05/03/2006 08:30 AM Senate JUDICIARY

                  HB 442-HEALTH CARE DECISIONS                                                                              
9:50:15 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  442(JUD)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR HOLLIS FRENCH  moved Amendment 1. Page 5,  line 16, after                                                               
the word "by" insert the word "negligence."                                                                                     
                                                                                                                                
JACQUELINE  TUPOU,  Staff   to  Representative  Bruce  Weyhrauch,                                                               
disagreed.  She  said  it  is  necessary  to  give  doctors  more                                                               
protection from liability so that  they can continue to treat DNR                                                               
patients and  so that people are  afforded the right to  choose a                                                               
DNR directive.  Negligence is the  lowest standard to be  able to                                                               
prove, she  stated. Representative Weyhrauch has  worked hundreds                                                               
of hours  on this legislation,  she asserted, to make  sure there                                                               
is a balance  so that there will be doctors  who honor healthcare                                                               
directives and  also remain willing  to operate or  treat someone                                                               
with a DNR.                                                                                                                     
                                                                                                                                
9:54:09 AM                                                                                                                    
CHAIR SEEKINS clarified Senator French's proposed Amendment 1.                                                                  
                                                                                                                                
SENATOR GUESS said she appreciated  the passion but the committee                                                               
is here to  do the right thing. Negligence is  a standard and has                                                               
weight and  proof in a court  of law. She did  not understand the                                                               
reason for the  objection to having all the  current standards of                                                               
law  in the  bill.  She said  if  a  family is  so  upset with  a                                                               
person's  DNR  directive, they  might  sue  regardless. The  real                                                               
question is  whether or not  to hold someone accountable  for his                                                               
or her actions,  she stated. She expressed  support for Amendment                                                               
1.                                                                                                                              
                                                                                                                                
CHAIR SEEKINS  said the bill  wouldn't be letting anyone  off the                                                               
hook in terms of a negligent act.                                                                                               
                                                                                                                                
SENATOR CHARLIE  HUGGINS suggested the term  "negligence" creates                                                               
a playground for lawyers.                                                                                                       
                                                                                                                                
SENATOR  FRENCH stated  the committee  has been  asked to  make a                                                               
false   choice  between   allowing   carelessness  and   offering                                                               
immunity.  Doctors  should   be  held  to  a   standard  of  care                                                               
consistent to how  the statute reads. Without  the amendment, the                                                               
bill leaves out protection for the patients and families.                                                                       
                                                                                                                                
Roll call proved  Amendment 1 failed on a 3-2  vote with Senators                                                               
Huggins, Therriault  and Seekins voting Nay,  and Senators French                                                               
and Guess voting Yea.                                                                                                           
                                                                                                                                
SENATOR  HUGGINS  moved  CSHB 442(JUD)  am  from  committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.