(a) A patient who has been committed to a psychiatric facility for involuntary hospitalization or who is in the custody of the director and residing in a psychiatric facility may be ordered to receive treatment over the patient’s objection, including the taking or application of medication, if the court, or administrative panel through the administrative authorization process established pursuant to section 334-162, finds that:

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Terms Used In Hawaii Revised Statutes 334-161

  • Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
  • 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

  • Director: means the director of health. See Hawaii Revised Statutes 334-1
  • Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
  • 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
  • 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
(1) The patient suffers from a physical or mental disease, disorder, or defect;
(2) The patient is imminently dangerous to self or others;
(3) The proposed treatment is medically appropriate; and
(4) After considering less intrusive alternatives, treatment is necessary to forestall the danger posed by the patient.
(b) For the purposes of this section, “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.