STAND. COM. REP. NO. 1489

Honolulu, Hawaii

, 2005

RE: S.B. No. 122

S.D. 1

H.D. 3

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 122, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PATIENT SAFETY,"

begs leave to report as follows:

The purpose of this bill is to promote frank discussion, and thereby enhance patient safety, by extending to the records and proceedings of "case review forums" the protection from discovery that currently applies to peer review committees and quality assurance committees.

The Consumer Lawyers of Hawaii, Hawaii Pacific Health, Healthcare Association of Hawaii, and Kaiser Permanente supported this bill.

Your Committee has amended this measure by:

(1) Deleting the phrase "and to convene meetings for the presentation and critique of cases for educational purposes" from the definition of "quality assurance committee," as duplicative of the definition of "case review forum," based on the legislative history of section 624-25.5, Hawaii Revised Statutes. Your Committee notes that S.B. No. 2577, as introduced in the 2004 legislative session, contained a definition of "case review forum" that is identical to the definition in this measure. Your Committee notes further that the Senate Committee on Health amended S.B. No. 2577 by removing references to "case review forum" and incorporating the concept of that term into the definition of "quality assurance committee"; and

(2) Making technical, nonsubstantive amendments for style, clarity, and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 122, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 122, S.D. 1, H.D. 3.

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

 

____________________________

SYLVIA LUKE, Chair