Report Title:

Mental health

Description:

Creates Department of Health treatment review panel

THE SENATE

S.B. NO.

1225

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to mental health.

 

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

SECTION 1. The purpose of this Act is to improve mental health services by streamlining the process and expediting the length of time required to obtain an order for involuntary treatment for:

(1) Persons civilly committed to a hospital pursuant to chapter 334, Hawaii Revised Statutes; and

(2) Persons committed to the custody of the director of health pursuant to chapter 704, Hawaii Revised Statutes.

This Act will better balance the rights of individuals, the concern for public safety, and the need for mental health treatment when considering recommendations and alternatives to current involuntary treatment procedures.

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

"§334- Treatment review panels. The department shall be authorized to establish treatment review panels, including clinicians, attorneys, and patient advocates, to continue emergency treatment until an order for involuntary treatment can be heard, with review and decision on continuation of emergency treatment made no later than seventy-two hours after initiation of such treatment."

SECTION 3. Section 334-1, Hawaii Revised Statutes, is amended by amending the definitions of "dangerous to self", "gravely disabled", and "obviously ill", to read as follows:

""Dangerous to self" means the person [recently]:

(1) Recently has threatened or attempted suicide or serious bodily harm; [or the person recently]

(2) Recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, shelter or self-protection, so that it is probable that death, substantial bodily injury, or serious physical debilitation or disease will result unless adequate treatment is afforded[.]; or

(3) Suffers from impairment due to severe mental illness.

"Gravely disabled" means a condition in which a person, as a result of a mental disorder[,]:

(1) [is] Is unable to provide for that individual's basic personal needs for food, clothing, or shelter;

(2) [is] Is unable to make or communicate rational or responsible decisions concerning the individual's personal welfare; and

(3) [lacks] Lacks the capacity to understand that this is so.

Other indications of "gravely disabled" include a pattern of deterioration, a high rate of recidivism, and an inability to provide or obtain food, shelter, and clothing.

"Obviously ill" means a condition in which a person's current behavior and previous history of mental illness, if known, indicate a disabling mental illness, and the person is incapable of understanding that there are serious and highly probable risks to health and safety involved in refusing treatment, the advantages of accepting treatment, or of understanding the advantages of accepting treatment and the alternatives to the particular treatment offered, after the advantages, risks, and alternatives have been explained to the person. Other indications of "obviously ill" include a pattern of deterioration, a high rate of recidivism, and an inability to provide or obtain food, shelter, and clothing."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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