reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-11 - General requirements for service delivery

Current through June, 2024
(a)
				  Services to all consumers shall be appropriate to their age, level of
				  development, current situation, social, ethno-cultural, educational, religious
				  and economic background and shall take into account the central nature of the
				  family, parents or parent substitutes and peer groups.
(b) Each service area center shall maintain
				  an inventory of general community resources available to clients by agency
				  name, location, telephone number, services provided, type of individuals
				  served, referral or admission procedures, and other relevant
				  information.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-12 - Continuum of services

Current through June, 2024
Mental health and substance abuse services shall be
					 delivered in a continuum which includes prevention, intervention treatment,
					 rehabilitation and aftercare.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-13 - Locations of service delivery

Current through June, 2024
Services shall be accessible and delivered in
					 nonresidential residential, and hospital settings.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-14 - Service elements, Standards and minimum levels

Current through June, 2024
(a) Elements of the mental health and
				  substance abuse System shall include, but are not limited to the following
				  Services and each service area shall ensure adherence to the following
				  Standards and availability of the specific minimum levels of Service to persons
				  eligible for Services in that service area.
(b) Information Services shall:
(1) Be publicized annually through brochures,
				  newspapers, telephone directories, and one other medium
(2) Include special efforts such as auxiliary
				  aids and bilingual resources to ensure that ethnic minority groups and other
				  special populations are provided knowledge of and easy access to the service
				  area center's Services.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-15 - Needs assessment

Current through June, 2024
(a) No single needs
				  assessment model or procedure shall be used as the sole criterion for
				  determining service area mental health and substance abuse needs. At least one
				  assessment of need shall be made by a multi-disciplinary team or group of
				  persons which includes at least one specialist with knowledge of a variety of
				  needs assessment procedures for assessing a community-based mental health and
				  substance abuse system.
(b) All
				  available needs assessment data shall be utilized in the development of the
				  4-year plan.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-16 - Community-based planning

Current through June, 2024
(a) Each service
				  area center in conjunction with its service area board shall seek information,
				  opinions, and recommendations from service area residents through such measures
				  as community forums, public meetings, formal and informal surveys.
(b) Each service area center shall identify
				  and evaluate existing public and private mental health facilities, personnel,
				  and services available in its service area, and determine the additional
				  facilities, personnel and services necessary to fill the gaps and meet the
				  mental health needs of its area. This shall include but not be limited to the
				  services listed in section
				  334-3,
				  HRS.
(c) Each service area center
				  shall describe its capacity to provide each mental health and substance abuse
				  service element with respect to the minimum level of services available given
				  its current resources, i.e., staff and budget. The minimum levels of services
				  shall be established by the following process:
(1) Establishment of a mechanism whereby
				  residents have input into the planning, development, and review of services to
				  meet their needs; and
(2)
				  Assessment of the social network.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-17 - Statewide planning

Current through June, 2024
(a) The department
				  shall provide a framework for need-based and community-based planning including
				  the ongoing development and coordination of a statewide service delivery
				  system.
(b) The department shall
				  establish mechanisms to guide the planning of mental health and substance abuse
				  services, including methods for:
(1)
				  Allocation of resources;
(2)
				  Ensuring community involvement; and
(3) Evaluating the effectiveness of
				  services.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-18 - Discharge from psychiatric and residential treatment facilities

Current through June, 2024
(a) Except for those consumers for whom no
				  additional mental health or substance abuse care is necessary or accepted, no
				  psychiatric facility or residential treatment facility shall discharge any
				  consumer without notifying the provider of mental health, substance abuse, or
				  other health services who will be responsible for the major portion of planned
				  care.
(b) Facilities shall supply
				  written discharge treatment plans and mental health and substance abuse service
				  recommendations to the caregiver and consumer within seven (7) days of
				  discharge.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-19 - Additional standards for all services

Current through June, 2024
(a) All providers
				  of mental health or substance abuse services in the system shall:
(1) Be functionally linked in a collaborative
				  and cooperative manner to assure that consumer needs and potentials are
				  met.
(2) Meet requirements
				  established by the department;
(3)
				  Establish written agreements between service agencies when two or more agencies
				  are simultaneously providing services to a consumer and where roles need
				  clarification;
(4)
(4) Establish written policies and procedures
				  for the safety of consumers and personnel.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-20 - Monitoring, evaluation and accountability

