Bill Text: HI SB567 | 2019 | Regular Session | Amended
Bill Title: Related To Mental Health Treatment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-06-28 - Act 130, 06/25/2019 (Gov. Msg. No. 1232). [SB567 Detail]
Download: Hawaii-2019-SB567-Amended.html
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THE SENATE |
S.B. NO. |
567 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATED TO MENTAL HEALTH TREATMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:
"§334- 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 an individual is located who was committed
to involuntary hospitalization pursuant to this part, or delivered for
emergency examination or emergency hospitalization pursuant to section 334-59,
or was voluntarily admitted to inpatient treatment at a psychiatric facility
pursuant to section 334-60.1, shall prior to the individual's discharge examine
the individual to determine whether an assisted community treatment plan is
indicated pursuant to section 334-123.
If a plan is indicated, the psychiatrist or advanced practice registered
nurse shall prepare the certificate specified by section 334‑123(b), and
the facility shall notify the department of the attorney general, who shall
assist with the petition for assisted community treatment and the related court
proceeding. The facility may notify
another mental health program for assistance with the coordination of care in
the community. Nothing in this section
shall delay the appropriate discharge of a person from the facility after the
examination for assisted community treatment indication has been completed."
SECTION 2. The department of health shall convene a mental health emergencies task force. The task force shall:
(1) Develop
recommendations for building a comprehensive continuum of care that includes
leveraging assisted community treatment as well as civil commitment as part of
that continuum;
(2) Assess the reasons that medical facilities are not evaluating persons brought to their emergency rooms for mental health emergencies for whether the person meets the criteria for an assisted community treatment plan and for other mental health services including inpatient psychiatric care;
(3) Explore options for creating a state-funded treatment team for persons not under the care of the director of health who may be in need of an emergency examination and hospitalization or an assisted community treatment plan;
(4) Explore the feasibility of Leahi hospital and Maluhia for community-based health care;
(5) Submit a report of
its findings and recommendations, including any proposed legislation, to the
legislature no later than sixty days prior to the convening of the regular
session of 2020; and
(6) Involve representatives from private sector facilities with emergency rooms and community-based service providers; provided that the Hawaii health systems corporation shall be a member of the task force.
SECTION 3. Act 221, Session Laws of Hawaii 2013, section 24, as amended by Act 114, Session Laws of Hawaii 2016, section 6, is amended to read as follows:
"SECTION 24. This Act shall take effect on January 1, 2014; provided that:
(1) Petitions filed pursuant to section 334-123, Hawaii Revised Statutes, for assisted community treatment involving a designated mental health program that is a state-operated provider shall not be filed until after July 1, 2015;
(2) Any private
provider wishing to file a petition pursuant to section 334-123, Hawaii Revised
Statutes, for assisted community treatment may do so after January 1, 2014, [using
its own resources,] if the petitioner is to be the designated mental health
program; [and]
(3) Any interested
party wishing to file a petition pursuant to section 334-123, Hawaii Revised
Statutes, for assisted community treatment may do so after January 1, 2014, [using
the party's own resources,] if the designated mental health program is a
private provider[.]; and
(4) The department of the attorney general shall assist with the petitions brought pursuant to section 334‑123, Hawaii Revised Statutes, and the related court proceeding, unless the private provider or other interested party declines."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on March 15, 2094.
Report Title:
Department of Health; Task Force; Mental Health Petitions; Attorney General; Assisted Community Plan
Description:
Requires an individual to be examined upon commitment to a psychiatric facility for involuntary hospitalization, admission to a psychiatric facility for voluntary inpatient treatment, or transported for emergency examinations, to determine whether an assisted community plan is indicated and, if so, requires the department of the attorney general to assist with the petition for assisted community treatment and related court proceeding. Requires the department of health to convene a mental health emergencies task force. (SB567 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
