327G-1 Purpose
327G-2 Definitions
327G-3 Advance mental health care directive; designation of agent
327G-4 Revocation of advance mental health care directive
327G-5 Authority and duty of agent; limitations on liability
327G-6 Withdrawal of agent; rescission of withdrawal
327G-7 Presumption of capacity; determination of lack of capacity; recovery of capacity
327G-8 Limitations on applicability of advance mental health care directive
327G-9 Decisions by guardian
327G-10 Obligations of health care providers; limitations on liability
327G-11 Statutory damages
327G-12 Effect of copy
327G-13 Judicial relief
327G-14 Optional form

Terms Used In Hawaii Revised Statutes > Chapter 327G

  • Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused. See Hawaii Revised Statutes 304A-3010
  • Active state duty: means duty in the active military service of the State under an order of the governor issued under authority vested in the governor by law, and includes travel to and from such duty. See Hawaii Revised Statutes 304A-3010
  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 304A-3010
  • Advance mental health care directive: means a written document expressing preferences, instructions, or a power of attorney for mental health treatment. See Hawaii Revised Statutes 431:10-207
  • Agent: means a competent adult designated in a power of attorney contained in an advance mental health care directive to make a mental health care decision for the individual granting the power and includes all designated alternate agents. See Hawaii Revised Statutes 431:10-207
  • Best interests: means that the benefits to the principal resulting from a mental health treatment outweigh the burdens to the principal resulting from that treatment and includes:

         (1)  The effect of the mental health treatment on the physical, mental, emotional, and cognitive functions of the principal;

         (2)  The degree of physical and mental pain or discomfort caused to the principal by the mental health treatment or the withholding or withdrawal of that treatment;

         (3)  The degree to which the principal's medical condition, the mental health treatment, or the withholding or withdrawal of mental health treatment, results in a severe and continuing impairment;

         (4)  The effect of the mental health treatment on the life expectancy of the principal;

         (5)  The prognosis of the principal for recovery or remission, with and without the mental health treatment;

         (6)  The risks, side effects, and benefits of the mental health treatment or the withholding of mental health treatment; and

         (7)  The religious beliefs and basic values of the principal receiving mental health treatment known to the agent, to the extent that these may assist the agent in determining benefits and burdens. See Hawaii Revised Statutes 431:10-207

  • Capacity: means a principal's ability to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate a mental health care decision. See Hawaii Revised Statutes 431:10-207
  • Codes and standards: means nationally recognized minimum requirements that shall be met for design and construction to safeguard life, property, and the general welfare. See Hawaii Revised Statutes 304A-2689
  • Commanding officer: includes only commissioned officers. See Hawaii Revised Statutes 304A-3010
  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 304A-3010
  • Competent adult: means an individual eighteen years of age or older who has the capacity to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate mental health care decisions. See Hawaii Revised Statutes 431:10-207
  • Contractor: means any person furnishing construction for a public work under a contract with a governmental contracting agency, subcontractor, or any other person under a subcontract arrangement with any person who has a construction contract subject to this chapter. See Hawaii Revised Statutes 304A-2275
  • Council: means the state building code council. See Hawaii Revised Statutes 304A-2689
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 54-17
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 304A-2275
  • Department: means the department of accounting and general services. See Hawaii Revised Statutes 304A-2689
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 304A-2275
  • Duty status other than active state duty: means any time when members and units of the state military forces assemble for drill or other equivalent training, instruction, or duty or participate in field training, encampments, maneuvers, schools, conferences, cruises, or other similar duties as may be prescribed by the laws of the United States (including but not limited to title 32 of the United States Code) or of the State and any regulations issued thereunder, and includes travel to and from such duty. See Hawaii Revised Statutes 304A-3010
  • Emancipated minor: means an individual less than eighteen years of age who is deemed to be emancipated pursuant to section 577-25. See Hawaii Revised Statutes 431:10-207
  • Enlisted member: means a person in an enlisted grade. See Hawaii Revised Statutes 304A-3010
  • Governmental contracting agency: means the State, any county and any officer, bureau, board, commission, or other agency or instrumentality thereof. See Hawaii Revised Statutes 304A-2275
  • Governor: means the governor of the State. See Hawaii Revised Statutes 304A-3010
  • Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. See Hawaii Revised Statutes 304A-3010
  • Guardian: means a judicially appointed guardian or conservator having authority to make a mental health care decision for a principal, appointed under part 3 of article V of chapter 560. See Hawaii Revised Statutes 431:10-207
  • Hawaii state building codes: means the building codes and standards that the state building code council adopts under section 107-24. See Hawaii Revised Statutes 304A-2689
  • Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 431:10-207
  • Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 431:10-207
  • Hurricane resistant criteria: means the design criteria for enhanced hurricane protection areas that are capable of withstanding a five hundred-year hurricane event, as developed by the state department of defense for public shelter and residential safe room design criteria. See Hawaii Revised Statutes 304A-2689
  • Law officer: means an official of a general court-martial detailed in accordance with section 124A-45. See Hawaii Revised Statutes 304A-3010
  • Maritime: means the administration of chapter 266 by the department of transportation. See Hawaii Revised Statutes 124A-43
  • Mental health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a principal's mental condition, including:

