Bill Text: HI HB532 | 2010 | Regular Session | Amended

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Bill Title: Good Samaritan Policies; Medical Amnesty

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB532 Detail]

Download: Hawaii-2010-HB532-Amended.html

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STAND. COM. REP. NO.  267

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 532

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Health, to which was referred H.B. No. 532 entitled:

 

"A BILL FOR AN ACT RELATING TO MEDICAL AMNESTY,"

 

begs leave to report as follows:

 

     The purpose of this measure is to create a Good Samaritan policy regarding drug overdoses, also known as medical amnesty.

 

More specifically, this measure provides limited immunity to individuals seeking medical assistance for victims of drug overdoses.  It also provides limited immunity for drug overdose victims themselves if they are in need of medical care.

 

     The Drug Policy Forum of Hawaii provided testimony in support of the measure.

 

     Drug overdoses commonly occur in the presence of family, friends, and acquaintances.  In some instances, these individuals also may be using controlled substances, along with the person who overdoses.  Because of the criminal nature of possessing controlled substances, people hesitate to call for emergency medical assistance for a drug overdose and attempt their own life-saving techniques, thus delaying necessary medical treatment that could save the life of a drug overdose victim.

 

     Your Committee finds that the medical amnesty proposed in this measure, which is modeled after New Mexico legislation and university policies across the country, will encourage individuals to call for medical assistance after witnessing a drug overdose and is likely to save lives in emergency situations.  Limiting amnesty only to those who may be using controlled substances, rather than selling drugs to the person, who overdoses, achieves this goal without providing amnesty for dealing drugs. 

 

     Your Committee also finds that this measure will not promote drug abuse, because at the point of a drug overdose any deterrent of criminal punishment for a victim clearly is too late to prevent the abuse.  Rather this measure would enable a person to make a life-saving decision promptly and without hesitation.  

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 532 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

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

 

 

		____________________________ RYAN I. YAMANE, Chair