HOUSE OF REPRESENTATIVES	H.B. NO.	2680
THIRTIETH LEGISLATURE, 2020		H.D. 1
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.  The purpose of this Act is to more effectively protect mentally ill individuals and the public by:

     (1)  Broadening the term of "imminently dangerous to self and others" to persons who will likely be dangerous within the next ninety days, rather than within the next forty-five days; and

     (2)  Increasing the maximum period of emergency hospitalization from forty-eight hours to seventy-two hours.

     SECTION 2.  Section 334-1, Hawaii Revised Statutes, is amended by amending the definition of "imminently dangerous to self or others" to read as follows:

     ""Imminently dangerous to self or others" means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next [forty-five] ninety days."

     SECTION 3.  Section 334-59, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

     "(d)  Emergency hospitalization.  If the physician, advanced practice registered nurse, or psychologist who performs the emergency examination has reason to believe that the patient is:

     (1)  Mentally ill or suffering from substance abuse;

     (2)  Imminently dangerous to self or others; and

     (3)  In need of care or treatment, or both;

the physician, advanced practice registered nurse, or psychologist may direct that the patient be hospitalized on an emergency basis or cause the patient to be transferred to another psychiatric facility for emergency hospitalization, or both.  The patient shall have the right, immediately upon admission, to telephone the patient's guardian [or], a family member [including], a reciprocal beneficiary, or an adult friend, and an attorney.  If the patient declines to exercise that right, the staff of the facility shall inform the adult patient of the right to waive notification to the guardian, family [including a] member, or reciprocal beneficiary, and shall make reasonable efforts to ensure that the patient's guardian [or], family [including a], or reciprocal beneficiary[, is] are notified of the emergency admission, but the patient's family [including a] or reciprocal beneficiary[,] need not be notified if the patient is an adult and requests that there be no notification.  The patient shall be allowed to confer with an attorney in private.

     (e)  Release from emergency hospitalization.  If at any time during the period of emergency hospitalization the responsible physician concludes that the patient no longer meets the criteria for emergency hospitalization the physician shall discharge the patient.  If the patient is under criminal charges, the patient shall be returned to the custody of a law enforcement officer.  In any event, the patient must be released within [forty-eight] seventy-two hours of the patient's admission, unless the patient voluntarily agrees to further hospitalization, or a proceeding for court-ordered evaluation or hospitalization, or both, is initiated as provided in section 334-60.3.  If that time expires on a Saturday, Sunday, or holiday, the time for initiation is extended to the close of the next court day.  Upon initiation of the proceedings the facility shall be authorized to detain the patient until further order of the court."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on December 31, 2059.

 

Report Title:

Mental Illness; Emergency Hospitalization; Criteria

 

Description:

Broadens the term of "imminently dangerous to self and others" to persons who will likely be dangerous within the next ninety days, rather than within the next forty-five days.  Increases the maximum period of emergency hospitalization from forty-eight hours to seventy-two hours.  Effective 12/31/2059.  (HD1)

 

 

 

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