Bill Text: HI HB1910 | 2014 | Regular Session | Introduced


Bill Title: Disabled Persons; Bill of Rights

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-12 - The committee(s) on HLT recommend(s) that the measure be deferred. [HB1910 Detail]

Download: Hawaii-2014-HB1910-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1910

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to disabled persons.

 

 

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

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

disabled person's bill of rights

     §   -1  Disabled person's bill of rights; findings.  The legislature finds that:

     (1)  Some disabled persons in the State are denied access to treatments and treatment modalities that are reasonably believed to be the most effective treatments for their conditions or diseases;

     (2)  Inadequate access to treatments that are known to be effective constitutes a significant health and quality of life issue for those disabled persons; and

     (3)  The share of health care spending for drugs and medications is rapidly increasing.  It is therefore essential to maintain a competitive market in the supply of drugs and medications to ensure adequate supplies and free and open competition in pricing.  Disabled persons, as consumers, are harmed when wholesalers enforce contracts or agreements that feature tying or exclusive purchasing terms, or any type of disincentive to purchase from a competing wholesaler or wholesalers.

     §   -2  Bill of rights.  (a)  The disabled person's bill of rights includes the following:

     (1)  The right to considerate and respectful care, including effective symptom or disability management, with recognition of one's personal dignity;

     (2)  The right to know, at all times, the identity, professional status, and professional credentials of health care personnel, including the health care provider who is primarily responsible for one's care;

     (3)  The right to be advised in non-clinical terms of information needed to knowingly consent to or refuse treatment; provided that the information shall include significant complications, risks, and benefits;

     (4)  The right to receive information on all known alternative treatments that are medically viable for one's condition;

     (5)  The right to obtain treatment that a licensed physician recommends even if the treatment is off-label, not approved, or not legal for use or consumption by the general population;

     (6)  The right to quality care and treatment that is consistent with available resources and generally accepted standards; and

     (7)  The right to refuse treatment to the extent allowable by law and to be informed of the consequences of a refusal.

     (b)  It shall be unlawful for anyone to impose artificial limits on supplies or rationing of products, or to otherwise interfere with competition in the purchasing at wholesale of any drug or medication by any retail pharmacy for resale, except as otherwise provided by federal law.

     (c)  Nothing in this section shall be construed to expand the authorized scope of practice of any licensed physician."

     SECTION 2.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Disabled Persons; Bill of Rights

 

Description:

Establishes a bill of rights for disabled persons.

 

 

 

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

 

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