Haw. Rev. Stat. § 323F-10 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-10
Regional public health facility management advisory committees.
Status: in_force

(a) On the transfer date, there shall be established within the corporation for each region, a public health facility management advisory committee to consist of nine members initially to be appointed by the chief executive officer of the corporation with the advice of the hospital administrators of the facilities in the affected regions. The members shall serve for a term of four years; provided that upon the initial appointment of the members, two shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and three for a term of four years.

Following the initial appointments by the chief executive officer of the corporation board, any vacancies on a regional committee shall be filled by a simple majority vote of the members of the executive committee from a list of qualified nominees submitted by the regional committee in which the vacancy occurred. If a regional committee vacancy remains unfilled for more than thirty days, that vacancy may be filled by the chief executive officer of the corporation.

Each regional management advisory committee shall include medical and health care providers, consumers, and knowledgeable individuals in other appropriate areas such as business and law; provided that at least one member shall be a physician with active medical staff privileges at one of the region's public health facilities. At least three members of the committee shall be consumers.

The management advisory committee for the East Hawaii region shall have three members who reside in the Ka`u district, three members who reside in the Hamakua/North Hilo districts, and three members who reside in the South Hilo/Puna districts. The management advisory committee for the West Hawaii region shall have not less than three members who reside in the North Kohala/South Kohala districts.

Each regional committee shall select its own chairperson and vice chairperson and shall adopt rules governing the terms for removal of its chairperson from the executive management advisory committee. In the event of a regional committee voting to remove its chairperson who concurrently sits on the corporation board, that vote shall be unanimous. In the event of a regional committee voting to remove its physician member from the corporation board, that vote shall also be unanimous. Each regional committee may also adopt other rules as it may consider necessary for the conduct of its business.

The members of the regional committees shall serve without compensation, but shall be reimbursed for traveling expenses incurred in the performance of their duties. The corporation shall provide for the necessary expenses of the committees; provided that no expenses may be incurred without prior authorization by the chief executive officer.

(b) Each regional committee shall sit in an advisory capacity to the chief executive officer on matters concerning the formulation of regional operational and capital improvement budgets, and the planning, construction, improvement, maintenance, and operation of public health facilities within its respective jurisdiction and shall sit in an advisory capacity to the governor on matters concerning the nominees for positions on the corporation board. Nothing in this section shall be construed as precluding or preventing the committees from coordinating their efforts and activities with the facility administrators within their counties.

(c) Each regional committee may prepare a report for inclusion with the corporation's annual report and audit, which shall include but not be limited to comments and analyses on the corporation's regional operational and capital improvement budgets for its respective region.

(d) Upon the establishment of a regional system board for a regional system pursuant to section 323F-3.5, this section shall no longer apply to that regional system. [L 1996, c 262, pt of §2; am L 1998, c 229, §8; am L 2007, c 290, §26]
Haw. Rev. Stat. § 342H-57 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-57
Intervention.
Status: in_force

Any person shall have the right to intervene in any civil action to enforce the provisions of this part if the person has an interest that is, or may be, adversely affected.
Haw. Rev. Stat. § 325-126 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-126
Civil and criminal liability.
Status: in_force

(a) Authorized users of the registry shall not be subject to civil liability for damages by reason of:

(1) Providing information to the registry in good faith; or

(2) Accessing and using information from the registry in good faith for the purposes specified in section 325-124.

(b) Any person who intentionally or knowingly discloses registry information contrary to the confidentiality provisions of this part shall be guilty of a misdemeanor. [L 2010, c 113, pt of §1]
Haw. Rev. Stat. § 323F-8.5 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-8.5
Regional chief executive officer; exempt position.
Status: in_force

(a) Upon establishment, a regional system board may appoint a regional chief executive officer whose salary shall be set by the corresponding regional system board and may discharge a regional chief executive officer; provided that the position shall be exempt from chapter 76 and section 26-35(a)(4). Each regional chief executive officer may also appoint, as necessary, other personnel, exempt from chapters 76 and 89, to work directly for the regional chief executive officer for the regional system and for the corresponding regional system board.

(b) Any regional system board or its designee may discharge its exempt personnel with or without cause; provided that removal without cause shall not prejudice any contract rights of personnel.

(c) Each regional chief executive officer or their designees may appoint, exempt from chapters 76 and 89, hospital administrators, assistant administrators, directors of nursing, medical directors, and staff physicians, to facilitate the management of facilities within the regional system.

(d) Hiring, firing, compensation packages, and other personnel actions with respect to employees not covered by chapters 76 and 89 shall be governed by policies adopted by each regional system board. These policies and guidelines shall be consistent with policies and guidelines adopted by the corporation board after consultation with the regional system boards. [L 2007, c 290, pt of §2; am L 2009, c 182, §14]
Haw. Rev. Stat. § 329-39 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-39
Labels.
Status: in_force

(a) Whenever a producer, manufacturer, or wholesaler of controlled substances, or a pharmacy sells or dispenses any such drug to:

(1) A producer, manufacturer, or wholesaler of controlled substances; or

(2) A pharmacy, physician, dentist, podiatrist, veterinarian, or practitioner;

the producer, manufacturer, wholesaler, or pharmacist shall securely affix to each package in which that drug is contained: a label showing in legible English the name and address of the vendor or dispenser; and the amount, quantity, kinds, and form of controlled substances contained in each package.

(b) Whenever a pharmacist sells or dispenses any controlled substance on a prescription issued by a physician, dentist, podiatrist, or veterinarian, the pharmacist shall affix to the bottle or other container in which the drug is sold or dispensed:

(1) The pharmacy's name and business address;

(2) The serial number of the prescription;

(3) The name of the patient or, if the patient is an animal, the name of the owner of the animal and the species of the animal;

(4) The name of the physician, dentist, podiatrist, or veterinarian by whom the prescription is written; and

(5) Such directions as may be stated on the prescription.

(c) No person shall alter, deface, or remove any label affixed to a package, bottle, or other container in which a drug is sold or dispensed, except for the purpose of replacing the label with the person's own lawful authorized label. [L 1931, c 152, §10; RL 1935, §1279; RL 1945, §2610; am L 1955, c 180, §1; RL 1955, §52-21; am L 1959, c 71, §3; HRS §329-14; ren L 1972, c 10, §7(1); am L 1977, c 116, §4; gen ch 1985; am L 1996, c 206, §3]
Haw. Rev. Stat. § 342D-105 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-105
Recordkeeping requirements.
Status: in_force

An owner or operator subject to section 342D-104 shall record the information required to be gathered under that section and shall maintain the records for three years after the date the information was gathered.
Haw. Rev. Stat. § 334-51 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-51
§§334-51 to 334-58 [OLD] REPEALED.
Status: repealed

§§334-51 to 334-58 [OLD] REPEALED. L 1976, c 130, pt of §4.
Haw. Rev. Stat. § 325-35 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-35
Forms and procedures.
Status: in_force

The department of health may prescribe forms and procedures to achieve the purposes of sections 325-32 to 325-34 and shall maintain a complete roster of all exemptions from vaccination or immunization.
Haw. Rev. Stat. § 334-9 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-9
Rules.
Status: in_force

The director of health shall adopt rules in accordance with chapter 91 to carry out this chapter.
Haw. Rev. Stat. § 327-7 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-7
Refusal to make an anatomical gift and effect of refusal.
Status: in_force

(a) An individual may refuse to make an anatomical gift of the individual's body or body part by:

(1) A record signed by:

(A) The individual; or

(B) Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;

(2) The individual's will whether or not the will is admitted to probate or invalidated after the individual's death; or

(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.

(b) A record signed pursuant to subsection (a)(1)(B) 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 individual; and

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

(c) An individual may amend or revoke a refusal:

(1) In the manner provided in subsection (a) for making a refusal;

(2) By subsequently making an anatomical gift pursuant to section 327-5 that is inconsistent with the refusal; or

(3) By the destruction or cancellation of the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d) Except as otherwise provided in section 327-8(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or a body part bars all other persons from making an anatomical gift of the individual's body or the body part. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 325-135 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-135
Reports and audits.
Status: in_force

(a) The department shall audit assessed entities and providers in accordance with the reporting and compliance requirements of the program. Each assessed entity shall report its number of child and adult covered lives according to a schedule determined by the director and respond to any requests by the director related to covered lives or assessments due. Any assessed entity that fails to respond to an audit request within ten business days of the receipt of notification of audit request shall be responsible for prompt payment of fees of any outside auditor engaged by the department to determine the information and shall make all records requested by the department-engaged auditors available for inspection and copying at the location within the State as specified by the auditor.

(b) Each provider administering immunizations in the State that are supplied via federal vaccination programs or the program shall report to the Hawaii immunization registry pursuant to section 325-122 any data related to immunizations as the department determines is necessary for disease prevention, control, and immunization inventory management and accountability purposes.

(c) Failure to cure non-compliance with any reporting, auditing, or assessment obligation to the department no later than thirty days from the postmarked date of written notice of noncompliance may subject the assessed entity to fines, fees, and other costs of enforcement established pursuant to subsection (d). Any monetary fine, fee, or cost reimbursement shall be remitted to the universal immunization purchase special fund.

(d) Any entity that violates this part shall be fined not more than $1,000 for each separate offense. Each day of violation shall constitute a separate offense. The assessed entity shall also pay for reasonable attorneys' fees and any other costs of enforcement under this section. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 2025, c 175, pt of §2]
Haw. Rev. Stat. § 342D-53 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-53
Certifying agency and water quality certification.
Status: in_force

(a) Water quality certification shall be required pursuant to section 401 of the Act for any applicant for a federal license or permit to conduct any activity, including the construction or operation of facilities, that may cause any discharge into navigable waters.

