HRS §334-162
Rules for forcing medical treatment on a patient
This section explains the process for giving a patient in a state psychiatric facility medical treatment against their will. It lists the patient's rights during the process, including notice, a hearing, and an appeal. The process is not a formal contested case, and the department can make rules to carry it out.
state agencies
The statute, as written — Criteria for administrative authorization process
(a) A patient who is in the custody of the director and in a psychiatric facility may be ordered to receive medical treatment over the patient's objection through an administrative authorization process that includes the following due process safeguards: (1) The facility shall give notice to the patient of the authorization process and the reasons for initiating the process; (2) The administrative decision-maker, who shall be a psychiatrist with relevant clinical training and experience, and who is not involved with the current treatment of the patient, shall, after considering all relevant evidence, determine whether the criteria under section 334-161 are met; (3) The patient shall have the right to attend the hearing, receive assistance from an advisor, cross examine witnesses, and present testimony, exhibits, and witnesses; and (4) The patient shall have the right to appeal the decision of the administrative decision-maker. (b) The administrative process described by this section is exempt from the contested case requirements of sections 91-8.5 to 91-15. (c ) The department may adopt rules, pursuant to chapter 91, to effectuate this part.
Sections this one refers to
§334-161 When a patient can be forced to get treatment
§91-8.5 Mediation before a contested case hearing
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