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Committee advances assisted community treatment bill after heated debate over consent and in‑field medication
Summary
HB 2372, which would permit registered nurses and qualified paramedics to administer court‑ordered medications under assisted community treatment (ACT) with subject consent language adopted from the Attorney General, was advanced with reservations after substantial testimony raising due‑process and safety concerns.
The House Committee on Health advanced HB 2372 on Feb. 11 after extensive testimony and debate over whether ACT‑ordered medication can be administered outside a hospital setting and who may legally provide it.
Ian Sooner of the Attorney General’s Office urged amendments to make clear that any community administration of medication be done with the subject’s consent. Department of Health witnesses and emergency services representatives described current practice: voluntary shots can be given in the community by case management teams and mobile pharmacists, but involuntary administration typically requires transport to an emergency room under existing law because hospitals provide necessary medical supervision and privacy safeguards.
James Ireland, director of Honolulu Emergency Services, described recent cases where detained individuals were transported to a hospital so they could receive required injections and be released; he said giving injections in an ambulance or in the field may carry legal and logistical constraints under current MH‑3 rules (SEG 1300–1336).
Disability rights and civil‑liberties witnesses warned that consent obtained under police presence or in coercive contexts may not be genuine. Lou Lardashak of Disability Rights Center said he opposed the bill as originally written but could accept the AG’s amendment making consent required (SEG 1342–1376). Other community members emphasized the importance of due process and the risk of forced injections in public settings.
The committee adopted the Attorney General’s suggested consent language and DOH clarifications on paramedics’ scope and moved the bill forward as a house draft, while noting the measure remains controversial and asking the judiciary committee to consider constitutional questions in accompanying report language. The record noted at least one recorded no vote (Member Amato) and several reservations from members during the roll call.
