reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-13 Payments for care and treatment of persons receiving services; liability.

§333F-13 Payments for care and treatment of persons receiving services; liability.
A parent, conservator, or other person liable for the support of any person receiving services under this chapter shall be required to pay for the care and treatment of the person. The parent or conservator of a minor receiving services under this chapter shall be liable for the care and treatment until the person has reached the age of majority. The liability of a conservator of a person under this section shall be limited to the estate of the ward and shall not be recoverable out of the individual assets of the conservator. Every person receiving services under this chapter and any property of the person's estate not exempt from execution shall be liable for the expense of the person's care and treatment. The attorney general, whenever requested by the director, shall take any steps that may be appropriate, by civil action if necessary, to enforce any liability established by this section. The attorney general may designate any appropriate county attorney to act in the attorney general's behalf in any enforcement proceeding.
The department, with the approval of the governor and from the funds appropriated to the department for the care and treatment of persons with developmental or intellectual disabilities, may transfer from time to time to the department of human services any amounts that may be requested by the department of human services to match federal funds available under Title XIX of the Social Security Act to assist any indigent or medically indigent persons to pay for the care and treatment of any person receiving services under this chapter. The department may expend federal funds so received for the purposes of this chapter. [L 1987, c 341, pt of §2; am L 1988, c 141, §26; am L 1995, c 189, §9; am L 2004, c 161, §6; am L 2011, c 220, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-17 Authority of director to enter into agreements; make dispositions of state resources.

§333F-17 Authority of director to enter into agreements; make dispositions of state resources.
(a) The director may enter into agreements with the federal government, other state departments and agencies, and the counties; enter into assistance agreements with private persons, groups, institutions, or corporations; purchase services required or appropriate under this chapter from any private persons, groups, institutions, or corporations; allocate and expend any resources available for the purposes of this chapter; and do all things necessary to accomplish the purposes and provisions of this chapter.
(b) To the extent the director deems it appropriate, the director may require a recipient of any state funds under this chapter to contribute moneys, facilities, or services for carrying out the program or project.
(c) The director shall establish standards and review procedures to assure that private persons, groups, institutions, or corporations provide the services and facilities necessary to accomplish the purposes for which the funds are disbursed. [L 1987, c 341, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-17.5 Disposition of Title XIX funds. All earned Title XIX funds collected for community program services under this chapter shall be deposited to the credit of the state general fund. [L 1990, c 96, §1; am L 1993, c 280, §39]

§333F-17.5
Disposition of Title XIX funds.
All earned Title XIX funds collected for community program services under this chapter shall be deposited to the credit of the state general fund. [L 1990, c 96, §1; am L 1993, c 280, §39]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-18 Rules.

§333F-18 Rules.
The director, in consultation with the state council on developmental disabilities, private agencies, users of services under this chapter, and other interested parties, shall adopt rules pursuant to chapter 91 necessary or appropriate to carry out this chapter, which shall include but not be limited to:
(1) Establishment of eligibility requirements for participation in services provided under this chapter;
(2) Establishment of standards of transfer from one facility to another;
(3) Provision for the involvement of the person and, where appropriate, the parents, guardian, or other representatives of the person in the determination of eligibility under this chapter, the preparation of the person's individualized service plan, and the selection or rejection of services under this chapter;
(4) Protection and enhancement of the rights of persons receiving or applying for services under this chapter, including the right to privacy and confidentiality;
(5) A fair, timely, and impartial grievance procedure to provide administrative due process and recourse for persons aggrieved by any action or failure to act on the part of the department under this chapter; and
(6) Other provisions required or appropriate to implement the purposes of this chapter. [L 1987, c 341, pt of §2; am L 2001, c 175, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-19 Limitation of liability.

§333F-19 Limitation of liability.
The responsibilities of the department to carry out this chapter shall be limited to the resources available to carry out this chapter in a prudent manner. When these resources are exhausted, no action may be brought by, or on behalf of, any person or organization in any court to compel the provision of further services. [L 1987, c 341, pt of §2; am L 1995, c 189, §10]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-20 Standards for services.

§333F-20 Standards for services.
The department shall require appropriate standards of services to be met by its own services or contractual services including residential, day treatment, and other related programs. These standards, wherever applicable and appropriate, shall conform to or exceed federal standards. [L 1987, c 341, pt of §2; am L 1995, c 189, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-21 Provision of services; family and caregiver support.

