Report Title:

Advance Directives for Psychiatric Care

 

Description:

Clarifies health care directive laws; combines medical health care and mental health care directives under one health care decision law. (SD2)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

650

TWENTY-FIRST LEGISLATURE, 2001

H.D. 2

STATE OF HAWAII

S.D. 2


 

A BILL FOR AN ACT

 

RELATING TO ADVANCE DIRECTIVES FOR PSYCHIATRIC CARE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 327E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"327E- Medications involving psychiatric conditions. If an advance health care directive includes an instruction on the administration of medication to treat a mental condition, the primary physician or any supervising health-care provider may continue the medication on an emergency basis over the patient's objection in order to prevent the patient from harming the patient's self or others."

SECTION 2. Section 327E-2, Hawaii Revised Statutes, is amended by amending the definition of "agent" to read:

""Agent or attorney-in-fact" means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power."

SECTION 3. Chapter 327F, Hawaii Revised Statutes, is repealed.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2002.