(b) The director may act as a certifying agency.

(c) The director shall adopt and enforce rules, pursuant to chapter 91, to administer water quality certifications. (d) The term of any water quality certification issued by the director shall not exceed five years.

(e) The director shall not require a person to apply for a water quality certification if the person:

(1) Has received notice of authorization to proceed from the department of land and natural resources' office of conservation and coastal lands under the statewide programmatic general permit for the restoration, repair, maintenance, and operation of loko i`a; or

(2) Has received notice of authorization to proceed from the department of land and natural resources' office of conservation and coastal lands under the small-scale beach restoration program.

(f) As used in this section, "certifying agency" has the same meaning as "certifying authority" as defined in title 40 Code of Federal Regulations section 121.1(b). [L 1989, c 212, pt of §2; am L 2023, c 233, §8; am L 2025, c 21, §11]
Haw. Rev. Stat. § 329-37 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-37
Filing requirements.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] All persons registered to manufacture, distribute, conduct reverse distribution, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with the department of public safety on forms and within the time and manner prescribed by the department of public safety, copies of order, receipt and distribution of schedule I and schedule II controlled substances and other controlled substances designated by the department of public safety, showing the amounts of such controlled substances ordered, received, distributed, transported, warehoused, or otherwise handled.

§329-37 Filing requirements. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] All persons registered to manufacture, distribute, conduct reverse distribution, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with the department of law enforcement on forms and within the time and manner prescribed by the department of law enforcement, copies of order, receipt and distribution of schedule I and schedule II controlled substances and other controlled substances designated by the department of law enforcement, showing the amounts of such controlled substances ordered, received, distributed, transported, warehoused, or otherwise handled. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §11 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 325-9 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-9
Quarantine without removal; duty of police officers to assist in removals and enforcement of quarantine.
Status: in_force

If the department of health or its agent determines that the removal of the person infected or suspected of being infected would directly and seriously aggravate the disease so as to endanger the person's life, the department, or its agent may make provision for the person, as directed in section 325-8, in the house in which the person may be; and, in such case, the department or its agent may cause the persons in the neighborhood to be removed, and may take such other measures as it judges necessary for the public health and safety. The department or its agent, in effecting any removal or quarantine under this section or section 325-8, may require any sheriff, deputy sheriff, chief of police, or police officer to aid and assist it, and such force as is reasonably necessary to effect any such removal or quarantine may be used.

Every sheriff, deputy sheriff, chief of police, or police officer who is so required to aid and assist the department or its agent shall immediately aid and assist it. [PC 1869, c 59, §27; RL 1935, §1096; am L 1941, c 262, §2; RL 1945, §2308; RL 1955, §49-9; am L Sp 1959 2d, c 1, §19; HRS §325-9; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2005, c 29, §1; am L 2006, c 38, §8]
Haw. Rev. Stat. § 342J-10.5 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-10.5
Disposition of collected fines and penalties.
Status: in_force

Fines and penalties collected under sections 342J-9 and 342J-10 shall be deposited into the environmental response revolving fund established by section 128D-2.
Haw. Rev. Stat. § 328J-5 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-5
Prohibition in sports arenas, outdoor arenas, stadiums, and amphitheaters.
Status: in_force

Smoking shall be prohibited in the enclosed or partially enclosed areas and in seating areas of sports arenas, outdoor arenas, stadiums, and amphitheaters.
Haw. Rev. Stat. § 328-123 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-123
Salvaging and reprocessing.
Status: in_force

Wholesale distributors shall be subject to the provisions of 21 Code of Federal Regulations Parts 207, 210, and 211, regarding salvaging and reprocessing of prescription drugs.
Haw. Rev. Stat. § 338-22 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-22
Other persons required to make records.
Status: in_force

Persons in charge of institutions for care or correction or for treatment of disease, injury, or childbirth shall record and report all statistical data required by this part relating to their inmates or patients.
Haw. Rev. Stat. § 323F-12 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-12
[ §323F-12] Public-private partnership.
Status: in_force

[ §323F-12] Public-private partnership. (a) There is established within the corporation for administrative purposes only a public-private partnership in a county that encompasses at least three islands inhabited by permanent residents, to research, develop, and implement a model of health care delivery that addresses the coordination of care across the spectrum of care from acute, to skilled nursing facility, to home, in a manner that is seamless, efficient, appropriate, and cost-effective.

(b) The public-private partnership shall:

(1) Work to resolve the challenges in the post-acute care environment;

(2) Expand inpatient capacity;

(3) Improve access to and quality of health care; and

(4) Enhance the operational and financial viability of public and private health care providers at all levels of care.

(c) The public-private partnership shall be mutually beneficial to stakeholders and consumers and shall be based upon the following:

(1) Short-term goals:

(A) Provide a mechanism to move waitlisted patients to an appropriate long-term care setting;

(B) Provide appropriate financial support to allow for the movement of patients along the continuum of care, regardless of the ability to pay;

(C) Maintain the financial viability of skilled nursing facilities by providing adequate funding from all sources; and

(D) Maintain the financial viability of full-service acute care facilities by reducing the number of waitlisted patients.

(2) Long-term goals:

(A) Improve the continuity of care and efficiency between providers;

(B) Enhance the quality of patient care;

(C) Create a patient-centered health care infrastructure;

(D) Maximize capacity and increase operational and financial viability among network organizations;

(E) Optimize existing resources to maximize return;

(F) Facilitate the transition of care between different levels of care;

(G) Reduce unnecessary transfers of patients and attract medically appropriate transfers from neighboring islands;

(H) Create reimbursement mechanisms that support integrated efforts;

(I) Reduce unnecessary health care use and prevent unnecessary hospitalizations and readmissions; and

(J) Expand access to specialty services to counties that encompass at least three islands inhabited by permanent residents. [L 2012, c 279, §2]
Haw. Rev. Stat. § 330C-7 — HI Code / Division 1 / Title 19 / Chapter 330C / Section 330C-7
Penalties.
Status: in_force

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 321-1.7 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.7
Public health nursing services program.
Status: in_force

(a) There is established within the department of health a public health nursing services program. At the discretion of the director of health, the program may provide services, including but not limited to the following :

(1) Mobilizing the department's nursing resources and responding to catastrophic and traumatic emergency events, including natural disasters and biologic outbreaks or exposures;

(2) Responding to communicable disease, epidemic, and other public health disease outbreaks;

(3) Providing care coordination services to the most vulnerable populations of special needs infants, toddlers, and children with complex medical conditions, including medically fragile children, as well as the elderly and other populations who have difficulty accessing the health care system;

(4) Collaborating with the department of education and the Hawaii chapter of the American Academy of Pediatrics in providing school health services to address the medical and health conditions of public school students that affect their learning;

(5) Developing collaborative partnerships with individuals, families, communities, and providers to improve the health of families and communities through the assessment of community health needs, the setting of priorities, and policy development;

(6) Collecting and evaluating data to determine family and community health needs for nursing and health service delivery changes to enhance the quality of life for families; and

(7) Providing other health care related services as determined appropriate based on community health needs.

(b) Provision of services by the public health nursing services program shall be limited by and subject to the availability of funds. [L 2004, c 173, §2]
Haw. Rev. Stat. § 329-43.6 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-43.6
[ §329-43.
Status: in_force

[ §329-43.6] Overdose prevention; limited immunity. (a) As used in this section:

"Drug or alcohol overdose" means:

(1) A condition, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, that is the result of consumption or use of a controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined; or

(2) A condition that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.

"Seeks medical assistance" or "seeking medical assistance" includes but is not limited to reporting a drug or alcohol overdose to law enforcement, the 911 system, a poison control center, or a medical provider; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose while awaiting the arrival of medical assistance.

(b) A person or persons who, in good faith, seek medical assistance for someone who is experiencing a drug or alcohol overdose and a person experiencing a drug or alcohol overdose who seeks medical assistance for the person's self or is the subject of such a good faith request shall not be arrested, charged, prosecuted, or convicted; have their property subject to civil forfeiture; or otherwise be penalized for:

(1) Possession of a controlled substance or drug paraphernalia under this chapter or part IV of chapter 712;

(2) Committing a prohibited act under section 281-101.5 or 712-1250.5;

(3) Violation of a restraining order; or

(4) Violation of probation or parole;

if the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of the seeking of medical assistance.

(c) The act of seeking medical assistance for someone who is experiencing a drug or alcohol overdose shall be considered by the court as a mitigating factor in any controlled substance or alcohol-related criminal prosecution for which immunity is not provided by this section. [L 2015, c 217, §2]
Haw. Rev. Stat. § 328-118 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-118
Injunctive relief.
Status: in_force

The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this part or any rule adopted under this part. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 321-33 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-33
[ §321-33] Shaken baby syndrome.
Status: in_force

[ §321-33] Shaken baby syndrome. (a) Any hospital that provides medical care to a newborn may provide each parent of the newborn with written educational information approved by the department of health and provided by nonprofit organizations about the dangerous effects of shaken baby syndrome and the different methods of preventing shaken baby syndrome.

(b) For the purpose of this section:

"Hospital" includes:

(1) An institution with an organized medical staff, regulated under section 321-11(10), that admits patients for inpatient care, diagnosis, observation, and treatment; and

(2) A health facility under chapter 323F.

"Medical care" means every type of care, treatment, surgery, hospitalization, attendance, service, and supplies as the nature of the injury or condition requires.

"Parent" includes a biological mother or father, foster mother or foster father, adoptive mother or adoptive father, and stepmother or stepfather.