§333F-21 Provision of services; family and caregiver support.
The director within the limits of state and federal resources allocated or available for the purposes of this chapter shall provide any services that may be necessary to maintain and enhance care giving in community-based homes for persons with developmental disabilities. For the purposes of this section, "family and caregiver support" means a flexible and varied network of support which does not supplant community resources, and which is capable of providing for the individual families caring for persons with developmental disabilities. These services may include:
(1) In-home and out-of-home respite services for families and care providers;
(2) The purchase of adaptive equipment such as bath chairs and special positioning chairs not covered by health insurance or other resources;
(3) Counseling services for families of care providers concerning stresses and feelings about caring for persons with developmental disabilities;
(4) Special supply purchases such as diapers and special clothing required by persons with developmental disabilities;
(5) Homemaker and chore services;
(6) Transportation services not available through existing resources in the community;
(7) Specialized therapy services for persons with developmental disabilities not available through insurance, medicaid, or other resources;
(8) Case management to help families and care providers coordinate and access services available to persons with developmental disabilities; and
(9) Provision, without regard to chapter 42F or chapter 103F, of modifications to dwelling units to enable persons with developmental disabilities with sensory limitation or mobility problems to reside in community homes which require adaptive and safety alterations such as the installation of ramps and porch lifts, bars and hand rails, widening of doorways, removal of other architectural barriers, and the enlargement of bath facilities to allow the movement and ensure the safety of the person with developmental disabilities; provided that:
(A) There shall be an agreement between the care provider and the department to ensure continued care in the home where the modification is provided; and
(B) Modification costs shall be limited to the amount of funds appropriated for the program for any individual client. [L 1990, c 324, §2; am L 1991, c 335, §10; am L 1995, c 189, §12; am L 1997, c 190, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-23 Intellectual and developmental disabilities medicaid waiver administrative claiming special fund.

§333F-23 Intellectual and developmental disabilities medicaid waiver administrative claiming special fund.
(a) There is established in the treasury of the State the intellectual and developmental disabilities medicaid waiver administrative claiming special fund, into which shall be deposited:
(1) All revenues from medicaid administrative claiming designated for the department that are allowable for operating the Hawaii home and community-based services waiver for persons with intellectual and developmental disabilities pursuant to section 1915(c) of the Social Security Act;
(2) Appropriations made by the legislature to the fund;
(3) Other grants and gifts made to the fund; and
(4) Any income and capital gains earned by the fund.
(b) Moneys in the intellectual and developmental disabilities medicaid waiver administrative claiming special fund shall be used by the department for the following purposes:
(1) Payment for fiscal management services of the Hawaii home and community-based services waiver for persons with intellectual and developmental disabilities pursuant to section 1915(c) of the Social Security Act;
(2) Training of staff; waiver providers; waiver participants, family members of waiver participants, legal representatives of waiver participants; and community stakeholders;
(3) Quality management activities for operating the Hawaii home and community-based services waiver for persons with intellectual and developmental disabilities pursuant to section 1915(c) of the Social Security Act;
(4) Ongoing operations and maintenance of the information technology system;
(5) Conducting rate methodology studies to define rates for the Hawaii home and community-based services waiver for persons with intellectual and developmental disabilities pursuant to section 1915(c) of the Social Security Act; and
(6) Assessment services for determining each participant's level of support needs.
(c) The department shall submit to the legislature no later than twenty days prior to the convening of each regular session a report that provides an accounting of the receipts of and expenditures from the intellectual and developmental disabilities medicaid waiver administrative claiming special fund. [L 2019, c 165, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-2 Mental health system.

§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 or emotional disorders and substance abuse, to treat and rehabilitate the victims in the least restrictive and most therapeutic environment possible, and to provide treatment and care for homeless individuals with serious and persistent mental health challenges to enable them to reside in a permanent dwelling unit or homeless facility, as defined in section 346-361. The department shall administer such programs, services, and facilities as may be provided by the State to promote, protect, preserve, care for, and improve the mental health of the people. [L 1967, c 259, pt of §1; HRS §334-2; am L 1984, c 218, §2; am L 2016, c 186, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-2.5 Contracts for facilities and services.

