Hawaii Revised Statutes 334-129 Failure to Comply With Assisted Community Treatment.

Note

The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221, §24.

Cross References

Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.

§334-129 Failure to comply with assisted community treatment. [Repeal and reenactment on July 1, 2020. L 2013, c 221, §24.] (a) A treating psychiatrist may prescribe or administer to the subject of the order reasonable and appropriate medication or medications, if specifically authorized by the court order, and treatment which is consistent with accepted medical standards and the family court order, including the written treatment plan submitted pursuant to section 334-126(h).

(b) No subject of the order shall be physically forced to take medication under a family court order for assisted community treatment, except in accordance with section 334-60.5, relating to admission to a psychiatric facility, subsequent to the date of the current assisted community treatment order.

(c) A subject may be transported to a designated mental health program for failure to comply with an order for assisted community treatment via the following methods:

(1) By an interested party with the consent of the subject of the order; or

(2) In accordance with section 334-59.

(d) The treating psychiatrist or psychiatrist's designee shall make all reasonable efforts to solicit the subject's compliance with the prescribed treatment. If the subject fails or refuses to comply after the efforts to solicit compliance, the treating psychiatrist shall assess whether the subject of the order meets criteria for admission to a psychiatric facility under part IV of this chapter, and proceed with the admission; provided that the refusal of treatment shall not, by itself, constitute a basis for involuntary hospitalization. [L 1984, c 251, pt of §1; am L 2013, c 221, §15]

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Last modified: October 27, 2016