Hawaii's House of Representatives has introduced a significant legislative bill, HB36, aimed at redefining the medical and legal landscape surrounding the controversial diagnosis of excited delirium. This bill, introduced on February 11, 2025, seeks to prohibit the recognition of excited delirium as a valid medical diagnosis or cause of death within the state, a move that has sparked considerable debate among medical professionals, law enforcement, and civil rights advocates.

The key provisions of HB36 include a ban on medical examiners, coroners, and healthcare providers 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 law enforcement documentation. The bill also establishes a new Hawaii Rule of Evidence, declaring any evidence of excited delirium inadmissible in civil actions, which could have far-reaching implications for legal cases involving police encounters.

Proponents of the bill argue that excited delirium has been misused in the context of police encounters, often to justify excessive force or to absolve law enforcement of responsibility in cases of death during arrests. They contend that eliminating the term from medical and legal discussions will help prevent its misuse and promote accountability. However, opponents raise concerns that this legislation could undermine legitimate medical diagnoses and hinder the understanding of complex medical conditions that may arise during high-stress situations.

The implications of HB36 extend beyond the immediate legal framework. By restricting the use of excited delirium in medical and legal contexts, the bill could influence how law enforcement agencies train officers in handling individuals experiencing severe mental health crises. Experts warn that without a clear understanding of such conditions, officers may be ill-equipped to manage these situations safely and effectively.

As the bill progresses through the legislative process, its potential impact on public health, law enforcement practices, and civil rights remains a focal point of discussion. Stakeholders are closely monitoring developments, as the outcome of HB36 could set a precedent for how similar issues are addressed in other states. The bill is set to take effect on July 1, 3000, should it pass, marking a pivotal moment in Hawaii's approach to mental health and law enforcement accountability.