HOUSE OF REPRESENTATIVES	H.B. NO.	597
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to health.

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

SECTION 1. The legislature finds that if an individual suffers from a physical or mental disease, disorder, or defect and is imminently dangerous to self or others, that individual may be treated over their objections if the individual has been committed to a psychiatric facility for involuntary hospitalization or is in the custody of the director of health. However, an individual with the exact same physical or mental disease, disorder, or defect but who has not been committed to a psychiatric facility for involuntary hospitalization or is not in the custody of the director of health cannot be treated over their objections even if they are imminently dangerous to self or others. In these types of cases, individuals may not receive the help they desperately need and may end up harming others in their families and communities or may ultimately harm themselves. As such, the legislature finds that it is in the best interest of the safety and well-being of these individuals, their families, and their communities, that they receive treatment for the disease, disorder, or defect in spite of their objections, provided certain requirements are met, regardless of whether they have been committed to a psychiatric facility for involuntary hospitalization or are in the custody of the director of health.

The purpose of this Act is to authorize psychiatrists and advanced practice registered nurses to file a petition to initiate the administrative authorization process in cases where the patient objects to treatment and is not in the custody of the director or involuntarily committed to a psychiatric facility, subject to certain requirements.

SECTION 2. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§334-    Administrative authorization; petition. A psychiatrist or advanced practice registered nurse who holds prescriptive authority and who has an accredited national certification in an advanced practice registered nurse psychiatric specialization, who has examined and evaluated a person and concluded that the person meets the criteria for issuance of a court or administrative order for treatment over the patient's objection pursuant to section 334-161, may file a petition with the director to initiate the administrative authorization process pursuant to section 334-162; provided that for petitions brought under this section, the director shall give notice of the authorization process required pursuant to section 334-162(a)(1)."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

Substance Abuse Disorders; Mental Health; Administrative Authorization; Petition

Description:

Authorizes psychiatrists and advanced practice registered nurses to file a petition to initiate the administrative authorization process in cases where the patient objects to treatment and is not in the custody of the director or involuntarily committed to a psychiatric facility.

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