Bill Text: HI SB2121 | 2012 | Regular Session | Amended
Bill Title: Department of Health; Involuntary Hospitalization; Mental Health
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2012-03-13 - (H) The committee(s) on HLT/HUS recommend(s) that the measure be deferred. [SB2121 Detail]
Download: Hawaii-2012-SB2121-Amended.html
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THE SENATE |
S.B. NO. |
2121 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-59, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) Initiation of proceedings. An emergency admission may be initiated as follows:
(1) If a [police] law enforcement officer
has reason to believe that a person is [imminently] dangerous to self or
others, or is gravely disabled, or is obviously ill, the officer shall call for
assistance from the mental health emergency workers designated by the
director. Upon determination by the mental health emergency workers that the
person is [imminently] dangerous to self or others, or is gravely
disabled, or is obviously ill, the person shall be transported by ambulance or
other suitable means, to a licensed psychiatric facility for further evaluation
and possible emergency hospitalization. A [police] law enforcement
officer may also take into custody and transport to any facility designated by
the director any person threatening or attempting suicide. The officer shall
make application for the examination, observation, and diagnosis of the person
in custody. The application shall state or shall be accompanied by a statement
of the circumstances under which the person was taken into custody and the
reasons therefor which shall be transmitted with the person to a physician or
psychologist at the facility.
(2) Upon written or oral application of any licensed
physician, psychologist, attorney, member of the clergy, health or social
service professional, or any state or county employee in the course of
employment, a judge may issue an ex parte order orally, but shall reduce the
order to writing by the close of the next court day following the application,
stating that there is probable cause to believe the person is mentally ill or
suffering from substance abuse, is [imminently] dangerous to self or
others, or is gravely disabled, or is obviously ill, and in need of care or
treatment, or both, giving the findings on which the conclusion is based, and
directing that a [police] law enforcement officer or other
suitable individual take the person into custody and deliver the person to the
nearest facility designated by the director for emergency examination and
treatment. The ex parte order shall be made a part of the patient's clinical
record. If the application is oral, the person making the application shall
reduce the application to writing and shall submit the same by noon of the next
court day to the judge who issued the oral ex parte order. The written
application shall be executed subject to the penalties of perjury but need not
be sworn to before a notary public.
(3) Any interested person with a clear and abiding interest in the well-being of the individual may file a written petition for emergency admission alleging that a person located in the county meets the criteria for commitment to a psychiatric facility. The petition for emergency admission shall be executed subject to the penalties of perjury but need not be sworn to before a notary public. The petition shall state with particularity any facts personally known to the petitioner that establish probable cause to believe that the person sought to be admitted on an emergency basis is dangerous to self or others, or is gravely disabled, or is obviously ill. The petition may be accompanied by any relevant information, including medical records, arrest records, or a certificate from a licensed physician or psychologist stating why the person meets the criteria for emergency admission. When a petition for emergency admission is filed, the petitioner shall appear before a judge in the county where the subject of the petition is located. The judge shall conduct an ex parte hearing to determine if there is probable cause to believe that the subject of the petition meets the criteria for involuntary admission. Upon a finding of probable cause that the subject of the petition is mentally ill or suffering from substance abuse, is dangerous to self or others, or is gravely disabled, or is obviously ill, and in need of care or treatment, or both, the judge shall issue a written order, giving the findings on which the probable cause is based and directing a law enforcement officer or other suitable individual to take the person into custody and deliver the person to the nearest facility designated by the director for emergency examination and treatment. The ex parte order shall be made a part of the patient's clinical record.
[(3)] (4) Any licensed physician,
physician assistant, or psychologist who has examined a person and has reason
to believe the person is:
(A) Mentally ill or suffering from substance abuse;
(B) [Imminently dangerous] Dangerous
to self or others, or is gravely disabled, or is obviously ill; and
(C) In need of care or treatment;
may direct transportation, by ambulance or other suitable means, to a licensed psychiatric facility for further evaluation and possible emergency hospitalization. A licensed physician or physician assistant may administer treatment as is medically necessary, for the person's safe transportation. A licensed psychologist may administer treatment as is psychologically necessary.
At any stage of the proceedings, the court may appoint a guardian ad litem for the patient pursuant to section 334-82.
(b) Emergency examination. A patient who is
delivered for emergency examination and treatment to a facility designated by
the director shall be examined by a licensed physician without unnecessary
delay, and may be given such treatment as is indicated by good medical
practice. [A psychiatrist or psychologist may further] If the
licensed physician, physician assistant, or psychologist who has directed
transportation of a person to a licensed psychiatric facility for further
evaluation and possible emergency hospitalization is not an employee or agent
of the licensed psychiatric facility, a psychiatrist or psychologist at the
licensed psychiatric facility shall independently examine the patient to
diagnose the presence or absence of a mental disorder, assess the risk that the
patient may be dangerous to self or others, or is gravely disabled, or is
obviously ill, and assess whether or not the patient needs to be
hospitalized."
