HOUSE OF REPRESENTATIVES

H.B. NO.

1155

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to assisted community treatment.

 

 

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

 


SECTION 1. Section 334-121.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]334-121.5[]] Examination for assisted community treatment indication. A licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization associated with the licensed psychiatric facility where a person is located who was committed to involuntary hospitalization, delivered for emergency examination or emergency hospitalization, or voluntarily admitted to inpatient treatment at a psychiatric facility pursuant to part IV shall, prior to the person's discharge, examine the person to determine whether an assisted community treatment plan is indicated pursuant to this part. If a plan is indicated, the psychiatrist or advanced practice registered nurse shall prepare the certificate specified by section 334-123[.] or request the director to file a petition under section 334-123 and assist with the certificate specified by section 334-123. The psychiatric facility may notify another mental health program for assistance with the coordination of care in the community for the person. Nothing in this section shall delay the appropriate discharge of a person from the psychiatric facility after the examination for assisted community treatment indication has been completed."

SECTION 2. Section 334-123, Hawaii Revised Statutes, is amended to read as follows:

"334-123 Initiation of proceeding for assisted community treatment. (a) Any interested party may file, or request the director to file, a petition with the family court alleging that another person meets the criteria for assisted community treatment. The interested party shall be responsible for providing information to the director to support the petition. The director shall review the request as expeditiously as possible upon receipt of the request and, if the request satisfies the requirements of subsection (b), shall file a petition to request assisted community treatment within     days of the request. The interested party shall have the right to bring a petition on their own behalf if the director has not filed a petition within      days.

(b) The petition shall state:

(1) Each of the criteria under section 334-121 for assisted community treatment;

(2) Petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334-121;

(3) Facts that support the petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334-121; and

(4) That the subject of the petition is present within the county where the petition is filed.

The hearing on the petition need not be limited to the facts stated in the petition. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.

[(b)] (c) The petition may be accompanied by a certificate of a licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization who has examined the subject of the petition within twenty calendar days prior to the filing of the petition. For purposes of the petition, an examination shall be considered valid so long as the licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization has obtained enough information from the subject of the petition to reach a diagnosis of the subject of the petition, and to express a professional opinion concerning the same, even if the subject of the petition is not fully cooperative. If the petitioner believes that further evaluation is necessary before treatment, the petitioner may request further evaluation.

[(c)] (d) The petition shall include the name, address, and telephone number of at least one of the following persons in the following order of priority: the subject of the petition's spouse or reciprocal beneficiary, legal parents, adult children, and legal guardian, if one has been appointed. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult children, or legal guardian, or if none can be found, the petition shall include the name, address, and telephone number of at least one of the subject's closest adult relatives, if any can be found."

SECTION 3. Section 334-124, Hawaii Revised Statutes, is amended to read as follows:

"334-124 Hearing date. The family court shall set a hearing date on a petition, and any subsequent hearing dates for the petition, as soon as possible. Unless exigent circumstances exist, the court shall endeavor to file a final order on the petition within thirty days of the date the petition is filed."

SECTION 4. Section 334-126, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) Hearings may be held at any convenient place within the circuit. The subject of the petition, any interested party, or the family court upon its own motion may request a hearing in another court because of inconvenience to the parties, witnesses, or the family court or because of the subject's physical or mental condition. The court may use online hearings to accommodate the needs of the parties and witnesses, in accordance with family court rules.

(d) The hearing shall be closed to the public, unless the subject of the petition requests otherwise. Individuals entitled to notice are entitled to be present in the courtroom or other approved location for the hearing and to receive a copy of the hearing transcript or recording, unless the court determines that the interests of justice require otherwise."

SECTION 5. Section 334-127, Hawaii Revised Statutes, is amended to read as follows:

"334-127 Disposition. (a) If after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the subject of the petition does not meet the criteria for assisted community treatment, the family court shall dismiss the petition. Notice of the dismissal shall be provided to those persons entitled to notice pursuant to section 334-125.

(b) If after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the criteria for assisted community treatment under section 334-121(1) have been met beyond a reasonable doubt and that the criteria under section 334-121(2) to 334-121(4) have been met by clear and convincing evidence, the family court shall order the subject to obtain assisted community treatment for a period of no more than one year. The written treatment plan submitted pursuant to section 334-126(g) shall be attached to the order and made a part of the order.

If the family court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication to be included in treatment at the discretion of the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization.

The court order shall also state who should receive notice of intent to discharge early in the event that the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization determines, prior to the end of the court ordered period of treatment, that the subject should be discharged early from assisted community treatment.

Notice of the order shall be provided to the director, the interested party who filed or requested the petition, and those persons entitled to notice pursuant to section 334-125.

(c) The family court shall also designate on the order the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization who is to be responsible for the management and supervision of the subject's treatment, or shall assign an administrator of a designated mental health program to, in turn, designate the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization during the treatment period without court approval, and may designate either a publicly employed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization, or a private psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization; provided that the private psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization shall agree to the designation. The order for assisted community treatment shall be subject to the Health Care Privacy Harmonization Act, chapter 323B.

(d) Nothing in this section shall preclude the subject's stipulation to the continuance [[]of[]] an existing court order.

(e) The subject may stipulate to a petition for assisted community treatment if the subject is provided a proposed order for community assisted treatment, including the proposed treatment plan, either at the time the petition is filed or prior to entry of the court's order on the petition. If the subject stipulates to the proposed order, including the proposed treatment plan, by signing the proposed order, then the court may enter the stipulated order without undergoing an evidentiary hearing, unless the guardian ad litem objects to entry of an order without an evidentiary hearing."

SECTION 6. Section 334-131, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The notice shall be filed with the family court which issued the order for assisted community treatment, and served by personal service or by certified mail on the interested party who filed or requested the petition and those persons whom the order for assisted community treatment specifies as entitled to receive notice."

SECTION 7. Section 334-133, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

" (a) Before the expiration of the period of assisted community treatment ordered by the family court, any interested party may file, or may request the director to file, a petition with the family court for an order of continued assisted community treatment. The petition shall be filed, and unless the court determines the existence of a guardian, a guardian ad litem appointed, and notice provided in the same manner as under sections 334-123 and 334-125."

2. By amending subsection (c) to read:

"(c) Nothing in this section shall preclude the subject's stipulation to the continuance of an existing [court] order. This section shall be in addition to the provisions on the objection to discharge."

SECTION 8. The department of health shall submit a report on the number of requests for petitions for assisted community treatment submitted to the director of health since July 1, 2023, to the legislature no later than twenty days prior to the convening of the regular session of 2025.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2023.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Assisted Community Treatment; Petition; Interested Parties; Director of Health

 

Description:

Permits interested parties to request the director of health to file an assisted community treatment petition on behalf of the interested party. Requires final orders for a petition to be filed within thirty days of the date an assisted community treatment petition is filed. Permits the family court to use online hearings for assisted community treatment petitions. Permits the subject of a petition to stipulate to the proposed order and for the court to enter the stipulated order without an evidentiary hearing. Requires the department of health to report to the legislature on the number of requests for petitions submitted to the director of health.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.