2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
327G. Advance Mental Health Care Directives
§327G-8 Limitations on applicability of advance mental health care directive.
[§327G-8] Limitations on applicability of advance mental health care directive. (a) A supervising health care provider, health care provider, or health care institution may subject the principal to mental health treatment in a manner contrary to the principal's preferences and instructions as expressed in an advance mental health care directive only:
(1) When a court order under part 3 of article V of chapter 560 contradicts the principal's preferences and instructions as expressed in the advance mental health care directive; or
(2) In cases of emergency when the principal poses an imminent threat to the safety of self or others.
(b) Neither an advance mental health care directive nor this chapter limits any authority either to take an individual into custody or to admit, retain, or treat an individual in a health care institution pursuant to part IV of chapter 334. [L 2004, c 224, pt of §2]
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