§334-129 Failure to comply with assisted community treatment. (a) A treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization may prescribe or administer to the subject of the order reasonable and appropriate medication or medications, if specifically authorized by the court order, and treatment that is consistent with accepted medical standards and the family court order, including the written treatment plan submitted pursuant to section 334-126(g).
(b) No subject of the order shall be physically forced to take medication under a family court order for assisted community treatment unless the subject is within an emergency department or admitted to a hospital, subsequent to the date of the current assisted community treatment order.
(c) A subject may be transported to a designated mental health program, or a hospital emergency department, for failure to comply with an order for assisted community treatment via the following methods:
(1) By an interested party with the consent of the subject of the order; or
(2) In accordance with section 334-59.
(d) The designated mental health program's treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization or designee of the psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization shall make all reasonable efforts to solicit the subject's compliance with the prescribed treatment. If the subject fails or refuses to comply after the efforts to solicit compliance, the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization shall assess whether the subject of the order meets criteria for admission to a psychiatric facility under part IV of this chapter, and proceed with the admission pursuant to section 334-59(a)(2) or (3); provided that the refusal of treatment shall not, by itself, constitute a basis for involuntary hospitalization.
(e) Notice of any transport or admission under this section shall be provided pursuant to section 334-59.5. [L 1984, c 251, pt of §1; am L 2013, c 221, § §15, 24; am L 2016, c 114, § §4, 6; am L 2017, c 88, §7; am L 2018, c 144, §13; am L 2021, c 58, §6]
Structure Hawaii Revised Statutes
334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism
334-2.5 Contracts for facilities and services.
334-3 Functions of department in mental health.
334-3.5 Employment program for the chronically mentally ill established.
334-4 Personnel for mental health program.
334-5 Confidentiality of records.
334-6 Fees; payment of expenses for treatment services.
334-7 Donations or grants to department.
334-10 State council on mental health.
334-12 Bilingual mental health services.
334-13 Representative payee program.
334-14 Group homes for substance abusers; source of funds; disposition of receipts.
334-15 Mental health and substance abuse special fund; established.
334-16 Annual report; forensic patient data.
334-21 Licensing of psychiatric facilities.
334-23 Money belonging to patients.
334-24 Admission; discharge; civil liability.
334-59 Emergency examination and hospitalization.
334-59.5 Notice of admissions, examinations, and hospitalizations.
334-60.1 Voluntary admission for nonemergency treatment or supervision.
334-60.2 Involuntary hospitalization criteria.
334-60.3 Initiation of proceeding for involuntary hospitalization.
334-60.7 Notice of intent to discharge.
334-61 Presumption; civil rights.
334-62 Service of process and papers upon patients.
334-71 Transfer of patients between facilities.
334-74 Transfer of residents of correctional facilities.
334-76 OLD REPEALED. §334-76 Discharge from custody.
334-82 Order to show cause; guardian ad litem.
334-86 Status of patient pending hearing.
334-104 Least restrictive level of service.
334-106 License or accreditation required.
334-121 Criteria for assisted community treatment.
334-121.5 Examination for assisted community treatment indication.
334-123 Initiation of proceeding for assisted community treatment.
334-123.5 Appointment of a guardian ad litem.
334-128 Treatment costs and fees.
334-129 Failure to comply with assisted community treatment.
334-130 Period of assisted community treatment.
334-131 Notice of intent to discharge.
334-132 Objection to discharge.
334-133 Petition for additional period of treatment; hearing.
334-134 Hearing for discharge.
334-143 Notice of hearing and service of petition on respondent.
334-144 Hearing and court order.
334-145 Treatment costs, fees, and costs for petition process.