STAND. COM. REP. NO.  4-16


Honolulu, Hawaii

                , 2016


RE:   S.B. No. 911

      S.D. 2

      H.D. 2





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii




     Your Committee on Judiciary, to which was referred S.B. No. 911, S.D. 2, H.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure, as received by your Committee, is to prohibit the use of latex gloves by personnel in dental health facilities, health care facilities except hospital operating rooms that abide by latex-safe environment protocols, ambulance and emergency medical services, and food establishments.


     For purposes of the public hearing, your Committee circulated a proposed draft that deletes the provisions of the measure as it was received by your Committee and inserts new language that:


     (1)  Prohibits all personnel in dental health facilities, health care facilities, and emergency services from using latex gloves for patient care when the patient is unable to communicate but permits it if the patient can communicate and affirms that the patient is not allergic to latex; and


     (2)  Prohibits all personnel in food service establishments from using latex gloves.


     Your Committee finds that latex allergy can cause reactions that range from mild skin irritation to fatal anaphylaxis.  It is estimated that 3,000,000 people in the United States are afflicted with this allergy.  For many, because there is no cure, the strict avoidance of any exposure to latex is their only relief.  This measure protects the affected public by restricting the use of latex gloves by personnel working in dental health and health care settings to circumstances where the patient is able to confirm that the use of latex is safe.  This measure also protects workers and the public in food service settings by prohibiting latex gloves altogether.


     Your Committee received testimony from numerous concerned individuals in support of the proposed draft.  The Hawaii Dental Association testified in opposition.  Two concerned individuals provided comments.


     Your Committee considered both S.B. No. 911, S.D. 2, H.D.1 as it was received by your Committee and the proposed draft.  Upon careful consideration, your Committee voted to accept the proposed draft, with an additional amendment inserting an effective date of February 15, 2053, to encourage further discussion.


     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. 911, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 911, S.D. 2, H.D. 2.


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