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State bans excited delirium as medical diagnosis and limits law enforcement reporting

January 24, 2024 | 2024 Introduced Bills, Senate, 2024 Bills, Hawaii Legislation Bills, Hawaii



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State bans excited delirium as medical diagnosis and limits law enforcement reporting
Hawaii's Senate has introduced a significant legislative bill, SB2033, aimed at addressing the controversial diagnosis of "excited delirium." Proposed on January 24, 2024, the bill seeks to prohibit the recognition of excited delirium as a valid medical diagnosis or cause of death within the state. This move comes in response to growing concerns over the implications of the term, particularly in relation to law enforcement practices and public health.

Key provisions of SB2033 include a ban on local health officers or agents from listing excited delirium as a cause of death on death certificates or in any official reports. Additionally, law enforcement officers would be prohibited from using the term in incident reports, effectively removing it from the lexicon of medical and legal documentation in Hawaii. The bill also establishes a new rule of evidence that renders any claims of excited delirium inadmissible in civil actions, which could have far-reaching implications for legal accountability in cases involving police encounters.

The introduction of this bill has sparked notable debates among lawmakers, medical professionals, and civil rights advocates. Proponents argue that excited delirium is often misused to justify excessive force by law enforcement and can lead to unjust outcomes in legal proceedings. Critics, however, express concerns that banning the term could hinder the understanding of certain medical conditions and limit the ability to address underlying health issues effectively.

The implications of SB2033 extend beyond legal definitions; they touch on broader social and political issues, including police reform and public health policy. Experts suggest that the bill could reshape how mental health crises are addressed in the state, potentially leading to more humane and effective responses from law enforcement.

As the legislative process unfolds, the future of SB2033 remains uncertain. Its passage could signal a significant shift in Hawaii's approach to mental health and law enforcement, while also setting a precedent for other states grappling with similar issues. The ongoing discussions surrounding this bill highlight the critical intersection of health, law, and community safety, underscoring the need for thoughtful consideration of how terms and diagnoses impact real lives.

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