Haw. Code R. § 11-175-49 - Right to a medical examination before nonemergency treatment

(a) Psychiatric facilities shall provide a physical examination of the consumer unless that consumer refuses to have a physical examination. Such examination shall include determining if the consumer has a previously unrecognized and undiagnosed organic disease, medical illness or evidence of substance abuse specifically related to the consumer's psychiatric symptoms which may either cause or exacerbate the symptoms significantly. If the consumer is known to the facility from a previous hospitalization and a physical examination including such determination occurred within the preceding twelve months, no examination shall be required. The physical examination shall be provided:

(1) Before nonemergency treatment is initiated but no later than 24 hours after admission; or

(2) As soon as possible after emergency treatment, but in no event later than 72 hours after admission; and

(3) Prior to administration of any medication.

(b) Residential treatment facilities shall ensure that a consumer has had a physical examination within twelve months and that the examination included screening to determine if psychiatric symptoms are present and possible physical causes of these symptoms. A report of the examination shall be on file within 21 days of admission.

(c) Refusal to submit to a physical examination shall be construed as a refusal of nonemergency treatment.

Notes

Haw. Code R. § 11-175-49

[Eff. and comp DEC 30 1988; Comp OCT19 2007] (Auth: HRS § 321-9) (Imp: HRS § 334E-2)