HawaiiSB 13222025–2026 Regular Session (Year 1)SenateWALLET

RELATING TO MENTAL HEALTH.

Sponsored By: Ronald D. Kouchi (Democratic)

Signed by Governor

Summary

Requires the Department of Health to submit annual reports to the Legislature on emergency transportations and assisted community treatment petitions and orders, based on information provided by service providers and the Department of the Attorney General. Clarifies the procedures for emergency transportation, examination, and hospitalization for individuals who may be mentally ill or suffering from substance abuse who are imminently dangerous to self or others. Requires treatment providers to provide relevant information to the Attorney General for purposes of preparing an assisted community treatment petition. Amends the procedures for involuntary hospitalizations and assisted community treatment petitions. Clarifies the circumstances under which a subject of an assisted community treatment order can be administered medication over objection. Allows a single psychiatrist, rather than a panel of three, to provide administrative authorization for medical treatment over the objection of a patient who is in the custody of the Director of Health and in a psychiatric facility. (CD1)

DOHMental HealthAdmission to Psychiatric FacilityEmergency ProceduresInvoluntary HospitalizationAssisted Community TreatmentAdministration of Treatment Over ObjectionHLT, JHA

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 0 benefits, 1 costs, 5 mixed.

Court orders community mental health care

A court can order assisted community treatment for up to two years. Before ordering it, the court needs testimony from a qualified examiner who recently examined the person and a written treatment plan. Hearings generally must be set within 10 days, and the court must dismiss a petition when the person does not meet the treatment criteria. An adult can ask the court not to notify certain family members.

Court-approved mental health treatment and medication

A court can approve medication during involuntary hospitalization when the person already has a community treatment order, and the medication must follow that order's plan. Courts can also authorize medication types or classes in a community treatment order after finding that expected benefits outweigh harms. The law also creates a facility process for treatment over objection, with notice, a hearing, and appeal rights, and lists rights for patients in psychiatric facilities.

New rules for mental health emergencies

The law sets rules for emergency transport, exams, and hospital stays for people who may be mentally ill or abusing substances and pose an immediate danger. Emergency stays generally last up to 72 hours, with extensions allowed in specified cases. People keep the right to a lawyer, and hearing notices must explain their rights in plain language. The law also changes family notice, hearing procedures, and some protective-order powers.

Commitment records affect firearm permits

The state must keep records of involuntary civil commitments for law enforcement use in firearm permits, licenses, and registration. This applies to commitments from any date and may affect the person's ability to qualify for firearm approval.

New checks before psychiatric discharge

Before discharge, a qualified examiner must assess whether community treatment is indicated for people held involuntarily, brought in for emergency care, or admitted voluntarily as inpatients. For some civil commitments, facility staff must also assess community treatment and may contact an aftercare provider. Facilities must give notice of planned discharge, but the law removes the former five-day period for objections and related court hearings.

More mental health data sharing

The health department must collect mental health service data and report to the Legislature each year before its regular session. Providers must share relevant treatment information when the state requests it for a community treatment petition. Petitioners, the state, and courts must share treatment orders with law enforcement or others needed to carry them out. The law also broadens some definitions of patients and treatment.

Sponsors & Cosponsors

Sponsor

  • Ronald D. Kouchi

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 203 • No: 9

House vote • 4/30/2025

House Floor Vote

Yes: 41 • No: 9

Senate vote • 4/24/2025

The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS....

Yes: 3 • No: 0

House vote • 4/24/2025

The Conference Committee recommends that the measure be Passed, with Amendments....

Yes: 3 • No: 0

House vote • 4/8/2025

House Floor Vote

Yes: 50 • No: 0

House vote • 3/25/2025

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 10 • No: 0

House vote • 3/19/2025

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA...

Yes: 49 • No: 0

House vote • 3/14/2025

The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 9 • No: 0

Senate vote • 3/4/2025

Senate Floor Vote

Yes: 25 • No: 0

Senate vote • 2/26/2025

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 4 • No: 0

Senate vote • 2/7/2025

The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 5 • No: 0

Senate vote • 2/7/2025

The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 4 • No: 0

Actions Timeline

  1. Act 219, 06/25/2025 (Gov. Msg. No. 1321).

    6/25/2025Senate
  2. Act 219, on 06/25/2025 (Gov. Msg. No. 1321).

    6/25/2025House
  3. Received notice of passage on Final Reading in House (Hse. Com. No. 821).

    5/2/2025Senate
  4. Enrolled to Governor.

    5/2/2025Senate
  5. Received notice of Final Reading (Sen. Com. No. 888).

    5/1/2025House
  6. Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.

    4/30/2025Senate
  7. Passed Final Reading as amended in CD 1 with Representative(s) Belatti, Poepoe, Shimizu voting aye with reservations; Representative(s) Amato, Chun, Garrett, Grandinetti, Iwamoto, Perruso, Reyes Oda, Souza, Takenouchi voting no (9) and Representative(s) Cochran excused (1).

    4/30/2025House
  8. The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) San Buenaventura, Elefante, Rhoads; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella.

    4/24/2025Senate
  9. The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Takayama, Garcia; Ayes with reservations: Representative(s) Poepoe; 0 Noes: none; and 0 Excused: none.

    4/24/2025House
  10. Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 87).

    4/24/2025Senate
  11. 48 Hrs. Notice (as amended CD 1) 04-30-25.

    4/24/2025Senate
  12. Reported from Conference Committee (Conf Com. Rep. No. 87) as amended in (CD 1).

    4/24/2025House
  13. Forty-eight (48) hours notice Wednesday, 04-30-25.

    4/24/2025House
  14. Conference committee meeting to reconvene on 04-24-25 3:30PM; Conference Room 329.

    4/23/2025Senate
  15. Conference committee meeting scheduled for 04-23-25 3:30PM; Conference Room 329.

    4/22/2025Senate
  16. Received notice of appointment of House conferees (Hse. Com. No. 731).

    4/15/2025Senate
  17. Senate Conferees Appointed: San Buenaventura Chair; Elefante, Rhoads Co-Chairs; Fevella.

    4/15/2025Senate
  18. Received notice of Senate conferees (Sen. Com. No. 789).

    4/15/2025House
  19. House Conferees Appointed: Takayama, Poepoe Co-Chairs; Garcia.

    4/14/2025House
  20. Received from House (Hse. Com. No. 680).

    4/10/2025Senate
  21. Senate disagrees with House amendments.

    4/10/2025Senate
  22. Received notice of disagreement (Sen. Com. No. 779).

    4/10/2025House
  23. Passed Third Reading as amended in HD 2 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate.

    4/8/2025House
  24. Reported from JHA (Stand. Com. Rep. No. 2032) as amended in HD 2, recommending passage on Third Reading.

    4/4/2025House
  25. Forty-eight (48) hours notice Tuesday, 04-08-25.

    4/4/2025House

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