§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 in existing private or public psychiatric facilities; and
(3) The provision of:
(A) Secure psychiatric rehabilitation services;
(B) Crisis intervention and stabilization services;
(C) Intensive treatment and wraparound services;
(D) Diversion services;
(E) Special treatment facilities or therapeutic living programs as defined in section 334-1;
(F) Case management services;
(G) Housing services;
(H) Outreach services, with priority for outreach services intended to help homeless individuals with serious and persistent mental health challenges reside in homeless facilities, permanent dwelling units, or other facilities and avoid returning to homelessness; and
(I) Other mental health treatment and rehabilitation services.
(b) The department may operate or contract for a secure psychiatric rehabilitation program for individuals who require intensive therapeutic treatment and rehabilitation in a secure setting. The services authorized by this section shall be for persons:
(1) Involuntarily hospitalized under this chapter for whom the services cannot be reimbursed, covered, or provided by an insurer, plan, or other person;
(2) Committed to the custody of the director under chapter 704; and
(3) Appropriately hospitalized under chapter 704 or 706.
The director shall be responsible for the appropriate placement of all persons placed in facilities or services contracted for or operated by the director under paragraphs (1) through (3).
Any such person placed in a facility or services contracted for or operated by the director who leaves or remains away from the facility or services, without permission, may be apprehended and returned to the facility or services by any employee of the department or by any law enforcement officer without any warrant or further proceeding.
(c) The department shall:
(1) See that patients who receive services under contract or provided directly by the department pursuant to subsection (a) receive the care and treatment for which the department has contracted or for which appropriate services are provided directly by the department;
(2) Make periodic reviews of the records of each person committed to the director's custody or hospitalized pursuant to this chapter, chapter 704, or chapter 706;
(3) In suitable cases, discharge or place on authorized absence persons committed to the director's custody or hospitalized pursuant to this chapter, chapter 704, or chapter 706; and
(4) Keep a medical record of each person committed to the director's custody or hospitalized pursuant to this chapter, chapter 704, or chapter 706. [L 1999, c 119, §2; am L 2013, c 232, §2; am L 2016, c 186, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-3.5 Employment program for the chronically mentally ill established.

§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) create business enterprises for employment of the chronically mentally ill; (2) teach the skills and attitudes which will enable the chronically mentally ill to become employed; and (3) provide support services including housing so that the chronically mentally ill can secure and maintain employment and live within the community. [L 1987, c 340, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-4 Personnel for mental health program.

§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 appropriations are available. Positions for psychiatrists are exempted from chapter 76. The director may employ psychiatrists as needed by the department on a contractual basis, subject to the approval of the governor. The director may appoint an administrator, three associate administrators, a director of psychosocial rehabilitation, a chief of the department of nursing, a risk manager, a patients' rights advisor, and a facilities plant engineer for the state hospital or a secure psychiatric rehabilitation facility established pursuant to this chapter and these positions shall be exempt from chapter 76. [L 1967, c 259, pt of §1; HRS §334-4; gen ch 1985; am L 1996, c 125, §2; am L 1998, c 97, §1; am L 1999, c 119, §4; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-5 Confidentiality of records.

§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 in this chapter, health plans as defined in title 45 Code of Federal Regulations section 160.103, and health care clearinghouses as defined in title 45 Code of Federal Regulations section 160.103, and directly or indirectly identifying a person subject hereto shall be kept confidential and shall not be disclosed by any person except as allowed by title 45 Code of Federal Regulations part 164, subpart E. Nothing in this section shall preclude the:
(1) Application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records;
(2) Disclosure deemed necessary under the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986, P.L. 99-319, to protect and advocate for the rights of persons with mental illness who reside in facilities providing treatment or care; or
(3) Disclosures made by a court or the Hawaii criminal justice data center of orders of involuntary civil commitment issued pursuant to section 334-60.5 for the purpose of firearms permitting or registration pursuant to chapter 134. [L 1967, c 259, pt of §1; HRS §334-5; am L 1973, c 122, §1; gen ch 1985; am L 1987, c 148, §1; am L 1999, c 87, §3; am L Sp 2000 2d, c 1, §1; am L 2001, c 244, § §3, 6; am L 2003, c 204, §8; am L 2004, c 22, §1; am L 2008, c 98, §2; am L 2014, c 87, §3 and c 214, §4]
Revision Note
Section is a blend of L 2014, c 87, §3 and c 214, §4.
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-6 Fees; payment of expenses for treatment services.

