Haw. Rev. Stat. § 327E-13 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-13
Effect of this chapter.
Status: in_force

(a) This chapter shall not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health-care directive.

(b) Death resulting from the withholding or withdrawal of health care in accordance with this chapter shall not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary.

(c) This chapter shall not authorize mercy killing, assisted suicide, euthanasia, or the provision, withholding, or withdrawal of health care, to the extent prohibited by other statutes of this State; provided that this subsection shall not apply to actions taken under chapter 327L.

(d) This chapter shall not authorize or require a health-care provider or institution to provide health care contrary to generally accepted health-care standards applicable to the health-care provider or institution.

(e) This chapter shall not authorize an agent or surrogate to consent to the admission of an individual to a psychiatric facility as defined in chapter 334, unless the individual's written advance health-care directive expressly so provides.

(f) This chapter shall not affect other statutes of this State governing treatment for mental illness of an individual involuntarily committed to a psychiatric facility. [L 1999, c 169, pt of §1; am L 2000, c 42, §1; am L 2018, c 2, §4]
Haw. Rev. Stat. § 333F-5 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-5
Other systems within the developmental disability system.
Status: in_force

The department may create other systems as required to implement the services necessary for persons with developmental or intellectual disabilities.
Haw. Rev. Stat. § 323D-45 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-45
Subarea council, review panel, and statewide council recommendations for issuance or denial of certificates of need.
Status: in_force

(a) Except for an administrative review as provided in section 323D-44.5, or in an emergency situation or other unusual circumstances as provided in section 323D-44(c), the state agency shall refer every application for a certificate of need to the appropriate subarea council or councils, the review panel, and the statewide council. The subarea council and the review panel shall consider all relevant data and information submitted by the state agency, subarea councils, other areawide or local bodies, and the applicant, and may request from them additional data and information. The review panel shall consider each application at a public meeting and shall submit its recommendations with findings to the statewide council. The statewide council shall consider the recommendation of the review panel at a public meeting and shall submit its recommendations to the state agency within such time as the state agency prescribes. The statewide council and the review panel may join together to hear or consider simultaneously information related to an application for a certificate of need.

(b) At a public meeting in which a subarea council or the review panel considers an application for a certificate of need, any person shall have the right to be represented by counsel and to present oral or written arguments and evidence relevant to the application; any person directly affected by the application may conduct reasonable questioning of persons who make factual allegations relevant to the application; any staff member of the state agency may conduct reasonable questioning of persons who make factual allegations relevant to the application; and a record of the meeting shall be kept. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §14; am L 1984, c 267, §11; am L 1987, c 270, §12]
Haw. Rev. Stat. § 325-33 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-33
Performance of vaccination and immunization.
Status: in_force

Vaccinations or immunizations required of any person under this chapter shall be performed by duly licensed physicians or paramedical personnel under their direction, advanced practice registered nurses, physician assistants, pharmacists pursuant to chapter 461, or by authorized representatives of the department of health. A record of the immunization shall be maintained by the physician, physician assistant, advanced practice registered nurse, or pharmacist and shall be available to the department of education for school entry requirements and the department of health.
Haw. Rev. Stat. § 339D-23.1 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-23.1
Manufacturer recycling goals.
Status: in_force

(a) The department shall use the best available information to establish the weight of all electronic devices sold in the State, including the reports submitted pursuant to section 339D-23.3, state and national sales data, and other reliable commercially available, supplemental sources of information.

(b) No later than October 1, 2022, and annually thereafter, the department shall notify each manufacturer of its recycling obligation pursuant to subsection (c).

(c) Each manufacturer shall, at a minimum, collect and recycle electronic devices according to the following:

(1) Beginning January 1, 2023, the equivalent of fifty per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91;

(2) Beginning January 1, 2024, the equivalent of sixty per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91;

(3) Beginning January 1, 2025, the equivalent of sixty-three per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91;

(4) Beginning January 1, 2026, the equivalent of sixty-six per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91; and

(5) Beginning January 1, 2027, the equivalent of seventy per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91.

(d) A manufacturer may collect any electronic device to meet its recycling goal.

(e) A manufacturer may consider reused electronic devices toward achieving its recycling goals. [L 2022, c 151, pt of §1; am L 2025, c 162, §4]
Haw. Rev. Stat. § 342F-31 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-31
Rules; specific.
Status: in_force

The director may establish by rule:

(1) The control of vehicular noise; and

(2) Other specific areas for control of excessive noise, thereby allowing for varying conditions. [L 1989, c 212, pt of §3]
Haw. Rev. Stat. § 342B-73 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-73
[ §342B-73] Schedule of fees; establishment.
Status: in_force

[ §342B-73] Schedule of fees; establishment. The director may adopt rules pursuant to chapter 91 that specify a schedule of fees to be paid by the sources of greenhouse gas emissions regulated pursuant to this part. The revenues collected pursuant to this section shall be deposited into the clean air special fund established under section 342B-32 to be used for the purposes thereof.
Haw. Rev. Stat. § 324-2 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-2
Identification of persons studied; restriction.
Status: in_force

The department of health, or its designee, or any in-hospital staff committee shall use or publish this material only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality. In all events, the identity, or any group of facts which tends to lead to the identity, of any person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances .
Haw. Rev. Stat. § 329-35 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-35
Order to show cause.
Status: in_force

(a) If, upon examination of the application for registration from any applicant and other information gathered by the department regarding the applicant, the administrator is unable to make the determinations required by the applicable provisions of sections 329-32 and 329-33 and applicable rules to register the applicant, the administrator shall serve upon the applicant an order to show cause why the registration should not be denied.

(b) If, upon information gathered by the department regarding any registrant, the administrator determines that the registration of a registrant warrants suspension or revocation pursuant to section 329-34 or applicable rules, the department shall serve upon the registrant an order to show cause why the registration should not be revoked or suspended.

(c) The order to show cause shall call upon the applicant or registrant to:

(1) Appear before the department at a time and place stated in the order, which shall not be less than thirty days after the date of receipt of the order, to admit to the allegations in the order to show cause; or

(2) Request a hearing as provided in subsection (d).

The order to show cause shall also contain a statement of the legal basis for such hearing and the reasons that support the administrator's intent to deny the application, or the revocation or suspension of registration, and a summary of the matters of fact and law asserted.

(d) Upon receipt of an order to show cause, the applicant or registrant, if the registrant or applicant desires a hearing, shall file a request for a hearing with the department within thirty days after service of the order to show cause. Failure to request a hearing shall result in the automatic termination of the registrant's registration and in the case of a new application or renewal the unprocessed application shall be returned to the applicant.

(e) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Notwithstanding subsections (a) to (d), [the] department of public safety may suspend any registration simultaneously with the institution of proceedings under section 329-34, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the department of public safety or dissolved by a court of competent jurisdiction.

(e) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Notwithstanding subsections (a) to (d), [the] department of law enforcement may suspend any registration simultaneously with the institution of proceedings under section 329-34, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the department of law enforcement or dissolved by a court of competent jurisdiction.

(f) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety may subpoena and examine witnesses under oath upon all such charges as may be referred before it.

(f) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement may subpoena and examine witnesses under oath upon all such charges as may be referred before it. [L 1972, c 10, pt of §1; am L 1986, c 214, §5; am L 1990, c 281, §10; am L 2010, c 123, §5 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 342L-33 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-33
Release detection.
Status: in_force

The department, pursuant to chapter 91, shall adopt standards of performance for maintaining a release detection system, including, but not limited to, inventory control, tightness testing, and any other methods designed to identify releases from the underground storage tank or tank system in a manner consistent with the protection of human health and the environment.
Haw. Rev. Stat. § 323D-19 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-19
[ §323D-19] Prior authorization data; reporting.
Status: in_force

[ §323D-19] Prior authorization data; reporting. (a) Utilization review entities doing business in the State shall submit data to the state agency relating to prior authorization of health care services, in a format specified by the state agency. Reporting shall be annual for the preceding calendar year and shall be submitted no later than January 31 of the subsequent calendar year. The state agency shall post the format for reporting on its website no later than three months before the start of the reporting period.

(b) Protected health information as defined in title 45 Code of Federal Regulations section 160.103 shall not be submitted to the state agency unless:

(1) The individual to whom the information relates authorizes the disclosure; or

(2) Authorization is not required pursuant to title 45 Code of Federal Regulations section 164.512.

(c) The state agency shall compile the prior authorization data by provider of health insurance, health care setting, and line of business, and shall post a report of findings, including recommendations, on its website no later than March 1 of the year after the reporting period. If the state agency is unable to post the report of findings by March 1, the state agency shall notify the legislature in writing within ten days and include an estimated date of posting, reasons for the delay, and if applicable, a corrective action plan. [L 2025, c 151, pt of §2]
Haw. Rev. Stat. § 342D-110 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-110
Fine schedules for illegal discharges.
Status: in_force

(a) Any person who fails to comply with any requirement of this part shall be subject to the fines established by the department pursuant to subsection (b).

(b) The department shall by rule under chapter 91, establish fines for the failure to comply with any requirement of this part. [L 2005, c 217, pt of §1]
Haw. Rev. Stat. § 329-72 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-72
Rules.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] The department of public safety may adopt rules and assess reasonable fees relating to the registration and control of the sale, distribution, or possession of regulated chemicals under part VI of chapter 329.

§329-72 Rules. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] The department of law enforcement may adopt rules and assess reasonable fees relating to the registration and control of the sale, distribution, or possession of regulated chemicals under part VI of chapter 329. [L 2004, c 193, pt of §1 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 321-14 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-14
License to practice certain occupations.
Status: in_force

It shall be unlawful for any person to practice any of the occupations specified in section 321-13(a)(1) without a license so to do; any person wishing to obtain a license to engage in any of the specified occupations shall make application to the department of health, in accordance with such rules as shall be prescribed by the department under section 321-13, and any such application shall be accompanied by an examination fee for such license.
Haw. Rev. Stat. § 321-326 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-326
Rules.
Status: in_force

The director shall adopt rules necessary to carry out the purposes of this part, including the establishment of criteria to determine eligibility to participate in the services provided under this part.
Haw. Rev. Stat. § 339-7 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-7
Beverage container requirements.
Status: in_force

(a) No person in this State shall manufacture or import for sale in this State or offer for sale at wholesale in this State after July1, 1979, or sell for retail in this State after October1, 1979, any beverage in metal containers so designed and constructed that a part of the container is permanently detached in opening the container. However, nothing in this subsection shall prohibit the sale or offer for sale of a container the only detachable part of which is a piece of pressure sensitive tape.

(b) Failure to comply with the provisions of this section shall constitute a violation and shall carry a fine of $250. Each day of such failure shall constitute a separate violation. [L Sp 1977 1st, c 2, pt of §2; am L 1978, c 154, §1; am L 1979, c 70, §1; am L 1981, c 40, §1]
Haw. Rev. Stat. § 321-475 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-475
Use of domestic violence fatality review information and records.
Status: in_force

(a) Except as otherwise provided in this part, all information and records acquired by the department during its review of domestic violence fatalities pursuant to this part are confidential and shall only be disclosed as necessary to carry out the purposes of this part.

(b) Domestic violence fatality review information and statistical compilations of data that do not contain any information not previously publicly disclosed that would permit the identification of any person, shall be public records.

(c) An individual participating in the domestic violence fatality review of a victim's death shall not be questioned in any civil or criminal proceeding regarding information presented in or an opinion formed as a result of a domestic violence fatality review meeting. Nothing in this section shall be construed to prevent an individual from testifying to information obtained independently of the domestic violence fatality review of a victim's death, or which is public information, or where law or court order requires disclosure.

(d) Domestic violence fatality review information held by the department as a result of domestic violence fatality reviews conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that domestic violence fatality review information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because it was provided as required by this part.

(e) Information collected and recommendations derived from the review process shall be compiled for use in system reform efforts relating to the reduction of preventable deaths, near-deaths, and suicides resulting from domestic violence. [L 2006, c 82, pt of §1; am L 2015, c 203, §3]
Haw. Rev. Stat. § 342F-21 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-21
Priority in courts.
Status: in_force

All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State.
Haw. Rev. Stat. § 342D-83 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-83
Revolving fund; establishment, purposes, coordination.
Status: in_force

(a) There is established in the state treasury a fund to be known as the water pollution control revolving fund to be administered by the director. The revolving fund shall be administered, operated, and maintained to remain available in perpetuity for its stated purpose.

(b) The purpose of the revolving fund is to provide financial assistance to eligible parties for projects or activities to:

(1) Enable counties and state agencies to plan, design, and construct publicly owned wastewater treatment works in accordance with title 33 United States Code sections 1381 to 1387;

(2) Enable eligible parties to implement management programs established under title 33 United States Code section 1329;

(3) Enable eligible parties to implement conservation and management plans established under title 33 United States Code section 1330;

(4) Enable eligible parties to construct, repair, or replace a privately owned decentralized wastewater treatment system and individual wastewater system that treats municipal wastewater or domestic sewage under title 33 United States Code section 1383;

(5) Enable eligible nonprofit entities to provide assistance to small and medium sized publicly owned treatment works for training activities, planning, design, and associated preconstruction activities under title 33 United States Code section 1383;

(6) Enable eligible parties to manage, reduce, treat, or recapture stormwater or subsurface drainage water under title 33 United States Code section 1383;

(7) Enable eligible parties to develop and implement watershed projects meeting the criteria under title 33 United States Code section 1274;

(8) Enable counties and state agencies to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse under title 33 United States Code section 1383;

(9) Enable counties and state agencies to reduce the energy consumption needs for publicly owned treatment works under title 33 United States Code section 1383;

(10) Enable eligible parties to reuse or recycle wastewater, stormwater, or subsurface drainage water under title 33 United States Code section 1383; and

(11) Enable eligible parties to increase the security of publicly owned treatment works under title 33 United States Code section 1383. [L 1997, c 221, pt of §1; am L 2002, c 132, §6; am L 2016, c 240, §2]
Haw. Rev. Stat. § 328C-2 — HI Code / Division 1 / Title 19 / Chapter 328C / Section 328C-2
Exceptions to liability.
Status: in_force

(a) A charitable, religious, or nonprofit organization which in good faith receives pharmaceuticals or health care supplies, apparently fit for human consumption or external use, and distributes them to needy persons at no charge, shall not be liable for any civil damages or criminal penalties resulting from the use of the pharmaceuticals or health care supplies donated to needy persons unless an injury or illness results to those needy persons as a result of that organization's gross negligence or wanton acts or omissions.

(b) Any pharmacy, wholesale prescription drug distributor, pharmaceutical company, institutional facility, or practitioner that in good faith provides pharmaceuticals, including previously dispensed prescription drugs, and health care supplies to needy persons without remuneration or expectation of remuneration, shall be exempt from civil liability for injuries and damages resulting from their acts or omissions in providing pharmaceuticals and health care supplies, except for gross negligence, or wanton acts or omissions on the part of the pharmacy, wholesale prescription drug distributor, pharmaceutical company, institutional facility, or practitioner.

(c) Any donated, previously dispensed, prescription drug:

(1) Shall be in its dispensed, unopened, tamper-evident single user unit;

(2) Shall have remained at all times in the control of a person trained and knowledgeable in the storage and administration of drugs in institutional facilities;

(3) Shall not have been adulterated, misbranded, or stored under conditions contrary to standards established by the United States Pharmacopoeia or the product manufacturer; and

(4) Shall be used before the expiration date on the unit.

(d) This section shall not relieve any organization from any other duty imposed upon it by law for the inspection of donated pharmaceuticals or health care supplies or for any provisions regarding the handling of those products, or relieve any health care provider from liability arising out of the prescription of such pharmaceuticals or health care supplies.

(e) For purposes of this section:

"Needy person" means any natural person who lacks the means to obtain adequate or proper pharmaceuticals or health care supplies as determined by a practitioner at a Hawaii qualified health center established under section 346-41.5, to be in need of service.

"Pharmaceutical company" means any company that manufactures pharmaceuticals and health care supplies.

"Pharmaceuticals and health care supplies" means any medicine (prescription or nonprescription, excluding all controlled substances listed in chapter 329) or health care supplies such as soap, personal sanitary products, baby formula, dietary supplement, health care aids such as thermometers, surgical gloves, or bandages, or any other item that is customarily fit for human consumption or external use, before the expiration date stamped on the product, if any.

"Pharmacy" is as defined in chapter 461. [L 1997, c 337, pt of §2; am L 2001, c 207, §2; am L 2004, c 190, §§7, 11]
Haw. Rev. Stat. § 329-130 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-130
Authorized sources of medical cannabis.
Status: in_force

(a) A qualifying patient shall obtain medical cannabis or manufactured cannabis products only:

(1) From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purchase;

(2) By cultivating cannabis in an amount that does not exceed an adequate supply for the qualifying patient pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used to cultivate cannabis for not more than five qualifying patients; or

(3) From the qualifying patient's primary caregiver who cultivates cannabis in an amount that does not exceed an adequate supply for the qualifying patient pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used to cultivate cannabis for not more than five qualifying patients.

(b) A qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall be authorized to obtain cannabis for medical use only from retail dispensing locations of dispensaries licensed pursuant to chapter 329D. [L 2015, c 241, pt of §5; am L 2017, c 41, §4 and c 170, §2; am L 2018, c 116, §12; am L 2022, c 309, §3; am L 2025, c 46, §4]
Haw. Rev. Stat. § 323F-34 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-34
Tobacco and electronic smoking devices use prohibited.
Status: in_force

(a) Notwithstanding the less restrictive requirements of chapter 328J, the Hawaii health systems corporation shall prohibit the use of any tobacco product or electronic smoking device by any person on the premises of all facilities operated by the corporation within the State, to the extent not prohibited by federal law and regulation.

(b) Pursuant to section 89-9(d), the tobacco and electronic smoking device use prohibitions under this section shall not be subject to collective bargaining.

(c) The corporation shall prominently display signs stating that "tobacco and electronic smoking device use is prohibited" at all entrances to the corporation's health facilities and at other conspicuous locations throughout the outdoor premises of each health facility.

(d) For the purposes of this section:

"Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately.

"Premises" means all indoor and outdoor areas within the state-designated property boundary lines of each of the corporation's health facilities and shall include all employee and visitor parking lots.

"Tobacco or electronic smoking device use" does not include mere possession or storage of the same for use in locations outside the premises of the corporation's health facilities.

"Tobacco product" means any product made or derived from tobacco that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. [L 2016, c 25, §2]
Haw. Rev. Stat. § 321C-4 — HI Code / Division 1 / Title 19 / Chapter 321C / Section 321C-4
Additional obligations.
Status: in_force

(a) Each state agency and covered entity shall establish a plan for language access.

(b) Each state agency's plan for language access shall be established in consultation with the executive director and the state agency's coordinator for language access. State agencies receiving federal financial assistance that did not file an initial language access plan pursuant to former section 371-34(b) by July 1, 2007, shall file an initial language access plan with the executive director no later than July 1, 2013, and every two years thereafter. All other state agencies that did not file a language access plan pursuant to former section 371-34(b) by July 1, 2008, shall file a language access plan with the executive director no later than July 1, 2014, and every two years thereafter. Agencies that filed initial language access plans pursuant to former section 371-34(b) by July 1, 2007, and July 1, 2008, shall continue to file their plans with the executive director every two years thereafter.

(c) Each state agency shall designate a language access coordinator who shall establish and implement the plan for language access in consultation with the executive director and the language access advisory council. [L 2012, c 201, pt of §2]
Haw. Rev. Stat. § 342L-37 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-37
Underground storage tank and tank system change in service and closure requirements.
Status: in_force

Nothing in this chapter shall be construed to relieve the owners and operators of underground storage tanks and tank systems that have been removed from the ground of any responsibility to comply with the release response provisions in this chapter and any other requirements applicable to these owners and operators prior to the removal of the underground storage tanks or tank systems. The department, pursuant to chapter 91, shall adopt requirements for the change in service and temporary or permanent closure of underground storage tanks and tank systems, including requirements to prevent future releases of regulated substances into the environment.
Haw. Rev. Stat. § 334-105 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-105
Evaluation.
Status: in_force

An adequate proportion of funds shall be applied to the development and implementation of an appropriate evaluation mechanism. The department, in conjunction with the programs, shall specify the criteria to be used in the evaluation of each program and in the evaluation of the entire system.

By June 30, 1982, the department shall conduct or contract for the evaluation. Evaluation reports shall be transmitted to the legislature. [L 1980, c 221, pt of §2]
Haw. Rev. Stat. § 325-2 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-2
Physicians, laboratory directors, and health care professionals to report.
Status: in_force

Every physician or health care professional having a client affected by or suspected of being affected by a disease or condition declared to be communicable or dangerous to the public health by the director of health shall report the incidence or suspected incidence of such disease or condition to the department of health in writing or in the manner specified by the department of health. Every laboratory director having laboratory data regarding an individual affected by or suspected of being affected by a disease or condition declared to be communicable or dangerous to the public health shall report such diseases or conditions to the department of health in writing or in a manner specified by the health department; provided that the laboratory data reported to the department of health shall include the individual's complete demographic information, including name, date of birth, residential address, and phone number, obtained and confirmed at the time of specimen collection for the purposes of facilitating a public health investigation as necessary by the department of health. Every physician, laboratory director, or health care professional who violates this section may be fined in an amount not to exceed $1,000 per violation, to be assessed by the director of health. The director of health is authorized to impose the penalty pursuant to this section. [PC 1869, c 59, §24; am L 1911, c 125, §1; am L 1919, c 22, §1; RL 1925, §932, pt of §1022; RL 1935, §1090; am L 1943, c 43, §5(b); RL 1945, §2301; am L 1949, c 53, §29; RL 1955, §49-2; am L Sp 1959 2d, c 1, §19; HRS §325-2; gen ch 1985; am L 1987, c 265, §2; am L 1988, c 158, §1; am L 2016, c 115, §2]
Haw. Rev. Stat. § 342D-35 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-35
False statements.
Status: in_force

Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four years, or by both.
Haw. Rev. Stat. § 321-171.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-171.5
Employees of the department of health, its providers and subcontractors; background checks.
Status: in_force

(a) The department of health shall develop procedures for obtaining verifiable background check information regarding persons who are seeking employment, or seeking to serve as providers or subcontractors, in positions that place them in direct contact with adult, child, or youth clients when providing non-witnessed direct mental health or health care services. These procedures shall include but not be limited to background checks as defined in section 321-15.2.

(b) Except as otherwise specified, any person who seeks employment with the department of health, or who is employed or seeks employment with a provider or subcontractor in a position that necessitates non-witnessed direct contact with clients when providing non-witnessed direct mental health or health care services, shall:

(1) Be subject to background checks in accordance with section 321-15.2;

(2) Authorize the disclosure to the department or its designee of background check information; and

(3) Provide to the department of health or its designee written consent for the department or its designee to obtain background check information for verification.

Information obtained pursuant to subsection (a) and this subsection shall be used exclusively by the department of health for purposes of determining whether a person is suitable for working in a position that necessitates non-witnessed direct contact with clients when providing non-witnessed direct mental health or health care services. All such decisions shall be subject to federal laws and regulations currently or hereafter in effect.

(c) The department of health may refuse to employ or may terminate the employment of any employee or applicant for employment if:

(1) The person refuses to authorize the department or its designee to conduct a background check;

(2) The person refuses or fails to submit to the department or its designee information required to conduct a background check;

(3) The person has been convicted of an offense for which incarceration is a sentencing option; or

(4) The department of health finds by reason of the nature and circumstances of the background check information that the person poses a risk to the health, safety, or well-being of clients receiving non-witnessed direct mental health or health care services. Such refusal or termination may occur only after appropriate investigation, notification of results and planned action, and opportunity to meet and rebut the finding, all of which need not be conducted in accordance with chapter 91. Nothing in this subsection shall abrogate any applicable appeal rights under chapter 76 or 89.

(d) This section shall not be used by the department of health or its designee to secure background checks on persons who have been employed continuously on a salaried basis prior to July 1, 2015.

(e) Nothing in this section shall prohibit background checks on employees of all providers and subcontractors.

(f) The department or its designee, in obtaining and relying upon the background check information, shall be presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the background check information. The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department or its designee relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable.

(g) For purposes of this section:

"Provider" means any organization or individual that intends to enter into a contract with or is currently contracted by the department of health to provide direct mental health or health care services to the department's eligible clients.

"Subcontractor" means any organization or individual that enters into a contract or agreement with a provider to provide direct mental health or health care services to the department's eligible clients.

(h) Notwithstanding any other law to the contrary, the department of health shall be exempt from section 831-3.1 for purposes of this section and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91. [L 2003, c 95, §5; am L 2004, c 79, §1; am L 2012, c 285, §3; am L 2015, c 190, §2]
Haw. Rev. Stat. § 321-404 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-404
Public information monitoring system.
Status: in_force

Within the program, the department of health shall investigate foodhandling practices which appear to represent poor food safety techniques, and shall develop ways in which the public can gain information on food safety and can report practices which appear to represent poor food safety techniques.
Haw. Rev. Stat. § 334-106 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-106
License or accreditation required.
Status: in_force

Facilities operated pursuant to this part shall be licensed under existing licensing categories, including provisional licenses, or accredited pursuant to section 321-193(10). Facilities operated pursuant to section 334-103(1) or (2) to provide services to mentally ill adults shall be licensed, including provisional licenses. Facilities operated to provide services to mentally ill adults pursuant to section 334-103(3) or (4) shall be accredited rather than licensed. The director shall review the appropriateness of these licensing and accreditation categories. If the director determines that new licensing or accreditation categories are necessary, the director shall issue a report and recommendation to the legislature.
Haw. Rev. Stat. § 327G-9 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-9
Decisions by guardian.
Status: in_force

(a) A duly appointed guardian for the principal shall comply with the principal's preferences or instructions expressed in the advance mental health care directive and shall not revoke the principal's advance mental health care directive, unless otherwise expressly authorized by a court of competent jurisdiction.

(b) Absent a court order to the contrary, a mental health care decision of an agent takes precedence over that of a guardian.

(c) A mental health care decision made by a guardian for the principal is effective without judicial approval, unless contrary to the principal's preferences or instructions expressed in the advance mental health care directive. [L 2004, c 224, pt of §2; am L 2005, c 22, §16]
Haw. Rev. Stat. § 328-15 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-15
Drugs or devices deemed misbranded when; prescriptions excepted, when.
Status: in_force

A drug or device shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular, or if its labeling or packaging fails to conform with the requirements of section 328-19.1.

(2) If in package form, unless it bears a label containing:

(A) The name and place of business of the manufacturer, packer, or distributor; and

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label, provided that under this subparagraph reasonable variations shall be permitted, and exemptions as to small packages shall be allowed, in accordance with rules adopted by the director. An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count shall not be required for any commodity subject to packaging and labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act or the provisions of the eighth paragraph under the heading "Bureau of Animal Industry" of the Act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. §§151-158), commonly known as the Virus-Serum-Toxin Act.

(3) If any word, statement, or other information required by or under authority of this part to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(4) If it is for use by a person and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, cabromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphomethane, or any chemical derivative of such substance, which derivative, after investigation, has been found to be and designated as habit forming, by rules adopted by the director under this part, or by regulations issued pursuant to section 502(d) of the Federal Act, unless its label bears the name and quantity or proportion of the substance or derivative and in juxtaposition therewith the statement "Warning--May be habit forming."

(5) (A) If it is a drug unless:

(i) Its label bears, to the exclusion of any other nonproprietary name (except the applicable systematic chemical name or the chemical formula), the established name, as defined in subparagraph (B), of the drug, if such there be; and in case it is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein; provided that the requirement for stating the quantity of the active ingredients, other than the quantity of these specifically named in this paragraph, shall apply only to prescription drugs; and

(ii) For any prescription drug the established name of such drug or ingredient, as the case may be, on such label (and on any labeling on which a name for such drug or ingredient is used) is printed prominently and in type at least half as large as that used thereon for any proprietary name or designation for such drug or ingredient; provided further that to the extent that compliance with the requirements of this subparagraph is impracticable, exemptions shall be allowed under rules adopted by the director.

(B) As used in this paragraph, the term "established name", with respect to a drug or ingredient thereof, means:

(i) The applicable official name designated pursuant to section 508 of the Federal Act;

(ii) If there is no such name and the drug, or the ingredient, is an article recognized in an official compendium, then the official title thereof in the compendium; or

(iii) If neither clause (i) nor clause (ii) of this subparagraph applies, then the common or usual name, if any, of such drug or of the ingredient;

provided further that where clause (ii) of this subparagraph applies to an article recognized in the United States Pharmacopoeia, in the United States Pharmacopoeia Dispensing Information, and in the Homeopathic Pharmacopoeia under different official titles, the official title used in the United States Pharmacopoeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the Homeopathic Pharmacopoeia shall apply.

(6) Unless its labeling bears:

(A) Adequate directions for use; and

(B) Such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users; provided that where any requirement of subparagraph (A), as applied to any drug or device, is not necessary for the protection of the public health, the director shall adopt rules exempting the drug or device from such requirements; provided further that articles exempted under regulations issued under section 502(f) of the Federal Act may also be exempt.

(7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein; provided that the method of packaging may be modified with the consent of the director, or if consent is obtained under the Federal Act. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to the packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States and not to the United States Pharmacopoeia; provided that in the event of inconsistency between the requirements of this paragraph and those of paragraph (5) as to the name by which the drug or its ingredients shall be designated, the requirements of paragraph (5) shall prevail.

(8) If it has been found by the director to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the rules adopted by the director or regulations issued under the Federal Act require as necessary for the protection of public health. No such rule shall be established for any drug recognized in an official compendium until the director shall have informed the appropriate body charged with the revision of the compendium of the need for such packaging or labeling requirements and such body shall have failed within a reasonable time to prescribe such requirements.

(9) (A) If it is a drug and its container is so made, formed, or filled as to be misleading;

(B) If it is an imitation of another drug; or

(C) If it is offered for sale under the name of another drug.

(10) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof.

(11) If it is, purports to be, or is represented as a drug composed wholly or partly of insulin, unless:

(A) It is from a batch with respect to which a certificate or release has been issued pursuant to section 506 of the Federal Act; and

(B) The certificate or release is in effect with respect to the drug.

(12) If it is, purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any other antibiotic drug, or any derivative thereof, unless:

(A) It is from a batch with respect to which a certificate or release has been issued pursuant to section 507 of the Federal Act; and

(B) The certificate or release is in effect with respect to the drug; provided that this paragraph shall not apply to any drug or class of drugs exempted by regulations promulgated under section 507(c) or (d) of the Federal Act.

For the purpose of this paragraph, the term "antibiotic drug" means any drug intended for use by a person containing any quantity of any chemical substance which is produced by a microorganism and which has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of any such substance).

(13) If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to such color additive prescribed under section 328-13(b).

(14) In the case of any prescription drug distributed or offered for sale in this State, unless the manufacturer, packer, or distributor thereof includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug a true statement of:

(A) The established name, as defined in paragraph (5)(B), printed prominently and in type at least half as large as that used for any trade or brand name thereof;

(B) The formula showing quantitatively each ingredient of the drug to the extent required for labels under section 502(e) of the Federal Act; and

(C) Such other information in brief summary relating to side effects, contra-indications, and effectiveness as shall be required in rules adopted by the director.

(15) If a trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of the foregoing has been placed thereon or upon its container with intent to defraud.

(16) Drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling or packaging requirements of this part; provided that such drugs and devices are being delivered, manufactured, processed, labeled, repacked, or otherwise held in compliance with rules adopted by the director.

(17) If it has met or exceeded the expiration date established by the manufacturer or principal labeler. [L 1941, c 318, §11; RL 1945, §2215; RL 1955, §51-15; am L Sp 1959 2d, c 1, §19; am L 1963, c 36, §1; am L 1964, c 15, §§2, 3; am L 1967, c 152, §9; HRS §328-15; am L 1972, c 151, §8; gen ch 1993; am L 1997, c 214, §3]
Haw. Rev. Stat. § 329-123.5 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-123.5
Registration requirements; qualifying out-of-state patient; caregiver of a qualifying out-of-state patient.
Status: in_force

(a) Notwithstanding section 329-123, a qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall register with the department of health as established by rule. The registration shall be effective for no more than sixty days and may be renewed for no more than one additional sixty-day period that begins no later than twelve months after the preceding registration date; provided that the department shall not register any qualifying out-of-state patient for a period that exceeds the term of validity of the qualifying out-of-state patient's authority to use medical cannabis in the qualifying out-of-state patient's home jurisdiction.

(b) A qualifying out-of-state patient aged eighteen or older, at a minimum, shall meet the following criteria for registration:

(1) Provide a valid government-issued medical cannabis card issued to the qualifying out-of-state patient by another state, United States territory, or the District of Columbia; provided that the medical cannabis card has an expiration date and has not expired;

(2) Provide a valid photographic identification card or driver's license issued by the same jurisdiction that issued the medical cannabis card; and

(3) Have a debilitating medical condition, as defined in section 329-121.

(c) A qualifying out-of-state patient under eighteen years of age may be registered pursuant to this section only if the qualifying patient has a debilitating medical condition as defined in section 329-121 and the caregiver of the qualifying out-of-state patient, at a minimum, meets the requirements of paragraphs (1) and (2) of subsection (b) and consents in writing to:

(1) Allow the qualifying out-of-state patient's medical use of cannabis;

(2) Undertake the responsibility for managing the well-being of the qualifying out-of-state patient who is under eighteen years of age, with respect to the medical use of cannabis; and

(3) Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying out-of-state patient who is under eighteen years of age.

(d) In the case of any qualifying out-of-state patient who is under eighteen years of age, the department of health shall register the qualifying out-of-state patient and the caregiver of the qualifying out-of-state patient; provided that the department may register two caregivers for a qualifying out-of-state patient if each caregiver is the parent, guardian, or person having legal custody of the qualifying out-of-state patient who is under eighteen years of age.

(e) Each qualifying out-of-state patient shall pay a fee in an amount established by rules adopted by the department pursuant to chapter 91 for each registration and renewal.

(f) Upon inquiry by a law enforcement agency, the department of health shall immediately verify whether the subject of the inquiry has registered with the department of health and may provide reasonable access to the registry information for official law enforcement purposes. An inquiry and verification under this subsection may be made twenty-four hours a day, seven days a week.

(g) The department of health may temporarily suspend the registration of a qualifying out-of-state patient or a registered caregiver of a qualifying out-of-state patient for a period of up to thirty days if the department of health determines that the registration process for qualifying patients or primary caregivers is being adversely affected or the supply of cannabis for medical use available in licensed dispensaries is insufficient to serve qualifying patients and qualifying out-of-state patients. A temporary suspension may be extended by thirty-day periods until the department of health determines that:

(1) Adequate capacity exists to register qualifying out-of-state patients and caregivers of qualifying out-of-state patients in addition to qualifying patients and primary caregivers; and

(2) The licensed dispensaries are able to meet the demands of qualifying patients. [L 2018, c 116, §2; am L 2021, c 169, §3]
Haw. Rev. Stat. § 334E-3 — HI Code / Division 1 / Title 19 / Chapter 334E / Section 334E-3
Investigation procedures.
Status: in_force

(a) In an investigation pursuant to section 334E-2(c), the department of health may:

(1) Make inquiries and obtain information as deemed necessary;

(2) Enter without notice to inspect the premises of a psychiatric facility; provided that such entry shall be authorized by the department in writing and that such authorization shall be furnished upon entry to the person in charge of the facility; and

(3) Hold private hearings.

(b) The department of health shall maintain secrecy in respect to all matters including the identities of the complainants or witnesses, except so far as disclosures may be necessary to enable it to carry out duties and to support recommendations. [L 1987, c 158, §1]
Haw. Rev. Stat. § 342L-53 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-53
Cost recovery.
Status: in_force

(a) Whenever costs have been incurred by the department in the undertaking of a response action or enforcement action with respect to the release of petroleum from an underground storage tank or tank system, the owner or operator of the tank or tank system shall be liable to the federal government or the department for these costs. The liability under this subsection shall be construed to be the standard of liability that obtains under section 311 of the Federal Water Pollution Control Act.

(b) In seeking cost recovery, the department may consider the amount of financial responsibility required to be maintained pursuant to section 342L-36 and the factors considered in establishing the amount of financial responsibility pursuant to section 342L-36.

(c) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any underground storage tank or tank system or from any person who may be liable for a release or threat of release under this section, to any other person, the liability imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such an agreement for any liability under this section. Nothing in this chapter shall bar a cause of action that an owner or operator or any other person subject to liability under this section, or a provider of financial assurance, has or would have, by reason of subrogation or otherwise against any person.

(d) Moneys collected by the department as part of the cost recovery efforts pursuant to this section shall be deposited in the leaking underground storage tank fund established in section 342L-51. [L 1989, c 212, pt of §6; am L 1992, c 259, §32]
Haw. Rev. Stat. § 338-42 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-42
REPEALED.
Status: in_force

L 1997, c 216, §§9, 13; L 1999, c 194, §1.
Haw. Rev. Stat. § 323D-81 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-81
Prior acquisitions.
Status: in_force

Any acquisition of a hospital before July 20, 1998 and any acquisition in which an application for a certificate of need has been granted by the agency before July 20, 1998 is not subject to this part.

Revision Note

"July 20, 1998" substituted for "the effective date of this part".
Haw. Rev. Stat. § 342J-42 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-42
Public education program.
Status: in_force

The department shall develop and implement a public education program, the objectives of which shall be to:

(1) Develop increased public awareness of and interest in environmentally sound hazardous waste management methods;

(2) Encourage better informed decisions on hazardous waste management issues by businesses, industries, local governments, and the public; and

(3) Disseminate practical information concerning methods in which households, other institutions, and organizations can improve the management of hazardous waste. [L 1989, c 212, pt of §5]
Haw. Rev. Stat. § 321-18 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-18
Penalty.
Status: in_force

Except when another penalty is provided, every person who violates any rule of the department, after the same has been adopted, as provided in section 321-10, shall be guilty of a misdemeanor. [PC 1869, c 59, §8; RL 1925, §914; RL 1935, §906; am L 1943, c 18, §1; RL 1945, §2020; am L 1947, c 82, §1; RL 1955, §46-18; am L 1965, c 96, §29; HRS §321-18; am L 1983, c 100, §3]
Haw. Rev. Stat. § 342G-118 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-118
Reserved.
Status: reserved

[§342G-118] Reserved.
Haw. Rev. Stat. § 328-45 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-45
Length of storage time.
Status: in_force

No person having control as storer shall keep in cold storage any articles of food for a longer period than twelve calendar months, except with the consent of the department of health, as hereinafter provided. The department shall, upon application, grant permission to extend the period of storage beyond twelve months for a particular consignment of goods, if the goods in question are found, upon examination, to be in proper condition for further storage at the end of twelve months. The length of time for which storage is allowed shall be specified in the order granting permission.
Haw. Rev. Stat. § 321-29 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-29
Epidemiologic investigations.
Status: in_force

(a) The department may conduct investigations to determine the nature and extent of diseases and injuries deemed by the department to threaten the public health and safety.

(b) Every person, health care provider, and medical facility shall provide the patient's name, the name of a minor patient's parent or guardian, address, telephone number, age, sex, race or ethnicity, clinical signs and symptoms, laboratory test results, diagnostic interview data, treatment provided, and the disposition of the patient when requested by an authorized representative of the director for the purpose of conducting such an investigation. The authorized representative may view only the limited portion of the patient's medical record that is directly relevant in time and scope to the subject of the investigation.

(c) Every person, company, organization, association, health care provider, medical facility, or any other possible source of information shall provide names, addresses, telephone numbers, and locating information regarding an individual or group of individuals suspected of having been exposed to a disease or disease-causing substance that is the subject of an epidemiologic investigation when requested by an authorized representative of the director.

For the purposes of this subsection, "locating information" includes information contained in appointment, reservation, registration, invitation, attendance, billing, payment lists, or any other record that may help the department identify, locate, or contact individuals or groups suspected of having been exposed to a disease under investigation.

(d) When, in the written opinion of the director of health reasonable cause exists for the investigation of a disease or series of injuries that threatens public health or safety and that the collection of plant, animal, food, or environmental samples or specimens for immediate testing is necessary, an authorized representative of the department, during regular working hours or at other reasonable times may demand entry onto any premises, public or private, for the purpose of conducting an administrative investigation; provided that:

(1) (A) Entry shall only occur with the consent of the owner, owner's agent, or person in lawful control of the property to investigate and collect relevant samples; or

(B) If consent is not obtained, entry shall only occur after issuance of an administrative investigation warrant pursuant to subsection (e), specifying the area to be searched and the types of samples and specimens sought;

(2) The investigation shall be limited to only those samples, specimens, and investigative actions that are necessary to confirm or deny the cause that prompted the investigation;

(3) An authorized representative of the director shall be liable only for damage caused by acts beyond the scope of the representative's authority, or by the representative's gross negligence or intentional misconduct; and

(4) The director's authorized representative shall leave an inventory describing any samples or specimens obtained, and the department shall make split samples available to the person whose premises are subject to the investigation.

For the purposes of this subsection, "administrative investigation" means any investigation, independent of a criminal investigation, that is conducted for the purpose of determining the existence of disease or series of injuries deemed by the department to threaten the public health or safety. An administrative investigation may involve the examination of real or personal property, records, equipment, buildings, products, by-products, wastes, processes, activities, environmental conditions (i.e., air, soil, and water quality), or other property or activities.

(e) If consent to entry is denied under subsection (d), the department representative may apply to the district court in the circuit in which the property is located for an administrative investigation warrant to enter the premises to effectuate the purposes of this section. The district court may issue an administrative investigation warrant directing a police officer of the county in the circuit to assist the department representative in gaining entry onto the premises during regular working hours or at other reasonable times. The warrant may command the police officer to take sufficient aid, and being accompanied by a representative of the department, to go to the premises described in the warrant and search for, seize, secure, or collect, under the specific direction of the representative, or allow the representative to search for, seize, secure, or collect, plant, animal, food, or environmental samples or specimens deemed necessary to conduct the investigation successfully. A district court may issue an administrative investigation warrant if sufficient facts are presented to the court that would establish probable cause for the need for the search. Probable cause for the need for the search shall be established by affidavit demonstrating:

(1) The opinion of the director of health that there is reasonable cause for the investigation of the particular premises at issue;

(2) That the investigation is necessary for the protection of public health and safety under this section; and

(3) That consent to search the particular premises has been denied under subsection (d)(1)(A).

A copy of the administrative investigation warrant and all supporting affidavits shall be provided to the person served. If a suitable person is not available to be served after reasonable efforts to locate such a person, the administrative investigation warrant may be left at the principal entry of the investigated premises.

(f) No person, company, organization, association, health care provider, medical facility, or other source that provides information requested by an authorized representative of the director, for the purpose of conducting an investigation under this section, shall be held civilly or criminally liable for providing that information to the department.

(g) All information provided to the department under this section shall be kept strictly confidential, except as the director determines is necessary to protect the public health and safety. Access to confidential records shall be restricted to those individuals specifically authorized to participate in any given investigation. However, epidemiologic and statistical information with no individual identifying information may be released to the public. The identities of individuals whose medical records are investigated shall be disclosed only to those persons authorized by the director or the director's representative to conduct a specific investigation under this section or determined by the director to be necessary to protect the health and safety of the public.

(h) The director shall adopt rules under chapter 91 as are appropriate to carry out the purposes of this section and its efficient administration. The rules shall:

(1) Establish administrative remedies for the owner, owner's agent, or person in lawful control of the property to file a claim with the department for damaged and seized property; provided that there shall be no administrative remedy for the seizure of de minimis samples;

(2) Provide notice to the owner, owner's agent, or person in lawful control of the property of the administrative remedies available for damaged and seized property; and

(3) Provide penalties for the failure to comply with any rule. [L 1999, c 192, §2; am L 2002, c 169, §4; am L 2009, c 95, §1]
Haw. Rev. Stat. § 340E-33 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-33
Powers and duties.
Status: in_force

(a) The director may approve grants, loans, and other financial assistance consistent with this part and the Federal Act to eligible public water systems in the State.

(b) The director may enter into any necessary or required agreement and give or make any necessary or required assurance, designation, or certification with or to any person in order to receive payments or to make or provide any financial assistance in conformance with the Federal Act.

(c) The director may enter into grant agreements with the administrator of the United States Environmental Protection Agency and accept drinking water fund capitalization and other grants. Federal capitalization grants shall be used only for the drinking water fund and other uses allowed by the Federal Act (e.g., section 1452(a)(2), (a)(3), (d), (g)(2), and (k) of the Federal Act).

(d) The director may adopt rules pursuant to chapter 91 for the purposes of this part, including rules setting fees for loans and other financial assistance issued through the drinking water fund and penalties for default of loans or other financial assistance.

(e) The director shall establish fiscal controls and accounting procedures at least sufficient to assure proper accounting for appropriate accounting periods of payments, disbursements, revenues, and fees received and made for fund balances at the beginning and end of the accounting period. Federal funds in the drinking water fund shall be kept in a separate account or series of accounts from the account or accounts for state funds in the drinking water fund.

(f) The director may perform any act considered reasonably necessary, advisable, or expedient for the administration of this part or the advancement of the purposes of this part.

(g) The director may create one or more separate accounts or subaccounts within the drinking water fund and may specify any conditions applicable to the transfer of moneys and securities among such accounts and subaccounts.

(h) The director may create one or more separate accounts or subaccounts outside the drinking water fund to handle funds for programs and administrative expenses consistent with the Federal Act, and the director may specify any conditions applicable to the transfer of moneys and securities among such accounts and subaccounts and to the drinking water fund.

(i) Moneys in accounts outside the drinking water fund may be placed in interest bearing investments or otherwise invested at the discretion of the director until such time as the moneys may be needed. All interest accruing from the investment of these moneys shall be credited to accounts established under this part as the director considers appropriate.

(j) Not less than twenty days prior to the convening of each regular session of the legislature, the director shall submit to the legislature a financial report addressing the operations of the drinking water fund during the last completed fiscal year, including information on each grant, loan, or other financial assistance made during that year. The report shall include:

(1) The name of the recipient;

(2) The effective date of the financial assistance;

(3) The amount provided; and

(4) The intended or actual use of the funds. [L 1997, c 218, pt of §2]
Haw. Rev. Stat. § 342D-91 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-91
Revenue bonds; investment of proceeds, and redemption.
Status: in_force

Subject to any agreement with the holders of its revenue bonds, the director may:

(1) Invest moneys not required for immediate use, including proceeds from the sale of any revenue bonds, funds held in reserve or sinking funds or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. No provisions with respect to the investment of moneys or the acquisition, operation, or disposition of property by other public bodies shall be applicable to the director or department unless the legislature shall specifically so state; and

(2) Purchase revolving fund revenue bonds out of any fund or money available therefor, and hold, cancel, or resell the revenue bonds. [L 1997, c 221, pt of §1]
Haw. Rev. Stat. § 342P-21 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-21
Administrative penalties.
Status: in_force

(a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in section 342P-20.

(b) Factors to be considered in imposing an administrative penalty shall include:

(1) The nature and history of the violation and any prior violations;

(2) The economic benefit, if any, resulting from the violation;

(3) The opportunity, difficulty, and history of corrective action;

(4) Good faith efforts to comply; and

(5) Any other matters that justice may require.

(c) It shall be presumed that the violator's economic and financial conditions allow payment of the penalty; the burden of proof to the contrary shall be on the violator.

(d) In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:

(1) Notice was given;

(2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid. [L 1991, c 219, pt of §1; am L 1995, c 180, §40]
Haw. Rev. Stat. § 340F-4 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-4
Board of certification.
Status: in_force

(a) A state board of certification of five members shall be appointed by the governor to carry out this chapter. The board shall be placed, for administrative purposes, in the department of health. The board shall consist of the following:

(1) Four individuals who shall be duly qualified in the fields of sanitary engineering or public water system operation; and

(2) One individual from the state agency responsible for the State's safe drinking water program.

(b) The foregoing members shall serve for four-year terms except that of the initial appointments, one shall be for one year, one shall be for two years, one shall be for three years, and two shall be for four years.

(c) The members of the board shall meet for an organizational meeting at the call of the director, within forty-five days of their appointment and thereafter at least twice a year at such time and place as may be provided by rules and regulations adopted by them. The members of the board shall annually elect one of the board members to serve as chairperson. Additional meetings may be called by the chairperson as deemed necessary. Notice of such meeting shall be given all members in writing at least ten days prior to the date of the meeting.

(d) The governor shall fill any vacancy in the board and may remove any member for cause.

(e) Board members shall be reimbursed for expenses incurred in the performance of their duties. [L 1991, c 273, pt of §1; am L 2000, c 196, §5]
Haw. Rev. Stat. § 324-42 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-42
Information collection.
Status: in_force

(a) Health care facilities and health care providers shall make available to the [birth defects program] information contained in health care records that pertain to birth defects or other adverse reproductive outcomes.

(b) Any person or public or private health care facility may provide information or other data or relevant material relating to individuals with birth defects or adverse reproductive outcomes to the [birth defects program] for inclusion in the birth defects registry.

(c) This part shall not apply if the parent, guardian, or other person having custody or control of the child objects on the grounds that the collection of the information conflicts with their religious beliefs. The written objection shall be made a part of the child's medical record.

(d) No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided information or material to the [birth defects program]. [L 2002, c 252, pt of §2]
Haw. Rev. Stat. § 328-20 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-20
False advertising; exceptions.
Status: in_force

(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(b) For the purpose of this part the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease shall also be deemed to be false, except that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection if it is disseminated only to members of the medical, osteopathic, podiatric, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; provided that whenever the department determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the department shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the department may deem necessary in the interest of public health; provided that this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious. [L 1941, c 318, §15; RL 1945, §2219; RL 1955, §51-19; am L Sp 1959 2d, c 1, §19; am L 1964, c 15, §2; HRS §328-20]
Haw. Rev. Stat. § 321-311.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-311.5
Renumbered as §321-29.
Status: in_force

§321-311.5 Renumbered as §321-29.
Haw. Rev. Stat. § 340E-9 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-9
Administration.
Status: in_force

The director may:

(1) Perform any and all acts necessary to carry out the purposes and requirements of this chapter;

(2) Administer and enforce the provisions of this chapter and all rules, regulations, and orders promulgated;

(3) Enter into agreements, contracts, or cooperative arrangements with any person;

(4) Receive financial and technical assistance from the federal government and other public or private agencies;

(5) Participate in related programs of any public or private agencies or organizations;

(6) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of an accounting for funds appropriated or received for the purpose of carrying out this chapter;

(7) Delegate those responsibilities and duties as appropriate for the purpose of administering the requirements of this chapter;

(8) Establish and collect fees for conducting plan reviews, inspections and laboratory analyses as necessary; and

(9) Prescribe such regulations as necessary to carry out the director's function under this chapter. [L 1976, c 84, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 328-26 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-26
Disposal of questioned articles; court orders; expenses; bond.
Status: in_force

If the court finds that a detained or embargoed article is adulterated or misbranded, the article shall, after entry of the decree be destroyed at the expense of the claimant thereof, under the supervision of the director of health or any of the director's deputies; and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article or the claimant's agent; provided that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article shall be so labeled or processed, has been executed, may by order direct that the article be delivered to the claimant thereof for such labeling or processing under the supervision of the director or any of the director's agents. The expense of supervision shall be paid by the claimant. The bond shall be returned to the claimant of the article on representation to the court by the director or any of the director's agents that the article is no longer in violation of this part, and that the expenses of supervision have been paid.
Haw. Rev. Stat. § 329-103 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-103
Designated state agency.
Status: in_force

The designated state agency shall:

(1) Oversee and administer the collection of information under the system;

(2) Control access to the information in the system; and

(3) Produce exception reports as defined in section 329-1. [L 1996, c 268, pt of §2]
Haw. Rev. Stat. § 342I-25 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-25
Motor vehicle tire wholesalers.
Status: in_force

Any person selling new motor vehicle tires at wholesale shall accept at the point of transfer, in a quantity at least equal to the number of new tires purchased by a customer, used motor vehicle tires offered by the customer. A motor vehicle tire wholesaler accepting used tires in transfer from a motor vehicle tire retailer shall be allowed a period not to exceed ninety days to remove used tires from the retail point of collection. Accumulation of those tires at the retail point of collection shall not exceed two hundred fifty tires, unless the retail point of collection is an authorized tire collection facility, and the tires shall be stored in a manner consistent with fire prevention and vector control.
Haw. Rev. Stat. § 328-64 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-64
Offense, penalty.
Status: in_force

Each day that this part is violated shall be a separate offense. Any person, firm, partnership, or corporation who violates this part shall be fined not more than $500.
Haw. Rev. Stat. § 321-422 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-422
Birth defects program.
Status: in_force

The department of health shall establish the statewide birth defects program to :

(1) Collect surveillance information on birth defects and other adverse reproductive outcomes;

(2) Report the incidence, trends, and causes of birth defects and other adverse reproductive outcomes;

(3) Report information for the development of prevention strategies to reduce the incidence of birth defects and other adverse reproductive outcomes; and

(4) Develop strategies to improve the access of children with birth defects to health and early intervention services. [L 2002, c 252, pt of §1]
Haw. Rev. Stat. § 326-23 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-23
Pensions for patient employees at facilities.
Status: in_force

(a) All patient employees or patient laborers at every facility maintained for the treatment and care of persons with Hansen's disease shall be entitled, upon retirement after twenty years or more service with the department of health, to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the monthly wage or salary which the patient was receiving at the time of retirement, or to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the average monthly wage or salary which the patient employee was receiving during the last twelve months of employment at the department of health, whichever is higher. For the period from July 1, 2007, to June 30, 2008, the pension amounts shall be adjusted as follows:

(1) Retired patient employees receiving less than $4,000 annually shall be granted a five per cent increase;

(2) Retired patient employees receiving $4,000 or more but less than $5,000 annually shall be granted a four per cent increase; and

(3) Retired patient employees receiving $5,000 or more annually shall be granted a 2.5 per cent increase.

For the period from July 1, 2008, to June 30, 2009, all retired patient employees shall be granted a 2.5 per cent increase. Thereafter, the pension amounts shall remain as adjusted effective for the period ending June 30, 2009.

(b) Patient employees may use service with any state department or agency not exceeding five years which has not been credited under the state retirement system in lieu of service with a facility maintained for the treatment and care of persons with Hansen's disease to satisfy the requirements of subsection (a); provided that the service shall be authenticated by official records of the department where service was performed.

(c) When work is available at Kalaupapa which may be fulfilled by patient residents of the facility under section 326-21 and there are no applicants for those positions from among the eligible patients, pensioned patients who are in residence at Kalaupapa may be reemployed, not to exceed nineteen hours per week, without relinquishing the pension granted to them under this section. Furthermore, notwithstanding any other law relating to this subject, that reemployment shall not result in suspension or termination of payment of the pension granted originally or serve to increase, decrease, or alter the pension in any way. [L 1945, c 229, §1; am L 1949, c 53, §16; am L 1951, c 157, §12; RL 1955, §50-25; am L 1957, c 57, §1; am L Sp 1959 2d, c 1, §19; HRS §326-23; am L 1970, c 43, §1; am L 1979, c 18, §1; am L 1981, c 185, §11; am L 1985, c 250, §9; am L 1992, c 156, §6; am L 2008, c 49, §1]
Haw. Rev. Stat. § 327G-14 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-14
Optional form.
Status: in_force

The following sample form may be used to create an advance mental health care directive. This sample form may be duplicated, or modified to suit the needs of the person. Any written document that contains the substance of the following information may be used in an advance mental health care directive:

"ADVANCE MENTAL HEALTH CARE DIRECTIVE

Explanation

You have the right to give instructions about your own mental health care. You also have the right to name someone else to make mental health treatment decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding the designation of your health care providers. If you use this form, you may complete or modify all or any part of it. You are free to use a different form.

Part 1 of this form is a list of options you may designate as part of your mental health care and treatment. For ease of designating specific instructions, mark those options in Part 1.

Part 2 of this form is a power of attorney for mental health care. This lets you name another individual as your agent to make mental health treatment decisions for you, if you become incapable of making your own decisions, or if you want someone else to make those decisions for you now, even though you are still capable of making your own decisions. You may name alternate agents to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner, operator, or employee of a health care institution where you are receiving care.

You may allow your agent to make all mental health treatment decisions for you. However, if you wish to limit the authority of your agent, you may specify those limitations on the form. If you do not limit the authority of your agent, your agent will have the right to:

(1) Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a mental condition;

(2) Select or discharge health care providers and institutions;

(3) Approve or disapprove diagnostic tests, surgical procedures, and programs of medication; and

(4) Approve or disapprove of electroconvulsive treatment.

Part 3 of this form lets you give specific instructions about any aspect of your mental health care and treatment. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of medication and treatment. Space is provided for you to add to the choices you have made or for you to write out any additional wishes.

Part 4 of this form must be completed in order to activate the advance mental health care directive. After completing this form, sign and date the form at the end and have the form witnessed by one or both of the two methods listed below. Give a copy of the signed and completed form to your physician, to any other health care providers you may have, to any health care institution at which you are receiving care, and to any mental health care agents you have named. You should talk to the persons you have named as agents to make sure that they understand your wishes and are willing to take the responsibility.

You have the right to revoke this advance mental health care directive or replace this form at any time, unless otherwise specified in writing in the advance mental health care directive.

If you are in imminent danger of causing bodily harm to yourself or others, or have been involuntarily committed to a health care institution for mental health treatment, the advance mental health care directive will not apply.

PART 1

CHECKLIST OF MENTAL HEALTH CARE OPTIONS
Haw. Rev. Stat. § 334-103 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-103
Program elements.
Status: in_force

The following shall be the program elements of the system. These shall be designed to provide, at every level, alternatives to institutional settings. Applicants applying to operate program elements shall show how each of these elements works with the current programs in the community the facility will serve. Applicants may apply for operation under the following program elements:

(1) A short-term crisis residential alternative to hospitalization for individuals experiencing an acute episode or situational crisis. The program shall be available for admissions twenty-four hours a day, seven days a week. The primary focus of this element shall be on reduction of the crisis, stabilization, diagnostic evaluation, and assessment of the person's existing support system, including recommendations for referrals upon discharge. This service in the program shall be designed for persons who would otherwise be referred to an acute inpatient psychiatric unit;

(2) A long-term residential treatment program for clients who would otherwise be living marginally in the community with little or no service support, and who would return many times to the hospital for treatment. It also will serve those who are referred to, and maintained in, state facilities or nursing homes, or private or public facilities or programs under contract with the director pursuant to section 334-2.5, because they require long-term, intensive support. This service shall be designed to provide a rehabilitation program for the so-called "chronic" patient who needs long-term support in order to develop independent living skills. This program goes beyond maintenance to provide an active rehabilitation focus for these individuals;

(3) A transitional residential program designed for persons who are able to take part in programs in the general community, but who, without the support of counseling as well as the therapeutic community, would be at risk of returning to the hospital or becoming homeless by reason of serious and persistent mental health challenges. These programs may employ a variety of staffing patterns and are for persons who are expected to move toward a more independent living setting. The clients shall be expected to play a major role in the functioning of the household and shall be encouraged to accept increasing levels of responsibility, both in the residential community and in the community as a whole. Residents are required to be involved in daytime activities outside of the facility that are relevant to their personal goals and conducive to their achieving more self-sufficiency; or

(4) A semisupervised, independent, but structured living arrangement for persons who do not need the intensive support of the system elements of paragraph (1), (2), or (3), but who, without some support and structure, are at risk of requiring hospitalization or becoming homeless by reason of serious and persistent mental health challenges. The small cooperative housing units shall function as independent households with direct linkages to staff support in case of emergencies, as well as for regular assessment and evaluation meetings. Individuals may use satellite housing as a transition to independent living or may remain in this setting indefinitely in order to avoid the need for more intensive settings. This element is for persons who only need minimum professional or paraprofessional support in order to live in the community. These units should be as normative as the general living arrangements in the communities in which they are developed. [L 1980, c 221, pt of §2; am L 1985, c 219, §1; am L 1986, c 237, §2; am L 1997, c 220, §3; am L 1999, c 119, §7; am L 2016, c 186, §5]
Haw. Rev. Stat. § 342P-26 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-26
Injunctive and other relief.
Status: in_force

The director may institute a civil action for injunctive and other relief in any environmental court of competent jurisdiction to prevent the violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court may grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 342J-11 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-11
Injunctive and other relief.
Status: in_force

The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to:

(1) Address any release of hazardous waste or any hazardous waste constituent pursuant to section 342J-36;

(2) Prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit adopted pursuant to this chapter, without the necessity of a prior revocation of the permit; and

(3) Impose and collect civil penalties, to collect administrative penalties, and obtain other relief.

The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure. [L 1989, c 212, pt of §5; am L 1991, c 259, §11; am L 1995, c 180, §28; am L 2014, c 218, §8]
Haw. Rev. Stat. § 328-9 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-9
Foods deemed adulterated when.
Status: in_force

A food shall be deemed to be adulterated:

(1) (A) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but if the substance is not an added substance, the food shall not be considered adulterated under this clause if the quantity of the substance in the food does not ordinarily render it injurious to health; or

(B) (i) If it bears or contains any added poisonous or added deleterious substance, other than one which is a pesticide chemical in or on a raw agricultural commodity; a food additive; or a color additive, which is unsafe within the meaning of section 328-13(a); or

(ii) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the Federal Act as amended; or

(iii) If it is or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Act as amended;

provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under section 408 of the Federal Act, and the raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding section 328-13 and clause (iii) of this paragraph (1), shall not be deemed unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat, is not greater than the tolerance prescribed for the raw agricultural commodity; or

(C) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or

(D) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or

(E) If it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or

(F) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

(2) (A) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or

(B) If any substance has been substituted wholly or in part therefor; or

(C) If damage or inferiority has been concealed in any manner; or

(D) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is;

(3) If it is confectionery and:

(A) Has partially or completely embedded therein any nonnutritive object; provided that this clause shall not apply in the case of any nonnutritive object if, in the judgment of the director of health, as provided by rules, promulgated under this part, the object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health;

(B) Bears or contains any alcohol in excess of five per cent by weight; or

(C) Bears or contains any nonnutritive substance; provided that this clause shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of the confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this part; and provided further that the director, for the purpose of avoiding or resolving uncertainty as to the application of this clause, may issue rules under this part, allowing or prohibiting the use of particular nonnutritive substances;

(4) If it is or bears or contains any color additive which is unsafe within the meaning of the Federal Act. [L 1941, c 318, §6; RL 1945, §2209; RL 1955, §51-9; am L 1957, c 140, §1; am L 1967, c 152, §4; HRS §328-9; am L 1986, c 339, §41; am L 1988, c 402, §2]
Haw. Rev. Stat. § 342C-2 — HI Code / Division 1 / Title 19 / Chapter 342C / Section 342C-2
Prohibited acts.
Status: in_force

(a) Effective January 1, 1991, no person in this State shall sell or offer for sale any CFC refrigerant suitable for use in air conditioners or mobile air conditioners in containers that are smaller than fifteen pounds net.

(b) No person in this State shall wilfully cause or allow CFCs to be released into the air from any source or process regulated by this chapter, other than through common use of a product, or in the course of attempting to recover, recycle, or safely dispose of CFCs while exercising due care to prevent unnecessary releases of CFCs into the air to the extent practicable and in compliance with applicable rules.

(c) Effective July 1, 1993, no person in this State shall:

(1) Purchase, distribute, manufacture, import, sell, or offer for sale, any portable fire extinguisher that contains a halon or other ozone-depleting compound; or

(2) Repair, service, or perform maintenance on any portable fire extinguishing system or unit without using a reclamation system to recapture, recycle, or properly dispose of unspent halons or other ozone-depleting compounds.

Exempted from this prohibition is the sale of portable halon fire extinguishers for use in aircraft, which may be sold to purchasing agents of airline companies, or to private individuals upon presentation of a pilots license. [L 1990, c 316, pt of §2; am L 1992, c 264, §3]
Haw. Rev. Stat. § 342D-55 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-55
Recordkeeping and monitoring requirements.
Status: in_force

(a) The director may require the owner or operator of any effluent source, works, system, or plant; any discharger of effluent; the applicant for written authorization under this chapter for such sources or facilities; or any person engaged in management practices to:

(1) Establish and maintain records;

(2) Make reports and plans that shall cover existing situations and proposed additions, modifications, and alterations;

(3) Install, use, and maintain monitoring equipment or methods;

(4) Sample effluent, state waters, sewage sludge, and recycled water; and

(5) Provide such other information as the department may require.

(b) The director may require that information and items required under subsection (a) be complete and detailed, in a prescribed form, made or prepared by a competent person acceptable to the director, and at the expense of the owner, operator, or applicant.

(c) Management practices covered in this section are those for domestic sewage, sewage sludge, and recycled water, whether or not such practices cause water pollution. [L 1989, c 212, pt of §2; am L 1995, c 180, §15; am L 1999, c 193, §10; am L 2001, c 269, §4]
Haw. Rev. Stat. § 334-24 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-24
Admission; discharge; civil liability.
Status: in_force

No person shall be admitted to, detained at, or discharged from any psychiatric facility except as provided in this chapter and in chapters 571, 704 and 706.
Haw. Rev. Stat. § 342D-58 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-58
Consultation and advice.
Status: in_force

The director may consult with and advise:

(1) Any person engaged or intending to be engaged in any business or undertaking whose waste, sewage, or drainage is polluting or may tend to pollute state waters; and

(2) Persons intending to alter or to extend any system of drainage, sewage, or water supply. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 321-13 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-13
Regulation of certain other occupations.
Status: in_force

(a) The department of health, with the approval of the governor, may adopt rules as it deems necessary for the public health or safety respecting:

(1) The occupations or practices of clinical laboratory directors, medical technologists (clinical laboratory scientists), clinical laboratory specialists, cytotechnologists, medical laboratory technicians (clinical laboratory technicians), tattoo artists, and environmental health professionals;

(2) The health, education, training, experience, habits, qualifications, or character of persons to whom certificates of registration or permits for these occupations or practices may be issued;

(3) The health, habits, character, practices, standards, or conduct of persons holding these certificates or permits; and

(4) The grounds or causes for revoking or suspending these certificates or permits.

The rules shall have the force and effect of law.

(b) It shall be unlawful for any person to engage in or to attempt to engage in or to follow any of the occupations or practices referred to in this section, unless the person first obtains and holds a valid unrevoked certificate of registration or permit under such rules or regulations as the department shall prescribe.

(c) The department may revoke or suspend any certificate of registration or permit issued under this section or issued prior to April 23, 1941, upon proof to its satisfaction of a violation of any rule or regulation of the department on the part of any person holding a certificate or permit; provided that no such certificate or permit shall be revoked or suspended except upon due notice to the person holding the same and the person shall be given an opportunity to be heard and present evidence in the person's own defense. [L 1941, c 87, §§1, 2, 3; RL 1945, §2017; am L 1945, c 116, §1(c); am L 1947, c 192, §22; am L 1949, c 19, §1; am L 1955, c 117, §1; RL 1955, §46-15; am L 1959, c 25, §1; am L Sp 1959 2d, c 1, §19; HRS §321-13; am L 1969, c 160, §1; am L 1973, c 80, §2(1); am L 1974, c 214, §1; am L 1982, c 80, §1; am L 1985, c 11, §1 and c 276, §4; gen ch 1985; am L 1986, c 139, §9; am L 1988, c 194, §3; am L 1990, c 225, §4 and c 285, §6; am L 1997, c 219, §2; am L 1999, c 210, §1 and c 211, §3]
Haw. Rev. Stat. § 340E-35 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-35
Drinking water treatment revolving loan fund; establishment, purpose.
Status: in_force

There is established in the state treasury a fund to be known as the drinking water treatment revolving loan fund to be administered by the director. The fund shall be administered, operated, and maintained to remain available in perpetuity to provide loans and other financial assistance to eligible public water systems for projects or activities eligible under this part and the Federal Act.
Haw. Rev. Stat. § 342H-7 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-7
Enforcement.
Status: in_force

(a) If the director determines that any person has violated or is violating any provision of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit issued pursuant to this chapter, the director may do any one or more of the following:

(1) Issue an order assessing an administrative penalty for any past or current violation; provided that if all attempts of service of process upon the person who has been or is in violation are unsuccessful by personal delivery and by certified, registered, or express mail, notice may be given via a posting on a searchable government website and a sign conspicuously posted on the property, if appropriate;

(2) Require compliance immediately or within a specified time; and

(3) Commence a civil action in the circuit environmental court in the circuit in which the violation occurred or the person resides or maintains the person's principal place of business for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief.

(b) Any order issued pursuant to this section may include a suspension, modification, or revocation of a permit issued under this chapter, and shall state with reasonable specificity the nature of the violation. Any administrative penalties assessed in the order shall be in accordance with section 342H-10.

(c) Any order issued under this chapter shall become final, unless not later than twenty days after the notice of order is served, the person or persons named therein request in writing a hearing before the director. Any penalty imposed under this chapter shall become due and payable twenty days after the notice of penalty is served unless the person or persons named therein request in writing a hearing before the director. Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice and answer the charges complained of.

(d) Any hearing conducted under this section shall be conducted as a contested case under chapter 91. If after a hearing held pursuant to this section, the director finds that a violation or violations have occurred, the director shall affirm or modify any penalties imposed or shall modify or affirm the order previously issued or issue an appropriate order or orders for the prevention, abatement, or control of the violation or disposals involved, or for the taking of such other corrective action as may be appropriate. If, after a hearing on an order or penalty contained in a notice, the director finds that no violation has occurred or is occurring, the director shall rescind the order or penalty. Any order issued after hearing may prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the violation or disposals.

(e) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the director may institute a civil action in the name of the State to collect the administrative penalty which shall be a government realization.

In any proceeding to collect the administrative penalty imposed, the director need only show that:

(1) Notice was given;

(2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid.

(f) In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties. [L 1989, c 212, pt of §4; am L 1990, c 298, §8; am L 1992, c 245, §5; am L 1995, c 180, §20; am L 2014, c 218, §8; am L 2016, c 45, §2]
Haw. Rev. Stat. § 334-60.5 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-60.5
Hearing on petition.
Status: in_force

(a) The court shall adjourn or continue a hearing for failure to timely notify the subject of the petition's spouse or reciprocal beneficiary, legal parent, adult child, surrogate, guardian, or relative, or other person determined by the court to be entitled to notice, or for failure by the subject to contact an attorney as provided in section 334-60.4(b)(7) unless the subject waived notice pursuant to section 334-60.4(a) or the court determines that the interests of justice require that the hearing continue without adjournment or continuance.

(b) The time and form of the procedure incident to hearing the issues in the petition shall be provided by court rule. Unless the hearing is waived, the judge shall hear the petition as soon as possible and no later than ten days after the date the petition is filed unless a reasonable delay is sought for good cause shown by the subject of the petition, the subject's attorney, or those persons entitled to receive notice of the hearing under section 334-60.4.

(c) The subject of the petition shall be present at all hearings unless the subject waives the right to be present, is unable to attend, or creates conditions that make it impossible to conduct a hearing in a reasonable manner as determined by the judge. A waiver is valid only upon acceptance by the court following a judicial determination that the subject understands the subject's rights and is competent to waive them, or is unable to participate. If the subject is unable to participate, the judge shall appoint a guardian ad litem or a temporary guardian as provided in article V of chapter 560, to represent the subject throughout the proceedings.

(d) Hearings may be held at any convenient place within the circuit. Hearings may be conducted by video conferencing unless the court determines personal appearance is necessary. The subject of the petition, any interested party, or the court on its own motion may request a hearing in another circuit because of convenience to the parties, witnesses, or the court or because of the subject's mental or physical condition.

(e) The department of the attorney general shall present the case for a petitioner for hearings convened under this chapter, unless a petitioner has retained private counsel who will be present in court and will present to the court the case for involuntary hospitalization.

(f) Counsel for the subject of the petition shall be allowed adequate time for investigation of the matters at issue and for preparation and shall be permitted to present the evidence that the counsel believes necessary to a proper disposition of the proceedings, including evidence as to alternatives to inpatient hospitalization.

(g) No individual may be found to require treatment in a psychiatric facility unless at least one qualified psychiatric examiner or psychologist who has personally examined the individual testifies in person at the hearing. This testimony may be waived by the subject of the petition. If the subject of the petition refuses to be examined by a qualified psychiatric examiner or psychologist, the subject may be examined by a court-appointed qualified psychiatric examiner or psychologist. If the subject refuses to be examined and there is sufficient evidence to believe that the allegations of the petition are true, the court may make a temporary order committing the subject to a psychiatric facility for a period of no more than five days for the purpose of a diagnostic examination. The subject's refusal to be examined shall be treated as a denial that the subject is mentally ill or suffering from substance abuse. Nothing in this section shall limit the subject's privilege against self-incrimination.

(h) The subject of the petition in a hearing under this section has the right to secure an independent examination and present evidence thereon.

(i) If after hearing all relevant evidence, including the result of any diagnostic examination ordered by the court, the court finds that a subject of a petition is not a person requiring medical, psychiatric, psychological, or other rehabilitative treatment or supervision, the court shall order that the subject be discharged if the subject has been hospitalized before the hearing.

(j) If the court finds that the criteria for involuntary hospitalization under section 334-60.2(1) has been met beyond a reasonable doubt and that the criteria under section 334-60.2(2) and (3) have been met by clear and convincing evidence, the court may issue an order to any law enforcement officer to transport the subject of the order to a facility that has agreed to admit the subject as an involuntary patient, or if the subject is already a patient in a psychiatric facility, authorize the facility to retain the patient for treatment for a period of ninety days unless sooner discharged. The court may also authorize the involuntary administration of medication, where the subject has an existing order for assisted community treatment issued pursuant to part VIII of this chapter and in accordance with the treatment prescribed by that existing order. Notice of the subject's commitment and the facility name and location where the subject will be committed shall be provided to those persons entitled to notice pursuant to section 334-60.4. An order of commitment shall specify which of those persons served with notice pursuant to section 334-60.4, together with such other persons as the court may designate, shall be entitled to receive any subsequent notice of intent to discharge, transfer, or recommit. The court shall forward to the Hawaii criminal justice data center all orders of involuntary civil commitment or information from all orders of involuntary civil commitment, as requested by the Hawaii criminal justice data center, which in turn shall forward the information to the Federal Bureau of Investigation, or its successor agency, for inclusion in the National Instant Criminal Background Check System database. The orders or information shall also be maintained by the Hawaii criminal justice data center for disclosure to and use by law enforcement officials for the purpose of firearms permitting, licensing, or registration pursuant to chapter 134. This subsection shall apply to all involuntary civil commitments without regard to the date of the involuntary civil commitment.

(k) Persons entitled to notice pursuant to this section shall also be entitled to be present in the courtroom for the hearing and to receive a copy of the hearing transcript or recording, unless the court determines that the interests of justice require otherwise. [L 1984, c 188, pt of §3; am L 1985, c 220, §1; gen ch 1985; am L 1994, c 58, §3; am L 1997, c 383, §47; am L 2004, c 161, §8; am L 2013, c 221, §§6, 24 and c 232, §4; am L 2014, c 87, §4; am L 2015, c 27, §4; am L 2016, c 114, §6; am L 2018, c 144, §5; am L 2025, c 219, §9]
Haw. Rev. Stat. § 333F-11 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-11
Director as guardian.
Status: in_force

(a) Notwithstanding any law to the contrary, the family court may appoint the director as guardian of any person if the court finds that:

(1) The person is an incapacitated person as defined in section 560:5-102;

(2) The person is developmentally or intellectually disabled;

(3) The person may reasonably be expected to need treatment or care at any residential facility; and

(4) There is no other suitable guardian including the public guardian as designated in chapter 551A who is able or willing to serve as guardian.

(b) The director, if so appointed, shall have all the powers and duties of a guardian duly appointed by the court; provided that the director shall not be liable in damages for any tortious act committed by the person. [L 1987, c 341, pt of §2; am L 2004, c 161, §5; am L 2005, c 22, §19; am L 2011, c 220, §3]
Haw. Rev. Stat. § 342P-23 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-23
Criminal penalties.
Status: in_force

Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, shall be fined not less than $5,000 nor more than $50,000 per day for each violation or imprisoned for not more than three years, or both. If a conviction of a person is for a violation committed after a first conviction of the person under this section, the person shall be fined not more than $100,000 per day for each violation or imprisoned for not more than six years, or both.
Haw. Rev. Stat. § 329-17 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-17
Schedule III tests.
Status: in_force

A substance shall be placed in schedule III if the substance has a degree of danger or probable danger less than the substances listed in schedules I and II according to the determination made pursuant to section 329-11.
Haw. Rev. Stat. § 328D-4 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-4
Source water monitoring.
Status: in_force

(a) The plant operator shall be responsible for sampling and analysis of all approved sources for the contaminants specified in section 328D-2 to assure that product water derived from approved sources continues to comply with section 328D-2. Such monitoring shall be at least annually, except that analysis for microbiological contaminants shall be weekly if the source is other than a public water system.

(b) Approved sources shall be monitored every four years for contaminants for which the EPA under the Safe Drinking Water Act, the department, or other government agency or agencies having jurisdiction requires source water monitoring.

(c) In lieu of source monitoring required by this section, a plant operator using a public water system as its source may obtain and display a certificate from the public water system demonstrating that the public water system conducts the monitoring required by this section.

(d) Where a bottled water plant operator, water dealer, or regulatory agency knows or has reason to believe that a contaminant not otherwise monitored is present in the source water because of a spill, release of a hazardous substance, or otherwise, and its presence would create a potential health hazard to consumers, the plant operator or water dealer upon receipt of such information shall monitor the source water for the contaminant.

(e) Detection of any contaminant in source monitoring required pursuant to this section shall be followed immediately by a program of periodic monitoring to confirm the presence in the source water of the contaminant. If the listed unregulated contaminant is confirmed to be present in the source water at a concentration that exceeds a published EPA health advisory, or an FDA or department or other government agency action level for drinking water, the plant operator or water dealer shall employ appropriate treatment techniques to remove or to reduce the contaminant in the product water below the concentration and shall employ a program of periodic monitoring for the contaminant in the source water until such time as the contaminant is not detectable in the source water.

