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HCR 146

URGING THE PROHIBITION OF THE USE OF "EXCITED DELIRIUM", OR SIMILAR PSEUDOSCIENTIFIC CONCEPTS, AS A MEDICAL DIAGNOSIS, CAUSE OF DEATH, OR LEGAL THEORY IN THE STATE OF HAWAII.

2026 Regular Session Introduced by Terez Amato and 7 co-sponsors

Prohibits using excited delirium or similar pseudoscientific concepts as a medical diagnosis, death cause, or legal theory in Hawaii.

Received from House (Hse. Com. No. 578).
#causeofdeath #counties #exciteddelirium #legaltheory #medicaldiagnosis
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Bill Summary · HCR 146

Summary of Bill: HCR 146 (2026) – Hawaii

Overview

  • Type: Concurrent Resolution
  • Title: Urging the Prohibition of the Use of "Excited Delirium," or Similar Pseudoscientific Concepts, as a Medical Diagnosis, Cause of Death, or Legal Theory in the State of Hawaii
  • Session/Jurisdiction: Hawaii, 2026 Regular Session
  • Purpose: To urge the Legislature to prioritize consideration of legislation that would prohibit the use of “excited delirium” (also known as excited delirium syndrome) and similar pseudoscientific concepts in medical diagnoses, death determinations, or legal theories within Hawaii.
  • Named in memory of Sheldon Haleck (Haleck Resolution)

What the bill says (main ideas and intent)

  • The resolution notes that:
    • “Excited delirium” is not a recognized medical diagnosis, lacks consistent diagnostic criteria, and has no basis in accepted medical science.
    • It has historically been used to justify or excuse law enforcement use of force, particularly in mental health crises, with disproportionate impact on people of color.
    • Most major medical organizations do not recognize it as a valid diagnosis and disavow its use in clinical, forensic, or legal contexts.
    • It is not included in the DSM (Diagnostic and Statistical Manual of Mental Disorders) and there is no ICD-9/ ICD-10 code for it, limiting legitimate inclusion in medical death reporting.
    • Despite this, the term has appeared on autopsy reports, death certificates, and in legal proceedings in Hawaii, including wrongful death cases.
    • In some Hawaii cases, defense experts have attributed deaths to “excited delirium” even when not listed as a cause of death.
  • The resolution cites past legislative attempts to prohibit the use of excited delirium in Hawaii and expresses substantial legislative concern about its continued use.

Proposed action and scope

  • The resolution urges (rather than mandates) the Legislature to consider and enact legislation that would:
    • Prohibit the use of “excited delirium,” or any similar pseudoscientific concept, as a medical diagnosis, as a cause of death, or as a legal theory within the state.
    • Ensure that medical determinations, official records, and legal proceedings are grounded in scientifically valid and medically recognized principles.
  • It is a formal statement of intent and policy preference intended to guide future legislative action.

Who/what would be affected

  • Medical diagnoses and clinical practice in Hawaii
  • Death determinations and death certificate coding
  • Legal theories and forensic/legal proceedings related to deaths, particularly those involving law enforcement encounters or mental health crises
  • Autopsy reporting and official records within Hawaii

Procedural and timeline aspects

  • Status: Referred to House Health (HLT) and Judiciary and Hawaiian Affairs (JHA) committees; concurrent resolution moves through standard committee process.
  • Not a bill of substantive law on its own; it is a request urging consideration of future legislation.
  • History shown in action notes:
    • Adopted and transmitted between House and Senate entities with various committee recommendations and amendments over March–April 2026.
    • Ultimately referred to HHS (Health) and JDC (Judiciary and Hawaiian Affairs) in April 2026.
  • Named resolution: “The Haleck Resolution” in memory of Sheldon Haleck.
  • Certification: Copies to President of the Senate and Speaker of the House upon adoption.

Key takeaways

  • The resolution signals strong legislative concern about the non-medical status of excited delirium and its use in death determinations and legal contexts.
  • It seeks to catalyze future Hawaii legislation that would bar the use of excited delirium or similar pseudoscientific concepts in medicine, forensics, and law.
  • If enacted, the bill would aim to align medical determinations and legal proceedings with widely recognized medical classifications and standardized reporting practices.

Compiled from official sources — confirm details with the bill’s official record.

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