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SB709
THE SENATE
S.B. NO.
709
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO MENTAL HEALTH
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that the State has several tools and programs to assist
individuals who have untreated severe mental illnesses, including court-ordered
plans of treatment, known in Hawaii as "assisted community treatment"
orders; involuntary commitments to the state hospital or a similar facility;
court-ordered medication; and department of health crises programs.
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The legislature further finds that there are
areas for improvement in these programs, especially as available resources and
needs change over time.
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Accordingly,
the purpose of this Act is to:
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(1)
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Require the department of health to
track and publicly report data relating to crisis reports, emergency mental
health transports, and court-ordered and administratively authorized treatments;
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(2)
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Require the department of health, or a
contracted service provider, to review reports of a person having severe mental
illness who needs assistance; assess whether the person fulfills the criteria
for assisted community treatment; and, if the person meets the criteria,
coordinate the process for an assisted community treatment order;
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(
3)
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Establish that a court's denial of a
petition for involuntary commitment shall serve as notification to the
department of health that the person who was the subject of the petition should
be evaluated for assisted community treatment; and
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(4)
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Appropriate funds to the department of
health.
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SECTION
2.
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Chapter 334, Hawaii Revised Statutes,
is amended as follows:
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1.
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By adding a new section to part I to be appropriately designated and to
read:
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�334-A
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Data concerning persons experiencing a
mental health crisis; reports.
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(a)
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The department shall track data on reports of persons experiencing a
mental health crisis and the response to these persons by the department,
service providers contracted by the department pursuant to section 334-B(d), or
another department or private provider coordinating with the department
pursuant to section 334-B(a).
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(b)
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The department shall publish a
report on the department's website on the data collected pursuant to subsection
(a).
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The reports shall be updated at
least monthly and shall include the number of:
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(1)
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Crisis reports, disaggregated by
county, made to a department hotline, crisis line, or other means for the
public to contact the department, including through department-contracted
service providers, and the disposition of the reports;
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(2)
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Persons transported for emergency
examination pursuant to section 334-59, disaggregated by type of transport,
length of time in the emergency room, disposition of the matter, and the county
in which the facility where the person was transported is located;
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(3)
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Assisted community treatment
examinations performed prior to discharge pursuant to section 334-121.5, and
the disposition of the evaluations;
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(4)
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Assisted community treatment
petitions filed pursuant to section 334-123, category of the petitioner,
whether the attorney general assisted with the petition, disposition of the
petition, length of time to disposition, and number of persons currently under
an assisted community treatment order;
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(5)
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Court orders for treatment over the
patient's objection sought pursuant to section 334-161, disposition of the
orders sought, and number of patients currently under a court order for
treatment;
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(6)
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Administrative authorizations for treatment over the patient's objection
sought pursuant to section 334‑162, disposition of the authorization
sought, and number of patients currently under an administrative authorization
for treatment; and
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(7)
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Involuntary hospitalization
petitions filed pursuant to section 334-60.3, disposition of the petitions,
length of time to disposition, and number of patients currently under an
involuntary hospitalization petition.
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(c)
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Every licensed physician; psychiatrist;
psychologist; advanced practice registered nurse with prescriptive authority
who holds an accredited national certification in an advanced practice
registered nurse psychiatric specialization; hospital; psychiatric facility; or
petitioner for an order for involuntary hospitalization, authorization for
treatment over the patient's objection, or assisted community treatment; shall
provide to the department the information tracked under this section; provided
that the persons or entities involved may coordinate among each other to
provide a single report of the event to the department.
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The reports and information shall be
submitted to the department in the manner, time, and form prescribed by the
department.
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2.
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By adding a new section to part VIII to be
appropriately designated and to read:
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334-B
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Department response to crisis reports.
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(a)
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When the department receives credible information that a person having a
severe mental illness requires assistance, the department shall dispatch staff
to assist the person.
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The department may
coordinate the response with other departments or private service providers as
necessary.
