STAND. COM. REP. NO. 2772

Honolulu, Hawaii

RE: S.B. No. 2529

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2529, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROVIDER ORDERS FOR LIFE SUSTAINING TREATMENT FORM,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the definition of "patient's provider" in state law governing provider orders for life-sustaining treatment (POLST) by removing language that requires the provider to examine the patient.

Your Committee received testimony in support of this measure from the Department of Health, State Health Planning and Development Agency, Kaiser Permanente Hawaiʻi, Kōkua Mau, Hawaiʻi Care Choices, Healthcare Association of Hawaii, Hospice Maui, and six individuals.

Your Committee finds that POLST is a portable medical order that sets out a patient's care plan and documents the patient's wishes and directions concerning resuscitative and life-sustaining measures. Your Committee further finds that POLST forms are currently required to be signed by the "patient's provider", defined as a licensed physician, advanced practice registered nurse, or physician assistant "who has physically examined the patient". This examination requirement impedes critical medical processes regarding a patient, particularly when a sudden and unexpected change in their health requires urgent POLST documentation but the patient is unable to find a provider, potentially leading to patients receiving unwanted life-prolonging treatments. This measure will aid patients in creating or updating POLST documentation by removing lengthy and inefficient requirements.

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. 2529, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair