CHAPTER 334
MENTAL HEALTH, MENTAL ILLNESS, DRUG ADDICTION,
AND ALCOHOLISM
Part I. General and Administrative Provisions
Section
334-1 Definitions
334-2 Mental health system
334-2.5 Contracts for facilities and services
334-2.7 Development or expansion of a forensic facility of
the department of health
334-3 Functions of department in mental health
334-3.5 Employment program for the chronically mentally
ill established
334-4 Personnel for mental health program
334-5 Confidentiality of records
334-6 Fees; payment of expenses for treatment services
334-7 Donations or grants to department
334-8 Agreements
334-9 Rules
334-10 State council on mental health
334-11 Service area boards
334-12 Bilingual mental health services
334-13 Representative payee program
334-14 Group homes for substance abusers; source of funds;
disposition of receipts
334-15 Mental health and substance abuse special fund;
established
334-16 Annual report; forensic patient data
Part II. Operation of Psychiatric Facilities
334-21 Licensing of psychiatric facilities
334-22 Penalty
334-23 Money belonging to patients
334-24 Admission; discharge; civil liability
Part III. State Hospital--Repealed
334-31 to 38 Repealed
Part IV. Admission to Psychiatric Facility
334-51 to 58 Repealed
334-59 Emergency examination and hospitalization
334-59.5 Notice of admissions, examinations, and
hospitalizations
334-60 Repealed
334-60.1 Voluntary admission for nonemergency treatment
or supervision
334-60.2 Involuntary hospitalization criteria
334-60.3 Initiation of proceeding for involuntary
hospitalization
334-60.4 Notice; waiver of notice; hearing on petition;
waiver of hearing on petition for involuntary
hospitalization
334-60.5 Hearing on petition
334-60.6 Period of detention
334-60.7 Notice of intent to discharge
334-61 Presumption; civil rights
334-62 Service of process and papers upon patients
Part V. Transfer, Leave, and Discharge
334-71 Transfer of patients between facilities
334-72 Transfer of veterans
334-73 Repealed
334-74 Transfer of residents of correctional facilities
334-75 Authorized absence
334-76 Discharge from custody
Part VI. Appeal and Review
334-81 Request for hearing
334-82 Order to show cause; guardian ad litem
334-83 Hearing
334-84 Order
334-85 Further hearings
334-86 Status of patient pending hearing
Part VII. Community Residential Treatment System
334-101 Establishment
334-102 Criteria
334-103 Program elements
334-104 Least restrictive level of service
334-105 Evaluation
334-106 License or accreditation required
Part VIII. Assisted Community Treatment
334-121 Criteria for assisted community treatment
334-121.5 Examination for assisted community treatment
indication
334-122 Definitions
334-123 Initiation of proceeding for assisted community
treatment
334-123.5 Appointment of a guardian ad litem
334-124 Hearing date
334-125 Notice
334-126 Hearing on petition
334-127 Disposition
334-128 Treatment costs and fees
334-129 Failure to comply with assisted community
treatment
334-130 Period of assisted community treatment
334-131 Notice of intent to discharge
334-132 Objection to discharge
334-133 Petition for additional period of treatment; hearing
334-134 Hearing for discharge
Part IX. Civil Commitment for Substance Abuse
Outpatient Treatment
334-141 Definitions
334-142 Petition
334-143 Notice of hearing and service of petition on
respondent
334-144 Hearing and court order
334-145 Treatment costs, fees, and costs for petition
process
334-146 Discharge
334-147 Failure to comply with court order
334-148 Application
Part X. Administration of Treatment Over the
Patient's Objection
334-161 Criteria for issuance of court or administrative
order for treatment over the patient's objection
334-162 Criteria for administrative authorization process
Cross References
Drug dealer liability, see chapter 663E.
Drug demand reduction assessments, special fund; see §706-650.
Inspections of state-licensed care facilities; public notice, see §321-1.8.
Insurance benefits, see chapter 431M.
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(7).
Attorney General Opinions
Regarding the meaning and functioning of this chapter and the assisted community treatment provisions under part VIII: (1) to be deemed "imminently dangerous to self or others", the individual does not need to be currently dangerous to self or others; (2) determinations surrounding whether a person is "dangerous to self" or "imminently dangerous to self or others" are mixed questions of fact and law; (3) if an individual is not "imminently dangerous to self or others", the individual may be placed under an assisted community treatment order, if appropriate; and (4) an individual may be forcibly medicated under an assisted community treatment order if the individual is within an emergency department or admitted to a hospital, it is determined there that the individual is "imminently dangerous to self or others", and the administration of medication pursuant to the assisted community treatment order is indicated by good medical practice. Att. Gen. Op. 23-01.
Law Journals and Reviews
Comments and Questions About Mental Health Law in Hawaii. 13 HBJ, no. 4, at 3 (1978).