Current through June, 2024
(a) All
				  mental health and substance abuse services provided directly by or under
				  contract by the department shall be monitored and evaluated at least annually
				  in accordance with contractual provisions and requirements established by the
				  department to ensure a high level of services to consumers and the community,
				  and to assess service efficiency and effectiveness.
(b) Evaluation shall recommend activities and
				  modifications designed to assist services in meeting established standards,
				  requirements, goals, and objectives of the department.
(c) Evaluation shall include methods to
				  measure cost effectiveness and cost efficiency of service delivery in order to
				  increase program and fiscal accountability.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-21 - Research

Current through June, 2024
There shall be, policies and procedures governing the
					 promotion, conduct and range of research activities, demonstration projects and
					 studies.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-22 - Records and statistical data

Current through June, 2024
The department shall maintain a system of data collection
					 and record keeping to correlate resources, services and outcomes for
					 accreditation or certification purposes and for reporting to the state and
					 federal agencies.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-23 - Four year state plan

Current through June, 2024
(a) The four year
				  state plan shall reflect plans developed in each of the service areas. It shall
				  highlight plans for special populations and shall indicate what proportion of
				  the division's budget is to be spent on each part of the continuum of services
				  and each location of service delivery as described in section
				  11-175-12
				  and section
				  11-175-13.
				  The proportion of resources directed toward mental health and substance abuse
				  services and to children, adults and the elderly shall also be
				  displayed.
(b) The allocations for
				  residential services shall be separately displayed for those services delivered
				  in a consumer's home and those delivered in a comprehensive range of small,
				  homelike community treatment and rehabilitation facilities.
(c) The allocations for hospital settings
				  shall be separately displayed for those services delivered in short-term and
				  long-term facilities.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-24 - Interpreters

Current through June, 2024
Consumers who speak no or limited English or who are
					 hearing impaired shall be provided the services of a qualified interpreter for
					 the purpose of interpretation and translation and assisting the consumer to
					 obtain all needed service elements as described in subchapter 3 of these rules,
					 and for the purpose of exercising all rights as described in subchapter
					 4.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 3 - SERVICES AND PLANNING › Section 11-175-25 - Changes or reductions in Services

Current through June, 2024
In the event of budget restrictions, budget reductions,
					 reductions in force, or similar measures limiting the department's available
					 resources, the director may change or reduce Community mental health Services.
					 The following are among the criteria to be considered:
(1) Whether the service is required by
				  Statute or rule ;
(2) Whether the
				  service is a minimum level of accessible Services;
(3) The role of the service in the statewide
				  plan;
(4) The need for the service,
				  including the severity of the condition it serves;
(5) The effectiveness of the
				  service;
(6) The cost of the
				  service compared with its benefit;
(7) Whether the service is or will be
				  duplicated elsewhere in the department's programs;
(8) The availability of the service through
				  other sources, including but not limited to other government entities, and
				  private or public insurance plans;
(9) Whether providers are available to
				  provide the Services; or
(10) Any
				  other relevant criteria.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-30 - Right to a clinical record; access to the record

Current through June, 2024
(a) Each
				  consumer admitted to a mental health or substance abuse program shall have a
				  clinical record maintained at the program. The record shall be accessible to
				  the consumer, the consumer's legal guardian, if any, and shall include, but not
				  be limited to:
(1) All documents relating to
				  the consumer's status as a consumer of the program's services:
(2) The current individual treatment plan;
				  and
(3) Documentation of any
				  limitation of a right.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-31 - Right to confidentiality of the clinical record

