STAND. COM. REP. NO. 339-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2100

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 2100 entitled:

"A BILL FOR AN ACT RELATING TO INVOLUNTARY PSYCHIATRIC TREATMENT,"

begs leave to report as follows:

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

The Attorney General, Hawaii Government Employees Association, AFSCME, Local 152, AFL-CIO, and Hawaii Psychiatric Medical Association testified in support of this measure. DOH supported this measure with amendments. NAMI Oahu supported the intent of this measure. The Hawaii Disability Rights Center opposed this measure.

Your Committee has amended this bill by:

(1) Inserting a provision that a person may be committed to a psychiatric facility for involuntary hospitalization if the court finds that the person has a physical or mental disease, disorder, or defect;

(2) Changing the term "state hospital" to "state operated or funded psychiatric facility" throughout the bill;

(3) Clarifying provisions for treatment with regard to prosecution; 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. 2100, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2100, H.D. 1, and be referred to the Committee on Judiciary.

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

 

____________________________

DENNIS A. ARAKAKI, Chair