Chapter 334 — Chapter 334

PART I. GENERAL AND ADMINISTRATIVE PROVISIONS §334-1 Definitions. As used in this chapter unless otherwise indicated by the context: "Administrator" means the person in charge of a public or private hospital. "Admission procedures" mean the various methods for admission of mental…

§334-10 State council on mental health. (a) There is established, within the department of health for administrative purposes, a state council on mental health. The council shall consist of twenty-one members appointed by the governor as provided in section 26-34. In making appoi…

PART VII. COMMUNITY RESIDENTIAL TREATMENT SYSTEM §334-101 Establishment. It is the intent of the legislature to establish a statewide system of residential treatment programs which provide a range of available services which will be alternatives to institutional care and are base…

§334-103 Program elements. The following shall be the program elements of the system. These shall be designed to provide, at every level, alternatives to institutional settings. Applicants applying to operate program elements shall show how each of these elements works with the c…

§334-106 License or accreditation required. Facilities operated pursuant to this part shall be licensed under existing licensing categories, including provisional licenses, or accredited pursuant to section 321-193(10). Facilities operated pursuant to section 334-103(1) or (2) to…

§334-11 Service area boards. (a) A service area board shall be established within the department of health for administrative purposes to advise each service area administrator. Each board shall consist of nine members appointed by the governor, who shall serve for terms to be de…

§334-122 Definitions. For the purposes of this part: "Assisted community treatment" includes medication specifically authorized by court order; individual or group therapy; day or partial day programming activities; services and training, including educational and vocational acti…

§334-123 Initiation of proceeding for assisted community treatment. (a) Any interested party may file a petition with the family court alleging that another person meets the criteria for assisted community treatment. The petition shall state: The hearing on the petition need not …

§334-126 Hearing on petition. (a) The court shall adjourn or continue a hearing for failure to timely notify a person entitled to be notified unless the court determines that the interests of justice require that the hearing continue without adjournment or continuance. (b) The ti…

§334-128 Treatment costs and fees. Private treatment pursuant to the court order shall be at the expense of the subject of the petition, except to the extent such charges are covered by other laws or programs. Treatment through a designated mental health program shall be pursuant…

§334-13 Representative payee program. (a) There is established a representative payee program within the department of health, to be administered by the director of health, to provide representative payee services to "mentally ill persons", "persons suffering from substance abuse…

§334-131 Notice of intent to discharge. (a) When the assisted community treatment provider contemplates discharge for a subject of the order because of the imminent expiration of the court order or because the subject of the order is no longer a proper subject for assisted commun…

§334-132 Objection to discharge. (a) If any person specified as entitled to receive notice files a written objection with the family court on the grounds that the subject of the order is a proper subject for assisted community treatment, the family court shall conduct a hearing t…

§334-133 Petition for additional period of treatment; hearing. (a) Before the expiration of the period of assisted community treatment ordered by the family court, any interested party may file a petition with the family court for an order of continued assisted community treatmen…

§334-134 Hearing for discharge. Any person may petition the family court for the discharge of an order of assisted community treatment during the period of assisted community treatment after sixty days from the most recent hearing involving the subject of the order. The petition …

§334-15 Mental health and substance abuse special fund; established. (a) There is established a special fund to be known as the mental health and substance abuse special fund into which shall be deposited all revenues and other moneys collected from certification programs and tre…

[Part X.] ADMINISTRATION OF TREATMENT OVER THE PATIENT'S OBJECTION §334-161 Criteria for issuance of court or administrative order for treatment over the patient's objection. (a) A patient who has been committed to a psychiatric facility for involuntary hospitalization or who is …

[PART XI.] CRISIS SERVICES §334-171 Crisis intervention and diversion services program. (a) There shall be established within the department a crisis intervention and diversion services program to redirect persons, including homeless persons, experiencing mental health disorders …

§334-2 Mental health system. The department of health shall foster and coordinate a comprehensive mental health system utilizing public and private resources to reduce the incidence of mental or emotional disorders and substance abuse, to treat and rehabilitate the victims in the…

§334-2.5 Contracts for facilities and services. (a) The director may contract with any person for: (b) The department may operate or contract for a secure psychiatric rehabilitation program for individuals who require intensive therapeutic treatment and rehabilitation in a secure…

PART II. OPERATION OF PSYCHIATRIC FACILITIES §334-21 Licensing of psychiatric facilities. No person, association, corporation, or government agency shall establish, maintain, or operate a psychiatric facility to which persons are involuntarily admitted without first obtaining a l…

§334-22 Penalty. Any person who and any association or corporation which establishes, maintains, or operates a psychiatric facility for compensation or hire without holding a valid license issued under this part, and any officer of any association or corporation who participates …

§334-23 Money belonging to patients. Whenever small amounts of cash come into the hands of the administrator of a psychiatric facility, the administrator may, without seeking the appointment of a guardian, deposit the money in a bank or other financial institution and from time t…

§334-24 Admission; discharge; civil liability. No person shall be admitted to, detained at, or discharged from any psychiatric facility except as provided in this chapter and in chapters 571, 704 and 706. [L 1967, c 259, pt of §1; HRS §334-24; am L 1976, c 130, §2]

§334-3 Functions of department in mental health. (a) The department of health within the limits of available funds within the designated programs, shall promote and provide for the establishment and operation of a community-based mental health system responsive to the needs of pe…

PART III. STATE HOSPITAL--REPEALED §§334-31 to 334-38 REPEALED. L 1999, c 119, §8.