"Shaken baby syndrome" means an injury caused by the vigorous shaking of an infant or young child that may result in injuries such as subdural [hematoma], head injury, irreversible brain damage, blindness, retinal hemorrhage, eye damage, cerebral palsy, hearing loss, spinal cord injury, paralysis, seizures, learning disability, central nervous system injury, rib fracture, or death. [L 2007, c 216, §2]
Haw. Rev. Stat. § 342G-30 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-30
Records.
Status: in_force

Each operator of a municipal solid waste landfill or incineration facility shall keep records of all deliveries of solid waste to the facility, including, but not limited to, the source of the waste, the kind of waste received, and the weight or volume, or both, of the waste. The records shall be made available to the department and the respective county for inspection, upon request. At the request of a county, the department may exempt a specific facility from this requirement, or may modify this requirement for a specific facility, if the department determines that the cost of compliance is likely to exceed the value of accurate and thorough data. If the department grants an exemption to a facility under this section, the public shall be notified through a statewide public notice.
Haw. Rev. Stat. § 325-115 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-115
Program oversight committee.
Status: in_force

The director shall appoint a sterile needle exchange program oversight committee to provide assistance and advice in the oversight of the program. The committee shall meet periodically with the director to monitor the progress and effectiveness of the program and to examine available data compiled by the program.
Haw. Rev. Stat. § 342H-2 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-2
Administration.
Status: in_force

The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules.
Haw. Rev. Stat. § 340E-38.5 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-38.5
Drinking water treatment revolving loan fund; transfers.
Status: in_force

(a) The governor, or a state official acting pursuant to authorization from the governor, may transfer an amount up to or equal to thirty-three per cent, calculated on the basis of a fiscal year's drinking water treatment revolving loan fund capitalization grant amount from the drinking water treatment revolving loan fund to the water pollution control revolving fund established under section 342D-83, or an equivalent dollar amount from the water pollution control revolving fund to the drinking water treatment revolving loan fund established under section 340E-35. The following conditions shall apply:

(1) When the State initially decides to transfer funds pursuant to this section:

(A) The attorney general, or an individual designated by the attorney general, shall have signed or concurred in a certification for the drinking water treatment revolving loan fund and water pollution control revolving fund that state law permits the State to transfer funds ; and

(B) The operating agreements or other parts of the capitalization grant agreements for the drinking water treatment revolving loan fund and water pollution control revolving fund shall be amended to detail the method the State shall use to transfer funds;

(2) The State shall not use the transfer provision to acquire state match for either fund or use transferred funds to secure or repay state match bonds;

(3) The State may reserve fund amounts for transfer in future years pursuant to requirements under federal law; and

(4 ) Funds may be transferred on a net basis between the drinking water treatment revolving loan fund and water pollution control revolving fund; provided that the thirty-three per cent transfer allowance associated with drinking water treatment revolving loan fund capitalization grants received is not exceeded.

(b) No later than twenty days prior to the convening of each regular session, the department of health shall submit to the legislature a report on:

(1) All transfers between the water pollution control revolving fund and drinking water treatment revolving loan fund pursuant to this section and section 342D-85.5; and

(2) Whether the transfers comply with federal law . [L 2024, c 218, §2]
Haw. Rev. Stat. § 328-119 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-119
Minimum requirements for the storage and handling of prescription drugs.
Status: in_force

Wholesale distributors of prescription drugs and their officers, agents, representatives, and employees shall ensure that the following requirements are met:

(1) Facilities. All facilities at which prescription drugs are stored, warehoused, handled, held, offered for sale or distribution, marketed, or displayed shall:

(A) Be of suitable size and construction to facilitate cleaning, maintenance, and proper operations;

(B) Have storage areas designed to provide adequate lighting, ventilation, temperature, sanitation, humidity, space, equipment, and security conditions;

(C) Have a quarantine area for storage of prescription drugs that are outdated, damaged, deteriorated, misbranded, or adulterated, or that are in immediate containers or sealed secondary containers that have been opened;

(D) Be maintained in a clean and orderly condition; and

(E) Be free from infestation by insects, rodents, birds, and vermin of any kind.

(2) Security.

(A) All facilities used for wholesale distribution, storage, or warehousing of prescription drugs shall be secure from unauthorized entry.

(i) Access from outside the premises shall be kept to a minimum and shall be well controlled.

(ii) The outside perimeter of the premises shall be well lighted.

(iii) Entry into areas where prescription drugs are held shall be limited to authorized personnel.

(B) All facilities shall be equipped with an alarm system to detect entry after hours.

(C) All facilities shall be equipped with a security system that will provide suitable protection against theft and diversion. When appropriate, the security system shall provide protection against theft or diversion that is facilitated or hidden by tampering with computers or electronic records.

(3) Storage. All prescription drugs shall be stored at appropriate temperatures and under appropriate conditions in accordance with the requirements, if any, in the labeling of the drugs, or in accordance with the standards regarding conditions and temperatures for the storage of prescription drugs adopted under this part.

(A) If no storage requirements are established for a prescription drug, the drug may be held at controlled room temperature, as defined in an official compendium, to help ensure that its identity, strength, quality, and purity are not adversely affected.

(B) Appropriate manual, electromechanical, or electronic temperature and humidity recording equipment, devices, or logs shall be used to document the proper storage of prescription drugs.

(4) Examination of materials.

(A) Upon receipt, each outside shipping container of prescription drugs shall be examined visually to confirm the identity of the drugs and to prevent the acceptance of contaminated prescription drugs or prescription drugs that are otherwise unfit for distribution. This examination shall be adequate to reveal container damage that would suggest possible contamination or other damage to the contents.

(B) Each outgoing shipment of prescription drugs shall be inspected carefully to confirm the identity of the drugs and to ensure that no prescription drugs are delivered that have been damaged in storage or held under improper conditions.

(C) The recordkeeping requirements in section 328-120 shall be followed for all incoming and outgoing prescription drugs.

(5) Returned, damaged, outdated, deteriorated, misbranded, and adulterated prescription drugs.

(A) Prescription drugs that are damaged, outdated, deteriorated, misbranded, or adulterated shall be physically separated from other prescription drugs and stored, in such a way that no cross-contamination or confusion are possible, until they are destroyed or returned to the supplier.

(B) Any prescription drugs whose immediate or sealed outer or sealed secondary containers are found upon arrival to have been opened or used shall be identified as such, and shall be physically separated from other prescription drugs and stored, in such a way that no cross-contamination or confusion are possible, until they are destroyed or returned to the supplier.

(C) If the conditions under which a prescription drug has been returned cast doubt on the drug's safety, identity, strength, quality, or purity, then the drug shall be either destroyed or returned to the supplier, unless examination, testing, or other investigation proves that the drug meets appropriate standards of safety, identity, strength, quality, and purity. In determining whether the conditions under which a drug has been returned cast doubt on the drug's safety, identity, strength, quality, or purity, the wholesale distributor shall consider, among other things, the conditions under which the drug has been held, stored, or shipped before or during its return and the condition of the drug and its container, carton, or labeling as a result of storage or shipping.

(D) The recordkeeping requirements in section 328-120 shall be followed for all outdated, damaged, deteriorated, misbranded, adulterated or returned prescription drugs. [L 1992, c 196, pt of §2]

Revision Note

"This part" substituted for "the new part in section 2 of this Act".

"Section 328-120" substituted for "section 8 of this Act".
Haw. Rev. Stat. § 328-19.1 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-19.1
Consumer commodities; labeling; packaging.
Status: in_force

(a) All labels of consumer commodities, as defined by this part, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.) and the regulations promulgated pursuant thereto; provided that consumer commodities exempted from such requirements of section 4 of the Fair Packaging and Labeling Act shall also be exempt from this subsection.

(b) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving.

(c) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a), but nothing in this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents; provided that such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package.

(d) Wherever the director determines that rules or regulations containing prohibitions or requirements other than those prescribed by subsection (a) are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the director shall adopt rules or regulations with respect to that commodity to:

(1) Establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing that commodity; provided that this paragraph shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages that may be used to enclose any commodity;

(2) Regulate the placement upon any package containing any commodity, or upon any label affixed to that commodity, of any printed matter stating or representing by implication that the commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents;

(3) Require that the label on each package of a consumer commodity bear:

(A) The common or usual name of the consumer commodity, if any; and

(B) In case the consumer commodity consists of two or more ingredients, the common or usual name of each ingredient listed in order of decreasing predominance;

provided that nothing in this paragraph shall be deemed to require that any trade secret be divulged; or

(4) Prevent the nonfunctional slack-fill of packages containing consumer commodities.

For the purposes of paragraph (4), a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than protection of the contents of the package or the requirements of machines used for enclosing the contents in that type of package. [L 1972, c 151, §12; am L 2023, c 17, §9]
Haw. Rev. Stat. § 342L-2 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-2
Administration.
Status: in_force

The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules.
Haw. Rev. Stat. § 321-23 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-23
Catastrophic and traumatic emergency response program established.
Status: in_force

(a) The director shall establish within the department a catastrophic and traumatic emergency response program to:

(1) Provide for the delivery of prompt psychological services in the event of a catastrophic event or traumatic emergency;

(2) Provide for critical incident stress debriefing for ambulance, fire, police, and other emergency service personnel;

(3) Provide for immediate delivery of psychological services to the residents and visitors;

(4) Coordinate the use of other public and private resources of post-disaster psychological services for the immediate and long-term delivery of psychological assistance to trauma victims; and

(5) Advise state government and emergency service personnel on psychological issues and trauma victim behavior in the planning of and responses to catastrophic events and traumatic emergencies.