Current through June, 2024
(a) Information in the clinical record of a
				  consumer of mental health or substance abuse services shall be confidential and
				  shall not be shared outside the mental health division, outside a contract
				  program, or by a private provider, except information shall be disclosed:
(1) When there is an emergency which requires
				  immediate sharing of information; however, a consumer of substance abuse
				  services shall not be identified directly or indirectly as a substance
				  abuser;
(2) When it is determined
				  that a consumer poses a serious danger or threat of violence toward another..
				  Information shall be released in keeping with the duty to exercise reasonable
				  care to protect foreseeable victims; however, a consumer of substance abuse
				  services shall not be identified directly or indirectly as a substance
				  abuser:
(3) When there is suspected
				  abuse or neglect of a minor as provided in chapter 350, HRS, and when there is
				  suspected abuse or neglect of an elderly or vulnerable adult as provided in
				  chapter 349C, HRS; however, any person named in such a report who is a consumer
				  of substance abuse services shall not be identified directly or indirectly as a
				  substance abuser;
(4) When
				  disclosure is deemed necessary by the director or the administrator of a
				  private psychiatric facility to carry out the provisions of chapter 334, HRS,
				  and after justification has been placed in the consumer's clinical record,
				  except for consumers of substance abuse services, for which informed consent to
				  release of information is required;
(5) When specific information is ordered to
				  be disclosed by a court, and is deemed by the court to be necessary In.
				  connection with the proceedings before it;
(6) For management information purposes to
				  the mental health division by the department's direct and contract
				  services;
(7) For monitoring
				  purposes to authorized mental health division monitors by the department's
				  direct and contract services;
(8)
				  When required by federal or state statutes; or
(9) When the holder of the record has
				  obtained informed consent to release of information from the consumer or the
				  consumer's legal guardian.
***
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-33 - Right to informed consent to nonemergency treatment

Current through June, 2024
(a) Mental health and substance abuse
				  programs shall obtain informed consent to treatment before nonemergency
				  treatment of a consumer commences except for a person specifically ordered by a
				  court to be involuntarily treated.
(b) A signed consent to treatment form shall
				  be placed in the consumer's clinical record and a copy shall be given to the
				  person providing consent.
(c) When
				  a consumer is clinically determined to be unable to consent or not consent to
				  nonemergency treatment because of incapacity and no guardian or
				  attorney-in-fact for health care has been appointed, the program shall petition
				  the court for a guardian to make treatment decisions.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-34 - Right of access to a grievance procedure

Current through June, 2024
(a) Mental
				  health and substance abuse programs shall establish grievance policies and
				  procedures for consumers and others on their behalf who allege violations of
				  legally protected rights or have complaints concerning these rights. Such
				  policies and procedures shall include mechanisms for
(1) Informing consumers, parents of minor
				  consumers, attorneys-in-fact and legal guardians, if any, upon admission, of
				  the grievance procedure;
(2)
				  Informal dealing with and resolving verbal complaints;
(3) Acknowledging and investigating written
				  grievances;
(4) Providing timely,
				  appropriate, and adequate remedial action if it is determined that a right has
				  been violated;
(5) Informing the
				  complainant in writing of the progress and results of an investigation,
				  including any remedial actions taken, within 15 working days of receiving the
				  complaint and every 15 working days thereafter, until the complaint is
				  resolved;
(6) Informing the
				  complainant about how to appeal to external advocates if still
				  dissatisfied.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-35 - Right of access to personal funds and valuables

Current through June, 2024
(a) Psychiatric facilities and residential
				  treatment facilities shall establish policies and procedures about the
				  consumer's right of access to personal funds and valuables. Such policies and
				  procedures shall include mechanisms for:
(1)
				  Informing consumers about their responsibility for the safekeeping of their own
				  money personal effects, and other valuables which are not placed in locked
				  storage or turned over to staff for safekeeping, and documenting in the
				  clinical record that the consumer was informed:
(2) Providing the consumers with a complete
				  and detailed list of belongings the consumer turns over to the facility for
				  safekeeping;
(3) Petitioning the
				  court for a guardian prior to denial of access to money, if denial appears to
				  be essential to prevent unreasonable and significant dissipation of assets. Use
				  of discretionary spending money or a regular allowance received by consumers
				  shall not be considered a dissipation of assets.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-36 - Civil rights

