(a) A patient who is in the custody of the director and in a psychiatric facility may be ordered to receive medical treatment over the patient’s objection through an administrative authorization process that includes the following due process safeguards:

Terms Used In Hawaii Revised Statutes 334-162

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Department: means the department of health. See Hawaii Revised Statutes 334-1
  • Director: means the director of health. See Hawaii Revised Statutes 334-1
  • Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
  • Psychiatric facility: means a public or private hospital or part thereof which provides inpatient or outpatient care, custody, diagnosis, treatment or rehabilitation services for mentally ill persons or for persons habituated to the excessive use of drugs or alcohol or for intoxicated persons. See Hawaii Revised Statutes 334-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Treatment: means the broad range of emergency, out-patient, intermediate, domiciliary, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, career counseling, and other special services which may be extended to handicapped persons. See Hawaii Revised Statutes 334-1
(1) The facility shall give notice to the patient of the authorization process and the reasons for initiating the process;
(2) The administrative panel shall consist of three members with relevant clinical training and experience, and who are not involved with the current treatment of the patient;
(3) The patient shall have the right to attend the hearing, receive assistance from an advisor, cross examine witnesses, and present testimony, exhibits, and witnesses; and
(4) The patient shall have the right to appeal the decision of the administrative panel.
(b) The administrative process described by this section is exempt from the contested case requirements of sections 91-8.5 to 91-15.
(c) The department may adopt rules, pursuant to chapter 91, to effectuate this part.

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