reglab/housing_qa huggingface dataset:
HI Rev Stat § 334-131 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-131 Notice of intent to discharge.

  §334-131 Notice of intent to discharge. (a) When the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization contemplates discharge for a subject of the order because of expiration of the court order or because the subject of the order is no longer a proper subject for assisted community treatment, as determined by the criteria in section 334-121, the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization shall provide notice of intent to discharge.  (b) The notice shall be filed with the family court which issued the order for assisted community treatment, and served by personal service or by certified mail on those persons whom the order for assisted community treatment specifies as entitled to receive notice.  (c) The notice of intent to discharge shall be mailed at least ten days prior to the intended date of discharge.  (d) If no objection is filed under section 334-132 prior to the intended date of discharge, the subject of the order is thereupon fully discharged from assisted community treatment. [L 1984, c 251, pt of §1; am L 2013, c 221, § §17, 24; am L 2016, c 114, §6; am L 2017, c 88, §8]
HI Rev Stat § 334-132 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-132 Objection to discharge.

  §334-132 Objection to discharge. (a) If any person specified as entitled to receive notice files a written objection with the family court on the grounds that the subject of the order is a proper subject for assisted community treatment, the family court shall conduct a hearing to determine if the subject of the order still meets the criteria for assisted community treatment in section 334-121. The hearing shall be conducted as provided under section 334-134.  (b) If the family court finds that the subject of the order continues to meet the criteria for assisted community treatment in section 334-121, the family court shall order the subject to continue the treatment for the unexpired period of its earlier order.  (c) If the family court finds that the subject of the order does not meet the criteria for assisted community treatment in section 334-121, the court shall dismiss the objection and order the early discharge of the subject. [L 1984, c 251, pt of §1; am L 2013, c 221, § §18, 24; am L 2016, c 114, §6]
HI Rev Stat § 334-133 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-133 Petition for additional period of treatment; hearing.

  §334-133 Petition for additional period of treatment; hearing. (a) Before the expiration of the period of assisted community treatment ordered by the family court, any interested party may file a petition with the family court for an order of continued assisted community treatment. The petition shall be filed, and unless the court determines the existence of a guardian, a guardian ad litem appointed, and notice provided in the same manner as under sections 334-123 and 334-125.  (b) The family court shall appoint a guardian ad litem, unless there is an existing guardian, hold a hearing on the petition, and make its decision in the same manner as provided under sections 334-123 to 334-127. The family court may order the continued assisted community treatment for no more than one year after the date of the hearing pursuant to this section if the court finds that the criteria for assisted community treatment continue to exist and are likely to continue beyond one hundred eighty days.  (c) Nothing in this section shall preclude the subject's stipulation to the continuance of an existing court order. This section shall be in addition to the provisions on the objection to discharge. [L 1984, c 251, pt of §1; am L 2013, c 221, § §19, 24; am L 2016, c 114, §6; am L 2021, c 58, §7]
HI Rev Stat § 334-134 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-134 Hearing for discharge.

  §334-134 Hearing for discharge. Any person may petition the family court for the discharge of an order of assisted community treatment during the period of assisted community treatment after sixty days from the most recent hearing involving the subject of the order. The petition shall be filed, and unless the court determines the existence of a guardian, guardian ad litem appointed, notice given, hearing held, and order made in the same manner as provided for the original petition alleging that the subject of the order met the criteria for assisted community treatment. [L 1984, c 251, pt of §1; am L 2013, c 221, § §20, 24; am L 2016, c 114, §6; am L 2021, c 58, §8]
HI Rev Stat § 334-141 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-141 Definitions.

  §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 subject of the petition, including spouse, child, parent, grandparent, or any related individual who resides in the same household as the individual who is the subject of the petition.  "Outpatient treatment" includes any substance abuse treatment provided through individual or group therapy, day or partial day programs, and intensive day treatment and which does not require the individual to reside on a twenty-four-hour basis in the facility for more than three days to benefit from the treatment program.  "Petitioner" means the family member who applies to the court for an order to require an individual to enter into an outpatient treatment program.  "Respondent" means the individual who is eighteen years of age or older who is the subject of the petition for a court order to require the individual to enter into an outpatient treatment program. [L 2004, c 44, pt of §20]
HI Rev Stat § 334-142 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-142 Petition.

 §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. The petition shall be in writing under penalty of perjury and include facts relating to:  (1) The conduct of the respondent that indicates substance abuse or addiction;  (2) The respondent €™s history of substance abuse, treatment, and relapse;  (3) The effects of the respondent €™s conduct on the family;  (4) The petitioner €™s good faith belief that the respondent poses an imminent danger to self or to others if the respondent does not receive treatment;  (5) The availability of treatment and financial resources to pay for treatment; and  (6) Any other reason for seeking court intervention. [L 2004, c 44, pt of §20]
HI Rev Stat § 334-143 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-143 Notice of hearing and service of petition on respondent.

