STAND. COM. REP. NO. 738

Honolulu, Hawaii

, 2023

RE: H.B. No. 650

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 650, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to amend the Our Care, Our Choice Act to:

(1) Authorize advanced practice registered nurses to practice medical aid in dying in accordance with their scope of practice and prescribing authority;

(2) Authorize advanced practice registered nurses with a psychiatric or clinical nurse specialization to provide counseling to a qualified patient;

(3) Reduce the mandatory waiting period between oral requests from twenty days to five days; and

(4) Provide an expedited pathway for terminally ill qualified patients who are not expected to survive the mandatory waiting period.

Your Committee received testimony in support of this measure from Department of Health, Compassion & Choices, Hawai‘i Association of Professional Nurses, Hawaii Society of Clinical Oncology, Hawai‘i Psychological Association, Hawaiian Islands Association for Marriage and Family Therapy, Stonewall Caucus of the Democratic Party of Hawai‘i, and numerous individuals. Your Committee received testimony in opposition to this measure from Hawaii Family Forum and two individuals. Your Committee received comments on this measure from the Board of Nursing, Hawai‘i State Center for Nursing, and Hawaii Medical Association.

Your Committee finds that the Our Care, Our Choice Act allows mentally capable, terminally ill adults with six months or less to live to voluntarily request and receive prescription medication that allows the person to die in a peaceful, humane, and dignified manner. However, the lack of provider access in certain areas is preventing patients from accessing or diminishing their chances to complete the medical aid in dying process. This measure opens access to medical aid in dying for those terminally ill patients who wish to access the full range of end-of-life care options.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 650, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

MARK M. NAKASHIMA, Chair