Report Title:
Health Care Settings
Description:
Allows the DOH to license special treatment facilities and therapeutic living programs and replaces enabling legislation for rehabilitation in homes with provisions for clean and sober homes as a permitted use in residential zones. (HB682 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
682 |
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TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO A CONTINUUM OF HEALTH CARE SETTINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This Act shall be known as the "Continuum of Health Care Settings Act of 2005". The legislature finds that there is a need to ensure the availability of appropriate settings for persons recovering from substance abuse and wishes to establish a continuum of such settings within the community that would be consistent with current and existing laws. This Act clarifies current law relating to settings for persons requiring therapeutic or rehabilitative services and care, including persons recovering from substance abuse.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Clean and sober homes. (a) For purposes of this section, "clean and sober homes" means houses that are shared by unrelated adult persons who are recovering from substance abuse, who share household expenses, and do not require twenty-four- hour supervision, rehabilitation, or therapeutic services or care in or on the premises. These homes shall meet all applicable laws, codes, and rules of the counties and State.
(b) A clean and sober home shall be considered a residential use of property and shall be a permitted or conditional use in residential-designated zones, including but not limited to zones for single-family dwelling."
SECTION 3. Chapter 321, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§321- Special treatment facilities. (a) All special treatment facilities shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.
(b) The director shall adopt rules in accordance with chapter 91 regarding special treatment facilities that shall be designed to:
(1) Provide a therapeutic residential program for care, diagnosis, treatment, or rehabilitation for socially or emotionally distressed persons, mentally ill persons, persons suffering from substance abuse, and developmentally disabled persons. Special treatment facilities shall include a short-term crisis residential program or a long-term residential treatment program;
(2) Comply with applicable federal laws and regulations; and
(3) Provide penalties for the failure to comply with any rule.
(c) For the purposes of this section:
"Long-term residential" means a residential treatment program for persons whose duration of stay exceeds thirty days.
"Short-term crisis residential" means a residential treatment program for persons who are in crisis and whose duration of stay is less than thirty days.
"Socially or emotionally distressed persons" means an individual who is experiencing psychiatric symptoms that may be acute or chronic in nature, which require therapeutic or rehabilitative services.
§321- Therapeutic living programs. (a) All therapeutic living programs shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.
(b) The director shall adopt rules in accordance with chapter 91 regarding therapeutic living programs, which shall be designed to:
(1) Comply with applicable federal laws and regulations; and
(2) Include penalties for the failure to comply with any rule.
(c) For the purposes of this section, "therapeutic living program" means a supervised living arrangement that provides mental health, substance abuse, or supportive services for individuals or families who do not need the structure of a special treatment facility and are transitioning to independent living. A "therapeutic living program" aids residents in meeting basic needs and provides supportive services through a required service plan."
SECTION 4. Act 44, Session Laws of Hawaii 2004, is amended by repealing section 22.
["SECTION 22. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§
(b) No drug rehabilitation home under subsection (a) shall be permitted unless a public information meeting is first held in the affected community by the department of health.
(c) For purposes of this section, "drug rehabilitation home" means any facility that accommodates no more than ten unrelated persons and is operated by a community-based nonprofit agency licensed by the department of health, whose purpose is to facilitate the development of residential supportive living homes for persons in recovery from substance abuse. Drug rehabilitation homes include "clean and sober homes" that provide a structured environment of clean and sober living conditions to sustain recovery and "transitional living homes" that provide a supervised structured environment of clean and sober living conditions to sustain recovery.""]
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2020.