Report Title:

Advance health care and mental health care directives

Description:

Mandates health care institutions and health care providers to present advance health care and mental health care directives to persons currently under pharmaceutical care.

HOUSE OF REPRESENTATIVES

H.B. NO.

1567

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to health.

 

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

SECTION 1. The legislature finds that advance health care directives and advance mental health care directives reaffirm the policy that persons with capacity should have the right to control their health care decisions. The legislature also finds that both of these directives provide valuable guidance in determining treatment options when an individual loses the capacity to make rational health care decisions.

The legislature further finds that many of Hawaii's mentally ill lead normal and productive lives with the assistance of pharmaceuticals. Many of the mentally ill who are on a pharmaceutical regimen to address their mental illness do not avail themselves of the option of executing either an advance health care directive or an advance mental health care directive. Failing to execute one of these documents can led to difficulties in managing the illness, especially when a person stops taking properly prescribed medication. The purpose of this Act is to mandate physicians, health care providers, and institutions to present persons on a pharmaceutical regimen to treat mental illness the opportunity to execute either an advance health care directive under chapter 327E or an advance mental health care directive under chapter 327G.

SECTION 2. Chapter 327E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§327E- Presentment; health-care institutions, health-care providers, and physicians. (a) A physician, health-care institution, or health-care provider shall present an advance health-care directive to a person under their care who is suffering from a mental illness and is on a pharmaceutical regimen to address their mental illness.

(b) The attempt to present the advance health-care directive for execution shall be promptly recorded in the patient's health care record, and reported in writing to the department of health within 30 days of the recordation in the patient record.

(c) An advance health-care directive presented pursuant to this section shall include a provision designating an agent who can require the taking of medication."

SECTION 3. Chapter 327G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§327G- Presentment; health-care institutions, health-care providers, and physicians. (a) A physician, health-care institution, or health-care provider shall present an advance mental health-care directive to a person under their care who is suffering from a mental illness and is on a pharmaceutical regimen to address their mental illness.

(b) The attempt to present the advance mental health-care directive for execution shall be promptly recorded in the patient's health care record, and reported in writing to the department of health within 30 days of the recordation in the patient record.

(c) An advance mental health-care directive presented pursuant to this section shall include a provision designating an agent who can require the taking of medication."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on September 1, 2005.

 

INTRODUCED BY:

_____________________________