STAND. COM. REP. NO. 2659

Honolulu, Hawaii

RE: S.B. No. 2025

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Human Services and Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2025 entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL CARE FOR MINORS,"

beg leave to report as follows:

The purpose and intent of this measure is to permit minors to consent to medical care related to the diagnosis or treatment of HIV or the prevention of HIV. Parents or legal guardians would not be able to revoke consent for treatment or prevention of HIV and the minor would not be liable for payment.

Your Committees received testimony in support of this measure from the Department of Health, Hawaii Youth Services Network, Pride at Work - Hawaii, LGBT Caucus of the Democratic Party of Hawaii, Planned Parenthood Votes Northwest and Hawaii, Hawai‘i Health & Harm Reduction Center, and eighteen individuals.

Your Committees find that safe, effective medications for the treatment and prevention of HIV need to be accessible for all individuals diagnosed with HIV or at high risk of acquiring HIV. It is essential that young people also have access to these medical interventions so that they can either prevent infection or receive care. Your Committees also find that this measure would allow minors who cannot or will not seek the consent of their parents or guardians to consent to medication intervention and prevention of HIV infection.

Your Committees, as suggested by the Department of Health, have amended this measure by:

(1) Relocating the provisions of the measure from chapter 325, Hawaii Revised Statutes to chapter 577A, Hawaii Revised Statutes;

(2) Removing the definition of "minor" from the proposed language of the measure for consistency with usage in section 577A-1, Hawaii Revised Statutes;

(3) Adding a new definition for "sexually transmitted infection" to section 577A-1, Hawaii Revised Statutes;

(4) Updating the definition "medical care and services" to repeal "venereal diseases" and replace with the term "sexually transmitted infection";

(5) Replacing the term "afflicted with a venereal disease" with "infected with, or to have been exposed to, a sexually transmitted infection" in sections 577A-2 and 577A-3, Hawaii Revised Statutes;

(6) Adding language to 577A-4(a), Hawaii Revised Statutes that clarifies a minor will not be liable for payment of medical care and services related to HIV; and

(7) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Human Services and Commerce, Consumer Protection, and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2025, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2025, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Human Services and Commerce, Consumer Protection, and Health,

________________________________ ROSALYN H. BAKER, Chair

________________________________ RUSSELL E. RUDERMAN, Chair