Sections
Part I General and Administrative Provisions 334-1 – 334-16
Part II Operation of Psychiatric Facilities 334-21 – 334-24
Part III State Hospital–Repealed 334-31
Part IV Admission to Psychiatric Facility 334-51 – 334-62
Part V Transfer, Leave, and Discharge 334-71 – 334-76
Part VI Appeal and Review 334-81 – 334-86
Part VII Community Residential Treatment System 334-101 – 334-106
Part VIII Assisted Community Treatment 334-121 – 334-134
Part IX Civil Commitment for Substance Abuse Outpatient Treatment 334-141 – 334-148
Part X Administration of Treatment Over the Patient’s Objection 334-161 – 334-162

Terms Used In Hawaii Revised Statutes > Chapter 334 - Mental Health, Mental Illness, Drug Addiction, and Alcoholism

  • Accredited educational institution: means a university or college accredited by the Western Association of Schools and Colleges or a comparable regional body. See Hawaii Revised Statutes 453D-1
  • Active candidate status: means documentation of eligibility to take the American Board of Genetic Counseling or its equivalent certification examinations. See Hawaii Revised Statutes 451K-1
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: means the person in charge of a public or private hospital. See Hawaii Revised Statutes 334-1
  • Administrator of the state procurement office: means the chief procurement officer for the governmental bodies of the executive branch of the State, other than the University of Hawaii, department of education, the several counties, and those governmental bodies administratively attached thereto. See Hawaii Revised Statutes 103D-1201
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • 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.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means the American Association for Marriage and Family Therapy. See Hawaii Revised Statutes 451J-1
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized absence: means absence of a patient from a psychiatric facility for any period of time with permission. See Hawaii Revised Statutes 334-1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Behavioral health crisis center: means a facility that is specifically designed and staffed to provide care, diagnosis, or treatment for persons who are experiencing a mental illness or substance use disorder crisis. See Hawaii Revised Statutes 334-1
  • Behavioral medicine: means therapy techniques including biofeedback, relaxation training, hypnosis, mindfulness-based stress reduction, and cognitive therapy. See Hawaii Revised Statutes 455-1
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the board of naturopathic medicine. See Hawaii Revised Statutes 455-1
  • Clinical supervision: includes but is not limited to:

         (1)  Case consultation on the assessment and presenting problem;

         (2)  Development and implementation of treatment plans;

         (3)  Enhancement of the supervisee's counseling techniques and treatment evaluation skills; and

         (4)  Evaluation of the course of treatment. See Hawaii Revised Statutes 453D-1

  • Common diagnostic procedures: means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, taking of health history, physical examination, radiography, laboratory medicine, and obtaining samples of human tissue as authorized as a minor office procedure. See Hawaii Revised Statutes 455-1
  • Community mental health center: means one or more facilities which alone or in conjunction with other facilities, public or private, are part of a coordinated program providing a variety of mental health services principally for persons residing in a community or communities in or near which the center is located. See Hawaii Revised Statutes 334-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing education courses: means courses approved by the American Association for Marriage and Family Therapy, American Association for Marriage and Family Therapy:  Hawaii Division, American Psychological Association, Hawaii Psychological Association, National Association of Social Workers, or National Board for Certified Counselors and Affiliates, Inc. See Hawaii Revised Statutes 451J-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous to others: means likely to do substantial physical or emotional injury on another, as evidenced by a recent act, attempt or threat. See Hawaii Revised Statutes 334-1
  • Dangerous to self: means the person recently has:

         (1)  Threatened or attempted suicide or serious bodily harm; or

         (2)  Behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, including treatment for a mental illness, shelter or self-protection, so that it is probable that death, substantial bodily injury, or serious physical debilitation or disease will result unless adequate treatment is afforded. See Hawaii Revised Statutes 334-1

