Healthcare workers like Kalai Posulai know how important it is to hear the wants and needs of patients when it comes to their care.

“As a nurse, I would try to talk to the patient directly and the legal guardian to find the best path for the patient,” said Posulai, a paraprofessional tutor for special needs preschoolers. “I would take in the concerns from the legal representative but my main focus is for the patient’s care.”

The state outlines a framework to protect patient rights and ensure that patients are fully aware of the consequences of the care they receive.

A recent measure introduced by state Senator Karl Rhoads this legislative session aimed to clearly define a patient’s right to informed consent.

“If the bill is focused on empowering patients to make informed choices, of course, I would stand behind that,” Posulai said, adding that his nursing program at the Hawaii Pacific University emphasizes patient care around respecting patient consent.

Senate Bill 107 passed its first reading but stalled in the Senate Committee on Health and Human Services. During a hearing on January 27, three of four testimonies respectfully opposed the bill.

Committee chair senator Joy San Buenaventura dedicated two minutes to each testimony. Representatives from the Hawaii Medical Board, the Hawaii Medical Association and Healthcare Association of Hawaii (HAH) spoke in opposition, expressing concerns about the “duplicative” nature of the bill, saying it is “unnecessary” since there is well-established legislation that includes patient rights.

The Hawaii Medical Association’s written testimony specifically addressed two pieces of legislation that already address the purpose of informed consent and the requirements of patient consent in the Patient Rights Condition of Participation (CoP) in the State Operations Manual (SOM).

HAH said there is no need for a bill that already has existing frameworks that ensure patient informed consent and proposed to first “better understand current deficiencies and the process…without adding duplication,” which would be far more beneficial to patients.

It added that hospitals in Hawaii have already been implementing standards for informed consent such as updated forms for patient care.

Michelle Llaneza, a registered nurse and patient care coordinator, shared her protocol.

“My role as an RN/Coordinator is to go over consent forms, offer the patient opportunities to ask questions, and witness/sign consent.”

The committee deferred the measure.