(f) The required source water sampling shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory. Records of the required sampling and analyses shall be maintained on file at the plant for not less than two years and shall be available for official review upon request of the department or other government agency or agencies having jurisdiction. [L 1988, c 304, pt of §1]
Haw. Rev. Stat. § 336-12 — HI Code / Division 1 / Title 19 / Chapter 336 / Section 336-12
Alien or nonresident defined.
Status: in_force

A person shall not be deemed to be an alien or a nonresident of the State within the meaning of this part if the person meets the following requirements:

(1) Is a citizen of the United States or is a resident alien as defined by the United States bureau of immigration, and

(2) Has lived continuously in the State for a period of one year, and has not acquired a residence in another state by living continuously therein for at least one year subsequent to the person's residence in the State, provided that for a person who is not a resident of the State by birth, then the one year of continuous residence in the State shall have been immediately prior to the person's admittance to a hospital of the State for treatment. Any time spent in the state or other government hospitals for the isolation and treatment of Hansen's disease, tuberculosis, or other chronic diseases shall not be counted in determining the matter of residence in this or another state. In determining the residence of a minor patient of hospitals of the State, due consideration shall be given to the residence of the parents of the patients, and if either one or both parents of the minor patient is a resident of the State, the minor patient shall also be deemed a resident of the State. [L 1957, c 90, §2; Supp, §50A-2; HRS §336-12; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; gen ch 1985]
Haw. Rev. Stat. § 336-15 — HI Code / Division 1 / Title 19 / Chapter 336 / Section 336-15
Rules and regulations.
Status: in_force

The department of health is authorized to adopt all necessary rules and regulations to carry out the purposes of this part.
Haw. Rev. Stat. § 342D-51 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-51
Affirmative duty to report discharges.
Status: in_force

Any person who has caused an unlawful discharge under section 342D-50(a) has an affirmative duty to report the incident to the director within twenty-four hours of the discharge, unless a valid permit issued under section 342D-6 specifies another reporting period for the specific discharge.
Haw. Rev. Stat. § 342G-24 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-24
Submission schedule for revised integrated solid waste management plans.
Status: in_force

(a) Each state-approved county plan shall be revised and submitted to the office on the following schedule:

(1) The first revised plan shall be submitted to the office not later than four years after July 1, 1991; and

(2) Subsequent revised plans shall be submitted to the office once every ten years; provided that an interim status report on the implementation of a revised plan shall be submitted five years after every submission of a revised plan to the office.

All revised plans shall be consistent with the requirements of this chapter.

(b) Not less than one hundred and twenty days prior to the submission of a revised plan to the office, the county shall submit a copy of the proposed revision to its county advisory committee for review and comment. All revisions determined by the county advisory committee or the office to be substantial revisions shall be subject to:

(1) At least one county public hearing prior to final submission of the revised plan to the office for review;

(2) Reconsideration and approval by the county advisory committee; and

(3) Review by the office, where the office shall approve, conditionally approve, approve specific elements or components, or disapprove the plan.

In general, any significant changes in policy, program implementation, the identification of facilities necessary to accomplish plan goals, or funding mechanisms, shall be considered substantial revisions. Deadlines for the submittal of substantial revisions shall be pursuant to the schedule outlined in this section.

(c) If neither the county advisory committee nor the office deems any changes to be substantial, then those changes shall be incorporated immediately into the plan. If any member of the public contests a determination of "lack of substantial revision", that person may appeal the determination to the director. The decision of the director shall be final.

(d) The office may require a county to modify and submit to the office an entire plan or specific elements of a plan at a date earlier than the schedule outlined in this section if:

(1) The county, in total, within the county and through access to capacity within another county, has fewer than five years of available permitted disposal capacity, and in the judgment of the office is not making sufficient progress toward developing or gaining access to new capacity; or

(2) The county fails to demonstrate a commitment to meeting the State's waste reduction goals. [L 1991, c 324, pt of §2; am L 2010, c 12, §2]
Haw. Rev. Stat. § 342D-56 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-56
Complaints; hearings; appointment of masters.
Status: in_force

The director may:

(1) Receive or initiate complaints of water pollution, hold hearings in connection with water pollution, and institute legal proceedings in the name of the State for the prevention, control, or abatement of water pollution; and

(2) Appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 342D-20 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-20
Priority in courts.
Status: in_force

All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State.
Haw. Rev. Stat. § 342L-35 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-35
Response to suspected or confirmed releases.
Status: in_force

The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from an underground storage tank or tank system, which shall include at least the following:

(1) Requirement that when a release is found, the substances in the tank or tank system be emptied if emptying the substances does not present a greater danger to human health or the environment;

(2) Requirement for proper closure of the tank or tank system, following the requirements established under section 342L-37, or repair and testing of the tank or tank system before placing it back into operation;

(3) Requirement that the owner and operator of the underground storage tank or tank system that had a release restore the environment to a condition and quality acceptable to the department; and

(4) Requirement to notify those members of the public directly affected by the release and the proposed response to the release. [L 1989, c 212, pt of §6; am L 1992, c 259, §25]
Haw. Rev. Stat. § 321-14.6 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-14.6
[ §321-14.
Status: in_force

[ §321-14.6] Rural emergency hospitals; licensing. (a) The department of health may license a hospital as a rural emergency hospital if the hospital:

(1) Elects to receive the medicare designation as a rural emergency hospital;

(2) Provides emergency treatment and stabilization services for an average length of stay of twenty-four hours or less;

(3) Meets the requirements of title 42 United States Code section 1395x(kkk)(2); and

(4) Passes inspection and receives a recommendation from the department to the federal Centers for Medicare and Medicaid Services to operate as a rural emergency hospital .

(b) For the purposes of this section, "rural emergency hospital" means a hospital licensed under this section that was previously designated and operating as a critical access hospital as of December 27, 2020. [L 2025, c 144, §2]
Haw. Rev. Stat. § 329-125.6 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-125.6
Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary.
Status: in_force

(a) An owner or employee of a medical cannabis dispensary that is licensed under chapter 329D may assert the production or distribution of medical cannabis as an affirmative defense to any prosecution involving marijuana under this part, part IV, chapter 329D, or part IV of chapter 712; provided that the owner or employee strictly complied with the requirements of chapter 329D and any administrative rules adopted thereunder.

(b) An owner or employee of a licensed medical cannabis dispensary not strictly complying with the requirements of chapter 329D, and any administrative rules adopted thereunder, shall not be afforded the protections provided by subsection (a). [L 2015, c 241, pt of §5; am L 2016, c 230, §11; am L 2017, c 170, §2; am L 2018, c 18, §21]
Haw. Rev. Stat. § 340E-41 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-41
Compliance.
Status: in_force

The failure or inability of any public water system to receive funds under this part or any other loan or grant program, or any delay in obtaining the funds, shall not alter the obligation of the public water system to comply in a timely manner with all applicable requirements of this chapter or rules adopted under this chapter.
Haw. Rev. Stat. § 325-3 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-3
Others to report.
Status: in_force

The director of health shall have the authority to determine which other persons shall report to the department of health communicable diseases or conditions dangerous to the public health. The director of health may assess an administrative fine not to exceed $1,000 per violation against persons who refuse or neglect to report immediately such diseases or conditions to the department of health. Persons assessed an administrative fine under this section shall not be subject to other sanctions provided by this chapter. [PC 1869, c 59, §25; am L 1911, c 125, §2; RL 1925, §933; RL 1935, §1091; RL 1945, §2302; RL 1955, §49-3; am L Sp 1959 2d, c 1, §19; HRS §325-3; am L 1987, c 265, §3]
Haw. Rev. Stat. § 321-282 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-282
General duties of the department.
Status: in_force

The department of health shall:

(1) Provide financial assistance, within the limits of available funds in the financial assistance fund, for the medical care and treatment of persons suffering from hemophilia who meet the standards of eligibility established by the department; provided that the department may contract with a private, nonprofit organization to carry out this function;

(2) Establish standards of eligibility for the financial assistance provided under this part; and

(3) Adopt any necessary rules pursuant to chapter 91 to implement this part. [L 1983, c 280, pt of §2]
Haw. Rev. Stat. § 325-74 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-74
Physicians; precautions; instructions.
Status: in_force

A physician attending a patient having tuberculosis shall take all proper precautions and give proper instructions to provide for the safety of all individuals occupying the same house or apartment.
Haw. Rev. Stat. § 327-5 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-5
Manner of making an anatomical gift before donor's death.
Status: in_force

(a) A donor may make an anatomical gift:

(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;

(2) In a will; or

(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.

(b) A donor or other person authorized to make an anatomical gift under section 327-4 may make a gift by a donor card or other record signed by the donor or other person making the gift, or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or the other person and shall:

(1) Be witnessed by at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) State that it has been signed and witnessed as provided in paragraph (1).

(c) Revocation, suspension, expiration, or cancellation of the driver's license or identification card issued to a donor shall not invalidate an anatomical gift.

(d) An anatomical gift made by a will shall take effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death shall not invalidate the gift. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 321-423 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-423
] Confidentiality of data.
Status: in_force

(a) The identity of, or any information which alone or in combination with other reasonably available information that may be used to identify, any person whose information is collected under this part shall be confidential.

(b) Statistical data and information that do not identify any person may be released. [L 2002, c 252, pt of §1]
Haw. Rev. Stat. § 327E-16 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-16
Optional form.
Status: in_force

The following sample form may be used to create an advance health-care directive. This form may be duplicated. This form may be modified to suit the needs of the person, or a completely different form may be used that contains the substance of the following form.

"ADVANCE HEALTH-CARE DIRECTIVE

Explanation

You have the right to give instructions about your own health care. You also have the right to name someone else to make health-care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding the designation of your health-care provider. If you use this form, you may complete or modify all or any part of it. You are free to use a different form.

Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health-care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner, operator, or employee of a health-care institution where you are receiving care.

Unless the form you sign limits the authority of your agent, your agent may make all health-care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health-care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to:

(1) Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition;

(2) Select or discharge health-care providers and institutions;

(3) Approve or disapprove diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and

(4) Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care.

Part 2 of this form lets you give specific instructions about any aspect of your health care. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, including the provision of artificial nutrition and hydration, as well as the provision of pain relief medication. Space is provided for you to add to the choices you have made or for you to write out any additional wishes.

Part 4 of this form lets you designate a physician to have primary responsibility for your health care.

After completing this form, sign and date the form at the end and have the form witnessed by one of the two alternative methods listed below. Give a copy of the signed and completed form to your physician, to any other health-care providers you may have, to any health-care institution at which you are receiving care, and to any health-care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility.

You have the right to revoke this advance health-care directive or replace this form at any time.

PART 1

DURABLE POWER OF ATTORNEY FOR HEALTH-CARE DECISIONS

(1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me:

___________________________________________________

(name of individual you choose as agent)

___________________________________________________

(address) (city) (state) (zip code)

___________________________________________________

(home phone) (work phone)

OPTIONAL: If I revoke my agent's authority or if my agent is not willing, able, or reasonably available to make a health-care decision for me, I designate as my first alternate agent:

___________________________________________________

(name of individual you choose as first alternate agent)

___________________________________________________

(address) (city) (state) (zip code)

___________________________________________________

(home phone) (work phone)

OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health-care decision for me, I designate as my second alternate agent:

___________________________________________________

(name of individual you choose as second alternate agent)

___________________________________________________

(address) (city) (state) (zip code)

___________________________________________________

(home phone) (work phone)

(2) AGENT'S AUTHORITY: My agent is authorized to make all health-care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration, and all other forms of health care to keep me alive, except as I state here:

___________________________________________________

___________________________________________________

___________________________________________________

(Add additional sheets if needed.)

(3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's authority becomes effective when my primary physician determines that I am unable to make my own health-care decisions unless I mark the following box. If I mark this box [ ], my agent's authority to make health-care decisions for me takes effect immediately.

(4) AGENT'S OBLIGATION: My agent shall make health-care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health-care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.

(5) NOMINATION OF GUARDIAN: If a guardian needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able, or reasonably available to act as guardian, I nominate the alternate agents whom I have named, in the order designated.

PART 2

INSTRUCTIONS FOR HEALTH CARE

If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out this part of the form. If you do fill out this part of the form, you may strike any wording you do not want.

(6) END-OF-LIFE DECISIONS: I direct that my health-care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below: (Check only one box.)

[ ] (a) Choice Not To Prolong Life

I do not want my life to be prolonged if (i) I have an incurable and irreversible condition that will result in my death within a relatively short time, (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (iii) the likely risks and burdens of treatment would outweigh the expected benefits, OR

[ ] (b) Choice To Prolong Life

I want my life to be prolonged as long as possible within the limits of generally accepted health-care standards.

(7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition and hydration must be provided, withheld or withdrawn in accordance with the choice I have made in paragraph (6) unless I mark the following box. If I mark this box [ ], artificial nutrition and hydration must be provided regardless of my condition and regardless of the choice I have made in paragraph (6).

(8) RELIEF FROM PAIN: If I mark this box [ ], I direct that treatment to alleviate pain or discomfort should be provided to me even if it hastens my death.

(9) OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that:

___________________________________________________

___________________________________________________

(Add additional sheets if needed.)

PART 3

DONATION OF ORGANS AT DEATH

(OPTIONAL)

(10) Upon my death: (mark applicable box)

[ ] (a) I give any needed organs, tissues, or parts,

OR

[ ] (b) I give the following organs, tissues, or parts only

__________________________________________

[ ] (c) My gift is for the following purposes (strike any of the following you do not want)

(i) Transplant

(ii) Therapy

(iii) Research

(iv) Education

PART 4

PRIMARY PHYSICIAN

(OPTIONAL)

(11) I designate the following physician as my primary physician:

___________________________________________________

(name of physician)

___________________________________________________

(address) (city) (state) (zip code)

___________________________________________________

(phone)

OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician:

___________________________________________________

(name of physician)

___________________________________________________

(address) (city) (state) (zip code)

___________________________________________________

(phone)

(12) EFFECT OF COPY: A copy of this form has the same effect as the original.

(13) SIGNATURES: Sign and date the form here:

_______________________ _______________________

(date) (sign your name)

_______________________ _______________________

(address) (print your name)

_______________________

(city) (state)

(14) WITNESSES: This power of attorney will not be valid for making health-care decisions unless it is either (a) signed by two qualified adult witnesses who are personally known to you and who are present when you sign or acknowledge your signature; or (b) acknowledged before a notary public in the State.

ALTERNATIVE NO. 1

Witness

I declare under penalty of false swearing pursuant to section 710-1062, Hawaii Revised Statutes, that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility. I am not related to the principal by blood, marriage, or adoption, and to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

_______________________ _______________________

(date) (signature of witness)

_______________________ _______________________

(address) (printed name of witness)

_______________________

(city) (state)

Witness

I declare under penalty of false swearing pursuant to section 710-1062, Hawaii Revised Statutes, that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility.

_______________________ _______________________

(date) (signature of witness)

_______________________ _______________________

(address) (printed name of witness)

_______________________

(city) (state)

ALTERNATIVE NO. 2

State of Hawaii

County of ________________

On this _____________ day of _______________, in the year _______, before me, __________________ (insert name of notary public) appeared _________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it.

Notary Seal

____________________________

(Signature of Notary Public)"
Haw. Rev. Stat. § 334-60.7 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-60.7
Notice of intent to discharge.
Status: in_force

(a) When the administrator, the administrator's deputy, or the attending physician of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2, the administrator, the administrator's deputy, or the attending physician shall provide notice of intent to discharge, or if the patient voluntarily agrees to further hospitalization, the administrator, the administrator's deputy, or the attending physician shall provide notice of the patient's admission to voluntary inpatient treatment. The following requirements and procedures shall apply:

(1) The notice and a certificate of service shall be filed with the family court and served on those persons whom the order of commitment specifies as entitled to receive notice, by mail at the person's last known address. If the commitment resulted directly from legal proceedings under chapter 704 or 706, notice shall also be sent to the prosecuting attorney of the county from which the person was originally committed, by facsimile or electronically, for the sole purpose of victim notification ; and

(2) Any person specified as entitled to receive notice may waive this right in writing with the psychiatric facility.