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 453D-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 455-1
  • Department: means the department of health. See Hawaii Revised Statutes 334-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 451J-1
  • Department: means the department of health. See Hawaii Revised Statutes 451K-1
  • Dependent: A person dependent for support upon another.
  • Diagnosis: means using all recognized and accepted physical and laboratory diagnostic procedures including the taking of blood for diagnostic purposes. See Hawaii Revised Statutes 455-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 453D-1
  • Director: means the director of health. See Hawaii Revised Statutes 334-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 451J-1
  • Director: means the director of health. See Hawaii Revised Statutes 451K-1
  • Discharge: means the formal termination on the records of a psychiatric facility of a patient's period of treatment at the facility. See Hawaii Revised Statutes 334-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing services for any governmental body. See Hawaii Revised Statutes 103D-104
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ethics courses: include ethics theory, ethical reasoning, ethical principles, ethical dilemmas, and professional ethics. See Hawaii Revised Statutes 451J-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Excess property: means any property which has a remaining useful life but which is no longer required by the using agency in possession of the property. See Hawaii Revised Statutes 103D-1201
  • Family member: means any individual who is a member of the immediate family of the person who is the subject of the petition, including spouse, child, parent, grandparent, or any related individual who resides in the same household as the individual who is the subject of the petition. See Hawaii Revised Statutes 334-141
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Genetic counseling practice: includes :

         (1)  Obtaining and interpreting individual, family, medical, developmental, and reproductive histories;

         (2)  Determining the mode of inheritance and risk of transmission of genetic conditions and birth defects;

         (3)  Discussing the inheritance, features, natural history, means of diagnosis, and management of these conditions;

         (4)  Identifying, coordinating, interpreting, and explaining genetic laboratory tests and other diagnostic studies;

         (5)  Assessing psychological factors and recognizing social, educational, and cultural issues related to having or being at risk for genetic conditions;

         (6)  Evaluating the client's or family's responses to the genetic condition or risk of having the genetic condition, and providing client-centered counseling and anticipatory guidance;

         (7)  Communicating information to their clients in an understandable manner;

         (8)  Facilitating informed decision-making about testing, treatment, and management;

         (9)  Identifying and effectively using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and

        (10)  Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals. See Hawaii Revised Statutes 451K-1

  • Genetic counselor: means a person licensed under this chapter who engages in genetic counseling practice. See Hawaii Revised Statutes 451K-1
  • Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 103D-104
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care provider: means an individual or entity licensed, certified, or otherwise authorized or permitted by law to provide medical or health services in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 334-1
  • Homeopathic: means minute doses of substances that have been highly diluted and shaken according to standardized pharmaceutical methods. See Hawaii Revised Statutes 455-1
  • Hygiene and immunization: means the use of preventative techniques including personal hygiene, asepsis, public health, and, to the extent allowed by rule, immunizations. See Hawaii Revised Statutes 455-1
  • Imminently dangerous to self or others: means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days. See Hawaii Revised Statutes 334-1
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Judge: means any judge of the family court or per diem judge appointed by the chief justice as provided in § 604-2. See Hawaii Revised Statutes 334-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensed genetic counselor: means an individual who holds a license in good standing to practice genetic counseling under this chapter. See Hawaii Revised Statutes 451K-1
  • licensed marriage and family therapist: means a person who uses the title of marriage and family therapist or licensed marriage and family therapist, who has been issued a license under this chapter, and whose license is in effect and not revoked or suspended at the time in question. See Hawaii Revised Statutes 451J-1
  • Licensed mental health counselor: means a person:

         (1)  Who engages in the practice of mental health counseling and uses the title of licensed mental health counselor;

         (2)  Who has been issued a license under this chapter; and

         (3)  Whose license is in effect and not revoked or suspended. See Hawaii Revised Statutes 453D-1