§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 collections on such charges the director shall take into consideration the financial circumstances of the patient and the patient's family including a reciprocal beneficiary, and no collections shall be made where in the judgment of the director, such collections would tend to make the patient or the patient's family including a reciprocal beneficiary, a public charge or deprive the patient and the patient's family including a reciprocal beneficiary, of necessary support.
(b) Every person hospitalized at a psychiatric facility or receiving treatment services through a community mental health center under the jurisdiction of the State or a county, or at a psychiatric facility or through a community mental health center which derives more than fifty per cent of its revenues from the general fund of the State, or pursuant to contract with the director under section 334-2.5, shall be liable for the expenses attending their reception, maintenance, and treatment and any property not exempt from execution belonging to the person shall be subject to sequestration for the payment of the expenses. Every parent or legal guardian of a patient who is a minor and every spouse or reciprocal beneficiary of a patient shall be liable for the expenses attending the reception, maintenance, and treatment of that minor child or spouse or reciprocal beneficiary who is hospitalized at a psychiatric facility or receiving treatment through a community mental health center under the jurisdiction of the State or a county, or at a psychiatric facility or through a community mental health center which derives more than fifty per cent of its revenues from the general fund of the State, or pursuant to contract with the director under section 334-2.5. [L 1967, c 259, pt of §1; HRS §334-6; am L 1971, c 153, §1; am L 1972, c 80, §1; am L 1991, c 243, §2; gen ch 1992; am L 1997, c 383, §44; am L 1999, c 119, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-7 Donations or grants to department.

§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 the mental health program. The donations or grants shall in fact be used for the mental health program and for the intended purpose, if specified. [L 1967, c 259, pt of §1; HRS §334-7]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-8 Agreements.

§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 other state departments, agencies, and political subdivisions and enter into assistance agreements for services with a profit organization incorporated under the laws of the State or a nonprofit organization determined to be exempt from the federal income tax by the Internal Revenue Service and allocate and expend any funds appropriated for the purposes of such agreements and do all things necessary to accomplish the purposes and provisions thereof.
(2) The director shall establish standards and review procedures to assure that recipients of state funding provide the services and facilities necessary to accomplish the purposes for which the funds are provided. [L 1967, c 259, pt of §1; HRS §334-8; am L 1984, c 78, §1 and c 218, §4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-9 Rules.

§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; HRS §334-9; am L 1984, c 218, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-11 Service area boards.

§334-11 Service area boards.
(a) A service area board shall be established within the department of health for administrative purposes to advise each service area administrator. Each board shall consist of nine members appointed by the governor, who shall serve for terms to be determined by the governor. After the initial appointees, the governor shall fill each vacancy on a board by appointing a member from a list of four persons submitted by that board, except that, if the board is unable to achieve a quorum at two consecutive meetings called for the purpose of making such a list, the list may be provided by a group of at least seven service area consumers and nonproviders of mental health services. This group shall consist of all board members willing to participate in making the list and other area consumers and nonproviders of mental health services to be selected by the service area board chairperson and service area administrator. Any meeting called for the purpose of making the list shall be subject to part I of chapter 92. The members of the board shall be service area residents, who are consumers or nonproviders of mental health services and service area providers with a majority being non-state employees and nonproviders of mental health or other health services.
Each board shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the board.
(b) Each service area administrator and board, in consultation with public and private providers, shall participate in the development of comprehensive integrated service area plans and budgets. Each board shall advise the service area administrator about service area needs to prevent and treat mental or emotional disorders, combined mental illness substance abuse disorders, and persons afflicted by these disorders, and provide advice, guidance, and recommendations to both the advisory commission on drug abuse and controlled substances, section 329-2, and the state council on mental health, section 334-10, as they deem appropriate.
(c) If a service area administrator's actions are not in conformance with the board's planning decisions, the service area administrator shall provide a written explanation to the board.
(d) A quorum for purposes of doing business shall consist of a majority of the members serving on a board immediately before a meeting begins.
(e) If a quorum is present when a vote is taken, the affirmative vote of a majority of the members present shall constitute a valid act of a board unless this chapter, part I of chapter 92, or the articles or bylaws of the board require the vote of a greater number of members. [L 1984, c 218, pt of §1; am L 1985, c 6, §1; am L 1987, c 14, §1; am L 1993, c 210, §3; am L 2004, c 79, §4; am L 2018, c 138, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-12 Bilingual mental health services.

