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HI SB3077

Bill

Status

Engrossed

3/10/2026

Primary Sponsor

Ronald Kouchi

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Adopts a modified version of the Uniform Health-Care Decisions Act (2023) to consolidate and update Hawaii's existing advance health care directive laws (chapter 327E from 1999) and advance mental health care directive laws (chapter 327G from 2004) into a single unified framework.

  • Establishes comprehensive definitions and procedures for health care powers of attorney, health care instructions, and advance mental health care directives, including provisions for determining individual capacity to make health care decisions.

  • Creates a presumption that individuals have capacity to make health care decisions unless rebutted by a contemporaneous examination by a physician, psychologist, or advanced practice registered nurse, with findings documented and subject to judicial review.

  • Allows individuals to include a "Ulysses clause" in advance mental health care directives, which prevents revocation of the directive during specified psychiatric or psychological events.

  • Defines default surrogate hierarchy and establishes duties for health care professionals regarding documentation and maintenance of health care instructions in medical records.

Legislative Description

Relating To Health Care.

Working Group

Last Action

Referred to HLT, JHA, referral sheet 17

3/12/2026

Committee Referrals

Health3/12/2026
Judiciary2/19/2026
Health and Human Services1/30/2026

Full Bill Text

No bill text available