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This requirement shall apply
to communications received by any means by which the public may contact the
department, including through a department hotline, crisis line, or other
means, and shall apply to communications received through department-contracted
service providers.
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(b)
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While
assisting a person pursuant to subsection (a), the department staff or
responder from another department or private
service
provider coordinating with the
department shall assess whether the person meets the criteria for assisted
community treatment pursuant to section 334-121.
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If, upon assessment, the department
reasonably believes that the person meets the criteria for assisted community
treatment, the department shall coordinate:
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(1)
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Completion of an examination pursuant to section 334‑121.5;
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(2)
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Preparation of a certificate specified by section 334‑123; and
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(3)
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Filing, with assistance from the department of the attorney general, a
petition for an assisted community treatment order pursuant to section 334-123;
provided that the certificate and
petition shall not be required if an assisted community treatment order is not
indicated by the examination; provided further that the examination,
certificate preparation, and filing of the petition may be completed by the
department or by another department or private
service
provider coordinating with the
department pursuant to subsection (a), in which case the department shall not
be required to be the petitioner.
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(c)
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Notwithstanding subsection (b), if the department is unable to
coordinate the process for an assisted community treatment order, the
department may notify another mental health program for the coordination of care
in the community for the person.
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(d)
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The department
may contract with a service provider to fulfill the requirements of this
section.
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SECTION
3
.
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Section 334-60.5, Hawaii Revised Statutes, is
amended by amending subsection (i) to read as follows:
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"(i)
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If after hearing all relevant evidence, including the result of any
diagnostic examination ordered by the court, the court finds that an individual
is not a person requiring medical, psychiatric, psychological, or other
rehabilitative treatment or supervision, the court shall order that the
individual be discharged if the individual has been hospitalized prior to the
hearing.
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Within twenty-four hours of
the denial of a petition for involuntary commitment, the court shall provide
notice to the department of the petition's denial, which shall serve as
notification to the department that the individual who was the subject of the
petition should be assessed for assisted community treatment.
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If, upon assessment, the department
reasonably believes the individual meets the criteria for assisted community
treatment, the department shall coordinate the completion of an evaluation, preparation
of a certificate, and filing of a petition pursuant to section 334-B(b).
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SECTION
4.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of $2,250,000 or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 for:
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(1)
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Procurement of software;
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(2)
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Preparation of the department of
health's website for data collection and publication of data reports regarding
responses to mental health crisis;
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(3)
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Establishment of one
full-time
equivalent (1.0 FTE) coordinator position;
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(4)
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Establishment of one
full-time
equivalent (1.0 FTE) data position; and
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(5)
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Establishment of one
full-time
equivalent (1.0 FTE) epidemiologist position.
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The
sums appropriated shall be expended by the department of health for the
purposes of this Act.
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SECTION
5.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 for the development
and implementation of statewide media, education, and training activities for
policies related to emergency examination and hospitalization and assisted
community treatment for individuals in need of mental health intervention.
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The
sums appropriated shall be expended by the department of health for the
purposes of this Act.
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SECTION
6.
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In codifying the new sections added
by section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.
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SECTION
7.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 8.
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This Act shall take effect on July 1, 2025.
INTRODUCED
BY:
_____________________________
Report Title:
DOH;
Mental Health; Assisted Community Treatment; Emergency Examination and
Hospitalization; Training and Education; Report; Expenditure Ceiling; Appropriations
Description:
Requires
the Department of Health to track and publicly report certain data relating to
crisis reports, emergency mental health transports, and court-ordered
treatments.
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Requires DOH to respond to
reports about persons having severe mental illness who are in need of
assistance, assess whether those persons fulfill criteria for assisted
community treatment, and coordinate the process for an assisted community
treatment order if indicated.
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Establishes that a court's denial of a petition for involuntary commitment
shall serve as notification to DOH that the subject of the petition should be
evaluated for assisted community treatment.
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Appropriates moneys.
The summary description
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not legislation or evidence of legislative intent.