(b) For civil commitments that do not result directly from legal proceedings under chapter 704 or 706, when the administrator, the administrator's deputy, or the attending physician of a psychiatric facility contemplates discharge of an involuntary patient, the administrator, the administrator's deputy, or the attending physician shall assess whether an assisted community treatment plan is indicated pursuant to section 334-123 and, if so indicated, may communicate with an aftercare provider as part of discharge planning, as appropriate. [L 1984, c 188, pt of §3; am L 1988, c 44, §2; am L 2014, c 156, §1; am L 2018, c 144, §6; am L 2025, c 219, §10]
Haw. Rev. Stat. § 321-543 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-543
Licensing.
Status: in_force

It shall be unlawful for any person to operate as a durable medical equipment supplier that sells, dispenses, delivers, or services durable medical equipment to a consumer in the State without first obtaining a license. To receive a license, a durable medical equipment supplier shall attest and provide corroborating documentation to the department that the supplier:

(1) Is in compliance with the business registration laws of the State and has all required tax identification numbers;

(2) Is licensed and in good standing in the state in which its dispensing facilities are primarily located, if applicable, and complies with all applicable state and federal laws, rules, and standards;

(3) Has designated a responsible agent or agents either in or out of the State who will be responsible for providing timely and satisfactory services to consumers in the State; provided that:

(A) The responsible agent or agents must be available to consumers in the State by phone during standard business hours in Hawaii to answer inquiries or resolve issues; and

(B) If the responsible agent or agents are not immediately available, then the supplier shall have a system capable of accepting and recording incoming phone inquiries; provided that the supplier shall respond no later than one business day after the inquiry is received;

(4) Has implemented and maintains written procedures at each location for handling complaints and problems from all consumers, which includes a complaint file documenting complaints or problems and resolution of the complaints or problems; and

(5) Will agree to notify consumers within two business days if the supplier cannot or will not provide the equipment, item, or service ordered; provided that suppliers may be exempt from this requirement if selling, dispensing, delivering, or servicing specialty equipment or items. [L 2016, c 137, pt of §2]
Haw. Rev. Stat. § 326-1.5 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-1.5
Patients living in the community; policy on services.
Status: in_force

It is the policy of the State that all persons who were institutionalized for segregation by order of the department of health because of Hansen's disease and who live in the community shall be accorded adequate health care and other medical treatment and services for the remainder of their lives as provided under sections 326-1 and 326-13, as long as they reside in the State; provided that the department of health shall be the payor of last resort for medical treatment and services not related to the treatment and care of Hansen's disease.
Haw. Rev. Stat. § 342D-8 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-8
Inspection of premises.
Status: in_force

(a) The director, in accordance with law, may enter and inspect any building or place to:

(1) Investigate an actual or suspected source of water pollution;

(2) Investigate actual or suspected management practices for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution;

(3) Ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the department pursuant to this chapter, or any permit or other approval granted by the department pursuant to this chapter; and

(4) Make reasonable tests in connection therewith.

(b) The director may require any permittee or holder of a variance or person subject to pretreatment requirements to permit the director or the director's authorized representative upon the presentation of the director's or representative's credentials:

(1) To enter upon permittee's or variance holder's premises or premises of a person subject to pretreatment requirements in which an effluent source is located or in which any records are required to be kept under the terms and conditions of the permit or variance or pretreatment requirements;

(2) To inspect any monitoring equipment or method required in the permit or variance or by pretreatment requirements; and

(3) To sample any discharge of water pollutants or effluent.

(c) No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of water pollution shall be disclosed by the official or employee except as it relates directly to water pollution and then, only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment. [L 1989, c 212, pt of §2; am L 1995, c 180, §8; am L 1999, c 193, §5]
Haw. Rev. Stat. § 342P-3 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-3
Duties, rules, powers, appointment of hearings officers.
Status: in_force

(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall provide for the review of asbestos and lead abatement plans and the inspection of abatement projects within the State.

(b) The director may make, amend, and repeal state rules controlling and prohibiting asbestos pollution and lead-based paint hazards and regulating asbestos and lead abatement. All rules shall be adopted pursuant to chapter 91. Any person heard at a public hearing to adopt these rules shall be given written notice of the action taken by the department with respect to the same.

(c) The director, without regard to chapter 76, may appoint hearings officers to conduct public participation activities, including public hearings and public informational meetings. [L 1991, c 219, pt of §1; am L 1998, c 242, §5; am L 2000, c 253, §150]
Haw. Rev. Stat. § 328-48 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-48
Penalty.
Status: in_force

Any person violating any of the provisions of sections 328-41 to 328-47 shall be fined not less than $10 nor more than $200 for each offense.
Haw. Rev. Stat. § 329D-17 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-17
Prohibition of distribution of medical cannabis and medical cannabis products to minors; penalties.
Status: in_force

(a) A person commits the offense of promoting medical cannabis or medical cannabis products to a minor if the person intentionally or knowingly distributes any amount of cannabis or manufactured cannabis products that came from a dispensary or production center to a minor who is not a registered qualifying patient or a registered qualifying out-of-state patient under eighteen years of age.

(b) Any person who violates this section shall be guilty of a class B felony. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §20]

Revision Note

"Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
Haw. Rev. Stat. § 327-22 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-22
Cooperation between medical examiner or coroner and procurement organization.
Status: in_force

(a) A medical examiner or coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research, or education.

(b) If a medical examiner or coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner or coroner and a post-mortem examination is going to be performed, unless the medical examiner or coroner denies recovery in accordance with section 327-23, the medical examiner or coroner or designee shall make a reasonable attempt to conduct a post-mortem examination of the body or the body part in a manner and within a period compatible with its preservation for the purposes of the gift.

(c) A body part may not be removed from the body of a decedent under the jurisdiction of a medical examiner or coroner for transplantation, therapy, research, or education unless the body part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner or coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner or coroner from performing the medicolegal investigation upon the body or body parts of a decedent under the jurisdiction of the medical examiner or coroner. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 328-21 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-21
Rules and regulations, hearings.
Status: in_force

(a) Subject to chapter 91 the director of health may adopt and enforce such rules or regulations as the director may deem necessary for the efficient enforcement of this part. The director may make the rules or regulations prescribed under this part conform insofar as practicable with those promulgated under the Federal Act.

(b) Hearings authorized or required by this part shall be conducted by the director or any officer, agent, or employee designated by the director for that purpose and shall be subject to chapter 91. [L 1941, c 318, §16; RL 1945, §2220; RL 1955, §51-20; am L 1965, c 96, §37; HRS §328-21; gen ch 1985]
Haw. Rev. Stat. § 334-11 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-11
Service area boards.
Status: in_force

(a) A service area board shall be established within the department of health for administrative purposes to advise each service area administrator. Each board shall consist of nine members appointed by the governor, who shall serve for terms to be determined by the governor. After the initial appointees, the governor shall fill each vacancy on a board by appointing a member from a list of four persons submitted by that board, except that, if the board is unable to achieve a quorum at two consecutive meetings called for the purpose of making such a list, the list may be provided by a group of at least seven service area consumers and nonproviders of mental health services. This group shall consist of all board members willing to participate in making the list and other area consumers and nonproviders of mental health services to be selected by the service area board chairperson and service area administrator. Any meeting called for the purpose of making the list shall be subject to part I of chapter 92. The members of the board shall be service area residents, who are consumers or nonproviders of mental health services and service area providers with a majority being non-state employees and nonproviders of mental health or other health services.

Each board shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the board.

(b) Each service area administrator and board, in consultation with public and private providers, shall participate in the development of comprehensive integrated service area plans and budgets. Each board shall advise the service area administrator about service area needs to prevent and treat mental or emotional disorders, combined mental illness substance abuse disorders, and persons afflicted by these disorders, and provide advice, guidance, and recommendations to both the advisory commission on drug abuse and controlled substances, section 329-2, and the state council on mental health, section 334-10, as they deem appropriate.

(c) If a service area administrator's actions are not in conformance with the board's planning decisions, the service area administrator shall provide a written explanation to the board.

(d) A quorum for purposes of doing business shall consist of a majority of the members serving on a board immediately before a meeting begins.

(e) If a quorum is present when a vote is taken, the affirmative vote of a majority of the members present shall constitute a valid act of a board unless this chapter, part I of chapter 92, or the articles or bylaws of the board require the vote of a greater number of members. [L 1984, c 218, pt of §1; am L 1985, c 6, §1; am L 1987, c 14, §1; am L 1993, c 210, §3; am L 2004, c 79, §4; am L 2018, c 138, §1]
Haw. Rev. Stat. § 334E-2 — HI Code / Division 1 / Title 19 / Chapter 334E / Section 334E-2
Rights of in-patients.
Status: in_force

(a) Any patient in a psychiatric facility shall be afforded rights, and any psychiatric facility shall provide the rights to all patients; provided that when a patient is not able to exercise the patient's rights, the patient's legal guardian or legal representative shall have the authority to exercise the same on behalf of the patient. The rights shall include but not be limited to the following:

(1) Access to written rules and regulations with which the patient is expected to comply;

(2) Access to the facility's grievance procedure or to the department of health as provided in section 334-3;

(3) Freedom from reprisal;

(4) Privacy, respect, and personal dignity;

(5) A humane environment;

(6) Freedom from discriminatory treatment based on race, color, creed, national origin, age, and sex;

(7) A written treatment plan based on the individual patient;

(8) Participation in the planning of the patient's treatment plan;

(9) Refusal of treatment except in emergency situations or when a court order or an administrative order pursuant to chapter 334, part VIII or X, has been issued;

(10) Refusal to participate in experimentation;

(11) The choice of physician if the physician chosen agrees;

(12) A qualified, competent staff;

(13) A medical examination before initiation of non-emergency treatment;

(14) Confidentiality of the patient's records;

(15) Access to the patient's records;

(16) Knowledge of rights withheld or removed by a court or by law;

(17) Physical exercise and recreation;

(18) Adequate diet;

(19) Knowledge of the names and titles of staff members with whom the patient has frequent contact;

(20) The right to work at the facility and fair compensation for work done; provided that work is available and is part of the patient's treatment plan;

(21) Visitation rights, unless the patient poses a danger to self or others; provided that where visitation is prohibited, the legal guardian or legal representative shall be allowed to visit the patient upon request;

(22) Uncensored communication;

(23) Notice of and reasons for an impending transfer;

(24) Freedom from seclusion or restraint, except:

(A) When necessary to prevent injury to self or others;

(B) When part of the treatment plan; or

(C) When necessary to preserve the rights of other patients or staff;

(25) Disclosure to a court, at an involuntary civil commitment hearing, of all treatment procedures that have been administered before the hearing; and

(26) Receipt by the patient and the patient's guardian or legal guardian, if the patient has one, of this enunciation of rights at the time of admission.

(b) All the rights of in-patients are to be qualified by reasonableness in view of the circumstances.

(c) The department of health shall investigate any complaints brought to them concerning this section, except as provided in subsection (d). The department shall report in writing its findings and recommendation to the originator of the complaint, no later than thirty days from the date the complaint is submitted.

(d) The office of the ombudsman shall be responsible for all investigations of complaints against any public psychiatric facility, as provided under chapter 96. [L 1980, c 272, pt of §1; am L 1982, c 200, §1; gen ch 1985; am L 2017, c 111, §§3, 8; am L 2025, c 219, §25]
Haw. Rev. Stat. § 340E-24 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-24
Notification of contamination of underground sources of drinking water and other sources of public drinking water.
Status: in_force

(a) Suppliers of water shall notify the department by written communication of any previously undetected chemical contamination of any underground sources of drinking water or other sources of public drinking water supply within seven days of detecting the presence of a contaminant. The written communication shall contain information known to the supplier on the level of detection, location (including depth of the source), date, well construction, and analytical method used, including information on the precision, accuracy, and limit of detection of the method and any quality assurance and control procedures.

(b) The director shall notify the public through the media, and the affected water supplier by written communication, of the presence of any previously undetected chemical contaminant in underground sources of drinking water or in any public water supply within fourteen days of the development of reliable analytical data by the department of health laboratory or receipt of reliable analytical data indicating to the director that the contaminant has been detected by another laboratory. [L 1987, c 297, pt of §2(2)]
Haw. Rev. Stat. § 342L-62 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-62
[ §342L-62] Duties.
Status: in_force

[ §342L-62] Duties. (a) The advisory committee shall study issues related to leaks of field-constructed underground fuel storage tanks at the Red Hill Bulk Fuel Storage Facility, Kuahua Peninsula, Pacific Missile Range Facility Barking Sands, Hickam Pol Annex, and Schofield Barracks Military Reservation. The advisory committee shall consider:

(1) The short- and long-term effects of leaks of the fuel tanks, including effects relating to the health of residents, safe drinking water, and the environment;

(2) Response strategies to mitigate the effects of leaks from fuel tanks;

(3) Methods to improve communication between the United States Navy, Air Force, and Army; the State; any local board of water supply; and the public in the event of a leak of any fuel tank;

(4) Groundwater test results in relation to the surrounding areas of fuel tank facilities, with a particular emphasis on the groundwater near the Red Hill Bulk Fuel Storage Facility;

(5) The implications of shutting down any fuel tank facility; and

(6) Updates on progress toward meeting goals of agreement between the State, the affected county, and the federal government.

(b) No later than twenty days before the convening of each regular session, the advisory committee shall submit a report of its findings, including groundwater test results, and recommendations, including any proposed legislation, to the legislature. [L 2016, c 244, pt of §2]
Haw. Rev. Stat. § 340B-10 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-10
Criminal penalties.
Status: in_force

Any individual who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or by any rule or regulation adopted under this chapter shall be guilty of a petty misdemeanor.
Haw. Rev. Stat. § 342I-35 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-35
Disposition of collected fines and penalties.
Status: in_force

Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2.
Haw. Rev. Stat. § 328-17.7 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-17.7
Record of prescriptions.
Status: in_force

(a) Every practitioner, pharmacist, or medical oxygen distributor who compounds, sells, or delivers any prescribed drug to a patient or a patient's agent shall maintain records that identify:

(1) The specific drug product dispensed, including:

(A) The product's national drug code (NDC) number; or

(B) The brand name or the established name and the name or commonly accepted abbreviation of the principal labeler of the drug product dispensed, the product strength, and the dosage form;

(2) The quantity of the drug;

(3) Directions for use;

(4) The number of allowable refills;

(5) The date of initial dispensing and the dates of all refilling;

(6) The date of any transfer of the prescription;

(7) The name, business address, and telephone number of the recipient pharmacist or medical oxygen distributor for any transfer of prescription;

(8) The prescribing practitioner, including name, business address, and telephone number;

(9) The format (oral, written, or electronic) in which the prescription was received;

(10) Except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, the patient, including name, address, and telephone number;

(11) The date of prescribing; and

(12) The name of the practitioner, pharmacist, or medical oxygen distributor dispensing the drug.

Every prescription dispensed shall have the name of the pharmacist, dispensing practitioner, or medical oxygen distributor responsible for the dispensing appended to the prescription record, and every prescription record shall be preserved and legible for a period of not less than five years. The prescription records shall be subject at all times to the inspection of the director of health or the director's agent.

(b) Prescription records may be electronically maintained using an appropriate prescription information processing system; provided that:

(1) There are procedures to maintain the records, including but not limited to auxiliary procedures for backing up files, computer downtime, and the protection of patient confidentiality; and

(2) Upon request the prescription records, or a subset thereof, shall be provided to the director or the director's agent, in a form specified by the director, within forty-eight hours.

(c) Prescription records shall be maintained electronically or manually such that the information is readily retrievable during the pharmacy's normal operating hours. [L 1992, c 177, pt of §1; am L 1997, c 214, §5; am L 2000, c 83, §5; am L 2001, c 124, §5; am L 2003, c 56, §4; am L 2013, c 250, §6; am L 2018, c 154, §6]
Haw. Rev. Stat. § 342H-5 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-5
Variances.
Status: in_force

(a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to applicable standards, and such other information as the department may by rule prescribe.