(b) The director shall compile a list of qualified mental health professionals who are willing to serve on a catastrophic and traumatic emergency response team, giving priority to individuals with experience in dealing with catastrophic or traumatic emergency events. The director shall appoint at least one team of professionals from the list, making a reasonable effort to appoint at least one member from each island, except Niihau. If a qualified representative cannot be appointed from each island, the director, at a minimum, shall appoint one member from each county. Each team appointed shall serve for a period of four years, with one member who has specialized training in trauma care to be designated as the team leader; provided that the director shall have the flexibility of appointing additional special teams for shorter or longer periods of time as the need arises. Members of a catastrophic and traumatic emergency response team shall receive continuing professional education and training on the provision of psychological assistance to be ready to provide services whenever a catastrophic event or traumatic emergency occurs. The team members shall be compensated for each day of service provided under this section, including participation in training required by the director, in accordance with a fee schedule to be established by the director pursuant to chapter 91.

(c) For purposes of this section, "catastrophic event or traumatic emergency" means any tragic occurrence that has resulted in:

(1) The loss of lives, infliction of injury, harm or suffering among humans, including hostage situations; or

(2) Extensive destruction of property.

The term includes, but shall not be limited to, disasters for which relief is provided under chapter 127.

(d) The team shall be activated by the director whenever the director finds that psychological assistance is appropriate following a catastrophic event or traumatic emergency.

(e) The director shall adopt rules under chapter 91 to implement the emergency response trauma program, which shall include the qualifications of and appointment process for catastrophic and traumatic emergency response team members. [L 1990, c 239, §3]
Haw. Rev. Stat. § 328-97 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-97
Posting requirements.
Status: in_force

Every pharmacy shall prominently display, in clear and unobstructed public view, a sign in block letters that shall read:

"HAWAII LAW REQUIRES THAT LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG PRODUCTS AND INTERCHANGEABLE BIOLOGICAL PRODUCTS BE OFFERED TO THE CONSUMER. CONSULT YOUR PHYSICIAN AND PHARMACIST CONCERNING THE AVAILABILITY OF THE LEAST EXPENSIVE DRUG PRODUCT FOR YOUR USE."

The letters must be at least one inch in height. [L 1980, c 187, pt of §1; am L 2016, c 242, §7]
Haw. Rev. Stat. § 329D-13 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-13
Dispensing limits.
Status: in_force

(a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall be allowed to purchase no more than four ounces of cannabis within a consecutive period of fifteen days, or no more than eight ounces of cannabis within a consecutive period of thirty days.

(b) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may purchase cannabis from any dispensary location in the State, subject to the limits set forth in subsection (a).

(c) Beginning on January 1, 2018, this section may apply to qualifying out-of-state patients from other states, territories of the United States, or the District of Columbia; provided that the patient meets the registration requirements of section 329-123.5. [L 2015, c 241, pt of §2; am L 2018, c 116, §18]
Haw. Rev. Stat. § 342J-53 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-53
Permit required.
Status: in_force

No person shall transport, market, or recycle used oil or used oil fuel without first obtaining a permit from the department. The director may require any person who generates and burns the person's own used oil as specification fuel to notify the department of the person's activity.
Haw. Rev. Stat. § 321-502 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-502
Definitions.
Status: in_force

As used in this part:

"Adult" means a person eighteen years of age or older.

"Adult death review information" means information regarding the adult person and person's family, including:

(1) Social, medical, and legal histories;

(2) Death and birth certificates;

(3) Law enforcement investigative data;

(4) Medical examiner or coroner investigative data;

(5) Parole and probation information and records;

(6) Information and records of social service agencies;

(7) Educational records; and

(8) Health care institution information.

"Department" means the department of health.

"Developmental disability" means a severe, chronic disability of a person that:

(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2) Is manifested before the person attains age twenty-two;

(3) Is likely to continue indefinitely;

(4) Results in substantial functional limitations in three or more of the following areas of major life activity:

(i) Self-care;

(ii) Receptive and expressive language;

(iii) Learning;

(iv) Mobility;

(v) Self-direction;

(vi) Capacity for independent living; and

(vii) Economic self-sufficiency; and

(5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.

"Director" means the director of health or the director’s designated representative.

"Intellectual disability" means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period.

"Person with developmental or intellectual disabilities" means an adult with a developmental or intellectual disability.

"Preventable death" means a death that reasonable medical, social, legal, psychological, or educational intervention may have prevented.

"Provider of medical care" means any health care practitioner who provides, or a facility through which is provided, any medical evaluation or treatment, including dental and mental health evaluation or treatment. [L 2012, c 162, pt of §1]
Haw. Rev. Stat. § 329C-1 — HI Code / Division 1 / Title 19 / Chapter 329C / Section 329C-1
Definitions.
Status: in_force

Whenever used in this chapter, unless the context otherwise requires:

"Controlled substance" means a substance as defined in section 329-1.

"Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.

"Imitation controlled substance" means a substance that is not a controlled substance, which by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In any case when the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" (for example in the case of powder or liquid), the court or authority concerned shall consider, in addition to all other logically relevant factors, the following factors as related to representations made in determining whether the substance is an imitation controlled substance:

(1) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;

(2) Statements made to the recipient that the substances may be resold for inordinate profit;

(3) Whether the substance is packaged in a manner normally used for illicit controlled substances;

(4) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;

(5) Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud; and

(6) The proximity of the substances to controlled substances.

"Manufacture" means the production, preparation, or repackaging, labeling, or relabeling, of an imitation controlled substance. [L 1984, c 222, pt of §1]
Haw. Rev. Stat. § 328-42 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-42
Department of health regulations.
Status: in_force

Every cold storage or refrigerating warehouse wherein are stored articles of food, shall be properly located, constructed, equipped for the business of cold storage, and kept in a sanitary condition as prescribed by the department of health regulations.
Haw. Rev. Stat. § 342B-43 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-43
Emergency powers; procedures.
Status: in_force

(a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the release of any air pollutant or combination of air pollutants that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the release of the air pollutant to immediately reduce or stop the release, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.

(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such a declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1992, c 240, pt of §1; am L 1993, c 261, §§2, 4; am L 1995, c 201, §1]
Haw. Rev. Stat. § 342I-1.5 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-1.5
Disposal of electrolyte; prohibited.
Status: in_force

No person shall dispose of electrolyte from any used lead acid battery onto the ground or into sewers, drainage systems, surface or ground waters, or ocean waters.
Haw. Rev. Stat. § 342H-13 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-13
Fees.
Status: in_force

The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action). The fees shall be deposited to the credit of the general fund.
Haw. Rev. Stat. § 342L-19 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-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. § 343-1 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-1
Findings and purpose.
Status: in_force

The legislature finds that the quality of humanity's environment is critical to humanity's well being, that humanity's activities have broad and profound effects upon the interrelations of all components of the environment, and that an environmental review process will integrate the review of environmental concerns with existing planning processes of the State and counties and alert decision makers to significant environmental effects which may result from the implementation of certain actions. The legislature further finds that the process of reviewing environmental effects is desirable because environmental consciousness is enhanced, cooperation and coordination are encouraged, and public participation during the review process benefits all parties involved and society as a whole.

It is the purpose of this chapter to establish a system of environmental review which will ensure that environmental concerns are given appropriate consideration in decision making along with economic and technical considerations. [L 1979, c 197, §1(1); am L 1983, c 140, §4]
Haw. Rev. Stat. § 342G-31 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-31
Guidelines.
Status: in_force

[§342G-31 Guidelines.] The process of county and state integrated solid waste management planning shall be expedited to the greatest degree possible. The department, within six months of July 1, 1991, shall issue guidelines for the development of county plans. The draft guidelines shall be circulated to the counties for review and comment not less than forty-five days before their issuance.

Revision Note

"July 1, 1991" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 338-24 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-24
Foreign permit for removal, burial, or other disposition of body.
Status: in_force

When the death or fetal death occurs outside this State and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and regulations in force where the death or fetal death occurred, the permit shall authorize the transportation of the body into or through this State, but before the burial, cremation, or other disposal of the body within this State, the permit shall be endorsed by the local agent of the department of health who shall keep a record thereof.
Haw. Rev. Stat. § 334-143 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-143
Notice of hearing and service of petition on respondent.
Status: in_force

The court shall set a time and date for hearing on the petition, within ten days of the filing of the petition. The notice of hearing and petition shall be served on the respondent.
Haw. Rev. Stat. § 338-14 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-14
Fees for certified copies and searches; transcripts or other statistical summaries of vital records for National Center for Health Statistics; certifi
Status: in_force

§338-14 Fees for certified copies and searches; transcripts or other statistical summaries of vital records for National Center for Health Statistics; certified copies for veterans and others; and corrections on vital statistics certificates. (a) The department of health shall establish reasonable fees to be paid for certified copies of certificates; provided that the department shall furnish, free of charge, a certified copy of any of the records, or a certification of birth, to any veteran of the armed forces of the United States, the veteran's wife, any member of the immediate family of a veteran or the next of kin of a deceased veteran, when required for use in connection with a claim based on service in the armed forces of the United States. Subject to sections 338-16, 338-17, and 338-18, the National Center for Health Statistics may obtain transcripts and statistical summaries on computer tapes of certificates or, without payment of fees, certified copies; provided the State is put to no expense in connection therewith.

A reasonable fee shall be charged for any correction in the items on a vital statistics certificate initiated by the registrant or the registrant's parent or representative if the registrant is a minor.

(b) The department may prescribe reasonable fees for searches of files and records not involving the issuance of certified copies.

(c) The department shall keep an account of all fees collected and shall deposit them to the general fund of the State except as provided in sections 321-1.3, 338-14.5, 338-14.6, 346-7.5, and 601-3.6.