  • Licensed physician: means a physician or surgeon licensed by the State to practice medicine, including a physician and surgeon granted a limited and temporary license under § 453-3(1), (2), and (5) or a resident physician and surgeon granted a limited and temporary license under paragraph (4) thereof, or a medical officer of the United States while in this State in the performance of the medical officer's official duties. See Hawaii Revised Statutes 334-1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mental health: means a state of social, psychological, and physical well-being, with capacity to function effectively in a variety of social roles. See Hawaii Revised Statutes 334-1
  • Minor office procedures: means care and procedures relative to superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures not including the eye; and the topical and parenteral use of substances consistent with the practice of naturopathic medicine, in accordance with rules established by the board. See Hawaii Revised Statutes 455-1
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Naturopathic formulary: means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, hormones, and those legend drugs consistent with naturopathic medical practice. See Hawaii Revised Statutes 455-1
  • Naturopathic medicine: means the practice of the art and science of diagnosis, prevention, and treatment of disorders of the body by support, stimulation, or both, of the natural processes of the human body. See Hawaii Revised Statutes 455-1
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonexpendable property: means all property having a unit cost and useful life which is set by rules adopted by the policy board. See Hawaii Revised Statutes 103D-1201
  • Nutrition and food science: means the prevention and treatment of disease or other human conditions through the use of diet. See Hawaii Revised Statutes 455-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Outpatient treatment: includes any substance abuse treatment provided through individual or group therapy, day or partial day programs, and intensive day treatment and which does not require the individual to reside on a twenty-four-hour basis in the facility for more than three days to benefit from the treatment program. See Hawaii Revised Statutes 334-141
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parenteral therapy: means the administration of substances by means other than through the gastrointestinal tract, including intravenous, subcutaneous and intramuscular injection. See Hawaii Revised Statutes 455-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
  • Petitioner: means the family member who applies to the court for an order to require an individual to enter into an outpatient treatment program. See Hawaii Revised Statutes 334-141
  • Physical modalities: means use of physical, chemical, electrical, and other means, including but not limited to heat, cold, air, light, including lasers, water in any of its forms, sound, massage, and therapeutic exercise. See Hawaii Revised Statutes 455-1
  • Policy board: means the procurement policy board created in § 103D-201. See Hawaii Revised Statutes 103D-104
  • Practice of mental health counseling: includes but is not limited to:

         (1)  The assessment, diagnosis, and treatment of, and counseling for, mental and emotional disorders;

         (2)  The assessment, diagnosis, and treatment of, and counseling for, substance abuse and conduct disorders defined in the approved diagnostic and statistical manual for mental disorders;

         (3)  The application of educational techniques aimed at the prevention of these disorders; and

         (4)  The provision of consultative services to individuals, couples, families, groups, organizations, and communities. See Hawaii Revised Statutes 453D-1

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
  • Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 103D-104
  • Property: means all goods, including equipment, materials, supplies, land, buildings, and other improvements to the land, also non-tangible items such as patents, inventions, and copyrights. See Hawaii Revised Statutes 103D-1201
  • 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
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Radiography: means the ordering of radiographic diagnostic and other imaging studies, including but not limited to computed tomography scans, x-rays, magnetic resonance imaging, positron emission tomography scans, and ultrasounds. See Hawaii Revised Statutes 455-1
  • Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Respondent: means the individual who is eighteen years of age or older who is the subject of the petition for a court order to require the individual to enter into an outpatient treatment program. See Hawaii Revised Statutes 334-141
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special treatment facility: means a public or private facility which provides a therapeutic residential program for care, diagnosis, treatment or rehabilitation services for emotionally distressed persons, mentally ill persons or persons suffering from substance abuse. See Hawaii Revised Statutes 334-1
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Surplus property: includes obsolete, scrap, and nonexpendable property that has completed its useful life cycle. See Hawaii Revised Statutes 103D-1201
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Unauthorized absence: means absence of a patient from a psychiatric facility for any period of time without permission. See Hawaii Revised Statutes 334-1
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • Using agency: means any governmental body which utilizes any goods, services, or construction procured under this chapter. See Hawaii Revised Statutes 103D-104