Report Title:

Mental Health; Nonemergency Psychiatric Treatment

Description:

Allows parents or guardians to admit individuals under the age of eighteen to nonemergency psychiatric treatment facilities without the consent or countersignature of the individual. (SD1)

THE SENATE

S.B. NO.

1540

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to mental health.

 

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

SECTION 1. The legislature finds that youth who are experiencing mental health disorders for the first time are often unwilling to admit that they are ill and in need of treatment. Schizophrenia is an example of a serious mental illness that strikes male youths in their middle to late teen years. Other disorders that cause significant problems with compliance or self-recognition are major depression or bi-polar disorder.

According to information available from GAINS Center for People with Co-Occurring Disorders, a youth is typically referred to the mental health or substance abuse treatment system by an adult figure, such s a parent, teacher, or juvenile justice personnel. Very few children and adolescents refer themselves for mental health treatment. While some youth may voluntarily agree to participate in treatment, involuntary treatment is usually required.

The purpose of this Act is to enable parents or legal guardians to obtain needed in patient psychiatric treatment for minors unwilling or unable to participate in their admission process.

SECTION 2. Section 334-60.1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§334-60.1[]] 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 individual’s parent or guardian. [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.] A minor who is fifteen through seventeen years of age who does not voluntarily countersign to be hospitalized may be admitted as a patient for nonemergency mental health treatment with the consent of a parent or legal guardian if the following conditions are met:

(1) An inquiry is made by a mental health clinician that shall serve as a neutral factfinder to determine whether the clinical requirements for admission are satisfied. This inquiry shall include an interview with the minor and a review of as much of the minor's background as is available from other sources, including but not limited to parents, schools, and other social agencies;

(2) The psychiatric facility shall have the authority to refuse to admit any minor who does not satisfy the criteria of "medical necessity" for admission; and

(3) The minor's continuing need for hospitalization shall be reviewed periodically by a similarly independent procedure.

(c) As used in this section:

"Medical necessity" means the necessity for treatment for mental health disorders as determined by using medical admission criteria consistent with the current applicable inpatient admission standards established by the American Psychiatric Association or the American Academy of Child and Adolescent Psychiatry.

[(c)] (d) A facility shall discharge a voluntary patient who has sufficiently improved so that hospitalization is no longer desirable. A voluntary patient or the patient’s 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 patient’s 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)] (e) Notice of right to release. At the time of the patient’s admission and each six months thereafter, a voluntary patient and the patient’s guardian or representatives shall be notified in writing of the patient’s right and how to apply for a discharge."

SECTION 3. This Act does not affect the rights and duties that matured and the proceedings that were begun before the effective date.

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

SECTION 5. This act shall take effect upon its approval.