2. By amending subsection (d) to read:
"(d) Emergency hospitalization. If the physician or the psychologist who performs the emergency examination has reason to believe that the patient is:
(1) Mentally ill or suffering from substance abuse;
(2) [Imminently dangerous] Dangerous to
self or others, or is gravely disabled, or is obviously ill; and
(3) In need of care or treatment, or both;
the physician or the psychologist may direct that the patient be hospitalized on an emergency basis or cause the patient to be transferred to another psychiatric facility for emergency hospitalization, or both. The patient shall have the right immediately upon admission to telephone the patient’s guardian or a family member including a reciprocal beneficiary, or an adult friend and an attorney. If the patient declines to exercise that right, the staff of the facility shall inform the adult patient of the right to waive notification to the family including a reciprocal beneficiary, and shall make reasonable efforts to ensure that the patient’s guardian or family including a reciprocal beneficiary, is notified of the emergency admission but the patient’s family including a reciprocal beneficiary, need not be notified if the patient is an adult and requests that there be no notification. The patient shall be allowed to confer with an attorney in private."
SECTION 2. Section 334-60.2, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.2 Involuntary hospitalization criteria. A person may be committed to a psychiatric facility for involuntary hospitalization, if the court finds:
(1) That the person is mentally ill or suffering from substance abuse;
(2) That the person is [imminently] dangerous
to self or others, is gravely disabled or is obviously ill; and
(3) That the person is in need of care or treatment, or both, and there is no suitable alternative available through existing facilities and programs which would be less restrictive than hospitalization."
SECTION 3. Section 334-60.5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:
"(i) If after hearing all relevant
evidence, including the result of any diagnostic examination ordered by the court,
the court finds that an individual is not a person requiring medical,
psychiatric, psychological, or other rehabilitative treatment or supervision,
the court shall order that the individual be discharged if the individual has
been hospitalized prior to the hearing. If the court finds that the criteria
for involuntary hospitalization under section 334-60.2(1) has been met beyond a
reasonable doubt and that the criteria under sections 334-60.2(2) and
334-60.2(3) have been met by clear and convincing evidence, the court may issue
an order to any [police] law enforcement officer to deliver the
subject to a facility that has agreed to admit the subject as an involuntary
patient, or if the subject is already a patient in a psychiatric facility,
authorize the facility to retain the patient for treatment for a period of
ninety days unless sooner discharged. An order of commitment shall specify
which of those persons served with notice pursuant to section 334-60.4,
together with such other persons as the court may designate, shall be entitled
to receive any subsequent notice of intent to discharge, transfer, or
recommit."
SECTION 4. Section 334-121, Hawaii Revised Statutes, is amended to read as follows:
"§334-121 Criteria for involuntary outpatient treatment. A person may be ordered to obtain involuntary outpatient treatment if the family court finds that:
(1) The person is suffering from a severe mental disorder or from substance abuse; and
(2) The person is capable of surviving safely in the community with available supervision from family, friends, or others; and
(3) The person, at some time in the past: (A) has
received inpatient hospital treatment for a severe mental disorder or substance
abuse, or (B) has been [imminently] dangerous to self or others, or is
gravely disabled, as a result of a severe mental disorder or substance abuse;
and
(4) The person, based on the person’s treatment
history and current behavior, is now in need of treatment in order to prevent a
relapse or deterioration which would predictably result in the person becoming [imminently]
dangerous to self or others; and
(5) The person’s current mental status or the nature of the person’s disorder limits or negates the person’s ability to make an informed decision to voluntarily seek or comply with recommended treatment; and
(6) There is a reasonable prospect that the outpatient treatment ordered will be beneficial to the person."
SECTION 5. Section 334-142, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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:
(1) The conduct of the respondent that indicates substance abuse or addiction;
(2) The respondent’s history of substance abuse, treatment, and relapse;
(3) The effects of the respondent’s conduct on the family;
(4) The petitioner’s good faith belief that the
respondent poses [an imminent] a danger to self or to others if
the respondent does not receive treatment;
(5) The availability of treatment and financial resources to pay for treatment; and
(6) Any other reason for seeking court intervention."
SECTION 6. Section 334-144, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The court may grant the petition if it finds clear and convincing evidence that:
(1) The respondent has a history of substance abuse and refuses to enter treatment voluntarily;
(2) The respondent has a family support system that will encourage and participate in the respondent’s treatment program;
(3) The respondent can benefit from outpatient treatment and is capable of surviving safely in the community with the family support system and if outpatient treatment is received;
(4) The respondent or the petitioner has financial resources to pay for the outpatient treatment program;
(5) The respondent poses [an imminent] a
danger to self or to others if treatment is not received; and
(6) The respondent understands the nature of the proceeding and the effect of the court order to enter into outpatient treatment."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on January 1, 2050.
Report Title:
Department of Health; Involuntary Hospitalization; Mental Health
Description:
Permits any interested person with a clear and abiding interest in the well-being of the individual to file a written petition for emergency admission. Requires an independent evaluation of a patient admitted to a licensed psychiatric facility for involuntary hospitalization in certain circumstances. Removes the word "imminently" from "imminently dangerous". Effective 1/1/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
