Bill Text: HI SB3101 | 2024 | Regular Session | Introduced
Bill Title: Relating To Behavioral Health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-26 - Referred to HHS, WAM/JDC. [SB3101 Detail]
Download: Hawaii-2024-SB3101-Introduced.html
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THE SENATE |
S.B. NO. |
3101 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BEHAVIORAL HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purposes of this Act are to:
(1) Authorize the department of health to redirect persons experiencing a mental health crisis who are involved with, or at risk for involvement with, the criminal justice system, to the appropriate health care system and services, including behavioral health crisis centers; and
(2) Appropriate funds for purposes related to crisis intervention.
SECTION 2. Section 334-59, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Initiation of proceedings. An emergency admission may be initiated as follows:
(1) If
a law enforcement officer has reason to believe that a person is imminently
dangerous to self or others, the officer shall call for assistance from [the]
a mental health emergency [workers] worker designated by
the director. Upon determination by the
mental health emergency [workers] worker that the person is
imminently dangerous to self or others, the person shall be transported by
ambulance or other suitable means, to a licensed psychiatric facility or
behavioral health crisis center for further evaluation and possible
emergency hospitalization. A 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, advanced practice registered nurse, or
psychologist at the facility.
(2) 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 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 and in need of care or treatment, or
both, giving the findings upon which the conclusion is based. The order shall direct that a law enforcement
officer or other suitable individual take the person into custody and deliver
the person to a designated mental health program, if subject to an assisted
community treatment order issued pursuant to part VIII of this chapter, or to a
behavioral health crisis center or to the nearest facility designated by
the director for emergency examination and treatment, or both. 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 licensed physician, advanced practice registered nurse, 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 to self or others; and
(C) In
need of care or treatment[;],
may direct transportation, by ambulance or other suitable means, to a licensed psychiatric facility or behavioral health crisis center for further evaluation and possible emergency hospitalization. A licensed physician, an advanced practice registered nurse, 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."
2. By amending subsection (d) to read:
"(d) Emergency hospitalization. If the psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization who performs the emergency examination has reason to believe that the patient is:
(1) Mentally ill or suffering from substance abuse;
(2) Imminently dangerous to self or others; and
(3) In need of care or
treatment, or both[;],
the psychiatrist
or advanced practice registered nurse with prescriptive authority and who holds
an accredited national certification in an advanced practice registered nurse
psychiatric specialization shall direct that the patient be hospitalized on an
emergency basis, or cause the patient to be transferred to another
psychiatric facility or behavioral health crisis center 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."
3. By amending subsection (e) to read:
"(e) Release from emergency hospitalization. If at any time during the period of emergency
hospitalization the treating physician determines that the patient no longer
meets the criteria for emergency hospitalization and the examination pursuant
to section 334-121.5 has been completed, the physician shall expediently
discharge the patient. If the patient is
under criminal charges, the patient shall be returned to the custody of a law
enforcement officer. In any event, the
patient shall be released within forty-eight hours of the patient's admission
to a psychiatric facility[,] or behavioral health crisis center, unless
the patient voluntarily agrees to further hospitalization, or a proceeding for
court-ordered evaluation or hospitalization, or both, is initiated as provided
in section 334-60.3. If that time
expires on a Saturday, Sunday, or holiday, the time for initiation is extended
to the close of the next court day. Upon
initiation of the proceedings, the facility shall be authorized to detain the
patient until further order of the court."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $6,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this Act.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
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; provided that, upon its approval, section 3 shall take effect on July 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
DOH; Behavioral Health; Emergency Examination and Hospitalization; Crisis Centers; Appropriation
Description:
Authorizes the Department of Health to redirect persons experiencing a mental health crisis who are involved with, or at risk for involvement with, the criminal justice system to the appropriate health care system and services, including behavioral health crisis centers. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
