Hawaii Revised Statutes 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism
PART I. GENERAL AND ADMINISTRATIVE PROVISIONS
- 334-1 Definitions.
As used in this chapter unless otherwise indicated by the context: "Administrator" means the person in charge of a public or private hospital. "Admission...
- 334-2 Mental Health System.
The department of health shall foster and coordinate a comprehensive mental health system utilizing public and private resources to reduce the incidence of mental...
- 334-2.5 Contracts for Facilities and Services.
(a) The director may contract with any person for: (1) The development or operation of private in-state psychiatric facilities; (2) The placement of patients...
- 334-3 Functions of Department in Mental Health.
(a) The department of health within the limits of available funds within the designated programs, shall promote and provide for the establishment and operation...
- 334-3.5 Employment Program for the Chronically Mentally Ill Established.
There is established within the mental health division of the department of health a community-based employment program for the chronically mentally ill to (1)...
- 334-4 Personnel for Mental Health Program.
The director shall appoint professional and nonprofessional staff as the director deems necessary to carry out the state mental health program and for which...
- 334-5 Confidentiality of Records.
All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined...
- 334-6 Fees; Payment of Expenses for Treatment Services.
(a) Pursuant to chapter 91, the director shall establish reasonable charges for treatment services and may make collections on such charges. In making the...
- 334-7 Donations or Grants to Department.
The department of health is authorized to accept donations or grants from individuals and other agencies, public and private, to further the purposes of...
- 334-8 Agreements.
In carrying out the director’s duties under this chapter: (1) The director of health may enter into agreements with the United States and with...
- 334-9 Rules.
The director of health shall adopt rules in accordance with chapter 91 to carry out this chapter. [L 1967, c 259, pt of §1;...
- 334-10 State Council on Mental Health.
(a) There is established a state council on mental health. The council shall consist of twenty-one members appointed by the governor as provided in...
- 334-11 Service Area Boards.
(a) A service area board shall be established to advise each service area administrator. Each board shall consist of nine members appointed by the...
- 334-12 Bilingual Mental Health Services.
(a) There is established in the mental health division of the department of health, a mental health unit which shall provide bilingual mental health...
- 334-13 Representative Payee Program.
(a) There is established a representative payee program within the department of health, to be administered by the director of health, to provide representative...
- 334-14 Group Homes for Substance Abusers; Source of Funds; Disposition of Receipts.
(a) All moneys to make loans for the establishment of housing in which individuals recovering from alcohol or drug abuse may reside in groups...
- 334-15 Mental Health and Substance Abuse Special Fund; Established.
(a) There is established a special fund to be known as the mental health and substance abuse special fund into which shall be deposited all...
- 334-16 Annual Report; Forensic Patient Data.
The department of health shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session...
PART II. OPERATION OF PSYCHIATRIC FACILITIES
- 334-21 Licensing of Psychiatric Facilities.
No person, association, corporation, or government agency shall establish, maintain, or operate a psychiatric facility to which persons are involuntarily admitted without first obtaining...
- 334-22 Penalty.
Any person who and any association or corporation which establishes, maintains, or operates a psychiatric facility for compensation or hire without holding a valid...
- 334-23 Money Belonging to Patients.
Whenever small amounts of cash come into the hands of the administrator of a psychiatric facility, the administrator may, without seeking the appointment of...
- 334-24 Admission; Discharge; Civil Liability.
No person shall be admitted to, detained at, or discharged from any psychiatric facility except as provided in this chapter and in chapters 571,...
PART III. STATE HOSPITAL--REPEALED
PART IV. ADMISSION TO PSYCHIATRIC FACILITY
PART V. TRANSFER, LEAVE, AND DISCHARGE
- 334-71 Transfer of Patients Between Facilities.
A patient at a psychiatric facility, including those held on court order, may be transferred to another psychiatric facility when the administrator of the...
- 334-72 Transfer of Veterans.
(a) Upon receipt of a certificate of the Veterans Administration or other agency of the United States that facilities are available for the care...
- 334-73 Repealed.
L 1976, c 130, §7.
- 334-74 Transfer of Residents of Correctional Facilities.