§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 services statewide.
(b) The mental health unit established in this section shall have the following functions and shall provide the following services:
(1) Outreach;
(2) Education;
(3) Case finding;
(4) Screening;
(5) Referral and linkage;
(6) Consultation;
(7) Crisis stabilization;
(8) Community support services;
(9) System advocacy;
(10) Client support and advocacy; and
(11) Monitoring and follow-up. [L 1989, c 78, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-13 Representative payee program.

§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 payee services to "mentally ill persons", "persons suffering from substance abuse", and persons referred from the department of human services who receive financial assistance and have a primary medical diagnosis of substance abuse.
(b) In developing this program, the department of health shall consider the following:
(1) Services to the neighbor islands;
(2) Training for representative payees;
(3) Representative payees for care home residents;
(4) Representative payees for homeless persons;
(5) The use of case managers as representative payees;
(6) The development of due process procedures to protect the rights of mentally ill persons and persons suffering from substance abuse; and
(7) The development and implementation of an inter-agency working agreement with the department of human services to carry out the purposes of this program. [L 1990, c 169, §2; am L 1995, c 207, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-14 Group homes for substance abusers; source of funds; disposition of receipts.

§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 of not less than four individuals, shall be allocated by the legislature through appropriations out of the state general fund.
(b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.
(c) All moneys received from other funding sources, including but not limited to federal sources, or in repayment of loan principal, payment of interest, or fees, under this section shall be deposited to the credit of the state general fund. [L 1990, c 177, §2; am L 1993, c 280, §36]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-15 Mental health and substance abuse special fund; established.

§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 revenues and other moneys collected from certification programs and treatment services rendered by the mental health and substance abuse programs operated by the State. Notwithstanding any other law to the contrary, the department is authorized to establish separate accounts within the special fund for depositing moneys received from certification programs and from each mental health and substance abuse program. Moneys deposited into the respective accounts of each program shall be used for the payment of the operating expenses of the respective program.
(b) The director shall submit a report to the legislature, not later than twenty days prior to the convening of each regular session, which identifies for each account in the special fund, the account balance and ceiling increase, any transfers and expenditures made, and the purposes of the expenditures. [L 1991, c 243, §1; am L 1995, c 214, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-16 Annual report; forensic patient data.

§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 which, at a minimum, shall summarize yearly data on forensic patients, including:
(1) Gross numbers for admissions to and discharges from the Hawaii state hospital;
(2) The number of admissions to, discharges from, and lengths of stays in the Hawaii state hospital, broken down by the following commitment categories:
(A) Original order under section 704-411(1)(a);
(B) Pending examination under section 704-411(3);
(C) Maximum seventy-two-hour recommitment pending examination under section 704-413(1);
(D) Original order under section 704-404; and
(E) Original order under section 704-406;
(3) Number of persons committed to the Hawaii state hospital by each court and county;
(4) Gross lengths of stay in the Hawaii state hospital for:
(A) Patients discharged during the fiscal year; and
(B) Individuals remaining as inpatients at the end of the fiscal year; and
(5) Number of patients in the Hawaii state hospital on forensic status, broken down by categories of underlying crimes, such as by crimes against the person, sex offenses, and property crimes, and by grade of offense. [L 2008, c 100, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-21 Licensing 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 a license therefor from the department of health. The license may be for a definite period and shall be subject to revocation as hereinafter provided. The issuance of a license shall be based upon an application which shall be in such form and shall contain such information as the department may require. The facility must be able to provide adequate care and treatment in conformance with standards established by the department. The department may, at any and all times, examine and ascertain whether a licensed facility is being conducted in compliance with the license and applicable rules and regulations. Subject to chapter 91, the department may, if the interests of the public or of the patients of a facility so demand, for just and reasonable cause then appearing and to be stated in its order, amend or revoke a license by an order to take effect within such time as the department shall determine. This section shall not apply to any facility operated by the United States or any agency thereof. L 1967, c 259, pt of §1; HRS §334-21; am L 1968, c 6, §3; am L 1977, c 76, §2
Cross References
For admission to a psychiatric facility, see part IV.
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-22 Penalty.

§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 license issued under this part, and any officer of any association or corporation who participates in the violation, shall be fined not more than $1,000 or, in the case of an individual, imprisoned not more than six months, or both. [L 1967, c 259, pt of §1; HRS §334-22]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-23 Money belonging to patients.

