STAND. COM. REP. NO. 2133

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2876
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 2876 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIMINAL BACKGROUND CHECKS
     FOR THE DEPARTMENT OF HEALTH,"

begs leave to report as follows:

     The purpose of this measure is to require the Department of
Health (DOH) to develop procedures for obtaining verifiable
information, including criminal history record checks, regarding
the criminal history of persons seeking employment with the DOH,
providers, or subcontractors.

     Your Committee received testimony in support of this measure
from the Department of Health (DOH), Attorney General, Office of
Youth Services, and The Sex Abuse Treatment Center.

     This measure applies to persons in positions that place them
in close proximity with clients, when providing medical, mental
health, or substance abuse treatment services.  These services
are personal and may involve intimate contact with clients.  Your
Committee believes that any person performing these services
should be of reputable character, as evidenced in part by a
criminal history background check.

     Your Committee has amended this measure by:

     (1)  Replacing "close proximity" with "direct contact";


 
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     (2)  Clarifying that the positions covered by this measure
          are those involving direct contact with clients when
          providing services that are "non-witnessed";

     (3)  Clarifying that the DOH must obtain criminal history
          checks on current as well as prospective employees;

     (4)  Adding that the DOH may terminate a current employee on
          the same basis as other provisions in the measure;

     (5)  Clarifying that the DOH must do background checks first
          for providers and subcontractors, second for employees
          employed by the DOH since 1990, and third for all other
          employees of the DOH;

     (6)  Allowing Hawaii criminal history data center to
          disseminate information to the DOH for purposes of the
          measure; and

     (7)  Making technical, nonsubstantive changes to reflect
          preferred drafting style and for clarity and
          consistency.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2876, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2876,
S.D. 1, and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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