§334-4 Personnel for mental health program. The director shall appoint professional and nonprofessional staff as the director deems necessary to carry out the state mental health program and for which appropriations are available. Positions for psychiatrists are exempted from cha…

§§334-51 to 334-58 [OLD] REPEALED. L 1976, c 130, pt of §4.

§§334-59 and 334-59.5 REPEALED. L 2025, c 219, §§27, 28.

§334-6 Fees; payment of expenses for treatment services. (a) Pursuant to chapter 91, the director shall establish reasonable charges for treatment services and may make collections on such charges. In making the collections on such charges the director shall take into considerati…

§334-60 REPEALED. L 1984, c 188, §2.

§334-60.4 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary hospitalization. (a) The court shall set a hearing on the petition and notice of the time and place of the hearing shall be served in accordance with, and to those persons speci…

§334-60.6 Period of detention. The psychiatric facility may detain a subject for a period of time ordered by the court not to exceed ninety days from date of admission unless sooner discharged by the facility pursuant to section 334-76 or section 334-74. At the end of the ninety-…

D. General Provisions §334-61 Presumption; civil rights. No presumption of insanity or legal incompetency shall exist with respect to any patient by reason of the patient's admission to a psychiatric facility under this chapter. The fact of the admission shall not in itself modif…

§334-7 Donations or grants to department. The department of health is authorized to accept donations or grants from individuals and other agencies, public and private, to further the purposes of the mental health program. The donations or grants shall in fact be used for the ment…

PART V. TRANSFER, LEAVE, AND DISCHARGE §334-71 Transfer of patients between facilities. A patient at a psychiatric facility, including those held on court order, may be transferred to another psychiatric facility when the administrator of the sending facility determines that it w…

§334-72 Transfer of veterans. (a) Upon receipt of a certificate of the Department of Veterans Affairs or other agency of the United States that facilities are available for the care and treatment of a person previously admitted to a psychiatric facility and that the person is eli…

§334-73 REPEALED. L 1976, c 130, §7.

§334-74 Transfer of residents of correctional facilities. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] If any resident of a state correctional facility is in need of acute psychiatric treatment for mental illness, the director of …

§334-75 Authorized absence. The administrator of a psychiatric facility or the administrator's deputy may grant authorized absence from the facility to any patient upon such terms and conditions as the administrator or the administrator's deputy may deem advisable, and, as to a p…

§334-76 [OLD] REPEALED. L 1976, c 130, §9. §334-76 Discharge from custody. (a) Subject to any special requirements of law as provided in sections 704-406, 704-411, and 706-607 or elsewhere, with respect to patients committed on court order from a criminal proceeding, the administ…

§334-8 Agreements. In carrying out the director's duties under this chapter:

PART VI. APPEAL AND REVIEW §334-81 Request for hearing. At any time after the admission of a patient to a psychiatric facility under part IV of this chapter or after the transfer of a patient to another psychiatric facility under section 334-71, the patient or, on the patient's b…

§334-82 Order to show cause; guardian ad litem. Immediately upon receipt of a request, the court shall issue an order to show cause directed to the administrator of the facility and commanding the administrator to show cause at a date and time certain no later than five days ther…

§334-83 Hearing. The court may take testimony and may examine the patient and after a full and complete hearing shall render a decision in writing, setting forth its findings of fact and conclusions of law. The court may award a fee to the guardian ad litem to be paid out of any …

§334-84 Order. If it is determined that the admission of the patient is regular and that the patient needs continued hospitalization, the court shall issue an order authorizing the detention of the patient at the facility. If it is determined that the admission of the patient is …

§334-85 Further hearings. A judicial determination under this part regarding the detention of a patient at the same psychiatric facility may not be demanded as of right more often than once in a period of six months. [L 1967, c 259, pt of §1; HRS §334-85]

§334-86 Status of patient pending hearing. Unless otherwise ordered by the court, the authority of the psychiatric facility to detain a patient shall not be diminished by the institution of proceedings under this part until a final order requiring the discharge of the patient. [L…

§334-9 Rules. The director of health shall adopt rules in accordance with chapter 91 to carry out this chapter. [L 1967, c 259, pt of §1; HRS §334-9; am L 1984, c 218, §5]