(d) Any fee established by the department pursuant to this section shall be adopted in accordance with chapter 91. In establishing a fee, the amount shall be sufficient to cover the expenses involved in searching for, cost of a copy of, or correction of the certificate, file, or record, as the case may be. The department may raise the fees up to ten per cent per year without being subject to the provisions of chapter 91. [L 1949, c 327, §18; am L Sp 1949, c 34, §1; RL 1955, §57-17; am L 1957, c 202, §1 and c 316, §2; am L Sp 1959 2d, c 1, §19; am L 1967, c 30, §1; HRS §338-14; am L 1974, c 32, §1; am L 1979, c 159, §1; gen ch 1985; am L 1997, c 216, §§5, 13; am L 1999, c 194, §1; am L 2018, c 174, §§1, 3]
Haw. Rev. Stat. § 342P-31 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-31
Enforcement by state and county authorities.
Status: in_force

All state and county health authorities and police officers shall enforce this chapter and the rules, orders, permits, and variances of the department.
Haw. Rev. Stat. § 323D-22 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-22
Subarea health planning councils, functions, quorum and number of members necessary to take valid action.
Status: in_force

(a) Each subarea health planning council shall review, seek public input, and make recommendations relating to health planning for the geographical subarea it serves. In addition, the subarea health planning councils shall:

(1) Identify and recommend to the state agency and the council the data needs and special concerns of the respective subareas with respect to the preparation of the state plan.

(2) Provide specific recommendations to the state agency and the council regarding the highest priorities for health services and resources development.

(3) Review the state health services and facilities plan as it relates to the respective subareas and make recommendations to the state agency and the council.

(4) Advise the state agency in the administration of the certificate of need program for their respective subareas.

(5) Advise the state agency on the cost of reimbursable expenses incurred in the performance of their functions for inclusion in the state agency budget.

(6) Advise the state agency in the performance of its specific functions.

(7) Perform other such functions as agreed upon by the state agency and the respective subarea councils.

(8) Each subarea health planning council shall recommend for gubernatorial appointment at least one person from its membership to be on the statewide council.

(b) The number of members necessary to constitute a quorum to do business shall consist of a majority of all the members who have accepted nomination to the council, and have been confirmed and qualified as members of the council. When a quorum is in attendance, the concurrence of a majority of the members in attendance shall make any action of the council valid. [L 1977, c 178, pt of §2; am L 1978, c 129, §4; am L 1980, c 75, §8; am L 1982, c 245, §5; am L 1987, c 270, §8; am L 1997, c 336, §7]
Haw. Rev. Stat. § 321-362 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-362
Duties.
Status: in_force

It shall be the duty and responsibility of the department to:

(1) Establish, implement, and evaluate a statewide system for hearing screening and diagnostic audiologic evaluation to identify infants who are deaf or hard of hearing, and for referral and enrollment of these infants in early intervention services;

(2) Establish standards and guidelines for hearing screening, identification, diagnosis, intervention, and monitoring of infants who are deaf or hard of hearing or have been identified with a risk indicator for developing delayed-onset or progressive hearing loss, or both;

(3) Develop a plan in conjunction with the department of education to involve parents or guardians in any medical and educational follow-up for infants who are deaf or hard of hearing, or who have been identified with a risk indicator for developing delayed-onset or progressive hearing loss, or both; and

(4) Collect and analyze program data in relation to the duties and responsibilities of the department. [L 1990, c 85, pt of §3; am L 2001, c 42, pt of §2; am L 2022, c 36, §3]
Haw. Rev. Stat. § 342H-55 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-55
Rules; specific.
Status: in_force

The director may establish by rule the criteria, standards, and requirements relating to the location, design, construction, operation, maintenance, expansion, closure, and post-closure care of municipal solid waste landfill units. In addition, the director may establish by rule assessment monitoring, ground-water monitoring, ground-water protection, landfill gas monitoring, landfill gas collection, detection monitoring, corrective measure, remedial action, preventive action, response action, manifest, recordkeeping, notification, public meeting, deed notation, and financial assurance requirements, standards, or criteria for municipal solid waste landfill units.
Haw. Rev. Stat. § 321-16 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-16
§§321-16, 321-16.
Status: repealed

§§321-16, 321-16.1 REPEALED. L 1972, c 100, §2.
Haw. Rev. Stat. § 326-39 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-39
Penalty.
Status: in_force

Any person violating this chapter, or any rule or regulation of the department of health relating thereto, shall be deemed guilty of a misdemeanor. Except as herein otherwise provided, the punishment therefor shall be the same as provided by section 321-18.
Haw. Rev. Stat. § 334-44 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-44
Emergency transportation initiated by a health care provider.
Status: in_force

(a) Any licensed physician, advanced practice registered nurse, physician assistant, licensed clinical social worker, or psychologist who has examined an individual and determines that the individual is mentally ill or suffering from substance abuse and is imminently dangerous to self or others may direct a law enforcement officer to detain and transport the individual by ambulance or other suitable means to a psychiatric facility or other facility designated by the director for an emergency examination , and may administer treatment, within the examining health care provider's scope of practice, as necessary for the individual's safe transportation. The examining health care provider shall provide a written statement of circumstances and reasons necessitating the emergency examination. The written statement shall be transmitted with the individual to the psychiatric facility or other facility designated by the director and be made a part of the individual's clinical record.

(b) Any individual who is subject to an order for assisted community treatment and fails to comply with the order for assisted community treatment, despite reasonable efforts made by a designated assisted community treatment provider, as defined in section 334-122, to solicit compliance, may be transported to a psychiatric facility or other facility designated by the director for an emergency examination if it is in the clinical judgment of a licensed physician, advanced practice registered nurse, physician assistant, licensed clinical social worker, or psychologist that the individual may be in need of emergency hospitalization pursuant to section 334-46. At the direction of the examining health care provider, a law enforcement officer may detain and transport the individual by ambulance or other suitable means to a psychiatric facility or other facility designated by the director. The examining health care provider shall provide a written statement of circumstances and reasons explaining why the individual may be in need of emergency hospitalization. The written statement shall be transmitted with the individual to the psychiatric facility or other facility designated by the director and be made a part of the individual's clinical record.

(c) Those performing the emergency transport shall coordinate the transport of the individual with the mental health emergency worker .

(d) The examining health care provider shall also provide a copy of the written statement required under this section to the department within five business days. [L 2025, c 219, pt of §3]
Haw. Rev. Stat. § 342B-5 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-5
Effect of laws, ordinances, and rules.
Status: in_force

(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.

(b) Any county may adopt ordinances and rules governing any matter relating to air pollutant and air pollution control which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to air pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 321-229.2 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-229.2
[ §321-229.
Status: in_force

[ §321-229.2] First responder personnel; dementia training. (a) The employers of first responder personnel may obtain dementia training for first responder personnel, which may include:

(1) Recognizing the key signs of Alzheimer's disease and related types of dementia;

(2) Strategies for assessing cognition;

(3) Best practices for interacting with persons with Alzheimer's disease and related types of dementia; and

(4) Strategies to best identify and intervene in situations where persons with Alzheimer's disease and related types of dementia may be at particular risk of abuse or neglect.

(b) The training shall be offered at no cost to the applicable first responder personnel and shall be funded by private contributions from relevant non-profit organizations.

(c) The executive office on aging may coordinate the training schedules and standards, as necessary, with all public and private entities and agencies responsible for services provided by first responder personnel, including entering into agreements or memoranda of agreement with nonprofit organizations to provide funding pursuant to subsection (b).

(d) The employers of first responder personnel may utilize existing educational and training resources available in the public and private sectors when developing the training required under this section. [L 2021, c 155, §2]
Haw. Rev. Stat. § 321-82 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-82
Field nutritionist, rural Oahu.
Status: in_force

The director of health may appoint a field nutritionist for rural Oahu and establish, or arrange for the establishing of, a suitable office therefor.
Haw. Rev. Stat. § 342G-22 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-22
Development of county integrated solid waste management plans.
Status: in_force

(a) Prior to preparing a plan, each county shall form an advisory committee appointed by the mayor. The county advisory committee may be composed of representatives from citizen organizations, industry, the private solid waste industry operating within the county, the private recycling or scrap material processing industry operating within the county, the county coordinator, and any other persons deemed appropriate by the mayor. The county advisory committee shall review the plan during its preparation, make suggestions, and propose any changes it believes are appropriate.

(b) Prior to formal adoption by the county, the county shall submit the proposed plan to the office for review and comment. The office shall provide its comments to the county within ninety days of receiving the proposed plan. Following the office's review, the county shall make the proposed plan available for public review and comment for a period of not less than sixty days. The county shall hold at least one public hearing on the proposed plan during this period.