§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 a guardian, deposit the money in a bank or other financial institution and from time to time as the administrator may determine apply the same or any part thereof for the benefit of the patient, provided that so long as a guardian is not appointed, the administrator shall not apply any part of the cash for the maintenance of the patient in the facility. [L 1967, c 259, pt of §1; HRS §334-23; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-24 Admission; discharge; civil liability.

§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, 704 and 706. [L 1967, c 259, pt of §1; HRS §334-24; am L 1976, c 130, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-51 to 334-58 OLD REPEALED.

Law Journals and Reviews
Risky Business: Assessing Dangerousness in Hawai`i. 24 UH L. Rev. 63 (2001).
§ §334-51 to 334-58 OLD REPEALED.
L 1976, c 130, pt of §4.
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-59.5 Notice of admissions, examinations, and hospitalizations.

§334-59.5 Notice of admissions, examinations, and hospitalizations.
Notice of an individual's emergency admission, examination, and hospitalization under this chapter may be given to at least one of the following persons in the following order of priority: the individual's spouse or reciprocal beneficiary, legal parents, adult children, legal guardian, if one has been appointed, or if none can be found, the closest adult relative, as long as the individual:
(1) Has capacity to make health care decisions and agrees;
(2) Is given the opportunity to object and does not object, or the health care provider can reasonably infer from the circumstances based on the exercise of professional judgment that the individual does not object; or
(3) Is incapacitated or an emergency circumstance exists and the health care provider determines based on the exercise of professional judgment that doing so is in the best interest of the individual. [L 2018, c 144, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-60.1 Voluntary admission for nonemergency treatment or supervision.

§334-60.1 Voluntary admission for nonemergency treatment or supervision.
(a) Acceptance for voluntary inpatient treatment at a psychiatric facility shall be in accordance with usual standards for hospital admissions.
(b) A facility may admit for evaluation, diagnosis, or treatment any individual under fifteen years of age for whom application is made by the individual's parent or guardian. If application for admission is countersigned by a minor aged fifteen through seventeen years before a family court officer, no hearing shall be necessary. If the minor elects not to sign, involuntary hospitalization proceedings shall be initiated.
(c) A facility shall discharge a voluntary patient who has sufficiently improved so that hospitalization is no longer desirable. A voluntary patient or the patient's guardian, representative, or attorney may request discharge in writing at any time following admission to the facility. If discharge would be dangerous to the patient or others, proceedings for involuntary hospitalization must be initiated as soon as possible but within twenty-four hours of the receipt by the administrator of the written request for discharge. If that time expires on a Saturday, Sunday, or holiday, the time for initiation is extended to the close of the next court day. Upon the initiation of the proceedings, the facility is authorized to detain the patient until further order of the court. If the patient was admitted on the patient's own application and the request for discharge is made by a person other than the patient, the discharge may be conditioned upon the agreement of the patient.
(d) Notice of right to release. At the time of the patient's admission and each six months thereafter, a voluntary patient and the patient's guardian or representatives shall be notified in writing of the patient's right and how to apply for a discharge. [L 1984, c 188, pt of §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-60.2 Involuntary hospitalization criteria.

§334-60.2 Involuntary hospitalization criteria.
A person may be committed to a psychiatric facility for involuntary hospitalization, if the court finds:
(1) That the person is mentally ill or suffering from substance abuse;
(2) That the person is imminently dangerous to self or others; and
(3) That the person is in need of care or treatment, or both, and there is no suitable alternative available through existing facilities and programs which would be less restrictive than hospitalization. [L 1984, c 188, pt of §3; am L 1985, c 75, §2; am L 1986, c 335, §4; am L 2013, c 221, § §5, 24; am L 2016, c 114, §6]
Cross References
Intermediate sanctions for selected offenders and defendants, see § §353-10.5, 353-63.5, and 706-605.1.
Law Journals and Reviews
Risky Business: Assessing Dangerousness in Hawai`i. 24 UH L. Rev. 63 (2001).
Case Notes
In light of the definition of "dangerous to self" under §334-1, person's refusal to take medications and person's racist remarks to strangers constituted insufficient evidence to support family court's finding that person was imminently and substantially dangerous to person's self. 102 H. 528 (App.), 78 P.3d 341 (2003).
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-60.3 Initiation of proceeding for involuntary hospitalization.