(b) Each application for a variance shall be reviewed in light of the descriptions, statements, plans, histories, and other supporting information submitted with the application, such additional information as may be submitted upon the request of the department, and the effect or probable effect upon the standards established pursuant to this chapter.

(c) Whenever an application for a variance is approved, the department shall issue a variance authorizing the disposal of solid waste in nonconformance with applicable standards or rules. No variance shall be granted by the department unless the application and the supporting information clearly show that:

(1) The continuation of the function or operation involved in the disposal occurring or proposed to occur by the granting of the variance is in the public interest as defined in section 342H-4;

(2) The disposal occurring or proposed to occur does not substantially endanger human health or safety; and

(3) Compliance with the applicable standards or rules from which variance is sought would produce serious hardship without equal or greater benefits to the public.

(d) Any variance or renewal thereof shall be granted within the requirements of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:

(1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, control, or abatement of the solid waste pollution involved, it shall be only until the necessary means for prevention, control, or abatement become practicable and subject to the taking of any substitute or alternate measures that the department may prescribe. No renewal of a variance granted under this subsection shall be allowed without a thorough review of known and available means of preventing, controlling, or abating the solid waste pollution involved;

(2) The director may issue a variance for a period not exceeding five years; and

(3) Every variance granted under this section may be subject to such conditions as the director may prescribe.

(e) Any variance granted pursuant to this section may be renewed from time to time on terms and conditions and for periods not exceeding five years which would be appropriate on initial granting of a variance; provided that the applicant for renewal has met all of the conditions specified in the immediately preceding variance; and provided further that the renewal, and the variance issued in pursuance thereof, shall provide for a variance not greater than that attained pursuant to the terms of the immediately preceding variance at its expiration. No renewal shall be granted except on application therefor. Any such application shall be made at least one hundred eighty days prior to the expiration of the variance. The director shall act on an application for renewal within one hundred eighty days of the receipt of such application.

(f) The director may afford a hearing in accordance with chapter 91 in relation to an application for the issuance, renewal, or modification of a variance.

(g) No variance granted pursuant to this chapter shall be construed to prevent or limit the application of any emergency provisions and procedures provided by law.

(h) Any application for a variance submitted pursuant to this chapter, shall be subject to the following public participation requirements:

(1) Public notices of every completed application for a variance shall be given in a manner designed to inform interested and potentially interested persons of the proposed disposal or other proposed activity. Procedures for giving public notice shall include at least the following:

(A) Notice shall be given within the geographical areas of the proposed disposal or other proposed activity;

(B) Notice shall be mailed to any person or group upon request; and

(C) The director shall add the name of any person or group upon request to a mailing list to receive copies of notices for all variance applications within the State or within a certain geographical area;

(2) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit their written reviews with respect to the variance application and the tentative determinations of the department, if any. The period for comment may be extended at the discretion of the director;

(3) The contents of public notice of applications for variances shall include at least the following:

(A) Name, address, and phone number of agency issuing the public notice;

(B) Name and address of each applicant;

(C) Brief description of each applicant's activities or operations which result in the disposal or other activity described in the variance application;

(D) A short description of the location of each disposal or activity indicating whether the disposal or activity is new or existing;

(E) A brief description of the procedures for the formulation of final determinations, including the thirty-day comment period required by paragraph (2) and any other means by which interested persons may influence or comment upon those determinations; and

(F) Address and phone number of state agency premises at which interested persons may obtain further information and inspect a copy of the variance applications and supporting and related documents; and

(4) The director may hold a public hearing if, after reviewing the comments submitted under paragraph (2), the director determines that a public hearing is warranted. Any hearing brought pursuant to this subsection shall be held in the geographical area of the proposed disposal or other proposed activity, or other appropriate area, at the discretion of the director.

(i) Variances shall not be granted to owners or operators of municipal solid waste landfill units except where specifically provided for in the rules adopted pursuant to this part. [L 1989, c 212, pt of §4; am L 1992, c 245, §4; am L 1998, c 2, §91]
Haw. Rev. Stat. § 330-2 — HI Code / Division 1 / Title 19 / Chapter 330 / Section 330-2
Rules concerning poisons.
Status: in_force

The department of health may adopt rules concerning poisons and poison containers. [PC 1869, c 88, §1; am L 1872, c 16, §1; RL 1925, §1004; am L 1931, c 224, pt of §1; RL 1935, §1430; RL 1945, §2952; am L 1945, c 139, §1(b); RL 1955, §53-2; am L Sp 1959 2d, c 1, §19; HRS §330-2; am L 2001, c 2, §2]
Haw. Rev. Stat. § 325-139 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-139
Immunization cost reimbursement to providers; limits.
Status: in_force

This part shall have no impact on amounts paid to providers to administer immunizations. No provider may bill any assessed entity or any other person for any immunizations supplied at no cost by the State.
Haw. Rev. Stat. § 341-5.5 — HI Code / Division 1 / Title 19 / Chapter 341 / Section 341-5.5
Environmental advisory council; established; quorum; number of votes necessary to validate acts.
Status: in_force

(a) There is created an environmental advisory council not to exceed fifteen members. Members of the environmental advisory council shall be appointed by the governor as provided in section 26-34. The environmental advisory council shall be established within the office of planning and sustainable development for administrative purposes. The term of each member shall be four years. Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments. The environmental advisory council chairperson shall be elected by the council from among the appointed members of the council.

(b) A majority of all of the members currently appointed to the environmental advisory council shall constitute a quorum to do business, and the concurrence of a majority of all of the members currently appointed to the environmental advisory council shall be necessary to make any action of the council valid.

(c) Members shall be appointed to ensure a broad and balanced representation of educational, business, and environmentally pertinent disciplines and professions, such as the natural and social sciences, the humanities, architecture, engineering, environmental consulting, public health, and planning; educational and research institutions with environmental competence; agriculture, real estate, visitor industry, construction, and media; and voluntary community and environmental groups. The members of the environmental advisory council shall serve without compensation but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the discharge of their duties. [L 2021, c 152, §2; am L 2021, c 153, §9; am L 2022, c 186, §1]
Haw. Rev. Stat. § 342F-19 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-19
Other powers of department not affected.
Status: in_force

The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law.
Haw. Rev. Stat. § 321-224 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-224
Department of health, functions, duties.
Status: in_force

(a) In addition to other functions and duties assigned under this part, the department shall:

(1) Regulate ambulances and ambulance services statewide;

(2) Establish emergency medical services throughout the service area, including emergency aeromedical services, which shall meet the requirements of this part, subject to section 321-228;

(3) Review and approve the curricula and syllabi of training courses offered to emergency medical services personnel statewide who provide basic, intermediate, and advanced life support, consult and coordinate with the University of Hawaii, or any other accredited community college, college, or university, or any professional organization that provides emergency medical services training, regarding the training for basic, intermediate, and advanced life support personnel, as provided in section 321-229;

(4) Collect and evaluate data for the continued evaluation of the statewide emergency medical services system, subject to section 321-230;

(5) Coordinate, on a statewide basis, emergency medical resources and the allocation of emergency services and facilities in the event of mass casualties, natural disasters, national emergencies, and other emergencies, ensuring linkage to local, state, and national disaster plans, and participation in exercises to test these plans;

(6) Establish, administer, and maintain a communication system for the service area;

(7) Assist each county in the service area in the development of a "911" emergency telephone system;

(8) Secure technical assistance and other assistance and consultation necessary for the implementation of this part, subject to section 321-230;

(9) Implement public information and education programs to inform the public of the statewide system and its use, and disseminate other emergency medical information, including appropriate methods of medical self-help and first-aid, and the availability of first-aid training programs statewide;

(10) Establish standards and provide training for dispatchers in the state system, and maintain a program of quality assurance for dispatch equipment and operations; provided that individuals acting as dispatchers in the State as of July 1, 2022, shall obtain emergency medical dispatch certification by July 1, 2026, and shall maintain certification thereafter;

(11) Establish a program that will enable emergency service personnel statewide to provide early defibrillation;

(12) Establish within the department the emergency medical service system for children statewide;

( 13) Consult with the advisory committee on matters relating to the implementation of this part; and

(14) Establish and maintain statewide standards for emergency medical services course instructor qualifications and statewide requirements for emergency medical services training facilities.

(b) The department may assist in the implementation of a statewide poison information program, including the provision of a hospital-based poison center's services certified by the department. [L 1978, c 148, pt of §1; am L 1992, c 110, §1; am L 1993, c 279, §2; am L 1994, c 242, §3; am L 1996, c 210, §1; am L 1999, c 212, §1; am L 2002, c 168, §1; am L Sp 2003, c 2, §2; am L 2021, c 208, §7]
Haw. Rev. Stat. § 329B-8 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-8
Rulemaking.
Status: in_force

The department may adopt rules under chapter 91 necessary to implement this chapter.
Haw. Rev. Stat. § 329-62 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-62
Proper identification.
Status: in_force

(a) Any manufacturer, wholesaler, retailer, or other person who receives from a source outside of the State any substance specified in section 329-61 prior to selling, transferring, or otherwise furnishing any substance specified in section 329-61 to a person in this State, shall require proper identification from the purchaser.

(b) For the purposes of this section, "proper identification" means a motor vehicle operator's license or other official state-issued identification of the purchaser which contains a photograph of the purchaser; the residential or mailing address of the purchaser other than a post office box number, or the tax map key number if no other address is available; the motor vehicle license number of any motor vehicle owned or operated by the purchaser; a letter of authorization from the business for which any substance specified in section 329-61 is being furnished, which includes the general excise license number and address of the business; a full description of how the substance is to be used; and the signature of the purchaser. The person selling, transferring, or otherwise furnishing any substance specified in section 329-61 shall sign as a witness to the signature and identification of the purchaser.

(c) Any manufacturer, wholesaler, retailer or other person who does not obtain the proper identification as required by this section shall be fined not more than $5,000, or imprisoned not more than thirty days, or both. [L 1990, c 200, pt of §1]
Haw. Rev. Stat. § 343-8 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-8
Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application; and to this end, the provisions of this chapter are declared to be severable.
Haw. Rev. Stat. § 342J-54 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-54
Permits; procedures for.
Status: in_force

(a) An application for any permit required under this part shall be in a form prescribed by the director.

(b) The department may require that applications for the permits shall be accompanied by plans, specifications, and the other information that it deems necessary in order for it to determine whether the proposed installation, alteration, or use will be in accord with applicable rules and standards.

(c) The director shall issue a permit for any term, not exceeding five years, if the director determines that it will be in the public interest; provided that the permit may be subject to reasonable conditions that the director may prescribe. The director, on application, shall renew a permit from time to time for a term not exceeding five years if the director determines that it is in the public interest. The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91.

The director may require a public notice or hearing, or both, for permit issuances, reissuances, denial, revocation, suspension, or substantial modifications to a permit requested by a permittee, or modifications to a permit initiated by the director if the director determines that notice or hearing, or both, are in the public interest.

The director, on the director's own motion or the application of any person, may modify, suspend, or revoke any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:

(1) There is a violation of any condition of the permit;

(2) The permit was obtained by misrepresentation, or failure to disclose fully all relevant facts;

(3) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted emission; or

(4) The modification, suspension, or revocation is in the public interest.

In determining the public interest, the director shall consider the environmental impact of the proposed action, any adverse environmental effects of the proposed action, any adverse environmental effects which cannot be avoided if the action is implemented, the alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented, and any other factors which the director may by rule prescribe; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.

(d) The failure of the director to act on an application for the issuance of a permit or an application by a permit holder for the modification or renewal thereof within one hundred eighty days of the receipt of the application, shall be deemed a grant of the application; provided that the applicant acts consistently with the application and all plans, specifications, and other information submitted as a part thereof.

(e) No applicant for a modification or renewal of a permit shall be held in violation of this part during the pendency of the applicant's application; provided that the applicant acts consistently with the permit previously granted, the application and all plans, specifications, and other information submitted as a part thereof. [L 1996, c 82, pt of §1; am L 2000, c 3, §2]
Haw. Rev. Stat. § 333E-5 — HI Code / Division 1 / Title 19 / Chapter 333E / Section 333E-5
Officers, committees, staff.
Status: in_force

The state council shall, by majority vote of the voting members, elect its own chairperson from among the appointed members, and shall establish such committees as it deems necessary or desirable. The state council may appoint an executive administrator subject to chapter 76 who may appoint persons to such staff positions subject to chapter 76 as the council may authorize within available funds. The affirmative votes of a majority of the members of the council shall be necessary for the appointment or removal of the executive administrator.
Haw. Rev. Stat. § 335-5 — HI Code / Division 1 / Title 19 / Chapter 335 / Section 335-5
Consultation with transferee's family.
Status: in_force

The compact administrator shall consult with the immediate family of any proposed transferee.
Haw. Rev. Stat. § 321-316 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-316
Immunity from liability.
Status: in_force

Any health care professional or laboratory director who complies with this part shall not be held civilly or criminally liable for providing the information required under this part.
Haw. Rev. Stat. § 343-5.5 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-5.5
[ §343-5.
Status: in_force

[ §343-5.5] Exception to applicability of chapter. (a) Notwithstanding any other law to the contrary, for any primary action that requires a permit or approval that is not subject to a discretionary consent and that involves a secondary action that is ancillary and limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway, that secondary action shall be exempt from this chapter; provided that the applicant for the primary action shall submit documentation from the appropriate agency confirming that no further discretionary approvals are required.

(b) As used in this section:

"Discretionary consent" means:

(1) An action as defined in section 343-2; or

(2) An approval from a decision-making authority in an agency, which approval is subject to a public hearing.

"Infrastructure" includes waterlines and water facilities, wastewater lines and wastewater facilities, gas lines and gas facilities, drainage facilities, electrical, communications, telephone, and cable television utilities, and highway, roadway, and driveway improvements.

"Primary action" means an action outside of the highway or public right-of-way that is on private property.

"Secondary action" means an action involving infrastructure within the highway or public right-of-way. [L 2012, c 312, §1]
Haw. Rev. Stat. § 340F-6 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-6
Certification requirement.
Status: in_force

All classified water treatment plants whether publicly or privately owned, used, or intended for use by the public or private persons, shall at all times be under the direct supervision of an individual whose competency is certified to by the director in a classification corresponding to the classification of the water treatment plant to be supervised. All classified distribution systems, whether publicly or privately owned, used, or intended for use by the public or private persons, shall at all times be under the supervision of an individual whose competency is certified to by the director in a classification corresponding to the classification of the distribution system to be supervised.
Haw. Rev. Stat. § 327-8 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-8
Preclusive effect of an anatomical gift, amendment, or revocation.
Status: in_force

(a) Except as otherwise provided in subsection (g), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or body part if the donor made an anatomical gift of the donor's body or body part under section 327-5, or an amendment to an anatomical gift of the donor's body or the body part under section 327-6.

(b) A donor's revocation of an anatomical gift of the donor's body or a body part under section 327-6 is not a refusal and shall not bar another person specified in section 327-4 or 327-9 from making an anatomical gift of the donor's body or a body part under section 327-5 or 327-10.

(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or a body part under section 327-5, or an amendment to an anatomical gift of the donor's body or a body part under section 327-6, another person may not make, amend, or revoke the gift of the donor's body or body part under section 327-10.

(d) A revocation of an anatomical gift of the donor's body or a body part under section 327-6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or a body part under section 327-5 or 327-10.

(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 327-4, an anatomical gift of a body part is neither a refusal to give another body part nor a limitation on the making of an anatomical gift of another body part at a later time by the donor or another person.

(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 327-4, an anatomical gift of a body part for one or more of the purposes set forth in section 327-4 is not a limitation on the making of an anatomical gift of the body part for any of the other purposes by the donor or any other person under section 327-5 or 327-10.

(g) If a donor who is an unemancipated minor dies under eighteen years of age, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or body part.

(h) If an unemancipated minor who signed a refusal dies under eighteen years of age, a parent of the individual who is reasonably available may revoke the individual's refusal. [L 2008, c 122, pt of §1]