Hawaii Administrative Code

(a) Services to all consumers shall be appropriate to their age, level of development, current situation, social, ethno-cultural, educational, religious and economic background and shall take into account the central nature of the family, parents or parent substitutes and peer gr…

Mental health and substance abuse services shall be delivered in a continuum which includes prevention, intervention treatment, rehabilitation and aftercare. Notes Haw. Code R. § 11-175-12 [Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 334-9) (Imp: HRS § 334-2)

Services shall be accessible and delivered in nonresidential residential, and hospital settings. Notes Haw. Code R. § 11-175-13 [Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 334-9) (Imp: HRS § 334-2)

(a) Elements of the mental health and substance abuse System shall include, but are not limited to the following Services and each service area shall ensure adherence to the following Standards and availability of the specific minimum levels of Service to persons eligible for Ser…

(a) No single needs assessment model or procedure shall be used as the sole criterion for determining service area mental health and substance abuse needs. At least one assessment of need shall be made by a multi-disciplinary team or group of persons which includes at least one s…

(a) Each service area center in conjunction with its service area board shall seek information, opinions, and recommendations from service area residents through such measures as community forums, public meetings, formal and informal surveys. (b) Each service area center shall id…

(a) The department shall provide a framework for need-based and community-based planning including the ongoing development and coordination of a statewide service delivery system. (b) The department shall establish mechanisms to guide the planning of mental health and substance a…

(a) Except for those consumers for whom no additional mental health or substance abuse care is necessary or accepted, no psychiatric facility or residential treatment facility shall discharge any consumer without notifying the provider of mental health, substance abuse, or other …

(a) All providers of mental health or substance abuse services in the system shall: (1) Be functionally linked in a collaborative and cooperative manner to assure that consumer needs and potentials are met. (2) Meet requirements established by the department; (3) Establish writte…

As used in this chapter: "Abuse" means actual or threatened physical injury, psychological harm, or sexual violation of a consumer by another person. "Adult mental health division" or "AMHD" means the division of the department that promotes and provides for the establishment and…

(a) All mental health and substance abuse services provided directly by or under contract by the department shall be monitored and evaluated at least annually in accordance with contractual provisions and requirements established by the department to ensure a high level of servic…

There shall be, policies and procedures governing the promotion, conduct and range of research activities, demonstration projects and studies. Notes Haw. Code R. § 11-175-21 [Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 321-9) (Imp: § 334-2)

The department shall maintain a system of data collection and record keeping to correlate resources, services and outcomes for accreditation or certification purposes and for reporting to the state and federal agencies. Notes Haw. Code R. § 11-175-22 [Eff. and comp DEC 30 1988; C…

(a) The four year state plan shall reflect plans developed in each of the service areas. It shall highlight plans for special populations and shall indicate what proportion of the division's budget is to be spent on each part of the continuum of services and each location of serv…

Consumers who speak no or limited English or who are hearing impaired shall be provided the services of a qualified interpreter for the purpose of interpretation and translation and assisting the consumer to obtain all needed service elements as described in subchapter 3 of these…

In the event of budget restrictions, budget reductions, reductions in force, or similar measures limiting the department's available resources, the director may change or reduce Community mental health Services. The following are among the criteria to be considered: (1) Whether t…

Notes Haw. Code R. §§ 11-175-26 to 11-175-29

(a) The state council on mental health and substance abuse shall serve as an advisory body to the department and the council's function shall not include any clinical, administrative, or ''supervisory functions of the department, (b) The council shall: (1) Advise the department o…

(a) Each consumer admitted to a mental health or substance abuse program shall have a clinical record maintained at the program. The record shall be accessible to the consumer, the consumer's legal guardian, if any, and shall include, but not be limited to: (1) All documents rela…

(a) Information in the clinical record of a consumer of mental health or substance abuse services shall be confidential and shall not be shared outside the mental health division, outside a contract program, or by a private provider, except information shall be disclosed: (1) Whe…

Notes Haw. Code R. § 11-175-32 NOV 12 1991

(a) Mental health and substance abuse programs shall obtain informed consent to treatment before nonemergency treatment of a consumer commences except for a person specifically ordered by a court to be involuntarily treated. (b) A signed consent to treatment form shall be placed …

(a) Mental health and substance abuse programs shall establish grievance policies and procedures for consumers and others on their behalf who allege violations of legally protected rights or have complaints concerning these rights. Such policies and procedures shall include mecha…

(a) Psychiatric facilities and residential treatment facilities shall establish policies and procedures about the consumer's right of access to personal funds and valuables. Such policies and procedures shall include mechanisms for: (1) Informing consumers about their responsibil…

(a) Psychiatric facilities and residential treatment facilities shall presume that adult consumers are legally competent unless a court has determined otherwise, and shall establish policies and procedures for exercise of civil rights by consumers. Such policies shall include but…

Psychiatric facilities and residential treatment facilities shall grant consumers authorized absence upon terms and conditions to be determined by the facility administrator for reasons such as, but not limited to personal business, family emergencies, visits, and trial periods o…

(a) Psychiatric facilities and residential treatment facilities shall establish facility rules and regulations for staff and consumers which are in compliance with Federal and State laws, regulations, and administrative rules; (b) Inform consumers upon admission of rules and regu…

(a) Psychiatric facilities and residential treatment facilities are prohibited from retaliating either verbally or physically against consumers of services. Staff members shall: (1) Report to the person responsible for a consumer's individualized treatment plan any unexpected, fi…

(a) Each service area board shall be represented on the council by one designated council member who is also a service area board member. (b) Members of the council shall be consumers providers, and other residents with the majority being consumers and other residents who are non…

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…