Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1150
                                     H.D. 1

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Health, to which was referred H.B. No.
1150 entitled: 


begs leave to report as follows:

     The purpose of this bill is to alleviate mental illness and
restore competency while protecting the rights of patients by
authorizing the Department of Health (DOH) to adopt
administrative rules to establish an administrative process
allowing involuntary medication of psychiatric patients
institutionalized at the Hawaii State Hospital.

     DOH and the Mental Health Association in Hawaii submitted
testimony in support of this measure.  Nami Oahu submitted
testimony in support of the intent of this measure.  The Office
of the Public Defender, the Hawaii Psychiatric Medical
Association, and an individual submitted comments.

     Your Committee is concerned that this measure, as written,
excludes consumers from contributing to the fullest extent
possible in decisions about their care.

     Your Committee is also concerned that this measure delegates
the task for formulating the administrative procedures to DOH and
uses a review panel, not the courts, to adjudicate the propriety
of an involuntary medication order.  S.B. No. 3228, S.D. 1, H.D.
1, C.D. 1, Regular Session of 1998, contained comprehensive

                                 STAND. COM. REP. NO. 111
                                 Page 2

procedures as to the manner in which involuntary medication may
be authorized.  However, this measure was vetoed by the Governor.

     Your Committee believes that the Senate Bill may be a good
start in establishing a procedure concerning involuntary
medication, and suggests that subsequent committees consider
using this language.

     Your Committee recognizes the merit of this bill, and has
amended this measure by:

     (1)  Specifying the types of patients the rules will affect;

     (2)  Clarifying the purpose of the rules;

     (3)  Strengthening appeal procedures; and

     (4)  Making technical, nonsubstantive amendments for
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Health that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
1150, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 1150, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

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

                                   ALEXANDER C. SANTIAGO, Chair