STAND. COM. REP. NO. 2991

Honolulu, Hawaii

RE: S.B. No. 2025

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2025, S.D. 1, entitled:

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

begs 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 human immunodeficiency virus (HIV) or the prevention of HIV.

Your Committee received testimony in support of this measure from the Department of Health, The Trevor Project, LGBT Caucus of the Democratic Party of Hawai‘i, Planned Parenthood Votes Northwest and Hawaii, Hawaii Youth Services Network, Filipina Advocacy Network, Hawai‘i Health and Harm Reduction Center, Pride at Work – Hawaii, and fifteen individuals.

Your Committee finds that safe, effective medications for the treatment and prevention of HIV, and other sexually transmitted infections, need to be accessible for all individuals diagnosed with HIV or at high risk of acquiring HIV so that they can either prevent infection or receive care. This measure removes barriers to care for minors by allowing 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 Committee finds that in its current form, this measure is inconsistent as to who is liable for medical costs. Your Committee further finds it concerning that existing law provides that if a minor patient is not diagnosed as being pregnant or having a sexually transmitted infection, the treating physician or nurse may disclose such information to the patient's parent or guardian after consulting with the minor patient. Your Committee requests that as this measure proceeds it be amended to specify that neither the minor nor the parent is liable for medical costs and to stipulate that a treating physician or nurse may only disclose information regarding a minor's negative pregnancy or sexually transmitted infection diagnosis with the minor's consent.

Your Committee has amended this measure by inserting a defective date of August 26, 2050, 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. 2025, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2025, S.D. 2.

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

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KARL RHOADS, Chair