Hawaii Administrative Code

Psychiatric facilities and residential treatment facilities shall: (1) Require that staff members address each consumer by the consumer's legal name or a version thereof to which the consumer has agreed. Adult consumers shall not be addressed in terms which imply that they are ch…

(a) Psychiatric facilities and residential treatment facilities shall provided consumers with a living environment which complies with department licensing provisions for housekeeping, infection control, life safety, and sanitation. (b) Allow consumers to keep and display-persona…

Psychiatric facilities and residential treatment facilities shall establish and implement admission criteria based on objective parameters justified in the program's design, licensed maximum capacity, or a contract's scope of service, but shall not otherwise deny services to an i…

(a) Psychiatric facilities and residential treatment facilities shall provide each consumer with; (1) An initial treatment plan before treatment begins and no later than 24 hours after admission; (2) A comprehensive treatment plan if the consumer's stay in a psychiatric facility …

(a) Psychiatric facilities and residential treatment facilities shall establish policies and procedures for exercise of the right of the consumer to participate in treatment planning when the consumer's plan is developed, reviewed, or modified. Procedures shall include: (1) Meeti…

(a) Psychiatric facilities and residential treatment facilities shall establish policies and procedures for exercise of the right to refuse nonemergency treatment by consumers, except consumers ordered by a court to receive specific policies and procedures shall include mechanism…

Psychiatric facilities and Residential treatment facilities shall establish policies and procedures for the consumer's right to refuse participation in experiments. Such policies and procedures shall include mechanisms for: (1) Review and approval of a proposed experiment by a re…

Psychiatric facilities and residential treatment facilities shall establish policies and procedures for the consumer's right to choose a primary provider of service, or request a change in primary-provider. These policies and procedures shall include: (1) How a consumer is assign…

(a) Psychiatric facilities and residential treatment facilities shall: (1) Ensure that all staff members receive orientation training and in-service training including specific training on the rights of consumers, any changes in statutes, administrative rules, and policies and pr…

(a) Psychiatric facilities shall provide a physical examination of the consumer unless that consumer refuses to have a physical examination. Such examination shall include determining if the consumer has a previously unrecognized and undiagnosed organic disease, medical illness o…

When a vacancy on the council occurs, the council shall: (1) Publish notice of the vacancy; (2) Solicit nominations from a variety of sources, including consumers, individual providers, agencies, and other resident sources; and (3) Forward to the governor, the names of all person…

Whenever staff of a psychiatric facility or residential treatment facility is informed that a consumer has a right withheld or removed by a court or by law, the program shall provide information verbally and in writing to the consumer on the right which has been withheld or remov…

Psychiatric facilities and residential treatment facilities shall establish policies and procedures for the consumer's right to physical exercise and recreation. Such policies and procedures shall include mechanisms for: (1) Providing consumers with opportunities for regular phys…

Psychiatric facilities and residential treatment facilities shall: (1) Post current menus at least 24 hours in advance when there is no choice of meals offered; (2) Ensure that at least three balanced meals are available at regular intervals within each 2-hour period and that sna…

(a) Psychiatric facilities and residential treatment facilities shall provide consumers with the names and titles of members by requiring that all staff who have contact with consumers wear an identification badge or pin stating the staff member's name and title; or (b) Posting t…

(a) Psychiatric facilities and residential treatment facilities which provide long-term care and treatment and on-site day activities shall establish policies and procedures for the consumer's exercise of the right to work. Such policies and procedures shall include mechanisms fo…

(a) Psychiatric facilities and residential treatment facilities shall establish policies and procedures for consumer's exercise of the right of consumers to have visitors, which include: (1) Daily visiting hours of not less than one hour which apply to all consumers; (2) The cons…

Psychiatric facilities and residential treatment facilities shall have policies and procedures for the consumer's exercise of the right to uncensored communication. Such policies and procedures shall include: (1) Daily telephone hours of not less than one hour for placing and rec…

(a) Psychiatric facilities and residential treatment facilities which use seclusion or restraint shall: (1) Use seclusion or restraint only; (A) When necessary to prevent imminent harm to the consumer, others, or property when other means of control are not appropriate or effecti…

(a) At any commitment or recommitment hearing for involuntary outpatient treatment or involuntary hospitalization, the petitioner shall ensure that the subject may choose to exercise the right to disclosure of any prior treatment, including what the treatment was, whether such tr…

(a) Psychiatric facilities and residential treatment facilities shall: (1) Provide the consumer and the consumer's legal guardian, or attorney-in-fact, if any, a copy of a summary of consumers' rights either on admission or no later than at the time consent to the initial treatme…

(a) Any changes in the number or boundary of service areas proposed by the director shall be preceded by public hearing pursuant to chapter 91, HRS. (b) Any proposals for redesignation of number or boundary of service areas shall address the following factors: (1) Estimated numbe…