(c) Following formal adoption of the plan by the county, the county shall submit the adopted plan to the office for review. The adopted plan shall be accompanied by a document that contains for each comment received from the State or the public, a response detailing how the comment has been addressed in the plan or, if it has not been addressed, the reason for not doing so. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 321-226 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-226
Emergency medical services and systems, standards.
Status: in_force

The department shall establish statewide standards for emergency medical services and for emergency medical service systems consistent with this part and applicable federal guidelines for those services, including a requirement that ambulance service providers licensed by the State establish and maintain an alcohol and substance abuse policy for employees that the department deems is equivalent to, or exceeds the provisions of, the safety and health standards established by the federal Department of Transportation for holders of commercial driver's licenses. In the event the standards are determined or regulated by any other law, or by applicable federal guidelines, standards required to be set by this section shall be at least equivalent to or exceed the other state and federal standards.
Haw. Rev. Stat. § 328-12.4 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-12.4
Food establishments; use of latex gloves prohibited.
Status: in_force

The use of latex gloves by personnel in a food establishment permitted under title 11, chapter 50 of the Hawaii administrative rules, shall be prohibited.
Haw. Rev. Stat. § 342I-4 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-4
Lead acid battery wholesalers.
Status: in_force

Any person selling new lead acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased, used lead acid batteries from customers, if offered by customers. Except as otherwise provided at the discretion of the director, a person accepting batteries in transfer from an automotive battery retailer shall be allowed a period not to exceed ninety days to remove batteries from the retail point of collection.
Haw. Rev. Stat. § 340F-8 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-8
Prohibited acts.
Status: in_force

It shall be unlawful:

(1) For any public water system, or major segment of a public water system such as a water treatment plant or distribution system, to be operated unless the operator is duly certified under this chapter; and

(2) For any individual to perform the duties of an operator without being duly certified under this chapter. [L 1991, c 273, pt of §1; am L 2000, c 196, §8]
Haw. Rev. Stat. § 322-35 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-35
Amount paid owner.
Status: in_force

Whenever property is improved under this part and the comptroller sells the property so improved to satisfy the lien established in consequence of the improvement, the owner shall be paid out of the proceeds of the sale an amount not less than the assessed value of the property before its improvement.
Haw. Rev. Stat. § 321-231 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-231
Grants.
Status: in_force

The state system may seek and accept any funds or property and other desirable support and assistance from any source whatsoever, whether gift, grant, services or any combination thereof, subject to applicable laws. In the event that any grant applications are made in relation to the state system, or any component thereof, the department shall consult with the advisory committee and provide technical assistance in the preparation, management, or administration of the application or the grant, or both.
Haw. Rev. Stat. § 321-227 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-227
Regulation of ambulances.
Status: in_force

The department of health shall adopt, amend, and repeal rules under chapter 91 for the regulation of ambulances within the State, including but not limited to the certification of vehicles, equipment, supplies, and communications systems; provided that any county operating a county emergency medical services system pursuant to part XI of chapter 46 shall be responsible for the purchase, maintenance, and servicing of all vehicles, equipment, supplies, and communication systems operated for emergency services within the county. The department may contract to certify air and ground ambulance units statewide. The department may charge a reasonable fee for annual certification and safety inspections of air and ground ambulances. Any person who provides emergency medical service as an employee of any emergency ambulance service statewide shall be subject to chapter 453.
Haw. Rev. Stat. § 329D-11 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-11
Advertising and packaging.
Status: in_force

(a) The department shall establish standards regarding the advertising and packaging of cannabis and manufactured cannabis products; provided that the standards, at a minimum, shall require the use of packaging that:

(1) Is child-resistant and opaque so that the product cannot be seen from outside the packaging;

(2) Uses only lettering in colors approved by the department on a white background with no pictures or graphics;

(3) Is clearly labeled with the phrase "For medical use only";

(4) Is clearly labeled with the phrase "Not for resale or transfer to another person";

(5) Includes instructions for use and "use by date";

(6) Contains information about the contents and potency of the product;

(7) Includes the name of the production center where cannabis in the product was produced, including the batch number and date of packaging;

(8) Includes a barcode generated by tracking software; and

(9) In the case of a manufactured cannabis product, includes a:

(A) Listing of the equivalent physical weight of the cannabis used to manufacture the amount of the product that is within the packaging, pursuant to section 329D-9(c);

(B) Clearly labeled warning stating that the product:

(i) Is a medication that contains cannabis, and is not a food; and

(ii) Should be kept away from children; and

(C) Date of manufacture.

(b) Any capsule, lozenge, or pill containing cannabis or its principal psychoactive constituent tetrahydrocannabinol shall be packaged so that one dose, serving, or single wrapped item contains no more than ten milligrams of tetrahydrocannabinol; provided that no manufactured cannabis product that is sold in a pack of multiple doses, servings, or single wrapped items, nor any containers of oils, shall contain more than a total of one thousand milligrams of tetrahydrocannabinol per pack or container; provided further that no dispensary shall exceed the dispensing limits imposed by section 329D-7.

(c) All manufactured cannabis products shall be individually wrapped at the original point of manufacture.

(d) The department shall be authorized to allow dispensaries to provide, disseminate, and publish educational and scientific materials relating to medical cannabis and its approved products and sponsor events about medical cannabis. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §28; am L 2020, c 38, §5; am L 2023, c 108, §6]
Haw. Rev. Stat. § 342B-15 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-15
Complaints; hearings; appointment of masters.
Status: in_force

The director may:

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

(2) Appoint a master or masters to conduct investigations and hearings. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 321-192.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-192.5
Substance abuse treatment monitoring program.
Status: in_force

(a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the department shall establish a statewide substance abuse treatment monitoring program to collect the following information from all treatment providers accredited by the department, pursuant to section 321-198, on every individual who receives substance abuse treatment paid by public funds. Treatment providers shall report admission and discharge data, as determined by the department, with a final annual report due no later than sixty days after the close of the fiscal year, which shall include:

(1) An accurate count of all admissions and discharges during the reporting period;

(2) An unduplicated count of individuals served by each treatment provider;

(3) Demographic data on each individual as determined by the department, which may include age, race, ethnicity, employment status, source of payment, source of referral to treatment, length of treatment, and the primary substance for which treatment was sought;

(4) Data on the number of individuals who were discharged due to successful completion of treatment and the reasons individuals withdrew from treatment during the reporting period;

(5) Six-month follow-up data on persons who were discharged due to successful completion of treatment, reporting on criteria for measurement of successful treatment as determined by the department; and

(6) Any other information deemed relevant by the department to assess the effectiveness of treatment on each individual.

(b) The department shall establish criteria to measure the success of treatment for individuals and establish criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse. The department shall include in the contract with the treatment provider all criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse.

(c) The department shall include the information under subsection (a) as part of the annual report to the legislature under section 321-195.

(d) This section shall not be construed to abrogate an individual's right to privacy. The department shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section. [L 2004, c 40, §24]
Haw. Rev. Stat. § 328-121 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-121
Written policies and procedures.
Status: in_force

Wholesale distributors shall establish, maintain, and follow written policies and procedures for the receipt, security, storage, inventory, and distribution of prescription drugs, including policies and procedures for identifying, recording, and reporting losses or thefts and for correcting all errors and inaccuracies in inventories. Wholesale distributors shall include in their written policies and procedures the following:

(1) A procedure whereby the oldest approved stock of a prescription drug is distributed first. The procedure may permit deviation from this requirement if the deviation is temporary and appropriate.

(2) A procedure for handling recalls and withdrawals of prescription drugs. The procedure shall be adequate to deal with recalls and withdrawals caused by:

(A) Any action initiated at the request of the department, the Food and Drug Administration, or any other federal, state, or local law enforcement or other government agency;

(B) Any voluntary action by the manufacturer to remove defective or potentially defective drugs from the market; or

(C) Any action undertaken to promote public health and safety by replacing existing merchandise with an improved product or new package design.

(3) A procedure to ensure that the distributor prepares for, protects against, and handles properly any crisis that affects security or operation of any facility in the event of strike, fire, flood, or other natural disaster, or in other emergencies.

(4) A procedure to ensure that all outdated prescription drugs are segregated from other drugs and either returned to the manufacturer or destroyed. This procedure shall require written documentation of the disposition of outdated prescription drugs, which documentation shall be maintained for five years after disposition of the outdated drugs. [L 1992, c 196, pt of §2]
Haw. Rev. Stat. § 342G-27 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-27
Contents of the facility capacity and siting element.
Status: in_force

(a) The existing capacity and future needs component shall identify existing and future facilities needed by the county for solid waste management.

(b) The facility implementation component shall describe the specific tasks that are necessary to provide for the development or expansion of source reduction, recycling, bioconversion, and disposal facility capacity. The planning, design, funding, staffing, siting, construction, and operation of each proposed solid waste facility shall be addressed.

(c) The enterprise zone component shall describe the county's current and planned actions to establish enterprise zones. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 321-1.9 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.9
[ §321-1.
Status: in_force

[ §321-1.9] Inspections; visits; state-licensed or state-certified care facilities. (a) The department of health shall conduct unannounced visits and inspections, including inspections for relicensing or recertification, for the following state-licensed or state-certified care facilities on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident:

(1) Adult day health centers;

(2) Adult day care centers;

(3) Community care foster family homes;

(4) Developmental disabilities domiciliary homes;

(5) Adult foster homes;

(6) Long-term care facilities, including but not limited to:

(A) Adult residential care homes;

(B) Expanded adult residential care homes;

(C) Assisted living facilities;

(D) Intermediate care facilities;

(E) Nursing facilities; and

(F) Skilled nursing facilities; and

(7) Special treatment facilities.

(b) Unannounced visits may be conducted during or outside regular business hours. All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints or suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours. Annual inspections for relicensing or recertification may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing or recertification shall be conducted without notice.

(c) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2016, c 184, §2]
Haw. Rev. Stat. § 339D- — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-
10 Electronic device recycling fund.
Status: in_force

(a) There is established in the state treasury the electronic device recycling fund into which shall be deposited all fees, payments, and penalties collected by the department pursuant to this chapter.

(b) The electronic device recycling fund shall be administered by the department of health. Moneys in the fund shall be expended by the director for the purpose of implementing and enforcing this chapter. Moneys may also be expended by the director to support county electronics collections. [L Sp 2008, c 13, pt of §2; am L 2017, c 130, §1]
Haw. Rev. Stat. § 329D-4 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-4
Medical cannabis dispensaries; license application procedure and verification; fees.
Status: in_force

(a) The department shall make a medical cannabis dispensary license application form available to the public on January 11, 2016, commencing at 8:00 a.m., Hawaii-Aleutian Standard Time.

