Bill Text: HI HB1013 | 2019 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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

HOUSE OF REPRESENTATIVES

H.B. NO.

1013

THIRTIETH LEGISLATURE, 2019

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INVOLUNTARY HOSPITALIZATION.

 

 

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

 


     SECTION 1.  The legislature finds that chapter 334, Hawaii Revised Statutes, requires that individuals at risk of harm to self or others, as determined by mental health emergency workers in consultation with law enforcement officers, are be transported by law enforcement to facilities designated by the director of health for further evaluation and potential involuntary hospitalization, a process commonly referred to as an MH-1.  Some facilities have expressed concern about the lack of specialists and infrastructure to perform the emergency medical screening and any subsequent medically necessary treatment, while other facilities experience very high volumes of MH-1 patients that strain emergency department capacity.

     The legislature further finds that while the broader framework of mental health treatment needs restructuring, the magnitude and complexity of that task requires a significant long-term commitment of resources.  However, incremental improvements may yield relief more presently by addressing ambiguities and inconsistencies in chapter 334, Hawaii Revised Statutes, as expressed by the community, that contribute to concerns about access, resources, and capacity, and which may impact continuity of care and public safety.

     Therefore, the purpose of this Act is to establish an involuntary hospitalization task force to examine certain sections of chapter 334, Hawaii Revised Statutes, and make recommendations to the legislature that will diminish unnecessary emergency department admissions and improve access for MH-1 patients to the most appropriate level of care.

     SECTION 2.  (a)  There is established within the department of health the involuntary hospitalization task force to:

     (1)  Review sections 334-59, 334-61, and 334-62, Hawaii Revised Statutes, to identify inconsistencies and recommend clarifying language that will support consistent implementation in jurisdictions statewide;

     (2)  Develop criteria for designation of facilities by the director of health for the purpose of transport and emergency examination;

     (3)  Develop recommendations for building a coordinated system with capacity for crisis services, community services, and inpatient hospitalization to ensure parity in the treatment of physical and mental illnesses and address the needs of persons who may have behavioral health needs and who are in crisis; and

     (4)  Develop recommendations for implementing an efficient and equitable distribution of transport for emergency examination across healthcare facilities in a given county that focuses on patient health and community safety.

     (b)  The task force shall be composed of the following members or their designees:

     (1)  The director of health;

     (2)  The attorney general;

     (3)  The dean of the John A. Burns School of Medicine; 

     (4)  The president of the senate;

     (5)  The speaker of the house of representatives; and

     (6)  The chief of police of each county.

     (c)  Representatives from the following entities shall also be invited as members of the task force:

     (1)  The chief executive officer of facilities designated by the director of health;

     (2)  A patient advocate or mental health advocate;

     (3)  A representative from a social services agency; and

     (4)  A representative from a mental health emergency worker provider agency.

     (d)  Members of the task force shall serve without compensation, but shall be reimbursed for reasonable expenses incurred, including travel expenses.

     (e)  The task force shall be exempt from the requirements of parts I and II of chapter 92, Hawaii Revised Statutes.

     (f)  The task force shall submit a report to the legislature of its findings and recommendations, including proposed legislation, no later than thirty days prior to the convening of the regular session of 2020.

     (g)  The task force shall be dissolved on June 30, 2020.

     SECTION 3.  This Act shall take effect on January 1, 2059.



 

Report Title:

Emergency Mental Health Examination

 

Description:

Establishes an involuntary hospitalization task force to examine certain sections of chapter 334, HRS, and make recommendations to the legislature to reduce unnecessary emergency department admissions and improve access for MH-1 patients to the most appropriate level of care.  (HB1013 HD2)

 

 

 

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

 

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