Psychiatric facilities and residential treatment facilities shall determine the least restrictive level of service for each consumer and shall: (1) Ensure that documentation in a consumer's clinical record includes this determination; and (2) When a less restrictive level of serv…

(a) When a consumer is admitted to a psychiatric facility and the consumer does not have a previously assigned case manager, the facility administrator or program administrator shall ensure that the consumer is offered case management services. Case management services shall incl…

Residential treatment facilities shall: (1) Provide a program for consumers which includes increasing levels of independent functioning as appropriate; and (2) Ensure that consumers have access to prevocational and vocational programs. Notes Haw. Code R. § 11-175-62 [Eff. and com…

Residential treatment facilities shall establish policies and procedures, for the consumer's exercise of the right to participate in: (1) Decisions made concerning operating practices including house rules and consumer responsibilities; (2) Development of new treatment modalities…

Psychiatric facilities operated by the State or a county shall establish policies and procedures for the consumer's exercise of the right to request treatment by a private physician licensed under chapter 453, HRS. Such policies and procedures shall include mechanisms for: (1) Pr…

(a) When a person is admitted or delivered for examination to a psychiatric facility, the facility shall ensure that: (1) The person is inspected immediately for any bruises, marks, possible fractures, other injuries and scars, and that any findings are noted in writing; (2) The …

Psychiatric facilities shall: (1) Not consider an application for voluntary hospitalization as lacking volition because an individual agreed to hospitalization as a result of a court proceeding; (2) Evaluate an individual's clinical suitability for voluntary admission based on cr…

(a) When petition has been filed alleging that a person located in the county meets the criteria for commitment psychiatric facility, and in the absence of an ex parte order, the subject of such a petition has the right to refuse to submit to medical examination and the right to …

(a) Any consumer committed by a court to the custody of the director of health for detention, care, and treatment in an institution because of unfitness to proceed shall be informed by facility staff verbally and in writing within one week of admission and at least annually there…

Any consumer in a psychiatric facility may be transferred to another psychiatric facility if transfer appears to be in the best interests of the consumer and if: (1) The consumer and any person specified in any current order of commitment has been given prior notice of and reason…

The service area center shall be the focal point for the development, delivery and coordination of services in that area. The location of each service area center shall be in its geographical service area. Notes Haw. Code R. § 11-175-7 [Eff. 12/19/86; comp DEC 30 1988; Comp OCT 1…

Consumers admitted to mental health or substance abuse programs not provided in a psychiatric facility or residential treatment facility shall be informed verbally and in writing of the status of their admission to the program, including: (1) Information on how to terminate servi…

Outpatient treatment programs shall establish policies and procedures to protect the admission and discharge rights of involuntary outpatients and shall include mechanisms for: (1) Informing the subject of a petition for involuntary outpatient treatment of the right to: (A) Refus…

Notes Haw. Code R. §§ 11-175-72 to 11-175-79

(a) A service area board shall seek public comment, review, advise, and make recommendations to its respective service area center chief on the services of the center and the board's function shall not include any clinical, administrative, or supervisory functions of the center. …

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-175-80 [Eff. an…

(a) Members of the service area board shall be service area consumers, and other persons including providers, who live or have their principal place of business in the service area and who as a group are broadly representative of the service area. The majority shall be consumers …

The purpose of this chapter is to establish standards for the certification of substance abuse counselors, substance abuse program administrators, prevention specialists, clinical supervisors, criminal justice addictions professionals, and co-occurring disorders professionals dip…

(a) The applicant shall be a physician certified by the American Society of Addiction Medicine or board certified in addiction psychiatry by the American Board of Psychiatry and Neurology. (b) The applicant shall submit to the department: (1) A completed application for certifica…

(a) The applicant shall be a physician without a specialty in addiction psychiatry or addiction medicine. (b) The applicant shall submit to the department: (1) A completed application for certification; (2) A copy of the applicant's current license to practice medicine in the Sta…

(a) The applicant shall be a psychologist with a certificate of proficiency in the treatment of alcohol and other psychoactive substance use disorders from the American Psychological Association College of Professional Psychology. (b) The applicant shall submit to the department:…

(a) The applicant shall be a licensed psychologist without a certificate of proficiency in the treatment of alcohol and other psychoactive substance use disorders. (b) The applicant shall submit to the department: (1) A completed application for certification; (2) A copy of the a…

(a) The applicant shall be a licensed clinical social worker, licensed marriage and family therapist, or licensed professional mental health counselor. (b) The applicant shall submit to the department: (1) A completed application for certification; (2) A copy of the applicant's c…

(a) The applicant shall be an advanced practice registered nurse. (b) The applicant shall submit to the department: (1) A completed application for certification; (2) A copy of the applicant's current license to practice as a registered nurse in the State of Hawaii, and evidence …

(a) The applicant shall have a high school diploma or its equivalent and shall have completed six thousand hours of clinically supervised work experience providing direct alcohol and drug treatment services. (1) The experience shall be documented by the clinical supervisor on a f…