Bill Text: HI HB1013 | 2019 | Regular Session | Amended
Bill Title: Relating To Involuntary Hospitalization.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-06-12 - Act 090, 06/07/2019 (Gov. Msg. No. 1191). [HB1013 Detail]
Download: Hawaii-2019-HB1013-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1013 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INVOLUNTARY HOSPITALIZATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-1, Hawaii Revised Statutes, is amended
by amending the definition of "psychiatric facility" to read as
follows:
""Psychiatric facility"
means a public or private hospital or part thereof [which] that provides
inpatient [or outpatient] care, custody, diagnosis, treatment, or
rehabilitation services for mentally ill persons or for persons habituated to
the excessive use of drugs or alcohol or for intoxicated persons."
SECTION 2. Section 334-59, Hawaii Revised Statutes, is
amended by amending subsections (a) and (b) 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] the nearest emergency department
designated by the director 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.]; provided
that no critical access hospitals will be designated by the director without
the department and the critical access hospital entering into a memorandum of
agreement, or unless it is the only hospital on the island. 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.] emergency department.
(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. 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] emergency department 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.
(b) Emergency examination. A patient who
is delivered for emergency examination and treatment to [a facility] an
emergency department designated by the director shall be examined by a
licensed physician or advanced practice registered nurse without unnecessary
delay, and may be given such treatment as is indicated by good medical
practice. A psychiatrist, advanced
practice registered nurse, or psychologist may further examine the patient to
diagnose the presence or absence of a mental disorder, assess the risk that the
patient may be dangerous to self or others, and assess whether or not the
patient needs to be hospitalized."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2059.
Report Title:
Emergency Mental Health Examination; Designation of Emergency Departments by the Director of Health
Description:
Permits the Director of Health to designate emergency departments to which persons requiring emergency mental health treatment may be taken by law enforcement, subject to certain restrictions. (HB1013 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
