Title 19, Health

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…

[§334-102] Criteria. The director shall use the following as criteria in determining the eligibility of each applicant:

§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…

[§334-104] Least restrictive level of service. The system shall be developed in such a way that clients may move within the system to the most appropriate, least restrictive level of service. The system shall also allow for direct referral of clients, without requiring that a per…

[§334-105] Evaluation. An adequate proportion of funds shall be applied to the development and implementation of an appropriate evaluation mechanism. The department, in conjunction with the programs, shall specify the criteria to be used in the evaluation of each program and in t…

§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…

[§334-12] Bilingual mental health services. (a) There is established in the mental health division of the department of health, a mental health unit which shall provide bilingual mental health services statewide. (b) The mental health unit established in this section shall have t…

PART VIII. ASSISTED COMMUNITY TREATMENT §334-121 Criteria for assisted community treatment. An individual may be ordered to obtain assisted community treatment if the family court finds, based on the professional opinion of a qualified psychiatric examiner, that:

§334-121.5 Examination for assisted community treatment indication. A qualified psychiatric examiner associated with the psychiatric facility where a patient is located who was committed to involuntary hospitalization, delivered for emergency examination or emergency hospitalizat…

§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 …

[§334-123.5] Appointment of a guardian ad litem. The family court, upon receipt of a petition filed under this part, shall determine the existence of a guardian and if none, shall appoint a guardian ad litem to represent the best interests of the subject of the petition throughou…

§334-124 Hearing date. The family court shall set a hearing date on a petition, and any subsequent hearing dates for the petition, as soon as possible but no later than ten days after the filing of the petition. A hearing on the petition may be continued pending further examinati…

§334-125 Notice. (a) Notice of the hearing under this part shall be: (b) The notice shall include the following: (c) Notice to the subject of the petition's spouse or reciprocal beneficiary, legal parent, adult child, or closest adult relative may be waived if the subject is an a…

§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…

§334-127 Disposition. (a) If, after considering all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the subject of the petition does not meet the criteria for assisted community treatment, the family …

[§334-127.5] Records and disclosure of information. (a) A treatment provider who provided or is providing medical, psychiatric, therapeutic, or social services treatment to an individual shall provide relevant treatment information, if available, to the department of the attorney…

§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…

§334-129 Failure to comply with assisted community treatment. (a) A qualified psychiatric examiner may prescribe or administer to the subject of the order reasonable and appropriate medication or medications, if specifically authorized by a court order, and treatment that is cons…

§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…

§334-130 Period of assisted community treatment. (a) Unless a family court orders otherwise, the assisted community treatment order shall continue to apply to the subject, for the duration specified in the order, regardless of whether the treatment setting changes. (b) A subject …

§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 …

§334-14 Group homes for substance abusers; source of funds; disposition of receipts. (a) All moneys to make loans for the establishment of housing in which individuals recovering from alcohol or drug abuse may reside in groups of not less than four individuals, shall be allocated…

[PART IX.] CIVIL COMMITMENT FOR SUBSTANCE ABUSE OUTPATIENT TREATMENT [§334-141] Definitions. As used in this part: "Family member" means any individual who is a member of the immediate family of the person who is the subject of the petition, including spouse, child, parent, grand…

[§334-142] Petition. Any family member may petition the family court for an order requiring a respondent to enter into an outpatient treatment program for substance abuse. The petition shall be in writing under penalty of perjury and include facts relating to:

[§334-143] Notice of hearing and service of petition on respondent. The court shall set a time and date for hearing on the petition, within ten days of the filing of the petition. The notice of hearing and petition shall be served on the respondent. [L 2004, c 44, pt of §20]

[§334-144] Hearing and court order. (a) The court shall conduct a hearing to consider all facts relating to the petition. The court may postpone the hearing and order the respondent to be assessed for substance abuse or addiction by a certified substance abuse counselor, at the p…

[§334-145] Treatment costs, fees, and costs for petition process. The petitioner shall bear all fees and costs related to bringing the petition. The petitioner or respondent shall bear all costs of private treatment. Nothing in this part authorizes publicly funded substance abuse…

[§334-146] Discharge. If the respondent successfully completes the outpatient treatment program and is discharged from the program prior to the end of the court-ordered treatment period, the court order shall automatically lapse. [L 2004, c 44, pt of §20]

[§334-147] Failure to comply with court order. The court may impose sanctions for violation of the court order. [L 2004, c 44, pt of §20]

[§334-148] Application. Notwithstanding any other law to the contrary, this part shall apply to all petitions filed by family members seeking involuntary outpatient commitment of the respondent with substance abuse as the primary diagnosis. [L 2004, c 44, pt of §20]

§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…

[§334-16] Annual report; forensic patient data. The department of health shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session which, at a minimum, shall summarize yearly data on forensic patients, including:

[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 …

§334-162 Criteria for administrative authorization process. (a) A patient who is in the custody of the director and in a psychiatric facility may be ordered to receive medical treatment over the patient's objection through an administrative authorization process that includes the…

[§334-17] Annual report; emergency transportations; assisted community treatment. Each provider of services involved in an emergency transportation initiated by a law enforcement officer, court order, or health care provider; assisted community treatment petition; or assisted com…

[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…

[§334-2.7] Development or expansion of a forensic facility of the department of health. (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of a forensic facility of t…

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]