REQUESTING THE DISABILITY AND COMMUNICATION ACCESS BOARD TO STUDY THE COMMUNICATION NEEDS OF INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAF-BLIND IN HEALTH CARE SETTINGS AND MAKE NECESSARY REVISIONS TO THE GUIDANCE FOR HEALTH CARE PROVIDERS.

SCR63

THE SENATE

S.C.R. NO.

63

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE DISABILITY AND COMMUNICATION ACCESS BOARD
TO STUDY the HEALTH CARE SETTING COMMUNICATION NEEDS OF, AND DEVELOP GUIDELINES
FOR, INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAF-BLIND
.

����
WHEREAS, the Title
III of the Americans with Disabilities Act of 1990 (42 USC section 12101
et.
seq.
(1990)) requires healthcare facilities to communicate effectively with
people having communication disabilities; and

����
WHEREAS, Chapter
489, Hawaii Revised Statutes, prohibits discrimination on the basis of
disability in places of public accommodation, including healthcare facilities;
and

����
WHEREAS, healthcare
providers have a duty to provide auxiliary aids and services, including
qualified sign language interpreters, to patients who are deaf, hard of hearing,
or deaf-blind in order to promote effective communication; and

����
WHEREAS, before
deciding what type of auxiliary aid or service is necessary for effective
communication, healthcare providers must give primary consideration to the
patient's preference; and

����
WHEREAS, a healthcare
provider may allow an adult accompanying a deaf, hard of hearing, or deaf-blind
patient to interpret only in limited cases involving an imminent threat and
upon agreement of all parties; and

����
WHEREAS, a
healthcare provider may not rely on an accompanying adult to interpret if there
is reason to doubt the person's impartiality or effectiveness; and

����
WHEREAS, each
patient who is deaf, hard of hearing, or deaf-blind has different needs and
preferences regarding the desired profile of the interpreters, the sign
language used, and the specific services interpreters can provide, including
American Sign Language and tactile interpretation; and

����
WHEREAS, the
Disability and Communication Access Board has published an informational flyer,
"Guidance for Healthcare Providers in Ensuring Effective Communication";
and

����
WHEREAS,
Hawaii suffers from a shortage of qualified sign language interpreters; and

����
WHEREAS, given
the limited availability of qualified interpreters and the variety of required
and preferred interpretation services additional guidance is needed to assist healthcare
providers in communicating effectively with deaf, hard of hearing, and
deaf-blind patients; and

����
WHEREAS, patients
who are deaf, hard of hearing, or deaf‑blind may have additional communication
needs while hospitalized or receiving in-patient care in skilled nursing
facilities; now, therefore,

����
BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that the
Disability and Communication Access Board is requested to conduct a study of
the communication needs of deaf, hard of hearing, or deaf-blind individuals in
health care settings; and

����
BE IT FURTHER
RESOLVED that the study is requested to include consideration of:

����
(1)
�
The availability of sign language
interpreters, tactile interpreters, and other services and auxiliary aids that
serve the needs of deaf, hard of hearing, and deaf-blind communities in the
State;

����
(2)
�
The range of preferences of deaf, hard of
hearing, or deaf-blind patients;

����
(3)
�
Any special communication needs of deaf, hard
of hearing, or deaf-blind patients who are hospitalized or receiving in-patient
care in skilled nursing facilities; and

����
(4)
�
The legal duty for health care providers to
provide auxiliary aids and services, including qualified sign language
interpreters, to patients who are deaf, hard of hearing, or deaf-blind in order
to promote effective communication; and

����
BE IT FURTHER
RESOLVED that, based on the study's findings, the Disability and Communication
Access Board is requested to make any necessary revisions to the current
guidance for healthcare providers to ensure effective communication that better
addresses the needs of deaf, hard of hearing, or deaf‑blind individuals in
healthcare settings; and

����
BE IT FURTHER
RESOLVED that the Disability and Communication Access Board is requested to
submit a report of its findings and recommendations, including any proposed
legislation, to the Legislature no later than twenty days prior to the
convening of the Regular Session of 2027; and

����
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to Director
of Health and all members of the Disability and Communication Access Board.

OFFERED BY:

_____________________________

Report Title:

Department
of Health; Disability and Communication Access Board; Deaf; Hard of Hearing;
Deaf-Blind; Americans with Disabilities Act; Effective Communication