DOCKET NO. R175.1-11-19
STATE OF HAWAII
DEPARTMENT OF HEALTH
ADULT MENTAL HEALTH DIVISION
NOTICE OF PUBLIC HEARING
Pursuant to sections 91-3 and 92-41, Hawaii Revised Statutes (HRS), the State of Hawaii, Department of Health, Adult Mental Health Division will receive written comments and hold a public hearing for the proposed repeal of Hawaii Administrative Rules (HAR), Title 11, Chapter 175, Mental Health and Substance Abuse System, and adoption of Title 11, Chapter 175.1 entitled Mental Health and Substance Use System. The proposed repeal and adoption of the rules will conform to current and best practices, and federal law.
The proposed new chapter of HAR Title 11-175.1 is entitled “Mental Health and Substance Use System” and includes the following sections:
11-175.1-1 Purpose
11-175.1-2 Definitions
11-175.1-3 to 11-175.1-4 (Reserved)
11-175.1-5 State council on mental health
11-175.1-6 Composition of council
11-175.1-7 Vacancies on the council
11-175.1-8 Designation of service areas
11-175.1-9 Service area
11-175.1-10 Service area boards
11-175.1-11 Composition of service area boards
11.175.1-12 Vacancies on the service area board
11-175.1-13 to 11.175.1-15 (Reserved)
11-175.1-16 General requirements for service delivery
11-175.1-17 Continuum of services
11-175.1-18 Locations of service delivery
11-175.1-19 Eligibility criteria service elements and standards
11-175.1-20 Discharge from psychiatric facility and residential treatment facilities
11-175.1-21 Additional standards for all services
11-175.1-22 Utilization management
11-175.1-23 Monitoring, evaluation, and accountability
11-175.1-24 to 11-175.1-27 (Reserved)
11-175.1-28 Planning needs assessment
11-175.1-29 Community-based planning
11-175.1-30 Statewide planning
11-175.1-31 to 11-175.1-35 (Reserved)
11-175.1-36 Interpreters
11-175.1-37 Right to a clinical record; access to the record
11-175.1-38 Right to informed consent to nonemergency treatment
11-175.1-39 Right of access to a grievance procedure
11-175.1-40 Right of access to personal funds and valuables
11-175.1-41 Civil rights
11-175.1-42 Right of access to written rules and regulations
11-175.1-43 Right of freedom from reprisal
11-175.1-44 Right of privacy, respect, and personal dignity
11-175.1-45 Right to a humane environment
11-175.1-46 Right to be free from discrimination
11-175.1-47 Right to a written treatment plan
11-175.1-48 Right to participate in treatment planning
11-175.1-49 Right to refuse nonemergency treatment
11-175.1-50 Right to refuse treatment
11-175.1-51 Right to refuse participation in experimentation
11-175.1-52 Right to choose a primary provider of psychiatric services
11-175.1-53 Right to a qualified, competent staff
11-175.1-54 Right to a medical examination before nonemergency treatment
11-175.1-55 Right to knowledge of rights withheld or removed by a court or by law
11-175.1-56 Right to physical exercise and recreation
11-175.1-57 Right to an adequate diet
11-175.1-58 Right to know names and titles of staff
11-175.1-59 Right to work
11-175.1-60 Right to have visitors
11-175.1-61 Right to uncensored communication
11-175.1-62 Right of freedom from seclusion and restraint
11-175.1-63 Right to be informed of rights at time of admission
11-l75.1-64 Right to the least restrictive level of service
11-175.1-65 Right to coordinated services
11-175.1-66 Right to prevocational and vocational programs in residential treatment facilities
11-175.1-67 Right to participation in operation, treatment planning, and evaluation of programs in residential treatment facilities
11-175.1-68 Psychiatric facility emergency examination and admission rights
11-175.1-69 Voluntary hospitalization rights
11-175.1-70 Involuntary hospitalization rights
11-175.1-71 Severability
11-175.1-72 to 11-175.1-80 (Reserved)
The Public Hearing will be held in Honolulu (live) at the Department of Health Building 1st Floor Conference Room, on Thursday, November 21, 2019 at 12:30 p.m. to 2:30 p.m., and at the following video conference centers:
Kakuhihewa Building, 601 Kamokila Boulevard, Room 167, Kapolei, Hawai`i
Lihue State Office Building, 3060 Eiwa Street, Lihue, Hawai`i
Wailuku State Office Building, 54 South High Street, Conference Center 3rd Floor, Maui, Hawai`i
Molokai Department of Health, 65 Makaena Place, Room 107, Molokai Hawai`i
Hilo State Office Building, 75 Aupuni Street, Basement, Hilo, Hawai`i
All interested persons shall be afforded an opportunity to submit testimony orally or in writing at the time of the hearing. Any persons desiring to give written testimony are asked to submit two (2) copies of their testimony to the presiding hearings officer at the public hearing or before the hearing at the address below. Written testimony will also be accepted until 4:30 p.m. on November 29, 2019 at:
Adult Mental Health Division
HAR 11-175.1
1250 Punchbowl Street, Room 256
Honolulu, Hawaii 96813
Copies of the proposed rule amendments are available for review at the above location from the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday (not including State holidays).
The proposed rule amendments are also available on the internet at:
http://health.hawaii.gov/opppd/proposed-changes-to-department-of-health-administrative-rules-title-11 or on the Lieutenant Governor’s website:
http://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes
(go to Title 11 Department of Health)
Copies of the rules proposed to be repealed and adopted will be mailed upon request and payment of a copying fee (5¢/page) and postage. Call (808) 453-6968 to request copies.
Special accommodations (i.e. sign language interpreter, large print, accessible parking) can be made for persons with disabilities, if requested at least five (5) working days before the scheduled public hearing by calling on Oahu (808) 453-6946.
Bruce S. Anderson, Ph.D.
Director of Health
State of Hawaii
(SA/HTH/WHT/TGI1239652 10/20/19)
