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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Upon written or oral application of any licensed physician, advanced practice registered nurse, psychologist, attorney, member of the clergy, health or social service professional, or any state or county employee in the course of employment, a judge may issue a written or oral ex parte order:
(1) Stating that there is probable cause that the individual is:
(A) Mentally ill or suffering from substance abuse; and
(B) Imminently dangerous to self or others;
(2) Stating the findings upon which the conclusion is based; and
(3) Directing that a law enforcement officer take the individual into custody and transport the individual directly to a psychiatric facility or other facility designated by the director for an emergency examination.
The person who made the application shall notify a mental health emergency worker of the written or oral ex parte order and, when possible, shall coordinate the transport of the individual with the emergency worker.
(b) If an application under subsection (a) was made orally, the person who made the application shall reduce the application to writing and submit it to the judge who issued the ex parte order by noon of the next court day after the order was issued. The written application shall be made under penalty of law but need not be sworn to before a notary public. If the judge issued an ex parte order orally, the judge shall reduce the oral order to writing by the close of the next court day after the order was issued. The written ex parte order shall be transmitted with the individual to the psychiatric facility or other facility designated by the director and be made a part of the individual's clinical record.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 334-43 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-334-43/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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