§327G-8 Limitations on applicability of advance mental health care directive. (a) A supervising health care provider, health care provider, or health care institution may subject the principal to mental health treatment in a manner contrary to the principal's preferences and instructions as expressed in an advance mental health care directive only:
(1) When a court order under part 3 of article V of chapter 560 contradicts the principal's preferences and instructions as expressed in the advance mental health care directive; or
(2) In cases of emergency when the principal poses an imminent threat to the safety of self or others.
(b) Neither an advance mental health care directive nor this chapter limits any authority either to take an individual into custody or to admit, retain, or treat an individual in a health care institution pursuant to part IV of chapter 334. [L 2004, c 224, pt of §2]
Structure Hawaii Revised Statutes
327G. Advance Mental Health Care Directives
327G-3 Advance mental health care directive; designation of agent.
327G-4 Revocation of advance mental health care directive.
327G-5 Authority and duty of agent; limitations on liability.
327G-6 Withdrawal of agent; rescission of withdrawal.
327G-7 Presumption of capacity; determination of lack of capacity; recovery of capacity.
327G-8 Limitations on applicability of advance mental health care directive.
327G-10 Obligations of health care providers; limitations on liability.