HOUSE OF REPRESENTATIVES

H.B. NO.

778

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 


SECTION 1. Section 334-59, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Initiation of proceedings. An emergency admission may be initiated as follows:

(1) If a law enforcement officer has reason to believe that a person is imminently dangerous to self or others, the officer shall call for assistance from the mental health emergency workers designated by the director. Upon determination by the mental health emergency workers that the person is imminently dangerous to self or others, the person shall be transported by ambulance or other suitable means, to a licensed psychiatric facility for further evaluation and possible emergency hospitalization. A law enforcement officer may also take into custody and transport to any facility designated by the director any person threatening or attempting suicide. The officer shall make application for the examination, observation, and diagnosis of the person in custody. The application shall state or shall be accompanied by a statement of the circumstances under which the person was taken into custody and the reasons therefor which shall be transmitted with the person to a physician, advanced practice registered nurse, or psychologist at the facility.

(2) Upon written or oral application of any licensed physician, advanced practice registered nurse, psychologist, attorney, member of the clergy, health or social service professional, or any state or county employee in the course of employment, a judge may issue an ex parte order orally, but shall reduce the order to writing by the close of the next court day following the application, stating that there is probable cause to believe the person is mentally ill or suffering from substance abuse, is imminently dangerous to self or others and in need of care or treatment, or both, giving the findings upon which the conclusion is based. In determining whether there is probable cause to believe that the person is imminently dangerous to self or others, the court shall consider statements submitted by the parents of the person, regardless of the age of the person. The order shall direct that a law enforcement officer or other suitable individual take the person into custody and deliver the person to a designated mental health program, if subject to an assisted community treatment order issued pursuant to part VIII of this chapter, or to the nearest facility designated by the director for emergency examination and treatment, or both. The ex parte order shall be made a part of the patient's clinical record. If the application is oral, the person making the application shall reduce the application to writing and shall submit the same by noon of the next court day to the judge who issued the oral ex parte order. The written application shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.

(3) Any licensed physician, advanced practice registered nurse, physician assistant, or psychologist who has examined a person and has reason to believe the person is:

(A) Mentally ill or suffering from substance abuse;

(B) Imminently dangerous to self or others; and

(C) In need of care or treatment;

may direct transportation, by ambulance or other suitable means, to a licensed psychiatric facility for further evaluation and possible emergency hospitalization. A licensed physician, an advanced practice registered nurse, or physician assistant may administer treatment as is medically necessary, for the person's safe transportation. A licensed psychologist may administer treatment as is psychologically necessary."

SECTION 2. Section 334-60.2, Hawaii Revised Statutes, is amended to read as follows:

"334-60.2 Involuntary hospitalization criteria. (a) A person may be committed to a psychiatric facility for involuntary hospitalization, if the court finds:

(1) That the person is mentally ill or suffering from substance abuse;

(2) That the person is imminently dangerous to self or others; and

(3) That the person is in need of care or treatment, or both, and there is no suitable alternative available through existing facilities and programs which would be less restrictive than hospitalization.

(b) In making a finding whether the person is imminently dangerous to self or others under paragraph (a)(2), the court shall consider statements submitted by the parents of the person, regardless of the age of the person; provided that this requirement shall not apply if the person is a criminal defendant or correctional facility resident who is the subject of processes described in section 334-74, section 334-76, section 704-406, or section 704-421."

SECTION 3. Section 334-121, Hawaii Revised Statutes, is amended to read as follows:

"334-121 Criteria for assisted community treatment. (a) A person may be ordered to obtain assisted community treatment if the family court finds, based on the professional opinion of a psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization, that:

(1) The person is mentally ill or suffering from substance abuse;

(2) The person is unlikely to live safely in the community without available supervision, is now in need of treatment in order to prevent a relapse or deterioration that would predictably result in the person becoming imminently dangerous to self or others, and the person's current mental status or the nature of the person's disorder limits or negates the person's ability to make an informed decision to voluntarily seek or comply with recommended treatment;

(3) The person has a:

(A) Mental illness that has caused that person to refuse needed and appropriate mental health services in the community; or

(B) History of lack of adherence to treatment for mental illness or substance abuse that resulted in the person becoming dangerous to self or others and that now would predictably result in the person becoming imminently dangerous to self or others; and

(4) Considering less intrusive alternatives, assisted community treatment is essential to prevent the danger posed by the person, is medically appropriate, and is in the person's medical interests.

(b) In making a finding on whether the person is imminently dangerous to self or others pursuant to paragraph (a)(3)(B), the court shall consider statements submitted by the parents of the person, regardless of the age of the person; provided that this requirement shall not apply if the person is a criminal defendant who is the subject of processes described in section 704-406 or section 704-421."

SECTION 4. Section 334-141, Hawaii Revised Statutes, is amended by amending the definition of "family member" to read as follows:

""Family member" means any individual who is a member of the immediate family of the [person who is the subject of the petition,] respondent, including a spouse, child, [parent,] grandparent, or any related individual who resides in the same household as the [individual who is the subject of the petition.] respondent. "Family member" includes a parent of the respondent, regardless of whether the parent resides in the same household as the respondent."

SECTION 5. Section 334-161, Hawaii Revised Statutes, is amended to read as follows:

"[[]334-161[]] Criteria for issuance of court or administrative order for treatment over the patient's objection. (a) A patient who has been committed to a psychiatric facility for involuntary hospitalization or who is in the custody of the director and residing in a psychiatric facility may be ordered to receive treatment over the patient's objection, including the taking or application of medication, if the court, or administrative panel through the administrative authorization process established pursuant to section 334-162, finds that:

(1) The patient suffers from a physical or mental disease, disorder, or defect;

(2) The patient is imminently dangerous to self or others;

(3) The proposed treatment is medically appropriate; and

(4) After considering less intrusive alternatives, treatment is necessary to forestall the danger posed by the patient.

(b) In making a finding on whether the person is imminently dangerous to self or others pursuant to paragraph (a)(2), the court or administrative panel shall consider statements submitted by the parents of the person, regardless of the age of the person; provided that this requirement shall not apply if the person is a criminal defendant undergoing proceedings described in section 704-406 or section 704-421.

[(b)] (c) For the purposes of this section, "imminently dangerous to self or others" means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Mental Health; Dangerous to Self or Others; Parents

 

Description:

Requires courts and administrative panels, in certain proceedings regarding whether a person is dangerous to self or others, to consider the statements of the person's parents. Clarifies that a parent who does not reside with a respondent is still a "family member" who may petition for the respondent's entrance into an outpatient treatment program for substance abuse.

 

 

 

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