Bill Text: HI HB2450 | 2024 | Regular Session | Introduced
Bill Title: Relating To Crisis Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-26 - Referred to HLT/HUS, JHA, FIN, referral sheet 3 [HB2450 Detail]
Download: Hawaii-2024-HB2450-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2450 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRISIS SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purposes of this Act are to:
(1) Establish a crisis intervention and diversion services program within the department of health to expand existing crisis intervention and diversion services to divert persons in crisis from the criminal justice system to the health care system; and
(2) Appropriate funds to support crisis intervention efforts and diversion services.
SECTION 2. Chapter 334, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART .
CRISIS SERVICES
§334- Crisis intervention and diversion services program. (a) There is established within the department a crisis intervention and diversion services program to redirect persons experiencing mental illness who are at risk for involvement with the criminal justice system, or in the criminal justice system, to the appropriate healthcare system and services. The department shall collaborate with law enforcement, courts, mental health providers, and the community for the execution and implementation of these services.
(b) The department may lease or acquire a facility to operate a behavioral health crisis center to treat and refer patients from the criminal justice system to appropriate services and providers."
SECTION 3. Section 334-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Mental
health emergency worker" means a person designated by the department to
provide crisis intervention and emergency stabilization services and to assist
in determining whether a mentally ill person is likely to meet the criteria for
emergency admission and examination."
SECTION 4. Section 334-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The department shall specifically:
(1) Perform statewide assessments of the need for prevention, treatment, and rehabilitation services in the areas of mental or emotional disorders and substance abuse;
(2) Adopt rules pursuant to chapter 91 for establishing the number and boundaries of the geographical service areas for the delivery of services in the areas of mental or emotional disorders and substance abuse. The department shall periodically review the effectiveness of the geographical service areas in promoting accessibility and continuity of appropriate care to all residents of that geographical area;
(3) Appoint a service area administrator in each county who shall be responsible for the development, delivery, and coordination of services in that area;
(4) Ensure statewide and community-based planning for the ongoing development and coordination of the service delivery system as guided by needs assessment data and performance related information;
(5) Establish standards and rules for psychiatric facilities and their licensing, where applicable;
(6) Establish standards and rules for services in the areas of mental health and substance abuse treatment, including assurances of the provision of minimum levels of accessible service to persons of all ages, ethnic groups, and geographical areas in the State;
(7) Ensure community involvement in determining the service delivery arrangements appropriate to each community of the State;
(8) Cooperate with public and private health, education, and human service groups, agencies, and institutions in establishing a coordinated system to meet the needs of persons with mental or emotional disorders and substance abuse difficulties;
(9) Evaluate and monitor all services in the fields of mental health and substance abuse where such services are supported fully or in part by state resources;
(10) Promote and conduct research, demonstration projects, and studies concerned with the nature, prevention, intervention, and consequences of mental or emotional disorders and substance abuse;
(11) Keep records, statistical data, and other information as may be necessary in carrying out the functions of the mental health system and this chapter;
(12) Advocate patients' rights in all psychiatric facilities in the State and investigate any grievances submitted to the department by any patient in a psychiatric facility, except as provided in section 334E-2(d). The department shall establish rules and procedures for the purpose of this paragraph within one year after January 1, 1985, and post the rules in a conspicuous manner and accessible place;
(13) Promote and conduct a systematic program of accountability for all services provided, funds expended, and activities carried out under its direction or support in accordance with sound business, management, and scientific principles;
(14) Coordinate mental health resources in each county of the State by the development and presentation of a comprehensive integrated service area plan developed by the service area administrator in conjunction with the service area board. The service area administrator and the service area board, in collaboration with private and public agencies serving their population, shall submit recommendations for the statewide comprehensive integrated service plan, including needs assessment, program planning, resource development, priorities for funding, monitoring, and accountability activities;
(15) Oversee and coordinate service area
programs and provide necessary administrative and technical assistance to
assist service area programs in meeting their program objectives; [and]
(16) Provide staffing to the state council
and service area boards to assist in the performance of their functions[.];
and
(17) Establish standards and rules for the
designation of mental health emergency workers."
SECTION 5. Section 334-59, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Initiation of proceedings. An emergency admission may be initiated as follows:
(1) If
a law enforcement officer has reason to believe that a person is imminently
dangerous to self or others, the officer shall call for assistance from [the]
a mental health emergency [workers] worker designated by
the director. Upon determination by the
mental health emergency [workers] worker that the person is
imminently dangerous to self or others, the person shall be transported by
ambulance or other suitable means[,] to a licensed psychiatric facility or
other facility designated by the director for further evaluation and
possible emergency hospitalization. A
law enforcement officer may also take into custody and transport to any
facility designated by the director any person threatening or attempting
suicide. The officer shall make
application for the examination, observation, and diagnosis of the person in
custody. The application shall state or
shall be accompanied by a statement of the circumstances under which the person
was taken into custody and the reasons therefor, which shall be
transmitted with the person to a physician, advanced practice registered nurse,
or psychologist at the facility.
(2) Upon written or oral application of any licensed physician, advanced practice registered nurse, psychologist, attorney, member of the clergy, health or social service professional, or any state or county employee in the course of employment, a judge may issue an ex parte order orally, but shall reduce the order to writing by the close of the next court day following the application, stating that there is probable cause to believe the person is mentally ill or suffering from substance abuse, is imminently dangerous to self or others and in need of care or treatment, or both, giving the findings upon which the conclusion is based. The order shall direct that a law enforcement officer or other suitable individual take the person into custody and deliver the person to a designated mental health program, if subject to an assisted community treatment order issued pursuant to part VIII of this chapter, or to the nearest facility designated by the director for emergency examination and treatment, or both. The ex parte order shall be made a part of the patient's clinical record. If the application is oral, the person making the application shall reduce the application to writing and shall submit the same by noon of the next court day to the judge who issued the oral ex parte order. The written application shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.
(3) Any licensed physician, advanced practice registered nurse, physician assistant, or psychologist who has examined a person and has reason to believe the person is:
(A) Mentally ill or suffering from substance abuse;
(B) Imminently dangerous to self or others; and
(C) In need of care or treatment;
may direct transportation, by
ambulance or other suitable means, to a licensed psychiatric facility for
further evaluation and possible emergency hospitalization. A licensed physician, an advanced practice
registered nurse, or physician assistant may administer treatment as is
medically necessary, for the person's safe transportation. A licensed psychologist may administer
treatment as is psychologically necessary."
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $6,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of a crisis intervention and diversion services program.
The
sum appropriated shall be expended
by the department of health for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act, upon its approval, shall take effect on July 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
DOH; Crisis Intervention and Diversion Services Program; Mental Health Emergency Workers.
Description:
Establishes a crisis intervention and diversion services program within the Department of Health to expand existing services to divert those with mental health issues to appropriate health care services. Defines "mental health emergency worker". Appropriates funds for the crisis intervention and diversion program. Effective 7/1/2024.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
