Bill Text: HI HB1661 | 2020 | Regular Session | Amended
Bill Title: Relating To Health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2020-07-10 - Transmitted to Governor. [HB1661 Detail]
Download: Hawaii-2020-HB1661-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1661 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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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 Hawaii's current standard for involuntary
hospitalization does not adequately prevent harm, either to persons suffering
from mental illness or substance abuse, or to members of the public. The legislature recognizes that a portion of
the mentally ill population, including the chronically homeless, is being
deprived of urgent, medically appropriate mental health intervention that is
best administered on an inpatient basis.
The
legislature further finds that although mentally ill individuals have a right
to refuse medication or mental health treatment to some degree, steps must be
taken to ensure that these individuals take medication and undergo treatment
that is necessary to help prevent them from causing danger to themselves or to others.
The purpose of this Act is to strengthen public health and safety by amending the definitions of "dangerous to others" and "dangerous to self" in chapter 334, Hawaii Revised Statutes, to include the refusal to take psychiatric medication or undergo mental health treatment such that self-inflicted violence and violence to others is probable. This Act will allow law enforcement and hospital workers to intervene and temporarily take individuals into custody when certain medication is not taken or necessary mental health treatment is not used.
SECTION
2. Section 334-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "dangerous
to others" to read:
""Dangerous
to others" means a person who:
(1) Is likely to do substantial physical or
emotional injury on another, as evidenced by a recent act, attempt, or
threat[.]; or
(2) Refuses to take psychiatric medication or
participate in mental health treatment and that without such medication or
treatment makes the person probable to cause, attempt to cause, or threaten
substantial physical or emotional injury on another."
2.
By amending the definition of "dangerous to self" to read:
""Dangerous
to self" means the person recently has:
(1) 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[.];
or
(3) Refused to take psychiatric medication or
participate in mental health treatment and that without such medication or
treatment makes the person probable to threaten or attempt suicide or serious
bodily harm."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Mental Health; Mental Illness; Involuntary Hospitalization
Description:
Amends the definitions of "dangerous to others" and "dangerous to self" to include the refusal to take psychiatric medication or undergo mental health treatment such that self-inflicted violence or violence to others is probable. Takes effect 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
