Report Title:

Involuntary Medication

Description:

Establishes a streamlined judicial process by which the DOH can seek a court order to permit involuntary medication of mental health patients to ensure safety in DOH operated or funded psychiatric inpatient facilities. (SD2)

THE SENATE

S.B. NO.

130

TWENTY-THIRD LEGISLATURE, 2005

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INVOLUNTARY PSYCHIATRIC TREATMENT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that mental health patients committed civilly or pursuant to the provisions of the penal code to department of health operated or funded facilities and to the custody of the director of health are entitled to participate in treatment decisions including decisions about psychotropic medications. The legislature further finds that the department of health has the responsibility to maintain safe inpatient environments for mental health patients and for the hospital staff who provide inpatient services for them. Concomitant with that responsibility, the department of health needs judicial authorization to administer involuntarily psychotropic medications to committed patients who refuse such medication and pose danger to themselves or other persons. In involuntary medication cases, the judiciary is called upon to balance the due process rights of the mental health patient to refuse treatment with psychotropic medication with the legitimate state interest in safeguarding civilly and criminally committed mental health patients and the hospital staff members who treat them.

The purpose of this Act is to authorize and provide for a streamlined judicial process by which the department of health may seek a court order permitting involuntary medication of mental health patients to ensure safety in department of health operated or funded psychiatric inpatient facilities.

SECTION 2. Chapter 334, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated to read as follows:

"§334-A Expedited hearings and decisions on involuntary medication motions. (a) The director of health may apply for judicial authorization for the involuntary administration of psychotropic medication of:

(1) A patient civilly committed to an inpatient department of health operated or funded psychiatric facility pursuant to chapter 334, part IV;

(2) A patient committed to a hospital for a forensic examination pursuant to chapter 704; or

(3) A patient committed to the custody of the director of health pursuant to chapter 704,

by filing an appropriate motion in the civil commitment proceeding concerning, or the pending criminal action against the patient.

(b) After the filing of a motion, the court shall:

(1) In a civil commitment proceeding pursuant to chapter 334, part IV, either:

(A) Schedule a hearing before the court on the involuntary medication motion to begin immediately after entry of the order for civil commitment;

(B) If the involuntary medication motion is filed during the commitment period (as opposed to prior to the commitment hearing), schedule a hearing to commence no sooner than the third calendar day after service of notice of the hearing; or

(C) Refer the motion to a master as set forth in subsection (b)(3) and follow the processes and timeframes set forth therein.

(2) In a criminal action pursuant to chapter 704, file the motion and notice of hearing in the criminal action. The court shall refer the motion to a master who shall conduct a fact-finding hearing. The hearing shall commence after the third calendar day after service of the motion and notice of the hearing, and shall be conducted at the psychiatric facility in which the defendant is confined.

(c) Pursuant to rules established by the judiciary, the chief administrative judge of each judicial circuit shall appoint at least one qualified person to serve as a master in involuntary medication motions in criminal actions originating in the judicial circuit. The master shall:

(1) Be an attorney licensed to practice in the State;

(2) Be in good standing; and

(3) Possess training and experience in the litigation of criminal actions, forensic mental health, and treatment of mental illnesses with psychotropic medication.

The rules established by the judiciary shall specify the process by which cases are referred to a master; the process by which hearings are conducted by a master; and all other relevant proceedings.

(d) Within twenty-four hours after the conclusion of the hearing on the involuntary medication motion, the master shall file with the court and provide to counsel for the state, the department of health, and the defendant, the master’s report of factual findings and recommended order for consideration by the presiding judge in the criminal action.

(e) The master may require the movant to submit proposed findings of fact, conclusions of law, and order at the close of the hearing. The presiding judge shall issue an order adopting or rejecting the master’s report and recommended order no later than forty-eight hours after filing. The presiding judge’s order shall be served upon the defendant immediately, the medical director of the psychiatric facility, counsel for the state, counsel for the department of health, counsel for the defendant, and upon any other person or entity notified of the hearing of the involuntary mediation motion.

(f) Pursuant to rules established by the judiciary, the master shall be compensated for services rendered and cost incurred pursuant to the appointing order. The department of health shall pay for the services and costs of the master.

§334-B Continued involuntary administration of psychotroptic medication; after emergency and pending decision of an involuntary medication motion. (a) In cases where involuntary administration of psychotropic medication is commenced in response to an emergency precipitated by the behavior of a mental health patient in a department of health operated or funded psychiatric facility, the treating psychiatrist of the patient involved in the emergency shall be authorized to continue involuntary administration of psychotropic medication to the patient for seventy-two hours. After the seventy-two hour period, the treating psychiatrist shall be authorized to continue involuntary administration of psychotropic medication; provided that:

(1) The medical director of the psychiatric facility concurs with the treating psychiatrist that the involuntary administration of psychotropic mediation should continue; and

(2) The treating psychiatrist causes to be filed with the appropriate court a motion for authorization of involuntary administration of psychotropic medication pursuant to the provisions of section 334-A prior to the end of the seventy-two hour period, and the motion is scheduled for hearing, heard and decided pursuant to the processes and within the timeframe set forth in section 334-A.

(b) In such event, the treating psychiatrist may continue involuntary administration of psychotropic medication until the disposition of the motion for authorization of involuntary treatment with psychotropic medication. If, during this period, the treating psychiatrist is able to obtain informed consent from the patient for continuing administration of psychotropic medication, counsel for the treating psychiatrist shall notify the court and/or the master that an informed consent has been signed, and whether the motion is withdrawn."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.