(b) The department shall establish an open application period for each available license, the first of which shall be no later than 8:00 a.m., Hawaii-Aleutian Standard Time, on January 12, 2016, during which an application may be submitted. This submittal period shall be closed on January 29, 2016, at 4:30 p.m. The department shall publish notice of the open application period no less than thirty days prior to the start of the open application period.

(c) Pursuant to section 329D-7(2), a nonrefundable application fee for each license application shall be submitted to the department by certified or cashier's check. Within seven days of approval, a dispensary license fee for each license approved shall be submitted to the department by certified or cashier's check or the department shall issue a license to the next qualified applicant.

(d) All fees collected pursuant to this section shall be deposited in the medical cannabis registry and regulation special fund pursuant to section 321-30.1.

(e) Immediately upon receipt of each completed application form, the department shall issue a receipt to each applicant that includes the date and time of receipt.

(f) If an applicant submits an application form in which all required information is not complete and valid, the application shall not be accepted by the department and the nonrefundable application fee shall be deposited in the medical cannabis registry and regulation special fund established pursuant to section 321-30.1.

(g) The medical cannabis dispensary application form shall request information necessary to verify that applicants meet the required qualifications pursuant to section 329D-3. Applicants shall provide a minimum of the following information:

(1) Legal name and date of birth of individual applicant;

(2) Last four digits of individual applicant's social security number;

(3) Validation code from an eCrim report for the individual applicant generated by the Hawaii criminal justice data center no earlier than December 12, 2015, at 8:00 a.m., Hawaii-Aleutian Standard Time;

(4) Street address, telephone number, fax number, and e-mail address of the individual applicant;

(5) A tax clearance certificate issued by the department of taxation dated not more than thirty days prior to the date of the application;

(6) Name of the applying entity and any other name under which the applying entity does business, if applicable;

(7) Street address, telephone number, fax number, and e-mail address of the applying entity;

(8) Date the applying entity was organized under the laws of Hawaii;

(9) A certified copy of the organizing documents of the applying entity;

(10) A copy of the applying entity's bylaws;

(11) Federal employer identification number of the applying entity;

(12) Hawaii tax identification number of applying entity;

(13) Department of commerce and consumer affairs business registration number and suffix of the applying entity;

(14) Name(s) of all owners of the applying entity, in whole or in part, and their percentage of ownership;

(15) Date when continuous legal residence in Hawaii began for each Hawaii legal resident that owns a percentage of the applying entity;

(16) Total percentage of the applying entity that is owned by Hawaii legal residents;

(17) Designation of the county for which the dispensary license applied for and proof that the required minimum financial resources of $1,200,000 are met;

(18) Total dollar amount of financial resources under control of the applying entity in the form of bank statements or escrow accounts;

(19) Date from when financial resources have been continuously controlled by the applying entity; and

(20) Copies of the entity's bank statements for the twelve months prior to the date of the application.

(h) The department shall maintain a record of the time and date that all completed application forms were submitted.

(i) The department shall process and deposit the application fee within four business days of receipt of the completed application form.

(j) If, for any reason, the application fee is not available for deposit, the application shall be deemed void and the department shall inform the applicant in writing that its application has been rejected.

(k) The department shall review and verify the information and documentation materials only of applicants whose nonrefundable application fee has been processed and deposited.

(l) The department shall verify that the information submitted in the application is true and valid and meets the requirements established in section 329D-3(b).

(m) Upon verification of the minimum requirements, the department shall place the verified application into the pool of applicants for further review and selection based on merit by the department.

(n) Pursuant to section [329D-7(2)], a dispensary license may be renewed annually by payment of an annual renewal fee and subject to verification by the department through an unannounced inspection that the individual licensee and entity licensee continue to meet all licensing requirements from the date the initial licenses were issued. [L 2015, c 241, pt of §2; am L 2016, c 184, §5; am L 2017, c 170, §2; am L 2022, c 309, §6]
Haw. Rev. Stat. § 340E-34 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-34
Grants.
Status: in_force

(a) The director may make grants to public water systems from state funds as authorized and appropriated by the legislature for the construction of necessary water treatment works or other related drinking water projects. Grants shall not be made from the drinking water fund.

(b) The director shall coordinate the granting of state funds with available federal funds for the same purpose. Grants involving federal funds shall be consistent with federal law.

(c) The director may allocate grants to drinking water projects on the basis of existing health concerns. No grant shall be made for any project unless:

(1) The project conforms with the state grant plan to provide safe drinking water;

(2) The project is certified by the director as being entitled to priority over other eligible projects on the basis of financial as well as drinking water quality needs; and

(3) In the case of water treatment works, the applicant for the grant commits to maintain the water treatment plant efficiently and properly after its construction. [L 1997, c 218, pt of §2]
Haw. Rev. Stat. § 329B-5 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-5
Substance abuse testing procedures and interpretation of test results.
Status: in_force

(a) Prior to the collection of any sample for substance abuse testing, the individual to be tested shall receive a written statement of the specific substances to be tested for and a statement that over-the-counter medications or prescribed drugs may result in a positive test result.

(b) In accordance with this section, the director shall adopt rules pertaining to:

(1) The qualifications, responsibilities, and licensing of the medical review officer;

(2) The method of transmittal of laboratory test results and any interpretations of test results to the third party and the tested individual; and

(3) The obtaining, disclosure, and confidentiality of substance abuse testing information.

(c) No laboratory, including a substance abuse on-site screening location, may test for any substance not included on the written statement containing the specific substances to be tested for.

(d) As used in this section, "test results" means laboratory test results or the results of substance abuse on-site screening tests. [L 1990, c 236, pt of §1; am L 1999, c 206, §5; am L 2001, c 53, §1]
Haw. Rev. Stat. § 342F-33 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-33
Research, educational, and training programs.
Status: in_force

The director may:

(1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of excessive noise and the means whereby noise may be monitored, controlled, or abated;

(2) With the approval of the governor, cooperate with, and receive money from, the federal government, or any political subdivision of the State or from private sources for the study and control of excessive noise; and

(3) Conduct or commission and supervise state educational and training programs on noise prevention, control, and abatement, including the preparation and distribution of information relating to excessive noise and its effect on people. [L 1989, c 212, pt of §3]
Haw. Rev. Stat. § 324-23 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-23
Legal proceedings; information excluded from.
Status: in_force

Except as otherwise provided, findings, conclusions, or summaries resulting from medical studies within the scope of this part shall not be used or made available in any legal proceeding. Any information provided to any researcher or study committee shall not be used or made available in any legal proceeding unless it is unobtainable from the original source. In such event, the judicial officer shall in chambers inspect the findings, conclusions, or summaries and make available factual information contained therein.
Haw. Rev. Stat. § 321-17 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-17
Vessels to carry diseased persons; penalty.
Status: in_force

Vessels, regardless of tonnage, and other common carriers, shall be permitted or required to carry persons having Hansen's disease or other contagious diseases under such restrictions and provisions as may be prescribed by the department of health. Apartments on steamers or on other common carriers occupied by cases of Hansen's disease or other diseases shall be disinfected in a manner prescribed or approved by the department.

The master or owner of any such vessel knowingly violating this section shall be fined not more than $200. [L 1893-4, c 30, §§1, 2; am L 1903, c 8, §2; am L 1909, c 132, §1; RL 1925, §§1208, 1209; am L 1929, c 149, pt of §1; am L 1931, c 139, §5; am L 1933, c 118, §1; am L 1933-4, c 30, §1; RL 1935, §903; RL 1945, §2019; RL 1955, §46-17; am L Sp 1959 2d, c 1, §19; HRS §321-17; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16]
Haw. Rev. Stat. § 342I-3 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-3
Inspection of lead acid battery facilities.
Status: in_force

The department of health shall produce, print, and distribute the notices required by section 342I-2 to all places where lead acid batteries are offered for sale at retail. In performing its duties under this part, the department may inspect any place, building, or premise governed by this part. Authorized employees of the agency may issue warnings and citations to persons who fail to comply with the requirement of this part.
Haw. Rev. Stat. § 328-65 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-65
Administration and enforcement.
Status: in_force

The department of health shall administer and enforce this part.
Haw. Rev. Stat. § 328-94 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-94
Prescription record.
Status: in_force

Each pharmacist or practitioner shall maintain a record of any substitution of an equivalent generic drug product or an interchangeable biological product for a prescribed brand name drug product as provided in this part.
Haw. Rev. Stat. § 338-16 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-16
Procedure concerning late and altered birth certificates.
Status: in_force

(a) Birth certificates registered one year or more after the date of birth, and certificates which have been altered after being filed with the department of health, shall contain the date of the late filing and the date of the alteration and be marked distinctly "late" or "altered".

(b) A summary statement of the evidence submitted in support of the acceptance for late filing or the alteration shall be endorsed on the certificates.

(c) Such evidence shall be kept in a special permanent file.

(d) When an applicant does not submit the minimum documentation required by the rules for late registration or when the state registrar finds reasons to question the validity or adequacy of the certificate or the documentary evidence, the state registrar shall not register the late certificate and shall advise the applicant of the reason for this action.

The department of health may by rule provide for the dismissal of an application which is not actively prosecuted.

