Hawaii House Bill HB1122

Hawaii 2024 Regular Session

• Introduced: 1/25/23
• Refer: 1/30/23

Caption

Relating To Health.

Impact

The proposed amendment to Section 334-59 of the Hawaii Revised Statutes outlines that if a psychiatrist or an advanced practice registered nurse identifies that a patient is mentally ill or in imminent danger, they are empowered to direct hospitalization. Furthermore, it stipulates that patients must be informed of their rights upon admission, including the ability to contact family members or legal representatives. This aligns with broader healthcare practices that prioritize patient rights and autonomy, especially in vulnerable situations where individuals may lack decisional capacity.

Summary

House Bill 1122 seeks to enhance the care and treatment of individuals suffering from serious mental illnesses or substance abuse by implementing requirements for emergency hospitalizations. Specifically, the bill mandates that patients who are subject to emergency hospitalization undergo assessments to determine if a surrogate or guardian is necessary for making healthcare decisions on their behalf. This legislative change is aimed at ensuring that patients receive timely and appropriate care, which is crucial in emergency situations involving mental health crises.

Contention

There may be debates regarding the implementation of these provisions, particularly concerning the balance between expedient care and patients' rights to privacy and family involvement. Some stakeholders might argue that while protecting patients' rights is essential, the requirement for guardianship assessments could delay necessary treatments in emergency settings. Additionally, there could be discussions on whether the presence of a surrogate or guardian is always beneficial or if it could complicate care decisions when immediate action is required.