Title 19, Health

[§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: (1)…

[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: (1) The development or operation of private in-state psychiatric facilities; (2) The placement of patients in existing private or public psychiatric facilities; and (3) The provisio…

[§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]

§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…

[§334-3.5] Employment program for the chronically mentally ill established. There is established within the mental health division of the department of health a community-based employment program for the chronically mentally ill to (1) create business enterprises for employment o…

§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…

PART IV. ADMISSION TO PSYCHIATRIC FACILITY A. Emergency Procedures [§334-41] Emergency procedures. The emergency procedures in this subpart shall consist of emergency transportation, emergency examination, and emergency hospitalization for individuals who may be mentally ill or s…

[§334-42] Emergency transportation initiated by a law enforcement officer. (a) When a law enforcement officer has a reasonable suspicion that an individual is imminently dangerous to self or others and needs to be detained for emergency examination, the law enforcement officer sh…

[§334-43] Emergency transportation initiated by a court order. (a) Upon written or oral application of any licensed physician, advanced practice registered nurse, psychologist, attorney, member of the clergy, health or social service professional, or any state or county employee …

[§334-44] Emergency transportation initiated by a health care provider. (a) Any licensed physician, advanced practice registered nurse, physician assistant, licensed clinical social worker, or psychologist who has examined an individual and determines that the individual is menta…

[§334-45] Emergency examination. (a) A licensed physician, medical resident under the supervision of a licensed physician, physician assistant, psychologist, or advanced practice registered nurse may conduct an initial examination and screening of a patient transported under sect…

[§334-46] Emergency hospitalization. (a) If, following an emergency examination pursuant to section 334-45(a), a qualified psychiatric examiner determines that the criteria for involuntary hospitalization exist, the patient shall be hospitalized on an emergency basis or transferr…

[§334-47] Notice of emergency transportation, examination, and hospitalization. Notice of an individual's emergency transportation, examination, and hospitalization under this subpart may be given to at least one of the following persons in the following order of priority: the in…

§334-5 Confidentiality of records. All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined in this chapter, health plans as defined in title 45 Code of Federal Regulatio…

§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…

B. Voluntary Admission [§334-60.1] Voluntary admission for nonemergency treatment or supervision. (a) Acceptance for voluntary inpatient treatment at a psychiatric facility shall be in accordance with usual standards for hospital admissions. (b) A facility may admit for evaluatio…

C. Involuntary Hospitalization §334-60.2 Involuntary hospitalization criteria. An individual may be committed to a psychiatric facility for involuntary hospitalization if the court finds: (1) That the individual is mentally ill or suffering from substance abuse; (2) That the indi…

§334-60.3 Initiation of proceeding for involuntary hospitalization. (a) Any person may file a petition alleging that an individual meets the criteria for commitment to a psychiatric facility as provided in section 334-60.2. The petition shall be filed in the county where the indi…

§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…

§334-60.5 Hearing on petition. (a) The court shall adjourn or continue a hearing for failure to timely notify the subject of the petition's spouse or reciprocal beneficiary, legal parent, adult child, surrogate, guardian, or relative, or other person determined by the court to be…

§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-…

§334-60.7 Notice of intent to discharge. (a) When the administrator, the administrator's deputy, or the attending physician of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is…

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…

[§334-62] Service of process and papers upon patients. (a) Service of process and papers upon a patient in a psychiatric facility or a patient on authorized or unauthorized absence from a psychiatric facility shall be made in the following manner: (1) Service of process and paper…

[§334-63] Psychiatric facility; procurement of and payment of expenses for medical care and long-term care. (a) Rates of payments for medical care for patients of the Hawaii state hospital and for patients under the custody of the director at a psychiatric facility other than the…

§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…

§334-74 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 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 administrator of a psychiatric facility, the admini…

§334-8 Agreements. In carrying out the director's duties under this chapter: (1) The director of health may enter into agreements with the United States and with other state departments, agencies, and political subdivisions and enter into assistance agreements for services with a…

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 …