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HB1394 • 2026

RELATING TO HEALTH.

RELATING TO HEALTH.

Children Healthcare
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
PIERICK
Last action
2025-12-08
Official status
Carried over to 2026 Regular Session.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide details on the specific conditions under which restraints are allowed or how long they can be used.

Rules About Restraints in Hospitals

This bill stops hospitals from using restraints like straps, drugs to control behavior, or keeping patients alone in rooms without a good reason.

What This Bill Does

  • Prohibits hospitals and medical facilities from using mechanical, chemical, or physical restraints on minors and vulnerable adult patients unless necessary.
  • Requires that less intrusive methods be tried before using any type of restraint.
  • Defines what 'chemical restraint', 'mechanical restraint', 'physical restraint', and 'seclusion' mean in the context of patient care.

Who It Names or Affects

  • Hospitals and medical facilities
  • Minors and vulnerable adult patients

Terms To Know

Chemical restraint
A drug or medication used to control behavior or restrict movement, but not for treating a patient's medical condition.
Mechanical restraint
Using devices like straps that limit a person’s ability to move freely.
Physical restraint
Restricting someone's movement by holding them or using other methods, not involving drugs or mechanical devices.
Seclusion
Placing a patient alone in a room where they cannot leave on their own.

Limits and Unknowns

  • The bill does not change rights and duties that existed before it was approved.
  • It only applies to hospitals and medical facilities, not other types of care settings.

Bill History

  1. 2025-12-08 D

    Carried over to 2026 Regular Session.

  2. 2025-01-27 H

    Referred to HLT, JHA, referral sheet 4

  3. 2025-01-23 H

    Introduced and Pass First Reading.

Official Summary Text

RELATING TO HEALTH.
Restraint; Seclusion; Minors; Vulnerable Adults; Hospitals; Medical Facilities
Prohibits hospitals and medical facilities from using mechanical, chemical, or physical restraints or seclusion on minors and vulnerable adult patients, except when necessary.

Current Bill Text

Read the full stored bill text
HB1394

HOUSE OF REPRESENTATIVES

H.B. NO.

1394

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to health
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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Chapter 321, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:

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�321-
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Use of restraint or seclusion limited;
minors; vulnerable adults.
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(a)
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No hospital or other medical facility shall
restrain or subject to seclusion a minor or vulnerable adult patient, except:

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(1)
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When:

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(A)
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Necessary
to prevent injury to the patient or others;

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(B)
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Part
of a treatment plan; or

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(C)
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Necessary
to preserve the rights of others; and

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(2)
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Only after other
less intrusive interventions have:

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(A)
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Failed;
or

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(B)
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Been
determined to be inappropriate for the patient;

provided that the restraint or seclusion shall only
be used for as long as the danger from not using the restraint or seclusion persists.

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(b)
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No physical restraint may be imposed on any
patient that is threatening to the life of the patient, including physical
restraint that may restrict breathing.

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(c)
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As used in this section:

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"Chemical restraint"
means a drug or medication administered to a patient to control behavior or
restrict freedom of movement; provided that the term does not include a drug or
medication that is:

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(1)
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Prescribed by a
licensed physician, or other qualified health professional acting under the
scope of the professional's authority under state law, for the standard
treatment of a patient's medical or psychiatric condition; and

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(2)
�
Administered as
prescribed by a licensed physician or other qualified health professional
acting under the scope of the professional's authority under state law.

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"Mechanical restraint"
means the use of devices to restrict a patient's freedom of movement or ability
to communicate in the patient's primary language or mode of communication.

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"Physical restraint"
means a personal restriction, other than a chemical or mechanical restraint,
that immobilizes or reduces the ability of a patient to move the patient's
arms, legs, or head freely.

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"Restraint" means:

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(1)
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A mechanical
restraint;

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(2)
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A chemical
restraint; or

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(3)
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A physical
restraint.

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"Seclusion" means the
confinement of a patient alone in a room or structure from which the patient is
physically denied voluntary egress.
"

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SECTION 2.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED
BY:

_____________________________

Report Title:

Restraint;
Seclusion; Minors; Vulnerable Adults; Hospitals; Medical Facilities

Description:

Prohibits
hospitals and medical facilities from using mechanical, chemical, or physical restraints
or seclusion on minors and vulnerable adult patients, except when necessary.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.