PART I. GENERAL AND ADMINISTRATIVE PROVISIONS

 

§334-1  Definitions.  As used in thischapter unless otherwise indicated by the context:

"Administrator" means the person incharge of a public or private hospital.

"Admission procedures" mean thevarious methods for admission of mentally ill persons or of persons habituatedto the excessive use of drugs or alcohol to public and private psychiatricfacilities.

"Authorized absence" means absence ofa patient from a psychiatric facility for any period of time with permission.

"Community mental health center"means one or more facilities which alone or in conjunction with otherfacilities, public or private, are part of a coordinated program providing avariety of mental health services principally for persons residing in acommunity or communities in or near which the center is located.

"Conservator" shall have the meaningprovided in section 560:5-102.

"Court" means any duly constitutedcourt and includes proceedings, hearings of per diem judges as authorized bylaw.

"Dangerous to others" means likely todo substantial physical or emotional injury on another, as evidenced by arecent act, attempt or threat.

"Dangerous to property" meansinflicting, attempting or threatening imminently to inflict damage to anyproperty in a manner which constitutes a crime, as evidenced by a recent act,attempt or threat.

"Dangerous to self" means the personrecently has threatened or attempted suicide or serious bodily harm; or theperson recently has behaved in such a manner as to indicate that the person isunable, without supervision and the assistance of others, to satisfy the needfor nourishment, essential medical care, shelter or self-protection, so that itis probable that death, substantial bodily injury, or serious physicaldebilitation or disease will result unless adequate treatment is afforded.

"Department" means the department ofhealth.

"Director" means the director ofhealth.

"Discharge" means the formaltermination on the records of a psychiatric facility of a patient's period oftreatment at the facility.

"Gravely disabled" means a conditionin which a person, as a result of a mental disorder, (1) is unable to providefor that individual's basic personal needs for food, clothing, or shelter; (2)is unable to make or communicate rational or responsible decisions concerningthe individual's personal welfare; and (3) lacks the capacity to understandthat this is so.

"Guardian" shall have the meaningprovided in section 560:5-102.

"Health care operations" means theservices and activities conducted by an institution, facility, or agencylicensed, certified, or otherwise authorized or permitted by law to providemedical or health services in the ordinary course of business, including casemanagement and care coordination, quality assessment and improvementactivities, medical reviews, and administrative activities.

"Health care provider" means anindividual or entity licensed, certified, or otherwise authorized or permittedby law to provide medical or health services in the ordinary course of businessor practice of a profession.

"Incapacitated person" shall have themeaning provided in section 560:5-102.

"Interested person" means aninterested, responsible adult, including but not limited to a public official,the legal guardian, spouse, parent, legal counsel, adult child, or next of kinof a person allegedly mentally ill, mentally deficient or suffering fromsubstance abuse or as otherwise provided in Article I of chapter 560.

"Intoxicated person" means a personwho is deprived of reasonable self-control because of intake of alcohol orbecause of any substance which includes in its composition volatile organicsolvents.

"Judge" means any judge of the familycourt or per diem judge appointed by the chief justice as provided in section604-2.

"Licensed physician" means aphysician or surgeon licensed by the State to practice medicine, including aphysician and surgeon granted a limited and temporary license under section453-3(1), (2), and (5) or a resident physician and surgeon granted a limitedand temporary license under paragraph (4) thereof, or a medical officer of theUnited States while in this State in the performance of the medical officer'sofficial duties.

"Mental health" means a state ofsocial, psychological, and physical well-being, with capacity to functioneffectively in a variety of social roles.

"Mentally ill person" means a personhaving psychiatric disorder or other disease which substantially impairs theperson's mental health and necessitates treatment or supervision.

"Obviously ill" means a condition inwhich a person's current behavior and previous history of mental illness, ifknown, indicate a disabling mental illness, and the person is incapable ofunderstanding that there are serious and highly probable risks to health andsafety involved in refusing treatment, the advantages of accepting treatment,or of understanding the advantages of accepting treatment and the alternativesto the particular treatment offered, after the advantages, risks, andalternatives have been explained to the person.

"Patient" means a person underobservation, care, or treatment at a psychiatric facility.

"Person suffering from substanceabuse" means a person who uses narcotic, stimulant, depressant, orhallucinogenic drugs or alcohol to an extent which interferes with the person'spersonal, social, family, or economic life.

"Protected person" shall have themeaning provided in section 560:5-102.

"Psychiatric facility" means a publicor private hospital or part thereof which provides inpatient or outpatientcare, custody, diagnosis, treatment or rehabilitation services for mentally illpersons or for persons habituated to the excessive use of drugs or alcohol orfor intoxicated persons.

"Special treatment facility" means apublic or private facility which provides a therapeutic residential program forcare, diagnosis, treatment or rehabilitation services for emotionallydistressed persons, mentally ill persons or persons suffering from substance abuse.

"Therapeutic living program" means asupervised living arrangement that provides mental health or substance abuseservices for individuals or families who do not need the structure of a specialtreatment facility and are transitioning from a more restrictive treatmentsetting to independent living.  The program aids residents in meeting basicneeds and provides supportive services through a required service plan.

"Treatment" means the broad range ofemergency, out-patient, intermediate, domiciliary, and inpatient services andcare, including diagnostic evaluation, medical, psychiatric, psychological, andsocial service care, vocational rehabilitation, career counseling, and otherspecial services which may be extended to handicapped persons.

"Treatment summary" means a record ofinformation including present history and physical examination, mental statusexamination, emergency department record, intake evaluation, eligibilitydetermination, current medication list and prescription history, treatmentplan, consultant reports, diagnosis and problem lists, recent laboratory anddiagnostic testing, clinical or discharge summaries, and dischargeinstructions, or any combination of such information.  "Unauthorizedabsence" means absence of a patient from a psychiatric facility for anyperiod of time without permission. [L 1967, c 259, pt of §1; HRS §334-1; am L1968, c 6, §2; am L 1969, c 153, §1; am L 1973, c 93, pt of §2; am L 1976, c130, §1(1), (2); am L 1977, c 76, §1; am L 1979, c 228, §2; am L 1984, c 94, §1;am L 1985, c 75, §1; gen ch 1985; am L 1986, c 335, §1 and c 339, §43; am L1997, c 220, §1; am L 2004, c 161, §7; am L 2008, c 98, §1]

 

Law Journals and Reviews

 

  For description of procedure under chapter, see Thou ShaltNot Commit, Samuel P. King, 5 HBJ 46.

 

Case Notes

 

  In light of the definition of "dangerous to self"under this section, person's refusal to take medications and person's racistremarks to strangers constituted insufficient evidence to support familycourt's finding that person was imminently and substantially dangerous toperson's self.  102 H. 528 (App.), 78 P.3d 341.