Haw. Code R. § 11-175-45 - Right to refuse nonemergency treatment

(a) Psychiatric facilities and residential treatment facilities shall establish policies and procedures for exercise of the right to refuse nonemergency treatment by consumers, except consumers ordered by a court to receive specific policies and procedures shall include mechanisms for:

(1) Not treating the consumer when informed consent to proposed nonemergency treatment is refused;

(2) Discontinuation of treatment when previously provided consent to nonemergency treatment is withdrawn. Verbally withdrawn consent shall be documented in the clinical record; and

(3) Proposing any appropriate and available alternative treatment, including alternative medications, whenever informed consent to proposed treatment is refused or withdrawn.

(b) When informed consent to proposed treatment is not obtained, the facility shall:

(1) Discharge the consumer; or

(2) Petition for, a guardian for the consumer if the consumer has been clinically determined not to have the capacity to make a decision regarding treatment and the consumer does not have a guardian or attorney-in-fact, and obtain consent from the guardian or attorney-in-fact before nonemergency treatment begins; or

(3) Obtain a specific court order for involuntary treatment if the consumer appears to have the capacity to make a decision regarding treatment and has been ordered by a court to involuntarily hospitalized

Notes

Haw. Code R. § 11-175-45

[Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 321-9) (Imp: HRS § 334E-2)