  §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 of hearing and petition shall be served on the respondent. [L 2004, c 44, pt of §20]
HI Rev Stat § 334-144 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-144 Hearing and court order.

  §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 respondent to be assessed for substance abuse or addiction by a certified substance abuse counselor, at the petitioner €™s expense.  (b) The court may grant the petition if it finds clear and convincing evidence that:  (1) The respondent has a history of substance abuse and refuses to enter treatment voluntarily;  (2) The respondent has a family support system that will encourage and participate in the respondent €™s treatment program;  (3) The respondent can benefit from outpatient treatment and is capable of surviving safely in the community with the family support system and if outpatient treatment is received;  (4) The respondent or the petitioner has financial resources to pay for the outpatient treatment program;  (5) The respondent poses an imminent danger to self or to others if treatment is not received; and  (6) The respondent understands the nature of the proceeding and the effect of the court order to enter into outpatient treatment.  (c) The court order shall be limited to ninety days of outpatient treatment. Upon renewal of the petition, the court may extend the petition for an additional ninety days. [L 2004, c 44, pt of §20]
HI Rev Stat § 334-145 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-145 Treatment costs, fees, and costs for petition process.

 §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. Nothing in this part authorizes publicly funded substance abuse treatment. However, if the respondent is eligible to receive publicly funded treatment and such a program is available for the respondent, the court may order the treatment in such a program. [L 2004, c 44, pt of §20]
HI Rev Stat § 334-146 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-146 Discharge.

 §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, the court order shall automatically lapse. [L 2004, c 44, pt of §20]
HI Rev Stat § 334-147 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-147 Failure to comply with court order.

 §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]
HI Rev Stat § 334-148 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-148 Application.

 §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 respondent with substance abuse as the primary diagnosis. [L 2004, c 44, pt of §20]
HI Rev Stat § 334-161 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-161 Criteria for issuance of court or administrative order for treatment over the patient's objection.

Note Part repealed June 30, 2024. L 2017, c 111, §8. Annual report to 2018-2024 legislature on progress in implementing the administrative process. L 2017, c 111, §5.  Departments of health and public safety to develop procedures to obtain administrative orders to overcome objections of patients subject to jurisdiction of department of public safety (repealed June 30, 2024). L 2017, c 111, §4.   §334-161 Criteria for issuance of court or administrative order for treatment over the patient's objection. [See Note at part heading.] (a) A patient who has been committed to a psychiatric facility for involuntary hospitalization or who is in the custody of the director and residing in a psychiatric facility may be ordered to receive treatment over the patient's objection, including the taking or application of medication, if the court, or administrative panel through the administrative authorization process established pursuant to section 334-162, finds that:  (1) The patient suffers from a physical or mental disease, disorder, or defect;  (2) The patient is imminently dangerous to self or others;  (3) The proposed treatment is medically appropriate; and  (4) After considering less intrusive alternatives, treatment is necessary to forestall the danger posed by the patient.  (b) For the purposes of this section, "imminently dangerous to self or others" means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days. [L 2017, c 111, pt of §2]
HI Rev Stat § 334-162 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-162 Criteria for administrative authorization process.

 §334-162 Criteria for administrative authorization process. [See Note at part heading.] (a) A patient who is in the custody of the director and in a psychiatric facility may be ordered to receive medical treatment over the patient's objection through an administrative authorization process that includes the following due process safeguards:   (1) The facility shall give notice to the patient of the authorization process and the reasons for initiating the process;  (2) The administrative panel shall consist of three members with relevant clinical training and experience, and who are not involved with the current treatment of the patient;  (3) The patient shall have the right to attend the hearing, receive assistance from an advisor, cross examine witnesses, and present testimony, exhibits, and witnesses; and  (4) The patient shall have the right to appeal the decision of the administrative panel.  (b) The administrative process described by this section is exempt from the contested case requirements of sections 91-8.5 to 91-15.  (c) The department may adopt rules, pursuant to chapter 91, to effectuate this part. [L 2017, c 111, pt of §2]
HI Rev Stat § 334B-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment|334B-1 Purpose.

  §334B-1 Purpose. The legislature finds and declares that the purposes of this chapter are to:  (1) Promote the delivery of quality health care in a cost-effective manner;  (2) Foster greater coordination between health care providers, third-party payors, and others who conduct utilization review and managed care activities;  (3) Protect patients, employers, and health care providers by ensuring that review agents are qualified to perform utilization review and managed care activities and to make informed decisions on the appropriateness of care;  (4) Protect patients' health care interests through public access to the criteria and standards used in utilization review and managed care activities;  (5) Ensure the confidentiality of patients' medical or psychological records in the utilization review and managed care activities in accordance with applicable state and local laws; and  (6) Provide for nondiscriminatory utilization review of treatments for all mental health, alcohol, or drug abuse problems. [L 1991, c 95, pt of §1]
HI Rev Stat § 334B-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment|334B-2 Definitions.

