STAND. COM. REP. NO. 2553

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2121

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 2121, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to ensure that people who need mental health treatment get the treatment they need while ensuring that their rights are protected.

 

Specifically, this measure:

 

     (1)  Permits any interested person with a clear and abiding interest in the well-being of the individual to file a written petition for emergency admission for commitment to a psychiatric facility;

 

     (2)  Requires an independent evaluation by a psychiatrist or psychologist employed at the licensed psychiatric facility where the patient is admitted for involuntary hospitalization when the licensed physician, physician assistant, or psychologist who directed the admittance is not an employee or an agent of the licensed psychiatric facility;

 

     (3)  Removes the threshold requirement that a person be "imminently dangerous" and replaces it with "dangerous" when a law enforcement officer is making a determination on whether emergency mental health workers should be contacted; and

 

     (4)  Provides that at any stage of the proceedings, the court may appoint a guardian ad litem for the patient.

 

     Written comments in support of this measure were submitted by Kahi Mohala Behavioral Health; and one private citizen.  Written comments in opposition of this measure were submitted by the American Civil Liberties Union of Hawaii.  Written comments were submitted by the Hawaii Disability Rights Center.

 

     Your Committee finds that this measure strikes the appropriate balance between providing mental health services to people who need them and protecting the patient's rights in the process.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2121, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

		____________________________ DAVID Y. IGE, Chair