Current through June, 2024
(a) Psychiatric
				  facilities and residential treatment facilities shall presume that adult
				  consumers are legally competent unless a court has determined otherwise, and
				  shall establish policies and procedures for exercise of civil rights by
				  consumers. Such policies shall include but not be limited to:
(1) The right to be granted, forfeit, or be
				  denied a license, permit, privilege, or benefit pursuant to any law, except a
				  drivers license which may be revoked or conditioned;
(2) The right to dispose of property; execute
				  legal documents, including a will, enter into contractual relationships, and to
				  marry, obtain a separation, divorce or annulment;
(3) The right to make purchases;
(4) The right to freedom of speech;
(5) The right to register and to
				  vote;
(6) The right to engage in
				  religious practices.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-37 - Right of authorized absence

Current through June, 2024
Psychiatric facilities and residential treatment
					 facilities shall grant consumers authorized absence upon terms and conditions
					 to be determined by the facility administrator for reasons such as, but not
					 limited to personal business, family emergencies, visits, and trial periods of
					 living in the community.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-38 - Right of access to written rules and regulations

Current through June, 2024
(a) Psychiatric facilities and residential
				  treatment facilities shall establish facility rules and regulations for staff
				  and consumers which are in compliance with Federal and State laws, regulations,
				  and administrative rules;
(b)
				  Inform consumers upon admission of rules and regulations with which consumers
				  are expected to comply and guidelines which describe the appropriate behavior
				  expected. Such information shall be given orally and a written copy shall be
				  provided to each consumer.
(c)
				  Inform consumers verbally and in writing of any modifications of or additions
				  to rules and regulations with which consumers are expected to comply;
				  and
(d) Post in an area frequented
				  by consumers a summary of rules and regulations with which consumers are
				  expected to comply and guidelines which describe the appropriate behavior
				  expected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-39 - Right of freedom from reprisal

Current through June, 2024
(a) Psychiatric
				  facilities and residential treatment facilities are prohibited from retaliating
				  either verbally or physically against consumers of services. Staff members
				  shall:
(1) Report to the person responsible
				  for a consumer's individualized treatment plan any unexpected, first time
				  behavior by a consumer which is adverse to staff or others; and
(2) Address in the consumer's individualized
				  treatment plan recurring behavior by a consumer which is aversive to staff or
				  others.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-40 - Right of privacy, respect and personal dignity

Current through June, 2024
Psychiatric facilities and residential treatment
					 facilities shall:
(1) Require that
				  staff members address each consumer by the consumer's legal name or a version
				  thereof to which the consumer has agreed. Adult consumers shall not be
				  addressed in terms which imply that they are children;
(2) Protect consumers from abuse and
				  neglect;
(3) Inform consumers in
				  advance of a tour of a psychiatric facility or residential treatment facility
				  and provide consumers the opportunity to move to an area not included in the
				  tour;
(4) Respect the privacy of
				  consumers and not interfere with consumers' socially appropriate behavior, as
				  specified in facility policies and procedures;
(5) Search a consumer's belongings or living
				  area only upon admission, after a leave of absence, in a life-threatening
				  emergency, or if there is reasonable cause to believe an illegal item or item
				  prohibited by the program's rules has been hidden;
(6) Search belongings only in the presence of
				  the consumer and a witness;
(7)
				  Search a consumer's person only by a staff member of the same sex as the
				  consumer, in private, and only if there is reasonable cause to believe that
				  such a search will reveal an illegal item or an item prohibited by the
				  program's rules.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-41 - Right to a humane environment

Current through June, 2024
(a) Psychiatric
				  facilities and residential treatment facilities shall provided consumers with a
				  living environment which complies with department licensing provisions for
				  housekeeping, infection control, life safety, and sanitation.
(b) Allow consumers to keep and
				  display-personal belongings in consumers' bed areas, provided that such items
				  are not illegal or prohibited by facility rules.
(c) Post signs designating smoking and no
				  smoking areas.
(d) Provide
				  consumers with access to both smoking areas and smoke-free areas.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-42 - Right to be free from discrimination

Current through June, 2024
Psychiatric facilities and residential treatment
					 facilities shall establish and implement admission criteria based on objective
					 parameters justified in the program's design, licensed maximum capacity, or a
					 contract's scope of service, but shall not otherwise deny services to an
					 individual on the basis of race, color, creed, national origin, age, sex, or
					 handicap.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-43 - Right to a written treatment plan