  §334B-2  Definitions. As used in this chapter:  "Director" means the director of health.  "Health care provider" means any person, corporation, facility, or institution licensed by this State to provide health care services, including but not limited to a physician, hospital or other health care facility, nurse, psychologist, or substance abuse counselor, and officer, employee, or agent of such provider acting in the course and scope of employment or agency related to health care services.  "Health care services" means diagnosis, treatment, medical or psychological evaluation or advice, or other acts as permissible under the health care licensing statutes of this State.  "Physician" means a person licensed to practice medicine under chapter 453.  "Psychologist" means a person licensed to practice psychology under chapter 465.  "Review agent" means a hospital or nonhospital-affiliated person or entity performing utilization review or managed care that is either affiliated with, under contract with, or acting on behalf of:  (1) A business entity in this State; or  (2) A third party that provides or administers hospital, medical, psychological, or other health care benefits to citizens of this State, including a health insurer, nonprofit health service plan, health insurance service organization, health maintenance organization, or preferred provider organization authorized to offer health insurance policies or contracts in this State.  "Utilization review" or "managed care" means a system for reviewing the appropriate and efficient allocation of mental health, alcohol, or drug abuse treatment services given or proposed to be given to a patient or group of patients for the purpose of recommending or determining whether such services should be reimbursed, covered, or provided by an insurer, plan or other entity or person.  "Utilization review plan" means a description of the criteria and standards governing utilization review or managed care activities performed by a review agent. [L 1991, c 95, pt of §1]
HI Rev Stat § 334B-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment|334B-4 Waiver.

  §334B-4 Waiver. This chapter shall not apply to a review agent that operates under contract with the federal government for utilization review activities relating to recipients and health care providers under Title XVIII of the Social Security Act, Title XIX of the Social Security Act, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). [L 1991, c 95, pt of §1]
HI Rev Stat § 334B-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment|334B-5 Confidentiality.

  §334B-5 Confidentiality. A review agent may not disclose or publish individual medical or psychological records or any other confidential medical or psychological information obtained in the performance of utilization review or managed care activities. [L 1991, c 95, pt of §1]
HI Rev Stat § 334B-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment|334B-6 Penalty for violation.

  §334B-6 Penalty for violation.  Any person or agency who violates any provision of this chapter or any rule adopted pursuant to this chapter or who submits any false information shall be guilty of a misdemeanor and upon conviction shall be subject to a penalty of not more than $1,000. [L 1991, c 95, pt of §1]
HI Rev Stat § 334B-7 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment|334B-7 Appeal by aggrieved party.

  §334B-7 Appeal by aggrieved party.  Any person aggrieved by a final decision of the complaint resolution panel in a contested case under this chapter may appeal to the director. [L 1991, c 95, pt of §1]
HI Rev Stat § 334B-8 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment|334B-8 Annual report.

  §334B-8 Annual report. The director shall submit an annual report to the governor and the legislature at least twenty days prior to the convening of each regular session concerning the conduct of review agents that have been reported to the complaint resolution panel. The report shall include an analysis of complaints filed against agents by patients or their representatives, or providers. [L 1991, c 95, pt of §1]
HI Rev Stat § 334D-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334D. Diversion Program for Chemically Dependent Nurses|334D-1 Findings and purpose.

  §334D-1 Findings and purpose. The purpose of this chapter is to establish a diversion program for nurses with chemical dependency problems and to place the program under the oversight of the board of nursing. The intent of the diversion program established by this chapter is to develop a voluntary alternative to traditional disciplinary actions that provides adequate protections for the public health, safety, and welfare. [L 1993, c 106, pt of §1; am L 2010, c 54, §2]
HI Rev Stat § 334D-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334D. Diversion Program for Chemically Dependent Nurses|334D-2 Definitions.

  §334D-2 Definitions. As used in this chapter, unless the context requires otherwise:  "Board" means the board of nursing.  "Chemically dependent" means a condition wherein a nurse's cognitive, interpersonal, or psychomotor skills are affected by the habitual or intemperate use of alcohol or drugs, or both.  "Diversion program" means a program administered by professionals to assist chemically dependent nurses in obtaining evaluation, counseling, monitoring, and ongoing support for rehabilitative purposes.  "Nurse" means a person who has been or is currently licensed under chapter 457.  "Peer assistance program" means a program administered by professionals for the purpose of assisting nurses who are chemically dependent in obtaining evaluation, counseling, monitoring of progress, and ongoing support for rehabilitative purposes.  "Professional association" means a national or statewide association or committee of professionals, or a nonprofit organization operated in support of a professional association that is recognized by the board and designated to administer and monitor the diversion program. [L 1993, c 106, pt of §1]