RESOLUTION

WHEREAS, mental illness, such as schizophrenia, bipolar disorder, obsessive compulsive disorder, and clinical depression are neurological disorders of the brain; and

WHEREAS, it is possible to recover from neurological disorders of the brain to the point of productive functionality; and

WHEREAS, part VIII of chapter 334, Hawaii Revised Statutes, provides for involuntary outpatient treatment by court order; and

WHEREAS, chapter 334E, Hawaii Revised Statues, also provides for the rights of recipients of mental health services and the Legislature remains firm in ensuring those rights and preventing abuses; and

WHEREAS, between these two extremes, the Legislature finds that those persons with neurological disorders of the brain who manage to function in daily life are being overlooked because, although they are functional enough to convince a court judge that they are not candidates for involuntary outpatient treatment, they are doing themselves harm by refusing treatment or by being victimized by their neurological disorder that leads them to make irrational decisions like refusing treatment, and are thereby preventing themselves from having fulfilling and productive lives; and

WHEREAS, it pains family members of persons with neurological disorders of the brain to witness their loved ones becoming victim to the destructiveness of alcoholism, substance abuse, malnutrition, and sleep deprivation because of their refusal of treatment; and

WHEREAS, these family members find themselves unable to force their loved ones into treatment because of their refusal and statutory rights and because of the fear of retaliatory alienation from their loved ones; and

WHEREAS, the Legislature finds that it is a matter of state concern that persons living with neurological disorders of the brain receive proper treatment that enables them to live productive lives; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-Third Legislature of the State of Hawaii Regular Session of 2005, the Senate concurring, that the Attorney General (AG) and the Department of Health (DOH) are requested to develop and adopt administrative rules and procedures to actively inform mental health professionals and individuals with neurological disorders of the brain and their family members, of the legal rights and options available to individuals with neurological disorders of the brain to ensure proper treatment; and

BE IT FURTHER RESOLVED that "actively inform" means to hold public meetings throughout the state, and to inform through multiple media formats such as booklets and public service announcements in television, radio, and in print such as newspapers, and over the internet, with the goal of informing as many members of the general population as possible, as well as all mental health professionals, individuals with neurological disorders of the brain and their family members, and caregivers; and

BE IT FURTHER RESOLVED that the AG and DOH are requested to work in conjunction with other pertinent groups such as the National Alliance for the Mentally Ill in order to more efficiently carry out its information campaign; and

BE IT FURTHER RESOLVED that the AG and the Director of Health are requested to submit a report on their progress, including statistics on the number of individuals informed by the campaign, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Attorney General, Director of Health, and the President of the National Alliance for the Mentally Ill.

Report Title:

Involuntary Outpatient Treatment; Attorney General