HOUSE OF REPRESENTATIVES

H.C.R. NO.

156

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE DEPARTMENT OF HEALTH TO CONVENE A WORKING GROUP TO EVALUATE AND RECOMMEND POSSIBLE STATUTORY AND OTHER CHANGES TO streamline and expedite MENTAL HEALTH TREATMENT TO persons COMMITTED TO STATE-oPERATED OR -CONTRACTED FACILITIES.

 

WHEREAS, persons may be committed involuntarily to a state psychiatric facility or to the custody of the Director of Health pursuant to the processes described in chapter 334, Hawaii Revised Statutes (HRS), involuntary civil commitment by family court, and the Hawaii Penal Code, chapter 704, HRS, commitment by criminal court; and

WHEREAS, neither the law governing civil commitment nor the commitment provisions of the Hawaii Penal Code allow the committing court to automatically authorize the involuntary administration of psychotropic medication, known as "involuntary medication," during the period of confinement; and

WHEREAS, Hawaii law recognizes several rights of recipients of mental health services, including the right to informed consent prior to commencement of any nonemergency treatment for mental illness; and

WHEREAS, the rights of psychiatric in-patients include refusal of treatment, except in emergency situations or where a court order exists; and

WHEREAS, defendants committed to state-contracted facilities may arrive without orders to administer medications that would ameliorate their mental illness; and

WHEREAS, obtaining a court order to administer involuntary medication can take several months to obtain, inasmuch as the process is governed by legal precedents that require protection of the patient's rights and welfare; and

WHEREAS, the delay in administering medication may lead to the further deterioration of these patients, and greater risk to other patients and staff because of assaults by these patients; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the Senate concurring, that the Department of Health (DOH) is requested to convene a working group to evaluate alternatives and make recommendations to streamline and expedite the length of time it takes to obtain an order to treat defendants committed under chapter 334 or 704, HRS; and

BE IT FURTHER RESOLVED that the working group consider how the order to treat could accompany patients when they are committed to any state-operated or -contracted facility under chapter 334 or 704, HRS; and

BE IT FURTHER RESOLVED that the working group comprise but not be limited to representatives from:

(1) DOH, including staff from the Hawaii State Hospital;

(2) The Department of the Attorney General;

(3) The Judiciary;

(4) The Hawaii Mental Health Association;

(5) The Hawaii Psychiatric Medical Association;

(6) The Hawaii Disability Rights Center;

(7) The National Association of the Mentally Ill – Oahu;

(8) The Hawaii Government Employees Association; and

(9) Qualified mental health consumer advocates;

and

BE IT FURTHER RESOLVED that the working group, through DOH, is requested to report its findings and recommendations to the Legislature no later than 20 days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Attorney General, Chief Justice, President of the Hawaii Mental Health Association, President of the Hawaii Psychiatric Medical Association, President of the Hawaii Disability Rights Center, President of the National Association of the Mentally Ill, Hawaii Chapter, and Executive Director of the Hawaii Government Employees Association.

Report Title:

DOH; Mental Health Treatment; Working Group