Bill Text: HI HB2452 | 2024 | Regular Session | Introduced
Bill Title: Relating To Mental Health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-26 - Referred to HLT/JHA, FIN, referral sheet 3 [HB2452 Detail]
Download: Hawaii-2024-HB2452-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2452 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purposes of this Act are to:
(1) Require and appropriate funds for the department of health to track and publicly report data relating to crisis reports, emergency mental health transports, and court-ordered treatments;
(2) Require the department of health, or a
contracted service provider, to review reports about persons having severe
mental illnesses who need assistance; assess whether the person may fulfill the
criteria for assisted community treatment; and, if the person meets the
criteria, coordinate the process for an assisted community treatment order;
(3) Establish that a court's denial of a petition for involuntary commitment
shall serve as notification to the department of health that the person should
be evaluated for assisted community treatment; and
(4) Appropriate funds to the department of health for the purposes of this Act.
SECTION 2. Chapter 334, Hawaii Revised Statutes, is amended as follows:
(1)
By adding to part I a new section to be appropriately designated and to
read as follows:
"§334-A Data
concerning persons experiencing a mental health crisis; reports. (a)
The department shall track data on reports of persons experiencing a
mental health crisis and the response to these persons by the department,
service providers contracted by the department pursuant to section 334-B(d), or
another department or private provider coordinating with the department
pursuant to section 334-B(a).
(b) The department shall publish a report on the department's website on the data collected pursuant to subsection (a). The reports shall be updated at least monthly and shall include the number of:
(1) Crisis reports, disaggregated by
county, made to a department hotline, crisis line, or other means for the
public to contact the department, including through department‑contracted
service providers, and the disposition of the reports;
(2) Persons transported for emergency
examination pursuant to section 334-59, disaggregated by type of transport,
length of time in the emergency room, disposition of the matter, and the county
in which the facility where the person was transported is located;
(3) Assisted community treatment evaluations performed prior to discharge
pursuant to section 334‑121.5 and the disposition of the evaluations;
(4) Assisted community treatment petitions filed pursuant to section
334-123, category of the petitioner, whether the attorney general assisted with
the petition, disposition of the petition, length of time to disposition, and
number of persons currently under an assisted community treatment order;
(5) Court orders for treatment over the patient's objection sought pursuant
to section 334-161, disposition of the orders sought, and number of patients
currently under a court order for treatment;
(6) Administrative authorization for treatment over the patient's objection
sought pursuant to section 334-162, disposition of the authorization sought,
and number of patients currently under an administrative authorization for
treatment; and
(7) Involuntary hospitalization petitions filed pursuant to section
334-60.3, disposition of the petitions, length of time to disposition, and
number of patients currently under an involuntary hospitalization petition.
(c) Every licensed physician; psychiatrist; psychologist; advanced practice registered nurse with prescriptive authority who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization; hospital; psychiatric facility; or petitioner for an order for involuntary hospitalization, authorization for treatment over the patient's objection, or order for assisted community treatment shall provide the information tracked under this section to the department; provided that the persons or entities involved may coordinate among each other to provide a single report of the event to the department. The reports and information shall be submitted to the department in the manner, time, and form prescribed by the department."
(2)
By adding to part VIII a new section to be appropriately designated and
to read as follows:
"§334-B Department
response to crisis reports. (a) When the department receives credible
information that a person having a severe mental illness requires assistance,
the department shall dispatch staff to assist the person. The department may coordinate the response
with other departments or private providers as necessary. This requirement shall apply to
communications received by any means by which the public may contact the
department, including through a department hotline, crisis line, or other
means, and shall apply to communications received through department-contracted
service providers.
(b) While
assisting a person pursuant to subsection (a), the department staff or
responder from another department or private provider coordinating with the
department shall assess whether the person meets the criteria for assisted
community treatment pursuant to section 334-121. If, upon assessment, the department
reasonably believes that the person meets the criteria for assisted community
treatment, the department shall coordinate:
(1) Completion of an examination
pursuant to section 334-121.5;
(2) Preparation of a certificate specified
by section 334-123; and
(3) Filing, with assistance from the department of the attorney general, a
petition for an assisted community treatment order pursuant to section 334-123;
provided
that the certificate and petition shall not be required if an assisted
community treatment order is not indicated by the examination; provided further
that the examination, certificate preparation, and filing of the petition may
be completed by the department or by another department or private provider
coordinating with the department pursuant to subsection (a), in which case the
department shall not be required to be the petitioner.
(c)
Notwithstanding subsection (b), if the department is unable to
coordinate the process for an assisted community treatment order, the
department may notify another mental health program for the coordination of
care in the community for the person.
(d) The department
may contract with a service provider to fulfill the requirements of this
section."
SECTION
3. Section 334-60.5, Hawaii Revised
Statutes, is amended by amending subsection (i) to read as follows:
"(i) If after hearing all relevant evidence,
including the result of any diagnostic examination ordered by the court, the
court finds that an individual is not a person requiring medical, psychiatric,
psychological, or other rehabilitative treatment or supervision, the court shall
order that the individual be discharged if the individual has been hospitalized
prior to the hearing. Within twenty-four hours of the denial of a petition
for involuntary commitment, the court shall provide notice to the
department of the petition's denial, which shall serve as notification to the
department that the individual should be assessed for assisted community
treatment. If, upon assessment, the
department reasonably believes the individual meets the criteria for assisted
community treatment, the department shall coordinate the completion of an
evaluation, preparation of a certificate, and filing of a petition pursuant to
section 334-B(b)."
SECTION
4. There is appropriated out of the
general revenues of the State of Hawaii the sum of $2,250,000 or so much
thereof as may be necessary for fiscal year 2024-2025 for:
(1) Procurement of software;
(2) Preparation of the department of health's website for data collection and publication of data reports regarding responses to mental health crises;
(3) 1 full-time equivalent (1.0 FTE) coordinator position;
(4) 1
full-time equivalent (1.0 FTE) data position; and
(5) 1 full-time equivalent (1.0 FTE) epidemiologist position.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 5. There is appropriated
out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for
fiscal year 2024-2025 for the development and implementation of statewide
media, education, and training activities for policies related to emergency
examination and hospitalization and assisted community treatment for those in
need of mental health intervention.
The
sum appropriated shall be expended by the department of health for the purposes
of this Act.
SECTION
6. In codifying the new sections added
by section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act, upon its approval, shall take effect on July 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
DOH; AG; Mental Health; Judiciary; Assisted Community Treatment; Reports; Appropriation
Description:
Requires the Department of Health to track and publicly report certain data relating to crisis reports, emergency mental health transports, and court-ordered treatments. Requires the Department of Health to respond to reports about persons having severe mental illness who are in need of assistance, assess whether those persons may fulfill the criteria for assisted community treatment, and coordinate the process for an assisted community treatment order if indicated. Establishes that a court's denial of a petition for involuntary commitment shall serve as notification to the Department of Health that the person should be evaluated for assisted community treatment. Appropriates funds to the Department of Health for software and data collection and publication. Appropriates funds to the Department of Health for statewide education and training on policies related to emergency examination and hospitalization and assisted community treatment. Effective 7/1/2024.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