§334-60.3 Initiation of proceeding for involuntary hospitalization.
(a) Any person may file a petition alleging that a person located in the county meets the criteria for commitment to a psychiatric facility. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public. The attorney general, the attorney general's deputy, special deputy, or appointee designated to present the case shall assist the petitioner to state the substance of the petition in plain and simple language. The petition may be accompanied by a certificate of the licensed physician, advanced practice registered nurse, or psychologist who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to medical or psychological examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the signs and symptoms relied upon by the physician, advanced practice registered nurse, or psychologist to determine the person is in need of care or treatment, or both, and whether the person is capable of realizing and making a rational decision with respect to the person's need for treatment. If the petitioner believes that further evaluation is necessary before commitment, the petitioner may request such further evaluation.
(b) In the event the subject of the petition has been given an examination, evaluation, or treatment in a psychiatric facility within five days before submission of the petition, and hospitalization is recommended by the staff of the facility, the petition may be accompanied by the administrator's certificate in lieu of a physician's or psychologist's certificate.
(c) The petition shall include the name, address, and telephone number of at least one of the following persons in the following order of priority: the subject of the petition's spouse or reciprocal beneficiary, legal parents, adult children, and legal guardian, if one has been appointed. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult children, or legal guardian, or if none can be found, notice shall be served on at least one of the subject's closest adult relatives, if any can be found. [L 1984, c 188, pt of §3; gen ch 1985; am L 1994, c 58, §2; am L 2015, c 27, §3; am L 2018, c 144, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-60.6 Period of detention.

§334-60.6 Period of detention.
The psychiatric facility may detain a subject for a period of time ordered by the court not to exceed ninety days from date of admission unless sooner discharged by the facility pursuant to section 334-76 or section 334-74. At the end of the ninety-day period the subject shall be discharged automatically except as provided in sections 704-406, 704-411, and 706-607, unless before expiration of the period and by a proceeding initiated pursuant to section 334-60.3 the facility obtains a court order for the subject's recommitment. Recommitment for a period not to exceed ninety days may not be ordered unless the court determines that the criteria for involuntary hospitalization set forth in section 334-60.2 continue to exist. If at the end of a recommitment period the court finds that the criteria for involuntary hospitalization set forth in section 334-60.2 continue to exist and are likely to continue beyond ninety days, the court may order recommitment for a period not to exceed one hundred eighty days.
Nothing in this section shall preclude a facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60.1, a patient, for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired, or where the patient is no longer a proper subject for commitment. [L 1984, c 188, pt of §3; gen ch 1985; am L 1988, c 44, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-60.7 Notice of intent to discharge.

§334-60.7 Notice of intent to discharge.
(a) When the administrator or attending physician of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2, the administrator or attending physician shall provide notice of intent to discharge, or if the patient voluntarily agrees to further hospitalization, the administrator shall provide notice of the patient's admission to voluntary inpatient treatment. The following requirements and procedures shall apply:
(1) The notice and a certificate of service shall be filed with the family court and served on those persons whom the order of commitment specifies as entitled to receive notice, by mail at the person's last known address. Notice shall also be sent to the prosecuting attorney of the county from which the person was originally committed, by facsimile or electronically, for the sole purpose of victim notification;
(2) Any person specified as entitled to receive notice may waive this right in writing with the psychiatric facility;
(3) If no objection is filed within five calendar days of mailing the notice, the administrator or attending physician of the psychiatric facility shall discharge the patient or accept the patient for voluntary inpatient treatment;
(4) If any person specified as entitled to receive notice files a written objection, with a certificate of service, to the discharge or to the patient's admission to voluntary inpatient treatment on the grounds that the patient is a proper subject for commitment, the family court shall conduct a hearing as soon as possible, prior to the termination of the current commitment order, to determine if the patient still meets the criteria for involuntary hospitalization in section 334-60.2. The person filing the objection shall also notify the psychiatric facility by telephone on the date the objection is filed;
(5) If the family court finds that the patient does not meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order of discharge from the commitment; and
(6) If the family court finds that the patient does meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order denying discharge from the commitment.
(b) For civil commitments that do not result directly from legal proceedings under chapters 704 and 706, when the administrator or attending physician of a psychiatric facility contemplates discharge of an involuntary patient, the administrator or attending physician may 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. [L 1984, c 188, pt of §3; am L 1988, c 44, §2; am L 2014, c 156, §1; am L 2018, c 144, §6]