STAND. COM. REP. 1141

Honolulu, Hawaii

, 2003

RE: S.B. No. 1109

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Health and Human Services and Housing, to which was referred S.B. No. 1109, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DEPENDENT ADULTS,"

beg leave to report as follows:

The purpose of this bill is to require any family or household member who knows or believes that a dependent adult family or household member (adult):

(1) Needs medical treatment;

(2) Is unable to obtain it; and

(3) Is at imminent risk of death or serious injury,

to seek medical treatment for the adult or report the matter to the police.

The City and County of Honolulu Police Department and a Maui County Council member testified in support of this measure. The City and County of Honolulu Department of the Prosecuting Attorney and Christian Science Committee on Publication for Hawaii also supported this bill with amendments. The Department of Human Services (DHS) opposed this measure.

Your Committees find that although most people will assist an adult in need of medical care, there are instances where such treatment may not be rendered. Currently, there is no criminal liability if a family member fails to provide medical care for a dependent adult. Moreover, because a family member is currently not considered a mandated reporter, that family member is not required to report the adult's condition to authorities.

Your Committees have amended this bill by:

(1) Simplifying references to "necessary health care, access to health care, or prescribed medication" with "medical treatment or care";

(2) Allowing a family or household member to also report the matter to DHS; and

(3) Making technical, nonsubstantive amendments for the purpose of clarity.

As affirmed by the records of votes of the members of your Committees on Health and Human Services and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1109, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1109, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

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

 

____________________________

MICHAEL PUAMAMO KAHIKINA, Chair

____________________________

DENNIS A. ARAKAKI, Chair