Current through June, 2024
(a) Psychiatric
				  facilities and residential treatment facilities shall provide each consumer
				  with;
(1) An initial treatment plan before
				  treatment begins and no later than 24 hours after admission;
(2) A comprehensive treatment plan if the
				  consumer's stay in a psychiatric facility exceeds 10 days, or stay in a
				  residential treatment facility exceeds 30 days.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-44 - Right to participate in planning the treatment plan

Current through June, 2024
(a) Psychiatric facilities and residential
				  treatment facilities shall establish policies and procedures for exercise of
				  the right of the consumer to participate in treatment planning when the
				  consumer's plan is developed, reviewed, or modified. Procedures shall include:
(1) Meeting at least once with the consumer
				  to discuss proposed treatment unless the consumer is unable or unwilling to do
				  so;
(2) Providing the consumer with
				  information sufficient to be able to participate in decisions about proposed
				  and alternative forms of treatment, if any;
(3) Explaining to the consumer the right to
				  disagree and, except for consumers specifically ordered by a court to be
				  involuntarily treated, the right to refuse treatment, including
				  medication.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-45 - Right to refuse nonemergency treatment

Current through June, 2024
(a)
				  Psychiatric facilities and residential treatment facilities shall establish
				  policies and procedures for exercise of the right to refuse nonemergency
				  treatment by consumers, except consumers ordered by a court to receive specific
				  policies and procedures shall include mechanisms for:
(1) Not treating the consumer when informed
				  consent to proposed nonemergency treatment is refused;
(2) Discontinuation of treatment when
				  previously provided consent to nonemergency treatment is withdrawn. Verbally
				  withdrawn consent shall be documented in the clinical record; and
(3) Proposing any appropriate and available
				  alternative treatment, including alternative medications, whenever informed
				  consent to proposed treatment is refused or withdrawn.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-46 - Right to refuse participation in experimentation

Current through June, 2024
Psychiatric facilities and Residential treatment
					 facilities shall establish policies and procedures for the consumer's right to
					 refuse participation in experiments. Such policies and procedures shall include
					 mechanisms for:
(1) Review and
				  approval of a proposed experiment by a research review committee before the
				  consumer is invited to participate;
(2) Informed consent by the consumer before
				  participation in an experiment;
(3)
				  A written agreement between the consumer and the experimenters which
				  specifically addresses:
(A) The right to
				  terminate participation at any time;
(B) Whether monetary gain resulting from the
				  experiment will be disbursed to consumer participants; and
(C) Whether participants will be informed in
				  writing of the progress and results of the project.
(D) Prevention of differential treatment or
				  reprisal by facility staff or experimenters when the consumer refuses to
				  participate or continue participation in the experiment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-47 - Right to choose a primary provider of service

Current through June, 2024
Psychiatric facilities and residential treatment
					 facilities shall establish policies and procedures for the consumer's right to
					 choose a primary provider of service, or request a change in primary-provider.
					 These policies and procedures shall include:
(1) How a consumer is assigned a primary
				  provider of service;
(2) How the
				  consumer may request a change of primary provider; and
(3) Limitation of this right only when:
(A) The agreed upon treatment plan does not
				  include a primary provider; or
(B)
				  The person chosen by a consumer is not available or does not agree.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-48 - Right to a qualified, competent staff

Current through June, 2024
(a) Psychiatric
				  facilities and residential treatment facilities shall:
(1) Ensure that all staff members receive
				  orientation training and in-service training including specific training on the
				  rights of consumers, any changes in statutes, administrative rules, and
				  policies and procedures concerning consumer rights and role playing as
				  consumers of the programs services.
(2) Provide orientation, and periodic
				  training for volunteers related to the work they perform.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-49 - Right to a medical examination before nonemergency treatment

Current through June, 2024
(a) Psychiatric facilities shall provide a
				  physical examination of the consumer unless that consumer refuses to have a
				  physical examination. Such examination shall include determining if the
				  consumer has a previously unrecognized and undiagnosed organic disease, medical
				  illness or evidence of substance abuse specifically related to the consumer's
				  psychiatric symptoms which may either cause or exacerbate the symptoms
				  significantly. If the consumer is known to the facility from a previous
				  hospitalization and a physical examination including such determination
				  occurred within the preceding twelve months, no examination shall be required.
				  The physical examination shall be provided:
(1) Before nonemergency treatment is
				  initiated but no later than 24 hours after admission; or
(2) As soon as possible after emergency
				  treatment, but in no event later than 72 hours after admission; and
(3) Prior to administration of any
				  medication.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-50 - Right to knowledge of rights withheld or removed by a court or by law