If any resident of a state correctional facility is in need of acute psychiatric treatment for mental illness, the director of public safety or...
- 334-75 Authorized Absence.
The administrator of a psychiatric facility or the administrator’s deputy may grant authorized absence from the facility to any patient upon such terms and...
- 334-76 [Old] Repealed.
L 1976, c 130, §9. §334-76 Discharge from custody. (a) Subject to any special requirements of law as provided in sections 704-406, 704-411, and...
PART VI. APPEAL AND REVIEW
- 334-81 Request for Hearing.
At any time after the admission of a patient to a psychiatric facility under part IV of this chapter or after the transfer of...
- 334-82 Order to Show Cause; Guardian Ad Litem.
Immediately upon receipt of a request, the court shall issue an order to show cause directed to the administrator of the facility and commanding...
- 334-83 Hearing.
The court may take testimony and may examine the patient and after a full and complete hearing shall render a decision in writing, setting...
- 334-84 Order.
If it is determined that the admission of the patient is regular and that the patient needs continued hospitalization, the court shall issue an...
- 334-85 Further Hearings.
A judicial determination under this part regarding the detention of a patient at the same psychiatric facility may not be demanded as of right...
- 334-86 Status of Patient Pending Hearing.
Unless otherwise ordered by the court, the authority of the psychiatric facility to detain a patient shall not be diminished by the institution of...
PART VII. COMMUNITY RESIDENTIAL TREATMENT SYSTEM
- 334-101 Establishment.
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1. §334-101 Establishment. It is the intent of the legislature to establish a...
- 334-102 Criteria.
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1. [§334-102] Criteria. The director shall use the following as criteria in determining...
- 334-103 Program Elements.
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1. §334-103 Program elements. The following shall be the program elements of the...
- 334-104 Least Restrictive Level of Service.
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1. [§334-104] Least restrictive level of service. The system shall be developed in...
- 334-105 Evaluation.
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1. [§334-105] Evaluation. An adequate proportion of funds shall be applied to the...
- 334-106 License or Accreditation Required.
Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1. §334-106 License or accreditation required. Facilities operated pursuant to this part shall...
PART VIII. ASSISTED COMMUNITY TREATMENT
- 334-121 Criteria for Assisted Community Treatment.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-122 Definitions.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-123 Initiation of Proceeding for Assisted Community Treatment.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-124 Hearing Date.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-125 Notice.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-126 Hearing on Petition.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-127 Disposition.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-128 Treatment Costs and Fees.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-129 Failure to Comply With Assisted Community Treatment.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-130 Period of Assisted Community Treatment.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-131 Notice of Intent to Discharge.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-132 Objection to Discharge.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-133 Petition for Additional Period [Of] Treatment; Hearing.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
- 334-134 Hearing for Discharge.
The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221,...
PART IX. CIVIL COMMITMENT FOR SUBSTANCE ABUSE
OUTPATIENT TREATMENT
- 334-141 Definitions.
As used in this part: "Family member" means any individual who is a member of the immediate family of the person who is the...
- 334-142 Petition.
Any family member may petition the family court for an order requiring a respondent to enter into an outpatient treatment program for substance abuse....
- 334-143 Notice of Hearing and Service of Petition on Respondent.
The court shall set a time and date for hearing on the petition, within ten days of the filing of the petition. The notice...
- 334-144 Hearing and Court Order.
(a) The court shall conduct a hearing to consider all facts relating to the petition. The court may postpone the hearing and order the...
- 334-145 Treatment Costs, Fees, and Costs for Petition Process.
The petitioner shall bear all fees and costs related to bringing the petition. The petitioner or respondent shall bear all costs of private treatment....
- 334-146 Discharge.
If the respondent successfully completes the outpatient treatment program and is discharged from the program prior to the end of the court-ordered treatment period,...
- 334-147 Failure to Comply With Court Order.
The court may impose sanctions for violation of the court order. [L 2004, c 44, pt of §20]
- 334-148 Application.
Notwithstanding any other law to the contrary, this part shall apply to all petitions filed by family members seeking involuntary outpatient commitment of the...
Last modified: October 27, 2016