HOUSE OF REPRESENTATIVES
H.B. NO.
1394
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"[Underlined: §321- ] [Underlined: Use of restraint or seclusion limited; minors; vulnerable adults.] [Underlined: (a) No hospital or other medical facility shall restrain or subject to seclusion a minor or vulnerable adult patient, except:]
[Underlined: (1)] [Underlined: When:]
[Underlined: (A)] [Underlined: Necessary to prevent injury to the patient or others;]
[Underlined: (B)] [Underlined: Part of a treatment plan; or ]
[Underlined: (C)] [Underlined: Necessary to preserve the rights of others; and]
[Underlined: (2)] [Underlined: Only after other less intrusive interventions have:]
[Underlined: (A)] [Underlined: Failed; or ]
[Underlined: (B)] [Underlined: Been determined to be inappropriate for the patient; ]
[Underlined: provided that the restraint or seclusion shall only be used for as long as the danger from not using the restraint or seclusion persists.]
[Underlined: (b) No physical restraint may be imposed on any patient that is threatening to the life of the patient, including physical restraint that may restrict breathing.]
[Underlined: (c) As used in this section:]
[Underlined: "Chemical restraint" means a drug or medication administered to a patient to control behavior or restrict freedom of movement; provided that the term does not include a drug or medication that is:]
[Underlined: (1)] [Underlined: Prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional's authority under state law, for the standard treatment of a patient's medical or psychiatric condition; and]
[Underlined: (2)] [Underlined: Administered as prescribed by a licensed physician or other qualified health professional acting under the scope of the professional's authority under state law.]
[Underlined: "Mechanical restraint" means the use of devices to restrict a patient's freedom of movement or ability to communicate in the patient's primary language or mode of communication.]
[Underlined: "Physical restraint" means a personal restriction, other than a chemical or mechanical restraint, that immobilizes or reduces the ability of a patient to move the patient's arms, legs, or head freely.]
[Underlined: "Restraint" means:]
[Underlined: (1)] [Underlined: A mechanical restraint;]
[Underlined: (2)] [Underlined: A chemical restraint; or]
[Underlined: (3)] [Underlined: A physical restraint.]
[Underlined: "Seclusion" means the confinement of a patient alone in a room or structure from which the patient is physically denied voluntary egress.]"[Underlined: ]
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Restraint; Seclusion; Minors; Vulnerable Adults; Hospitals; Medical Facilities
Description:
Prohibits hospitals and medical facilities from using mechanical, chemical, or physical restraints or seclusion on minors and vulnerable adult patients, except when necessary.
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