Current through June, 2024
Whenever staff of a psychiatric facility or residential
					 treatment facility is informed that a consumer has a right withheld or removed
					 by a court or by law, the program shall provide information verbally and in
					 writing to the consumer on the right which has been withheld or removed, what
					 this means, how long this will last, and how to appeal this determination,
					 unless the consumer has been provided this information verbally and In writing
					 by others.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-51 - Right to physical exercise and recreation

Current through June, 2024
Psychiatric facilities and residential treatment
					 facilities shall establish policies and procedures for the consumer's right to
					 physical exercise and recreation. Such policies and procedures shall include
					 mechanisms for:
(1) Providing
				  consumers with opportunities for regular physical exercise and recreation
				  suited to consumers' needs and interests unless contraindicated in the
				  consumer's initial or comprehensive treatment plan;
(2) Evaluating each consumer at least twice a
				  year to determine the physical exercise or recreational activities needed by
				  the consumer which are not provided and specifying in the consumer's treatment
				  plan those which are needed and available.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-52 - Right to an adequate diet

Current through June, 2024
Psychiatric facilities and residential treatment
					 facilities shall:
(1) Post current
				  menus at least 24 hours in advance when there is no choice of meals
				  offered;
(2) Ensure that at least
				  three balanced meals are available at regular intervals within each 2-hour
				  period and that snacks are available when there is more than 14 hours between a
				  substantial evening meal and breakfast or the intervals between other meals is
				  more than five hours;
(3) Require
				  informed consent for any special diet prescribed by a physician and encourage,
				  but not require a consumer to follow such a diet. Refusal to consent to a
				  special diet shall be construed as a treatment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-53 - Right to know names and titles of staff

Current through June, 2024
(a)
				  Psychiatric facilities and residential treatment facilities shall provide
				  consumers with the names and titles of members by requiring that all staff who
				  have contact with consumers wear an identification badge or pin stating the
				  staff member's name and title; or
(b) Posting the names, titles and pictures of
				  all staff who have contact with consumers in a location frequented by
				  consumers.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-54 - Right to work

Current through June, 2024
(a) Psychiatric
				  facilities and residential treatment facilities which provide long-term care
				  and treatment and on-site day activities shall establish policies and
				  procedures for the consumer's exercise of the right to work. Such policies and
				  procedures shall include mechanisms for:
(1)
				  Work at the facility for consumers as part of the treatment program
				  offered;
(2) The right to refuse to
				  work;
(3) Ensuring that when work
				  is performed by a consumer, that the work is:
(A) Specified in the treatment plan with
				  measurable objectives to be reached within specified time frames and based on a
				  consumer's ability;
(B) Approved by
				  the staff member who has primary responsibility for the consumer's
				  treatment;
(C) Supervised by
				  appropriate staff;
(D) Not used as
				  a condition for privileges unrelated to the work or as a condition of release
				  from involuntary hospitalization.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-55 - Right to have visitors

Current through June, 2024
(a) Psychiatric
				  facilities and residential treatment facilities shall establish policies and
				  procedures for consumer's exercise of the right of consumers to have visitors,
				  which include:
(1) Daily visiting hours of
				  not less than one hour which apply to all consumers;
(2) The consumer's option not to see-any
				  visitor.
(3) Visits by the
				  consumer's legal guardian or legal representative are not to be limited at any
				  time:
(4) Limiting a consumer's
				  right to have visitors only if:
(A) The
				  consumer poses a danger to others;
(B) A visitor poses a danger to the consumer
				  or others or is disruptive to the program;
(C) A visitor refuses to be searched for
				  contraband, upon request when there is reasonable cause to believe the visitor
				  has contraband; or
(D) A voluntary
				  consumer agrees to a temporary limitation of the right as a condition of a
				  treatment program for which informed consent has been obtained.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-56 - Right to uncensored communication