(e) As used in this section, "late" means one year or more after the date of birth. [L 1949, c 327, §20; RL 1955, §57-19; am L Sp 1959 2d, c 1, §19; HRS §338-16; am L 1972, c 66, §1(2); am L 1997, c 305, §3]
Haw. Rev. Stat. § 337-4 — HI Code / Division 1 / Title 19 / Chapter 337 / Section 337-4
Limitation.
Status: in_force

Any proceedings under this chapter shall be begun within one year after the flight referred to in this chapter.
Haw. Rev. Stat. § 332D-2 — HI Code / Division 1 / Title 19 / Chapter 332D / Section 332D-2
Restriction on manufacture or distribution.
Status: in_force

On or after January 1, 2006, a person may not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of one per cent, by mass, of pentaBDE, octaBDE, or any other chemical formulation that is part of these classifications.
Haw. Rev. Stat. § 321-14.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-14.5
Hospitals; licensing.
Status: in_force

(a) All hospitals shall be licensed by the department to ensure the health, safety, and welfare of the individuals placed therein.

(b) The director shall adopt rules in accordance with chapter 91 that shall provide for the licensing of hospitals.

(c) The rules may provide that accreditation by The Joint Commission demonstrates a hospital's compliance with all licensing inspections required by the State. The rules may exempt a hospital from a licensing inspection on a continuing basis throughout the term of the accreditation under the following conditions:

(1) The hospital provides the department with a certified copy of the hospital's official accreditation report from The Joint Commission;

(2) The hospital continuously holds full accreditation by The Joint Commission; and

(3) The hospital holds a current and valid state license.

(d) The rules shall provide that the department may conduct inspections and investigations of exempt hospitals to investigate complaints, follow up on adverse accreditation findings, or conduct periodic validation surveys.

(e) Information contained in reports of survey and official accreditation letters made by The Joint Commission used in determining compliance with licensing requirements shall be public information.

(f) All other records maintained by the department shall be governed by chapter 92F. [L 2002, c 118, §1; am L 2012, c 273, §1; am L 2020, c 70, §47]
Haw. Rev. Stat. § 327K-4 — HI Code / Division 1 / Title 19 / Chapter 327K / Section 327K-4
Rules.
Status: in_force

The director of health may adopt rules in accordance with chapter 91 to carry out this chapter.
Haw. Rev. Stat. § 342B-25 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-25
Approval of permit.
Status: in_force

(a) The director shall issue a permit for any term not exceeding five years if it is determined that the source will comply with all requirements of this chapter and the rules and standards adopted pursuant to this chapter.

(b) The permit may be subject to such reasonable conditions as the director may prescribe, including emission limitations or other conditions to assure compliance with all hazardous air pollutant maximum achievable control technology standards or rules adopted pursuant to this chapter.

(c) The director, on application, shall renew a permit for a term not exceeding five years, if it is determined that the source complies with all requirements of this chapter and the rules and standards adopted pursuant to this chapter.

(d) 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.

(e) The director shall not issue a permit for a covered source if the administrator timely objects to its issuance. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 329C-2 — HI Code / Division 1 / Title 19 / Chapter 329C / Section 329C-2
Offenses.
Status: in_force

(a) No person shall manufacture, distribute, or possess with intent to distribute, an imitation controlled substance. Any person who violates this subsection shall be guilty of a misdemeanor.

(b) No person eighteen years of age or over shall violate subsection (a) by distributing an imitation controlled substance to a person under eighteen years of age. Any person who violates this subsection shall be guilty of a class C felony.

(c) No person shall use, or possess with intent to use, an imitation controlled substance. Any person who violates this subsection shall be guilty of a petty misdemeanor, except that possession of a substance imitating a controlled substance which is subject to section 712-1249 shall constitute a violation.

(d) No person shall place in any newspaper, magazine, handbill, or other publication, or post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this subsection shall be guilty of a misdemeanor.

(e) No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under chapter 329 who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research. [L 1984, c 222, pt of §1]
Haw. Rev. Stat. § 321-193.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-193.5
Interagency coordination.
Status: in_force

(a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety, Hawaii paroling authority, judiciary, department of health, department of human services, and any other agencies assigned oversight responsibilities for offender substance abuse treatment by law or administrative order, shall establish a coordinating body through an interagency cooperative agreement to oversee the development and implementation of offender substance abuse treatment programs in the State to ensure compliance with the intent of the master plan developed under chapter 353G. The coordinating body shall also include a representative from a community based prisoner advocacy group and a substance abuse treatment provider selected by the director of health, and an ex-offender selected by the director of public safety subject to the approval of the chairperson of the Hawaii paroling authority and the chief justice. The coordinating body shall meet not less than quarterly in a meeting subject to chapter 92. The interagency cooperative agreement shall set forth the role of the coordinating body and the responsibilities of each agency that is a party to the agreement.

(a) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of corrections and rehabilitation, Hawaii paroling authority, judiciary, department of health, department of human services, and any other agencies assigned oversight responsibilities for offender substance abuse treatment by law or administrative order, shall establish a coordinating body through an interagency cooperative agreement to oversee the development and implementation of offender substance abuse treatment programs in the State to ensure compliance with the intent of the master plan developed under chapter 353G. The coordinating body shall also include a representative from a community based prisoner advocacy group and a substance abuse treatment provider selected by the director of health, and an ex-offender selected by the director of corrections and rehabilitation subject to the approval of the chairperson of the Hawaii paroling authority and the chief justice. The coordinating body shall meet not less than quarterly in a meeting subject to chapter 92. The interagency cooperative agreement shall set forth the role of the coordinating body and the responsibilities of each agency that is a party to the agreement.

(b) The department of health shall be the lead agency for interagency coordination of substance abuse treatment. As the lead agency, the department shall act as facilitator of and provide administrative support to the coordinating body.

(c) Notwithstanding any other provision to the contrary, any agency that is part of the interagency cooperative agreement shall provide, upon the request of any other participating agency, all medical, psychological, or mental health records of any offender receiving supervision or treatment while under custody of the State. Any participating agency receiving such records of any offender receiving supervision or treatment while under custody of the State, shall keep that information confidential in accordance with the requirements of 42 United States Code section 290dd-2. [L 2002, c 161, §2; am L 2022, c 278, §29]
Haw. Rev. Stat. § 342B-50 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-50
Disposition of collected fines and penalties.
Status: in_force

Fines and penalties collected under sections 342B-47, 342B-48, and 342B-49 shall be deposited into the environmental response revolving fund established by section 128D-2.
Haw. Rev. Stat. § 342H-37 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-37
Felony disposal of solid waste.
Status: in_force

(a) A person commits the offense of felony disposal of solid waste if the person:

(1) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than ten cubic yards in volume anywhere other than a permitted solid waste management system without the written approval of the director;

(2) After having been sentenced under this section or section 342H-39 on two separate and prior occasions, knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the written approval of the director; or

(3) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste anywhere other than a permitted solid waste management system without the written approval of the director for which the expense of recovering, removing, restoring, and lawfully disposing of the solid waste exceeds $1,500.

(b) This section shall not supersede any other disposal prohibitions established under federal, state, or county law, ordinance, regulation, or rule.

(c) Felony disposal of solid waste is a class C felony for which a fine of no more than $50,000 for each separate offense may be imposed. In addition to the foregoing, any vehicle owned and operated by the person in the commission of the offense shall be subject to forfeiture pursuant to chapter 712A. [L 2004, c 143, pt of §1; am L 2005, c 105, §3; am L 2023, c 201, §1]
Haw. Rev. Stat. § 342I-22 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-22
Motor vehicle tires; disposal in landfill or municipal solid waste incinerator prohibited.
Status: in_force

(a) No person shall place a whole motor vehicle tire in mixed municipal solid waste, or shall discard or otherwise dispose of a motor vehicle tire except by delivery to any motor vehicle tire retailer, tire wholesaler, or to an authorized tire collection or authorized tire recycler.

(b) No motor vehicle tire retailer shall dispose of a motor vehicle tire except by delivery to the agent of a motor vehicle tire wholesaler or to a motor vehicle tire manufacturer, or to an authorized motor vehicle tire recycler.

(c) Each tire improperly disposed of shall constitute a separate offense.

(d) For each violation of this section a violator shall be subject to the penalties and remedies provided under sections 342H-9 Penalties; 342H-10 Administrative penalties; and 342H-11 Injunctive relief.

(e) Variances to these provisions may be granted by the director based on written requests submitted by a permitted disposal facility. [L 1993, c 209, pt of §2]
Haw. Rev. Stat. § 323D-53 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-53
Periodic reports from health facilities.
Status: in_force

Any health facility or business subject to regulation under this part shall, at the request of the state agency, supply such information to the state agency as is necessary to carry out the purposes of this chapter, including but not limited to:

(1) Periodic reports from holders of certificates of need respecting the development of the proposals for which certificates have been issued,

(2) Master plans, feasibility studies, and other long-range plans and studies,

(3) Financial information, and

(4) Utilization information. [L 1977, c 178, pt of §2]
Haw. Rev. Stat. § 323-2 — HI Code / Division 1 / Title 19 / Chapter 323 / Section 323-2
Hospital visitation policy and extension of authority to reciprocal beneficiaries.
Status: in_force

A reciprocal beneficiary, as defined in chapter 572C, of a patient shall have the same rights as a spouse with respect to visitation and making health care decisions for the patient.
Haw. Rev. Stat. § 330-5 — HI Code / Division 1 / Title 19 / Chapter 330 / Section 330-5
§§330-5 to 330-7 REPEALED.
Status: repealed

§§330-5 to 330-7 REPEALED. L 1986, c 179, §§6 to 8.
Haw. Rev. Stat. § 325-55 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-55
Rules and regulations.
Status: in_force

The department of health may, subject to the approval of the governor, adopt, promulgate, and enforce rules and regulations for the more effective enforcement of this part.