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



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



(2)  Collaborative and
cooperative services with public and private agencies and groups for the
prevention and treatment of mental or emotional disorders and substance abuse
and rehabilitation of patients;



(3)  Consultation services
to the judiciary, to educational institutions, and to health and welfare
agencies;



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



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



(6)  Community-based, relevant, and responsive
outpatient services;



(7)  Community residential
care comprising a comprehensive range of small, homelike, and appropriately
staffed treatment and rehabilitation facilities;



(8)  Short-term psychiatric
treatment, preferably in facilities where access to other health and medical
services are readily available;



(9)  Intensive
psychiatric treatment for patients in need of long-term, highly structured, or
highly specialized care and treatment under section 334-2.5, and provision of
appropriate community resources;



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



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



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



(c)  The department shall specifically:



(1)  Perform statewide assessments of the need for
prevention, treatment, and rehabilitation services in the areas of mental or
emotional disorders and substance abuse;



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



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



(4)  Ensure statewide and
community-based planning for the ongoing development and coordination of the
service delivery system as guided by needs assessment data and performance
related information;



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



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



(7)  Ensure community
involvement in determining the service delivery arrangements appropriate to
each community of the State;



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



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



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



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



(12)  Advocate patients'
rights in all psychiatric facilities in the State and investigate any grievances
submitted to the department by any patient in a psychiatric facility, except as
provided in section 334E-2(d).  The department shall establish rules and
procedures 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 of
accountability for all services provided, funds expended, and activities
carried out under its direction or support in accordance with sound business,
management, and scientific principles;



(14)  Coordinate mental health resources in each county
of the State by the development and presentation of a comprehensive integrated
service area plan developed by the service area administrator in conjunction
with the service area board.  The service area administrator and the service
area board, in collaboration with private and public agencies serving their
population, shall submit recommendations for the statewide comprehensive
integrated service plan, including needs assessment, program planning, resource
development, priorities for funding, monitoring, and accountability activities;



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



(16)  Provide staffing to the
state council and service area boards to assist in the performance of their
functions. [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, c
79, §2]