or racial extraction;
19      (4)  The applicant's citizenship;
20      (5)  The date and place of the applicant's birth;
21      (6)  The applicant's personal description including sex,
22           height, weight, hair, eyes, complexion, build, scars,
23           and marks;

Page 3                                                     461
                                     H.B. NO.           H.D. 1

 1      (7)  The applicant's right thumbprint or, if the applicant
 2           has no right thumb, other identifying imprint as
 3           specified by rules of the department; provided that
 4           this requirement shall not apply to minors until they
 5           reach the age of three years;
 6      (8)  The name, relationship, and address of the nearest
 7           relative or other person to be notified in case of
 8           sickness, accident, death, emergency, or need of the
 9           applicant, if such notification is desired; [and]
10      (9)  The social security number of the applicant[.]; and
11     (10)  The applicant's advance health care directive, if any;
12           provided that every applicant shall have the option to
13           decide whether to display information on the
14           applicant's certification of identification relating to
15           the advance health care directive.
16     For purposes of this section, "advance health care directive"
17 means individual instruction or a durable power of attorney for
18 health care decisions."
19      SECTION 3.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 4.  This Act shall take effect upon its approval.