HOUSE OF REPRESENTATIVES

H.B. NO.

2159

THIRTY-SECOND LEGISLATURE, 2024

 

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.  Section 334-121.5, Hawaii Revised Statutes, is amended to read as follows:

     "§334-121.5  Examination for assisted community treatment indication.  A licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization associated with the licensed psychiatric facility where a person is located who was committed to involuntary hospitalization, delivered for emergency examination or emergency hospitalization, or voluntarily admitted to inpatient treatment at a psychiatric facility pursuant to part IV shall, before the person's discharge, examine the person to determine whether an assisted community treatment plan is indicated pursuant to this part.  If a plan is indicated, the psychiatrist or advanced practice registered nurse shall prepare the certificate specified by section 334-123 [and may request assistance from the department of the attorney general with the preparation and filing of a petition brought pursuant to section 334-123].  The department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to this section and with the presentation of the case at any related court proceedings; provided that, if the petitioner is a private provider or other private individual, the petitioner may decline the assistance.  The psychiatric facility may notify another mental health program for assistance with the coordination of care in the community for the person.  Nothing in this section shall delay the appropriate discharge of a person from the psychiatric facility after the examination for assisted community treatment indication has been completed."

     SECTION 2.  Section 334-123, Hawaii Revised Statutes, is amended to read as follows:

     "§334-123  Initiation of proceeding for assisted community treatment.  (a)  Any interested party may file a petition with the family court alleging that another person meets the criteria for assisted community treatment.  The petition shall state:

     (1)  Each of the criteria under section 334-121 for assisted community treatment;

     (2)  Petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334‑121;

     (3)  Facts that support the petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334-121; and

     (4)  That the subject of the petition is present within the county where the petition is filed.

     The hearing on the petition need not be limited to the facts stated in the petition.  The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.

     (b)  The department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to this section and with the presentation of the case at any related court proceedings; provided that, if the petitioner is a private provider or other private individual, the petitioner may decline the assistance.

     [(b)] (c)  The petition may be accompanied by a certificate of a licensed 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 has examined the subject of the petition within twenty calendar days prior to the filing of the petition.  For purposes of the petition, an examination shall be considered valid so long as the licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization has obtained enough information from the subject of the petition to reach a diagnosis of the subject of the petition, and to express a professional opinion concerning the same, even if the subject of the petition is not fully cooperative.  If the petitioner believes that further evaluation is necessary before treatment, the petitioner may request further evaluation.

     [(c)] (d)  The petition shall include the name, address, and telephone number of at least one of the following persons in the following order of priority:  the subject of the petition's spouse or reciprocal beneficiary, legal parents, adult children, and legal guardian, if one has been appointed.  If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult children, or legal guardian, or if none can be found, the petition shall include the name, address, and telephone number of at least one of the subject's closest adult relatives, if any can be found."

     SECTION 3.  Section 334-133, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Before the expiration of the period of assisted community treatment ordered by the family court, any interested party may file[, or may request the department of the attorney general to file,] a petition with the family court for an order of continued assisted community treatment.  The department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to this section and with the presentation of the case at any related court proceedings; provided that, if the petitioner is a private provider or other private individual, the petitioner may decline the assistance.  The petition shall be filed, and unless the court determines the existence of a guardian, a guardian ad litem appointed, and notice provided in the same manner as under sections 334-123 and 334-125."

     SECTION 4.  Act 221, Session Laws of Hawaii 2013, as amended by Act 114, Session Laws of Hawaii 2016, is amended by amending section 24 to read as follows:

     "SECTION 24. This Act shall take effect on January 1, 2014; provided that:

     (1)  Petitions filed pursuant to section 334-123, Hawaii Revised Statutes, for assisted community treatment involving a designated mental health program that is a state-operated provider shall not be filed until after July 1, 2015;

     (2)  Any private provider wishing to file a petition pursuant to section 334-123, Hawaii Revised Statutes, for assisted community treatment may do so after January 1, 2014, [using its own resources,] if the petitioner is to be the designated mental health program; [and]

     (3)  Any interested party wishing to file a petition pursuant to section 334-123, Hawaii Revised Statutes, for assisted community treatment may do so after January 1, 2014, [using the party's own resources,] if the designated mental health program is a private provider[.]; and

     (4)  After July 1, 2024, the department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to sections 334-123, 334-121.5, and 334-133, Hawaii Revised Statutes, and with the presentation of the case at any related court proceedings; provided further that if the petitioner is a private provider or other private individual, the petitioner may decline the assistance."

     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:

AG; Mental Health; Assisted Community Treatment

 

Description:

Requires the Department of the Attorney General to assist with the preparation and filing of petitions for assisted community treatment and with the presentation of the case, unless declined by the petitioner.

 

 

 

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