SR3.DOC

WHEREAS, pursuant to section 26-13, chapter 334, and other relevant and related provisions of the Hawaii Revised Statutes, the Department of Health is responsible for the administration of programs designed to protect, preserve, care for, and improve the physical and mental health of the people of the State; and

WHEREAS, the Department of Health operates and is responsible for the operation of the Hawaii State Hospital, a psychiatric facility, and for providing mental health treatment and rehabilitation services and to ensure that such services are provided by professional and well-trained employees in a manner consistent with the rights of patients to privacy, respect, and personal dignity, in a humane environment, free of discriminatory treatment; and

WHEREAS, in 2008, the Legislature enacted Act 100, Session Laws of Hawaii 2008 (Act 100), in response to recommendations made by a task force that was convened by the Governor to evaluate and recommend policy changes at the Hawaii State Hospital; and

WHEREAS, part II of Act 100, noted that "[p]atient to staff assault at Hawaii state hospital has recently been an area of heightened organizational focus and public scrutiny" and that the hospital monitors and follows up on all instances of patient to staff assault, monitors injuries, and "has a number of continuing monitoring, supervisory and training processes focused on decreasing the instances and severity of assault, and staff and patient injury"; and

WHEREAS, the Legislature, in response to the recommendation of the task force, amended section 707-711, Hawaii Revised Statutes, to specifically establish intentionally or knowingly causing bodily injury to an employee at a state-operated or state-contracted mental health facility as assault in the second degree, a class C felony; and

WHEREAS, since the enactment of Act 100, members of the Legislature have periodically received information of instances of hospital staff injuries, failure or refusal to attend to or treat, or monitor instances of staff injuries caused by patients at the Hawaii State Hospital, and instances of employment improprieties by administrative and supervisory personnel; and

WHEREAS, on November 20, 2013, several employees of the Hawaii State Hospital informed Senators about their concerns about workplace safety involving patient attacks on employees and of alleged administrative and employment improprieties at the Hawaii State Hospital; and

WHEREAS, on January 7, 2014, the Senate Committees on Health and Judiciary and Labor held an informational briefing to:

(1) Receive an update on the state of violence against Hawaii State Hospital workers;

(2) Explore staffing patterns at the Hawaii State Hospital and plans to create a sage workplace; and

(3) Receive information about the spectrum of patients, including violent offenders, at Hawaii State Hospital; and

WHEREAS, the Departments of Health, Labor and Industrial Relations, and Public Safety, the Hawaii State Hospital Administration, injured workers, the State Judiciary, and others were invited to participate in the informational briefing; and

WHEREAS, at the informational briefing, the Hawaii State Hospital Acting Administrator disclosed that there were nine assaults on employees in November 2013 that resulted in physical injury or emotional distress, but without causing any of the workers to "lose time" at work; and

WHEREAS, at the informational briefing, employees alleged that their supervisors discouraged reporting of injuries inflicted by patients, and were reprimanded for raising concerns of workplace safety and improper employment practices; and

WHEREAS, employees have further alleged that other employees are afraid to reveal or discuss concerns as to their workplace safety and administrative and employment improprieties for fear of retaliation from their supervisors; and

WHEREAS, the information received from the informational briefing, together with employee allegations of concerns of workplace safety, discouragement of reporting of injuries, and threats of reprimand and retaliation raise serious concerns as to the operation of the Hawaii State Hospital, a psychiatric facility that is established and expressly intended to provide mental health treatment and rehabilitation services and to ensure that such services are provided by professional and well-trained employees in a manner consistent with the rights of patients to privacy, respect, and personal dignity, in a humane environment, free of discriminatory practices and abusive treatment; and

WHEREAS, section 21-3, Hawaii Revised Statutes, authorizes the establishment of a legislative investigative committee by a single house resolution, and Rule 13(3) of the Rules of the Senate allows for the establishment of a special investigative committee; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, that there is established a Senate special investigative committee, pursuant to chapter 21, Hawaii Revised Statutes, to:

(1) Investigate the workplace safety of all Hawaii State Hospital psychiatric workers;

(2) Investigate the alleged Hawaii State Hospital administrative and employment improprieties; and

(3) Inquire into, gather, and analyze information, including Hawaii State Hospital's personnel files, that may provide relevant information concerning worker safety and alleged administrative improprieties; and

BE IT FURTHER RESOLVED that the Senate special investigative committee to investigate the workplace safety of all psychiatric workers and alleged administrative and employment improprieties at Hawaii State Hospital shall be co‑chaired by the Chairs of Health and Judiciary and Labor; and

BE IT FURTHER RESOLVED that the membership of the Senate special investigative committee to investigate the workplace safety of all psychiatric workers and alleged administrative and employment improprieties at Hawaii State Hospital comprise not less than five members, including the Chairs of the Health and Judiciary and Labor Committees, to be appointed by the President of the Senate; and

BE IT FURTHER RESOLVED that the Senate special investigative committee to investigate the workplace safety of all psychiatric workers and alleged administrative and employment improprieties at Hawaii State Hospital shall have every power and function allowed to an investigating committee by law, including without limitation the power to:

(1) Adopt rules for the conduct of its proceedings;

(2) Issue subpoenas requiring the attendance and testimony of witnesses and subpoenas duces tecum requiring the production of books, documents, records, papers, or other evidence in any matter pending before the investigative committee;

(3) Hold hearings appropriate for the performance of its duties, at such times and places as the investigative committee determines;

(4) Administer oaths and affirmations to witnesses at hearings of the investigative committee;

(5) Report or certify instances of contempt as provided in section 21-14, Hawaii Revised Statutes;

(6) Determine the means by which a record shall be made of its proceedings in which testimony or other evidence is demanded or adduced;

(7) Provide for the submission, by a witness's own counsel and counsel for another individual or entity about whom the witness has devoted substantial or important portions of the witness's testimony, of written questions to be asked of the witness by the chair; and

(8) Exercise all other powers specified under chapter 21, Hawaii Revised Statutes, with respect to investigative committee; and

BE IT FURTHER RESOLVED that the President of the Senate, from time to time, may refer to the Senate special investigative committee to investigate the workplace safety of all psychiatric workers and alleged administrative and employment improprieties at Hawaii State Hospital specific matters that are within the scope of the investigative committee's jurisdiction; and

BE IT FURTHER RESOLVED that the Senate special investigative committee shall submit its written findings and recommendations to the Legislature; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, President of the Senate, and Acting Director of the Department of Health.

	OFFERED BY:	_____________________________

Report Title:

Hawaii State Hospital; Special Investigative Committee; Establishment

THE SENATE	S.R. NO.	3
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII