HOUSE OF REPRESENTATIVES

H.B. NO.

421

THIRTY-SECOND LEGISLATURE, 2023

 

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 more effectively protect mentally ill individuals and the public by:

     (1)  Amending the definition of "dangerous to self" to mean the person:

          (A)  Recently has threatened or attempted suicide or serious bodily harm; or

          (B)  Is gravely disabled;

     (2)  Defining the terms "gravely disabled" and "psychiatric deterioration";

     (3)  Broadening the term of "imminently dangerous to self and others" to persons who will likely be dangerous within the next ninety days, rather than within the next forty-five days; and

     (4)  Increasing the maximum period of emergency hospitalization from forty-eight hours to seventy-two hours.

     SECTION 2.  Section 334-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding two new definitions to be appropriately inserted and to read:

     ""Gravely disabled" means a condition in which a person is unable, without supervision and the assistance of others, to prevent physical or psychiatric deterioration or to satisfy the need for nourishment, essential medical care including treatment for a mental illness, 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.

     "Psychiatric deterioration" means a substantial impairment or an obvious decline of an individual's judgment, reasoning, or ability to control behavior."

     2.  By amending the definition of "dangerous to self" to read:

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

     (1)  [Threatened] Recently has threatened or attempted suicide or serious bodily harm; or

     (2)  [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, including treatment for a mental illness, 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.] Is gravely disabled."

     3.  By amending the definition of "imminently dangerous to self or others" to read:

     ""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] ninety days."

     SECTION 3.  Section 334-59, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

     "(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 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 patient's guardian, family[, including a] member, or reciprocal beneficiary, and shall make reasonable efforts to ensure that the patient's guardian [or], family[, including a] member, or reciprocal beneficiary[,] is notified of the emergency admission [but]; provided that the patient's family[, including a] member, or 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.

     (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] seventy-two hours of the patient's admission to a psychiatric facility, 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 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Mental Illness; Emergency Hospitalization; Criteria

 

Description:

Amends the definition of "dangerous to self" as used in State law governing mental health, mental illness, drug addiction, and alcoholism.  Defines the terms "gravely disabled" and "psychiatric deterioration".  Broadens the term of "imminently dangerous to self and others" to persons who will likely be dangerous to self or to others within the next ninety days, rather than within the next forty-five days.  Increases the maximum period of emergency hospitalization from forty-eight hours to seventy-two hours.

 

 

 

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