         (1)  Selection and discharge of health care providers and institutions;

         (2)  Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication; and

         (3)  Approval or disapproval of electroconvulsive treatment. See Hawaii Revised Statutes 431:10-207

  • Mental health care decision: means a decision made by a principal or the principal's agent or guardian regarding the principal's mental health care or mental health treatment. See Hawaii Revised Statutes 431:10-207
  • Mental health treatment: means any form of treatment used for the treatment of mental illness, including but not limited to electroconvulsive treatment, the use of psychotropic medication, and admission to and retention in a health care facility for the care or treatment of mental illness. See Hawaii Revised Statutes 431:10-207
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 304A-3010
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Hawaii Revised Statutes 304A-3010
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 54-16
  • Officer: means commissioned or warrant officer. See Hawaii Revised Statutes 304A-3010
  • Overtime compensation: means compensation based on not less than one and one-half times the laborers or mechanics basic hourly rate of pay plus the cost to an employer of furnishing a laborer or mechanic with fringe benefits as described in the definition of "wages"; provided that if the department determines that a prevailing wage is defined by a collective bargaining agreement, the overtime compensation shall be at the rates set by the applicable collective bargaining agreement. See Hawaii Revised Statutes 304A-2275
  • Physician: means an individual authorized to practice medicine or osteopathy under chapter 453. See Hawaii Revised Statutes 431:10-207
  • Power of attorney: means the designation of an agent to make mental health care decisions for the principal granting the power. See Hawaii Revised Statutes 431:10-207
  • Principal: means a competent adult or emancipated minor who has executed a written advance mental health care directive or power of attorney for mental health care. See Hawaii Revised Statutes 431:10-207
  • Psychologist: means an individual authorized to practice psychology under chapter 465. See Hawaii Revised Statutes 431:10-207
  • Public work: means any project, including development of any housing pursuant to section 46-15 or chapter 201H and development, construction, renovation, and maintenance related to refurbishment of any real or personal property, where the funds or resources required to undertake the project are to any extent derived, either directly or indirectly, from public revenues of the State or any county, or from the sale of securities or bonds whose interest or dividends are exempt from state or federal taxes. See Hawaii Revised Statutes 304A-2275
  • Rank: means the order of precedence among members of the state military forces. See Hawaii Revised Statutes 304A-3010
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 431:10-207
  • State building construction: means any building construction project or program initiated by a state agency or requiring the use of state funds. See Hawaii Revised Statutes 304A-2689
  • State military forces: means the national guard of the State, as defined in section 101(3) of title 32, United States Code, the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 304A-3010
  • Supervising health care provider: means the primary physician or the physician's designee, or the health care provider or the provider's designee who has undertaken primary responsibility for a principal's health care, that includes mental health care. See Hawaii Revised Statutes 431:10-207
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101