HOUSE OF REPRESENTATIVES

H.B. NO.

2302

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO BEHAVIORAL SUPPORT REVIEW OF RESTRAINTS AND SECLUSION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    . Behavioral Support Review of Restraints or Seclusion Used on Persons with Developmental or Intellectual Disabilities

321-   Definitions. Whenever used in this part, unless the context otherwise requires:

"Department" means the department of health.

"Developmental disability" shall be as defined in section 333F-1.

"Developmental period" is the stage of a person's life commencing at birth and ending when the person attains the age of twenty-two.

"Director" means the director of health or the director's designee.

"Intellectual disability" means significantly sub-average general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period.

"Person with developmental or intellectual disabilities" means a youth or an adult with a developmental or intellectual disability.

"Residential support services" means those services provided in a family- or home-like setting to persons with developmental or intellectual disabilities to facilitate the acquisition, retention, or improvement of:

(1) Skills development;

(2) Socialization and relationships;

(3) Community participation and inclusion;

(4) Decision making, choice, and control;

(5) Health and safety; and

(6) Meaningful activities.

Residential support services may include services provided to persons with developmental or intellectual disabilities in state-licensed or state-certified facilities, independent living settings, or shared living arrangements. Residential support services shall not include payments for room and board.

"Restraints" means the methods of restricting a person's freedom of movement by holding a person (manual or physical restraint); using a mechanical device; or using a psychotropic medication prescribed without the appropriate Diagnostic and Statistical Manual diagnosis or prescribed on an as-needed basis (chemical restraint). Restraints do not include briefly holding a person without undue force, in order to calm or comfort the person, or holding a person's hand to safely escort the person from one area to another.

"Seclusion" means any involuntary confinement to a room or area where a person is physically prevented from leaving.

321-   Behavioral support review. The department may conduct multidisciplinary and multiagency reviews of restraints or seclusion of persons with developmental or intellectual disabilities to reduce the risk of harm or death to persons with developmental or intellectual disabilities.

321-   Access to information. (a) Upon written request of the director, all providers of residential support services and state and county agencies shall disclose to the department, and to those individuals appointed by the director to participate in a behavioral support review of a person with developmental or intellectual disabilities, the circumstances of restraints or seclusion of a person with developmental or intellectual disabilities to allow the department to conduct multidisciplinary reviews of restraints or seclusions used for persons with developmental or intellectual disabilities pursuant to section 321-31 and this part.

(b) To the extent that this section conflicts with other state confidentiality laws, this section shall prevail.

321-   Exception. Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency.

321-   Use and review of information and records and activities pertaining to behavioral support review of persons with developmental or intellectual disabilities. (a) Except as otherwise provided in this part, all information and records acquired by the department during its multidisciplinary, multiagency reviews of restraints or seclusions of persons with developmental or intellectual disabilities pursuant to this part shall be kept confidential and may be disclosed only as necessary to carry out the purposes of this part.

(b) Information and statistical compilations of data from the multidisiplinary reviews of restraints or seclusions of persons with developmental or intellectual disabilities that do not contain any information that would permit the identification of any person shall be public records.

(c) No individual participating in the department's multidisciplinary review of restraints or seclusions of a person with developmental or intellectual disabilities conducted under this part may be questioned in any civil or criminal proceeding regarding information presented in, or opinions formed, as a result of the meetings for the multidisciplinary review of restraints or seclusions. Nothing in this subsection shall be construed to prevent a person from testifying to information obtained independently of the department's multidisciplinary behavioral support review, or that is public information, or where disclosure is required by law or court order.

(d) Information held by the department as a result of a multidisciplinary review of restraints or seclusions of a person with developmental or intellectual disabilities conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because it was provided as required by this part.

321-   Immunity from liability. All agencies and individuals participating in multidisciplinary reviews of restraints or seclusions of persons with developmental or intellectual disabilities pursuant to this part shall not be held civilly or criminally liable for providing information required under this part."

SECTION 2. This Act shall take effect on July 1, 2050.



 

Report Title:

Behavioral Support Review of Restraints and Seclusion

 

Description:

Authorizes a behavioral support review process to assess the use of restraints and seclusion of individuals with developmental or intellectual disabilities. Provides disclosure, use, review, and immunity from liability provisions with respect to behavioral support reviews. Effective July 1, 2050. (HB2302 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.