Bill Text: HI SB2465 | 2024 | Regular Session | Amended
Bill Title: Relating To Mental Health.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2024-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2465 Detail]
Download: Hawaii-2024-SB2465-Amended.html
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THE SENATE |
S.B. NO. |
2465 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Require the department of health to track and publicly report data relating to crisis reports, emergency mental health transports, and court-ordered treatments;
(2) Require the department of health, or a contracted service provider, to review reports about a person having severe mental illness who needs assistance; assess whether the person fulfills the criteria for assisted community treatment; and, if the person meets the criteria, coordinate the process for an assisted community treatment order;
(3) Establish that a court's denial of a petition for involuntary commitment shall serve as notification to the department of health that the person should be evaluated for assisted community treatment; and
(4) Appropriate funds to the department of health.
SECTION 2. Chapter 334, Hawaii Revised Statutes, is amended as follows:
1. By adding a new section to part I to be appropriately designated and to read:
"§334-A Data concerning persons experiencing a
mental health crisis; reports. (a) The
department shall track data on reports of persons experiencing a mental health
crisis and the response to these persons by the department, service providers
contracted by the department pursuant to section 334-B(d), or another
department or private provider coordinating with the department pursuant to
section 334-B(a).
(b) The department shall publish a
report on the department's website on the data collected pursuant to subsection
(a). The reports shall be updated at
least monthly and shall include the number of:
(1) Crisis reports, disaggregated by county, made to a department hotline, crisis line, or other means for the public to contact the department, including through department-contracted service providers, and the disposition of the reports;
(2) Persons transported for emergency
examination pursuant to section 334-59, disaggregated by type of transport,
length of time in the emergency room, disposition of the matter, and the county
in which the facility where the person was transported is located;
(3) Assisted community treatment examinations
performed prior to discharge pursuant to section 334-121.5, and the disposition
of the evaluations;
(4) Assisted community treatment
petitions filed pursuant to section 334-123, category of the petitioner,
whether the attorney general assisted with the petition, disposition of the
petition, length of time to disposition, and number of persons currently under
an assisted community treatment order;
(5) Court orders for treatment over the
patient's objection sought pursuant to section 334-161, disposition of the
orders sought, and number of patients currently under a court order for
treatment;
(6) Administrative authorization for treatment over the patient's objection
sought pursuant to section 334‑162, disposition of the authorization
sought, and number of patients currently under an administrative authorization
for treatment; and
(7) Involuntary hospitalization
petitions filed pursuant to section 334-60.3, disposition of the petitions,
length of time to disposition, and number of patients currently under an
involuntary hospitalization petition.
(c) Every licensed physician, psychiatrist, psychologist, advanced practice registered nurse with prescriptive authority who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization, hospital, psychiatric facility, or petitioner, for an order for involuntary hospitalization, authorization for treatment over the patient's objection, or assisted community treatment, shall provide the information tracked under this section to the department; provided that the persons or entities involved may coordinate among each other to provide a single report of the event to the department. The reports and information shall be submitted to the department in the manner, time, and form prescribed by the department."
2. By adding a new section to part VIII to be appropriately designated and to read:
"§334-B Department response to crisis reports. (a)
When the department receives credible information that a person having a
severe mental illness requires assistance, the department shall dispatch staff
to assist the person. The department may
coordinate the response with other departments or private providers as
necessary. This requirement shall apply
to communications received by any means by which the public may contact the
department, including through a department hotline, crisis line, or other
means, and shall apply to communications received through department-contracted
service providers.
(b) While
assisting a person pursuant to subsection (a), the department staff or
responder from another department or private provider coordinating with the
department shall assess whether the person meets the criteria for assisted
community treatment pursuant to section 334-121. If, upon assessment, the department
reasonably believes that the person meets the criteria for assisted community
treatment, the department shall coordinate:
(1) Completion of an examination pursuant to section 334‑121.5;
(2) Preparation of a certificate specified by section 334‑123; and
(3) Filing, with assistance from the department of the attorney general, a
petition for an assisted community treatment order pursuant to section 334-123;
provided that the certificate and
petition shall not be required if an assisted community treatment order is not
indicated by the examination; provided further that the examination,
certificate preparation, and filing of the petition may be completed by the
department or by another department or private provider coordinating with the
department pursuant to subsection (a), in which case the department shall not
be required to be the petitioner.
(c) Notwithstanding
subsection (b), if the department is unable to coordinate the process for an
assisted community treatment order, the department may notify another mental
health program for the coordination of care in the community for the person.
(d) The department
may contract with a service provider to fulfill the requirements of this
section."
SECTION 3. Section 334-60.5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:
"(i) If after hearing all relevant evidence, including the result of any diagnostic examination ordered by the court, the court finds that an individual is not a person requiring medical, psychiatric, psychological, or other rehabilitative treatment or supervision, the court shall order that the individual be discharged if the individual has been hospitalized prior to the hearing. Within twenty-four hours of the denial of a petition for involuntary commitment, the court shall provide notice to the department of the petition's denial, which shall serve as notification to the department that the individual should be assessed for assisted community treatment. If, upon assessment, the department reasonably believes the individual meets the criteria for assisted community treatment, the department shall coordinate the completion of an evaluation, preparation of a certificate, and filing of a petition pursuant to section 334-B(b)."
SECTION 4. Act 111, Session Laws of Hawaii 2017, is amended by amending section 8 to read as follows:
"SECTION
8. This Act shall take effect on July 1,
2017[, and]; provided that sections 3, 4, and 5 of this Act shall
be repealed on June 30, 2024; provided further that subsection (a) of
section 334E-2, Hawaii Revised Statutes, as amended by section 3 of this Act,
shall be reenacted in the form in which it read on June 30, 2017."
SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. 300, H.D. 1, S.D. 1, C.D. 1, and this Act will cause the state general fund expenditure ceiling for fiscal year 2023‑2024 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2023‑2024 in H.B. No. 300, H.D. 1, S.D. 1, C.D. 1, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,250,000 or so much thereof as may be necessary for fiscal year 2024-2025 for:
(1) Procurement of software;
(2) Preparation of the department of health's website for data collection and publication of data reports regarding responses to mental health crisis;
(3) Establishment of one full-time equivalent (1.0 FTE) coordinator position;
(4) Establishment of one full-time equivalent (1.0 FTE) data position; and
(5) Establishment of one full-time equivalent (1.0 FTE) epidemiologist position.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the development and implementation of statewide media, education, and training activities for policies related to emergency examination and hospitalization and assisted community treatment for individuals in need of mental health intervention.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 8. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on December 31, 2050.
Report Title:
DOH; Mental Health; Assisted Community Treatment; Emergency Examination and Hospitalization; Training and Education; Report; Expenditure Ceiling; Appropriations
Description:
Requires
the Department of Health to track and publicly report certain data relating to
crisis reports, emergency mental health transports, and court-ordered
treatments. Requires DOH to respond to
reports about persons having severe mental illness who are in need of
assistance, assess whether those persons fulfill criteria for assisted
community treatment, and coordinate the process for an assisted community
treatment order if indicated.
Establishes that a court's denial of a petition for involuntary
commitment shall serve as notification to DOH that the person should be
evaluated for assisted community treatment.
Makes permanent sections 334-161 and 334-162, HRS. Declares that the general fund expenditure
ceiling is exceeded. Makes appropriations. Takes effect 12/31/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
