§334-3  Functions of department in mentalhealth.  (a)  The department of health within the limits of available fundswithin the designated programs, shall promote and provide for the establishmentand operation of a community-based mental health system responsive to the needsof persons of all ages, ethnic groups, and geographical areas of the State,reflective of an appropriate distribution of resources and services, andmonitored and evaluated in terms of standards, goal attainment, and outcomes. The elements of the system shall be defined by departmental rules recognizingthe need for at least the following services:

(1)  Informational and educational services to thegeneral public and to lay and professional groups;

(2)  Collaborative andcooperative services with public and private agencies and groups for theprevention and treatment of mental or emotional disorders and substance abuseand rehabilitation of patients;

(3)  Consultation servicesto the judiciary, to educational institutions, and to health and welfareagencies;

(4)  Case management,outreach, and follow-up services;

(5)  Emergency crisis andnoncrisis intervention services accessible to all residents;

(6)  Community-based, relevant, and responsiveoutpatient services;

(7)  Community residentialcare comprising a comprehensive range of small, homelike, and appropriatelystaffed treatment and rehabilitation facilities;

(8)  Short-term psychiatrictreatment, preferably in facilities where access to other health and medicalservices are readily available;

(9)  Intensivepsychiatric treatment for patients in need of long-term, highly structured, orhighly specialized care and treatment under section 334-2.5, and provision ofappropriate community resources;

(10)  Training programs,activities, and staffing standards for the major mental health disciplines andancillary services; and

(11)  Rehabilitative servicesfor hospital and community-based individuals who have experienced short- orlong-term mental or emotional disorders and substance abuse.

(b)  The departmentshall revise, refine, and develop the system to ensure optimal responsivenessto the many and varied needs of the people of the State.  The development ofthe system shall be based on an annual statewide comprehensive integrated serviceplan that is the cumulative result of comprehensive integrated service areaplanning within each county.  The statewide plan shall determine the specificcontent of the department of health budget for the mental health system.

(c)  The department shall specifically:

(1)  Perform statewide assessments of the need forprevention, treatment, and rehabilitation services in the areas of mental oremotional disorders and substance abuse;

(2)  Adopt rules pursuant tochapter 91 for establishing the number and boundaries of the geographicalservice areas for the delivery of services in the areas of mental or emotionaldisorders and substance abuse.  The department shall periodically review theeffectiveness of the geographical service areas in promoting accessibility andcontinuity of appropriate care to all residents of that geographical area;

(3)  Appoint a service areaadministrator in each county who shall be responsible for the development,delivery, and coordination of services in that area;

(4)  Ensure statewide andcommunity-based planning for the ongoing development and coordination of theservice delivery system as guided by needs assessment data and performancerelated information;

(5)  Establish standards andrules for psychiatric facilities and their licensing, where applicable;

(6)  Establish standards andrules for services in the areas of mental health and substance abuse treatment,including assurances of the provision of minimum levels of accessible serviceto persons of all ages, ethnic groups, and geographical areas in the State;

(7)  Ensure communityinvolvement in determining the service delivery arrangements appropriate toeach community of the State;

(8)  Cooperate with publicand private health, education, and human service groups, agencies, andinstitutions in establishing a coordinated system to meet the needs of personswith mental or emotional disorders and substance abuse difficulties;

(9)  Evaluate and monitorall services in the fields of mental health and substance abuse where such servicesare supported fully or in part by state resources;

(10)  Promote and conductresearch, demonstration projects, and studies concerned with the nature,prevention, intervention, and consequences of mental or emotional disorders andsubstance abuse;

(11)  Keep records,statistical data, and other information as may be necessary in carrying out thefunctions of the mental health system and this chapter;

(12)  Advocate patients'rights in all psychiatric facilities in the State and investigate any grievancessubmitted to the department by any patient in a psychiatric facility, except asprovided in section 334E-2(d).  The department shall establish rules andprocedures for the purpose of this paragraph within one year after January 1,1985, and post the rules in a conspicuous manner and accessible place;

(13)  Promote and conduct a systematic program ofaccountability for all services provided, funds expended, and activitiescarried out under its direction or support in accordance with sound business,management, and scientific principles;

(14)  Coordinate mental health resources in each countyof the State by the development and presentation of a comprehensive integratedservice area plan developed by the service area administrator in conjunctionwith the service area board.  The service area administrator and the servicearea board, in collaboration with private and public agencies serving theirpopulation, shall submit recommendations for the statewide comprehensiveintegrated service plan, including needs assessment, program planning, resourcedevelopment, priorities for funding, monitoring, and accountability activities;

(15)  Oversee and coordinate service area programs andprovide necessary administrative and technical assistance to assist service areaprograms in meeting their program objectives; and

(16)  Provide staffing to thestate council and service area boards to assist in the performance of theirfunctions. [L 1967, c 259, pt of §1; HRS §334-3; am L 1982, c 200, §2;am L 1984, c 218, §3; am L 1985, c 6, §2; am L 1999, c 119, §3; am L 2004, c79, §2]