Bill Text: HI HB1723 | 2014 | Regular Session | Introduced
Bill Title: Psychiatric Facilities; Notice of Intent to Discharge
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-03 - Act 156, 6/30/2014 (Gov. Msg. No. 1259). [HB1723 Detail]
Download: Hawaii-2014-HB1723-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1723 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to psychiatric facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-60.7, Hawaii Revised Statutes, is amended to read as follows:
"§334-60.7 Notice of intent to discharge. (a) When the administrator or attending physician of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2, the administrator or attending physician shall provide notice of intent to discharge, or if the patient voluntarily agrees to further hospitalization, the administrator shall provide notice of the patient's admission to voluntary inpatient treatment.
(b) This section shall only apply to civil commitments as a direct result of legal proceedings under sections 704-406 and 706-607.
(c) The notice shall be filed with the
court and served [personally or by certified] by mail on those
persons whom the order of commitment specifies as entitled to receive notice[.]
at the person's last known address.
(d) Any person specified as entitled to receive notice may waive this right in writing with the psychiatric facility.
(e) If no objection is filed within [three]
five days of [service,] mailing, the administrator or
attending physician of the psychiatric facility shall discharge or accept
the patient for voluntary inpatient treatment.
(f) If any person specified as entitled to receive notice files a written objection to the discharge or to the patient's admission to voluntary inpatient treatment on the grounds that the patient is a proper subject for commitment, the court shall conduct a hearing within seventy-two hours, and prior to the termination of the current commitment order, to determine if the patient still meets the criteria for involuntary hospitalization in section 334-60.2.
(g) If the court finds that the patient does not meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order of discharge from the commitment.
(h) If the court finds that the patient does meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order denying discharge from the commitment."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Psychiatric Facilities; Notice of Intent to Discharge
Description:
Requires the administrator or attending physician of a psychiatric facility to provide notice of intent to discharge a patient or patient's admission to voluntary treatment. Applies section 334-60.7, HRS, to only civil commitments as a direct result of legal proceedings. Requires the notice to be served by mail at the person's last known address, unless the person waives this right in writing. Requires courts to conduct hearings within seventy-two hours to determine if the patient still meets the criteria for involuntary hospitalization.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
