Report Title:

Voluntary Admission for Nonemergency Treatment

Description:

Allows parents or guardians to admit individuals under the eighteen to nonemergency treatment facilities without the consent or countersignature of the individual.

THE SENATE

S.B. NO.

3041

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO VOLUNTARY ADMISSION FOR NONEMERGENCY TREATMENT.

 

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

SECTION 1. Section 334-60.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

ß334-60.1 Voluntary admission for nonemergency treatment or supervision.

(a) Acceptance for voluntary inpatient treatment at a psychiatric facility shall be in accordance with usual standards for hospital admissions.

(b) A facility may admit for evaluation, diagnosis, or treatment any individual under [fifteen] eighteen years of age for whom application is made by the individualís parent or guardian. An admission of an individual under the age of eighteen may be made by the individual's parent or guardian, without the consent or countersignature of the individual. [If application for admission is countersigned by a minor aged fifteen through seventeen years before a family court officer, no hearing shall be necessary. If the minor elects not to sign, involuntary hospitalization proceedings shall be initiated.]

(c) A facility shall discharge a voluntary patient who has sufficiently improved so that hospitalization is no longer desirable. A voluntary patient or the patientís guardian, representative, or attorney may request discharge in writing at any time following admission to the facility. If discharge would be dangerous to the patient or others, proceedings for involuntary hospitalization must be initiated as soon as possible but within twenty-four hours of the receipt by the administrator of the written request for discharge. If that time expires on a Saturday, Sunday, or holiday, the time for initiation is extended to the close of the next court day. Upon the initiation of the proceedings, the facility is authorized to detain the patient until further order of the court. If the patient was admitted on the patientís own application and the request for discharge is made by a person other than the patient, the discharge may be conditioned upon the agreement of the patient.

(d) Notice of right to release. At the time of the patientís admission and each six months thereafter, a voluntary patient and the patientís guardian or representatives shall be notified in writing of the patientís right and how to apply for a discharge.

SECTION 2. This act does not affect the rights and duties that matured and the proceedings that were begun before the effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This act shall take effect upon its approval.

INTRODUCED BY:

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