SB 323: RELATING TO MENTAL HEALTH.

A BILL FOR AN ACT

relating to mental health.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§334-     Voluntary treatment for persons intoxicated by alcohol, under the influence of drugs, or incapacitated by substances.  (a)  A person intoxicated by alcohol, under the influence of drugs, or incapacitated by substances, including a minor, may voluntarily admit themself to a psychiatric facility or a behavioral health crisis center for an emergency evaluation to determine need for treatment.

     (b)  The administrator of a psychiatric facility or a behavioral health crisis center that a person voluntarily enters shall immediately evaluate or examine that person.  If the person is found to be in need of treatment, the administrator shall admit the person or refer the person to another appropriate facility.  If a person is found not to be in need of treatment, the administrator shall release the person and may refer the person to another appropriate facility.

     (c)  Except as provided in subsection (g), a psychiatric facility or a behavioral health crisis center shall immediately release a voluntarily admitted person upon the person's request.

     (d)  A person who is not admitted to a psychiatric facility or a behavioral health crisis center or referred to another health facility, and who is unable to pay for services, may be taken to the person's home or permanent place of residence, if any.  If the person has no home or permanent place of residence, the psychiatric facility or behavioral health crisis center may assist the person in obtaining shelter.

     (e)  If a person is admitted to a psychiatric facility or a behavioral health crisis center, the person's family or next of kin shall be notified as promptly as possible in accordance with federal confidentiality regulations for substance use disorder patient records, pursuant to title 42 Code of Federal Regulations part 2, as amended.  If an adult person requests that there be no notification, the adult person's request shall be respected.

     (f)  If the administrator of a psychiatric facility or a behavioral health crisis center determines that a person admitted there will benefit from further diagnosis and appropriate voluntary treatment, the person shall be encouraged to agree to that diagnosis and treatment.

     (g)  Nothing in this section precludes the administrator of a psychiatric facility or a behavioral health crisis center from seeking emergency hospitalization of a person pursuant to section 334-59, or involuntary commitment of a person pursuant to sections 334-60.2 to 334-62, regardless of whether the person has been voluntarily admitted under this section.  In this case, the administrator's further conduct shall be governed by section 334-59 or sections 334-60.2 to 334-62, as applicable."

     SECTION 2.  Section 334-1, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

     ""Incapacitated by alcohol" means that a person, as a result of the use of alcohol, is unconscious or so impaired that the person is incapable of making rational decisions with respect to their need for treatment, is unable to provide for their basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions.

     "Incapacitated by drugs" means that a person, as a result of the use of drugs, is unconscious or so impaired that the person is incapable of making rational decisions with respect to their need for treatment, is unable to provide for their basic personal needs or safety, or lacks sufficient understanding or capacity to make or communicate rational decisions.

     "Incapacitated by substances" means that a person is incapacitated by alcohol or incapacitated by drugs.

     "Person under the influence of drugs" means any person whose mental or physical functioning is temporarily but substantially impaired as a result of the presence of drugs in the person's body."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DOH; Mental Health; Intoxication; Incapacity; Voluntary Treatment

Description:

Authorizes a person intoxicated by alcohol, under the influence of drugs, or incapacitated by substances, including a minor, to voluntarily admit themself to a psychiatric facility or a behavioral health crisis center for an emergency evaluation to determine need for treatment.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.