Current through June, 2024
Psychiatric facilities and residential treatment
					 facilities shall have policies and procedures for the consumer's exercise of
					 the right to uncensored communication. Such policies and procedures shall
					 include:
(1) Daily telephone hours of
				  not less than one hour for placing and receiving telephone calls shall apply to
				  all consumers;
(2) No limitation on
				  placing telephone calls outside telephone hours to a consumer's lawyer or legal
				  representative;
(3) Limiting the
				  right to communicate by telephone only to prevent a consumer from:
(A) Being seriously hurt, physically or
				  mentally;
(B) Breaking a
				  law;
(C) Disrupting the facility;
				  or
(D) Harassing an individual who
				  has requested that the consumer be prevented from calling, provided that a
				  limitation of up to one week shall follow a verbal request, and provided
				  further that a limitation for more than one week shall require a Written
				  request.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-57 - Right of freedom from seclusion and restraint

Current through June, 2024
(a)
				  Psychiatric facilities and residential treatment facilities which use seclusion
				  or restraint shall:
(1) Use seclusion or
				  restraint only;
(A) When necessary to prevent
				  imminent harm to the consumer, others, or property when other means of control
				  are not appropriate or effective;
(B) When part of a consumer's treatment plan;
				  or
(C) When deemed necessary by a
				  psychiatrist or psychologist to protect the rights of other consumers or
				  staff.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-58 - Right to disclosure of prior treatment at involuntary commitment hearings

Current through June, 2024
(a) At any
				  commitment or recommitment hearing for involuntary outpatient treatment or
				  involuntary hospitalization, the petitioner shall ensure that the subject may
				  choose to exercise the right to disclosure of any prior treatment, including
				  what the treatment was, whether such treatment was with or without informed
				  consent, and any effect such treatment has or can be expected to have on the
				  current behavior or appearance of the subject, or that no treatment is known to
				  have been administered.
(b) Release
				  of information about treatment for substance abuse shall require prior written
				  informed consent by the subject.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-59 - Right to be informed of rights at time of admission

Current through June, 2024
(a) Psychiatric facilities and residential
				  treatment facilities shall:
(1) Provide the
				  consumer and the consumer's legal guardian, or attorney-in-fact, if any, a copy
				  of a summary of consumers' rights either on admission or no later than at the
				  time consent to the initial treatment plan is obtained;
(2) Place in the consumer's clinical record
				  an acknowledgment of receipt of the summary of rights signed by the consumer or
				  the consumer's legal guardian or attorney-in-fact;
(3) Post a summary of consumers' rights in an
				  area easily accessible to consumers;
(4) Verbally explain the consumer's rights to
				  the consumer or the consumer's legal guardian or attorney-in-fact, if any, in
				  an understandable manner, except:
(A) If a
				  consumer is temporarily unable to understand because of mental disability or
				  intoxication, documentation in the clinical record shall include why the
				  explanation was not provided;
(B)
				  Provide an explanation as soon as the consumer's ability to understand is
				  regained, but no less than two weeks from the time of admission and every 60
				  days thereafter, as necessary; and
(C) Document in the clinical record when
				  these explanations occur; or
(D) If
				  a consumer is not expected to regain the ability to understand, documentation
				  in the clinical record shall include justification for not providing an
				  explanation.
(5) Provide
				  staff members who have contact with consumers a copy of a summary of consumers'
				  rights, inform them, of their responsibility to protect consumers' rights, and
				  require a signed statement acknowledging receipt of the summary;
(6) Before voluntary admission to a
				  psychiatric facility or residential, treatment facility, inform the potential
				  consumer of any limitation, restriction or withholding of rights which is part
				  of the treatment program offered and obtain a signed agreement to this
				  condition of participation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS › Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 11-175-60 - Right to the least restrictive level of service

Current through June, 2024
Psychiatric facilities and residential treatment
					 facilities shall determine the least restrictive level of service for each
					 consumer and shall:
(1) Ensure that
				  documentation in a consumer's clinical record includes this determination;
				  and
(2) When a less restrictive
				  level of service is therapeutically appropriate, provide or refer the consumer
				  directly to the appropriate level of service.