THE SENATE	S.B. NO.	2813
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ORDERS FOR TREATMENT OVER OBJECTION.

 

 

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

 

     SECTION 1.  The legislature finds that the initiation of treatment for patients admitted to the department of public safety at times requires expediency to address patients' psychiatric and medical symptoms to protect the patient and others.

     The legislature notes that the current method to obtain authorization to provide treatment over a patient's objection is through a judicial hearing.  Although dependent on circumstances, the average time between the petition and judicial hearing is nearly ten days.  Other states have addressed the variability and length of time before the judicial hearing by developing a nonjudicial, administrative process to review and authorize requests for treatment despite a patient's objections.

     The purpose of this Act is to permit an administrative order to overcome a patient's objection to psychiatric and medical treatment, amend criteria for issuance of such an order, whether through a court or administrative process.

     SECTION 2.  Chapter 353, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

     "§353-    Criteria for administrative authorization process for involuntary medical treatment.  (a)  A detainee or committed person who is in the custody of the department may be ordered to receive medical treatment over the detainee's or committed person's objection through an administrative authorization process that includes the following due process safeguards:

     (1)  The department shall serve notice to the same persons, and in the same manner, as set forth in section 353-13.8(a), containing the information set forth in section 353-13.8(b)(1) and (3) to (7);

     (2)  The administrative panel shall consist of three members who have relevant clinical training and experience and are not involved with the current treatment of the detainee or committed person;

     (3)  The detainee or committed person shall have the right to attend the hearing, receive assistance from an advisor, cross examine witnesses, and present testimony, exhibits, and witnesses; and

     (4)  The detainee or committed person shall have the right to appeal the decision of the administrative panel.

     (b)  The administrative process described by this section is exempt from the contested case requirements of sections 91-8.5 to 91-15.

     (c)  The department may adopt rules, pursuant to chapter 91, to effectuate this section."

     SECTION 3.  Section 353-13.6, Hawaii Revised Statutes, is amended to read as follows:

     "§353-13.6  [Involuntary medical treatment criteria.] Criteria for issuance of court or administrative order for treatment over objection.  (a)  [An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that:

     (1)  The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others;

     (2)  Treatment with medication is medically appropriate; and

     (3)  Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee.]

A detainee or a committed person, in the custody of the department, may be ordered to receive treatment over the detainee's or committed person's objection, including the taking or application of medication, if the court, or administrative panel through the administrative authorization process established pursuant to section 353-  , finds that:

     (1)  The detainee or committed person suffers from a physical or mental disease, disorder, or defect;

     (2)  The detainee or committed person is imminently dangerous to self or others;

     (3)  The proposed treatment is medically appropriate; and

     (4)  After considering less intrusive alternatives, treatment is necessary to forestall the danger posed by the detainee or committed person.

     (b)  For the purposes of this section:

     "Dangerous to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility.

     "Dangerous to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person 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, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided.

     "Imminently dangerous to self or others" means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days."

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

     SECTION 5.  This Act, upon its approval, shall take effect on July 1, 2018.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Psychiatric Treatment; Administrative Order; Administrative Authorization Process; Department of Public Safety

 

Description:

Authorizes psychiatric and medical treatment by administrative order despite a patient's objection for pretrial detainees or committed persons in the custody of the Department of Public Safety.  Establishes criteria for issuing court or administrative order and the process to determine whether administrative order should be issued for psychiatric or medical treatment over the patient's objection.  Effective 7/1/2018.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.