Bill Text: HI HB1109 | 2016 | Regular Session | Amended
Bill Title: Behavior Support Review Committee for Persons with Developmental and Intellectual Disabilities
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB1109 Detail]
Download: Hawaii-2016-HB1109-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1109 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO A BEHAVIOR SUPPORT REVIEW COMMITTEE FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the department of health's position on behavior support is to ensure that behavior interventions are implemented appropriately to assist and support individuals receiving services and those providing support to them. This position:
(1) Emphasizes positive behavior supports that promote the growth, development, and independence of individuals; individual choice in daily decision-making; self-management; and individual responsibility for behaviors;
(2) Provides for working with persons with challenging behavior, with a focus on teaching replacement behaviors that serve as the function for what the individual is communicating rather than the suppression or elimination of undesirable behaviors, and specification of prohibited interventions; and
(3) Enables appropriate safeguards and oversight if aversive procedures, planned or crisis, are used, with planning for the eventual elimination of seclusion and restraints.
The legislature also finds that when an individual with intellectual or developmental disabilities is a danger to self or others, restraints or seclusion may be recommended and administered. Before and after such methods are administered, a behavior support review committee is convened to evaluate such cases and make recommendations. The behavior support review committee membership may include:
(1) A parent of an individual receiving service from the department of health developmental disabilities division;
(2) A developmental disabilities division service provider who provides at least two services to participants;
(3) A community member with no direct involvement with developmental disabilities division waiver provider programs;
(4) A department of health facilitator with experience or training in best practices to support behaviors of individuals with developmental disabilities;
(5) A department of health case manager with experience in supporting participants with behavior concerns; and
(6) A person receiving services from the developmental disabilities division.
The purpose of this Act is to establish the behavior support review process and to provide behavior support review committee members with immunity from liability.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . Behavior Support Review COMMITTEE FOR Persons with Developmental or Intellectual Disabilities
§321- Definitions. Whenever used in this part, unless the context otherwise requires:
"Department" means the department of health.
"Developmental disability" shall be as defined in section 333F-1.
"Director" means the director of health or the director's designee.
"Intellectual disability" shall be as defined in section 333F-1.
"Person with developmental or intellectual disabilities" means a youth or an adult with a developmental or intellectual disability.
"Restraints" means the methods of restricting a person's freedom of movement by holding a person (manual or physical restraint); applying a device specifically designed to safely restrain or assist in restraining; or using a psychotropic medication prescribed without the appropriate Diagnostic and Statistical Manual diagnosis or prescribed on an as needed basis (chemical restraint). A restraint does not include brief and minimally restrictive physical contact in order to calm or comfort a person, or holding a person's hand to safely escort the person from one area to another.
"Seclusion" means any involuntary confinement to a room or area where one is physically prevented from leaving.
§321- Behavior support review. The department may convene a behavior support review committee to conduct multidisciplinary and multiagency reviews of the administration of restraints or seclusion on persons with developmental or intellectual disabilities to:
(1) Ensure appropriate use of restraints or seclusion; and
(2) Reduce the risk of harm or death to persons with developmental or intellectual disabilities.
§321- Access to information. (a) Upon written request of the director, all providers of supports and state and county agencies shall disclose to the department and the members of a behavior support review committee for a person with developmental or intellectual disabilities the circumstances of restraints or seclusion used for the person with developmental or intellectual disabilities, to allow the department to conduct multidisciplinary reviews of restraints or seclusion used for persons with developmental or intellectual disabilities, pursuant to section 321-31 and this part.
(b) To the extent that this section conflicts with any other state confidentiality law, this section shall prevail.
§321- Exception. Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency.
§321- Use and review of information and records pertaining to behavior support review of persons with developmental or intellectual disabilities. (a) Except as otherwise provided in this part, all information and records acquired by the department or committee during its multidisciplinary, multiagency reviews of restraints or seclusion of persons with developmental or intellectual disabilities pursuant to this part shall be kept confidential and may be disclosed only as necessary to carry out the purposes of this part.
(b) Information and statistical compilations of data from the multidisciplinary reviews of restraints or seclusion of persons with developmental or intellectual disabilities that do not contain any information that would permit the identification of any person shall be public records.
(c) No individual participating in the department's multidisciplinary review of the restraints or seclusion of a person with developmental or intellectual disabilities may be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of meetings for the multidisciplinary review of restraints or seclusion. Nothing in this subsection shall be construed to prevent a person from testifying to information obtained independently of the department's multidisciplinary behavior support review, or that is public information, or where disclosure is required by law or court order.
(d) Information held by the department as a result of a multidisciplinary review of the restraints or seclusion of a person with developmental or intellectual disabilities conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; provided that information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because it was provided as required by this part.
§321- Immunity from liability. No agency or individual participating in multidisciplinary reviews of restraints or seclusions of persons with developmental or intellectual disabilities pursuant to this part shall be held civilly or criminally liable for providing information required under this part."
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Behavior Support Review Committee for Persons with Developmental and Intellectual Disabilities
Description:
Describes the behavioral support review process for multidisciplinary reviews of restraints or seclusion of persons with developmental or intellectual disabilities. Exempts those who participate in the reviews from liability for authorized disclosure of information. (HB1109 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
