Haw. Code R. § 11-175-66 - Voluntary hospitalization rights

Psychiatric facilities shall:

(1) Not consider an application for voluntary hospitalization as lacking volition because an individual agreed to hospitalization as a result of a court proceeding;

(2) Evaluate an individual's clinical suitability for voluntary admission based on criteria which include;

(A) That the individual has a condition which can benefit from inpatient treatment provided by the facility; and

(B) That appropriate alternatives to hospitalization were considered and adequate alternative treatment is not available or suitable.

(3) Verbally advise the consumer or the consumer's legal representative or legal guardian of. the right to terminate hospitalization at any time and the procedures to be followed. The notification shall be provided upon admission, followed up in writing, and shall be performed every six months thereafter;

(4) When a voluntary consumer, or the consumer's legal representative or legal guardian indicates a desire for discharge of the consumer, within 24 hours discharge the consumer or in accordance with section 334-60.1, HRS, initiate proceedings for involuntary hospitalization.

(5) When a consumer fifteen through seventeen years of age hospitalized as a result of countersigning an application for voluntary hospitalization informs the facility of a desire to object to further hospitalization, notify the consumer's parents, legal representative or legal guardian and discharge the consumer within 24 hours unless involuntary hospitalization proceedings in accordance with section 334-60.1, HRS, have been initiated.

(6) When a minor consumer hospitalized as a result of countersigning an application for voluntary hospitalization becomes eighteen years of age while hospitalized, notify the consumer that application for voluntary hospitalization may be made by the consumer; if such application is not made, discharge the consumer or notify the consumer that proceedings for involuntary hospitalization have been initiated, as appropriate.

(7) When a request for discharge is made by a consumer's legal representative or legal guardian on behalf of a voluntary consumer and the consumer was admitted as a result of the consumer's application, discharge the consumer only with the agreement of the consumer.

(8) When a voluntary consumer is determined to be no longer clinically suitable for hospitalization, discharge the consumer or, if reasons exist to delay discharge of the consumer specific to placement after discharge, with the consumer's consent or the consent of the consumer's empowered guardian, continue to hospitalize the consumer for up to 30 days.

(9) When a voluntary consumer leaves a facility against medical advice and remains away from the facility, not take any action to have the consumer returned to the facility, including notification of others, and discharge the consumer unless:

(A) There is reason to believe the consumer meets the criteria for involuntary hospitalization and this is documented in the consumer's clinical record, in which case initiate proceedings for emergency examination and hospitalization; or

(B) The consumer is a minor, or is a consumer who has a guardian or attorney in-fact empowered to make treatment decisions, in which case the parent or guardian or attorney-in-fact shall be notified with advise on possible action.

Notes

Haw. Code R. § 11-175-66

[Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 334-9) (Imp: HRS §§ 334-34; 334-60.1).