Bill Text: HI SB567 | 2019 | Regular Session | Amended
Bill Title: Related To Mental Health Treatment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-06-28 - Act 130, 06/25/2019 (Gov. Msg. No. 1232). [SB567 Detail]
Download: Hawaii-2019-SB567-Amended.html
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THE SENATE |
S.B. NO. |
567 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATED TO MENTAL HEALTH TREATMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-60.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) [For civil commitments that do not result
directly from legal proceedings under chapters 704 and 706, when] When
the administrator or attending physician of a psychiatric facility contemplates
discharge of an involuntary patient, the administrator or attending physician [may]
shall assess whether an assisted community treatment plan is indicated
pursuant to section 334-123 and, if so indicated, [may communicate with an
aftercare provider as part of discharge planning, as appropriate.] a
license psychiatrist or advanced practice registered nurse of the facility
shall prepare the certificate specified by section 334-123(b), and shall notify
the department of the attorney general, which shall assist with the petition
for assisted community treatment and the related court proceeding. The facility may notify another mental health
program for assistance with the coordination of care in the community."
SECTION 2. Act 221, Session Laws of Hawaii 2013, section 24, as amended by Act 114, Session Laws of Hawaii 2016, section 6, is amended to read as follows:
"SECTION 24. This Act shall take effect on January 1, 2014; provided that:
(1) Petitions filed pursuant to section 334-123, Hawaii Revised Statutes, for assisted community treatment involving a designated mental health program that is a state-operated provider shall not be filed until after July 1, 2015;
(2) Any private
provider wishing to file a petition pursuant to section 334-123, Hawaii Revised
Statutes, for assisted community treatment may do so after January 1, 2014, [using
its own resources,] if the petitioner is to be the designated mental health
program; [and]
(3) Any interested
party wishing to file a petition pursuant to section 334-123, Hawaii Revised
Statutes, for assisted community treatment may do so after January 1, 2014, [using
the party's own resources,] if the designated mental health program is a
private provider[.]; and
(4) The department of the attorney general shall assist with the petitions brought pursuant to section 334‑123, Hawaii Revised Statutes, and the related court proceeding, unless the private provider or other interested party declines."
SECTION 3. The department of health shall convene a mental health emergencies task force. The task force shall include one representative from the Hawaii health systems corporation, to be determined by the chief executive officer of the Hawaii health systems corporation. The task force shall:
(1) Develop
recommendations for building a comprehensive continuum of care that includes
leveraging assisted community treatment as well as civil commitment as part of
that continuum;
(2) Assess the reasons that medical facilities are not evaluating persons brought to their emergency rooms for mental health emergencies for whether the person meets the criteria for an assisted community treatment plan and for other mental health services including inpatient psychiatric care;
(3) Explore options for creating a state-funded treatment team for persons not under the care of the director of health who may be in need of an emergency examination and hospitalization or an assisted community treatment plan;
(4) Explore the feasibility of Leahi hospital and Maluhia for community-based health care;
(5) Submit a report of
its findings and recommendations, including any proposed legislation, to the
legislature no later than sixty days prior to the convening of the regular
session of 2020; and
(6) Involve representatives from private sector facilities with emergency rooms and community-based service providers.
SECTION 4. 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 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the department of the attorney general to assist with petitions for assisted community treatment and related court proceedings.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on March 15, 2094.
Report Title:
Assisted Community Plan; AG; Mental Health Petitions; DOH; Task Force
Description:
Requires the administrator or attending physician to assess whether an assisted community treatment plan is indicated and to make certain arrangements if so indicated. Requires and appropriates funds the AG to assist with the petition for assisted community treatment and related court proceeding. Requires DOH to convene a Mental Health Emergencies Task Force. (SB567 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
