Haw. Rev. Stat. § 329D-26 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-26
Public education.
Status: in_force

(a) The department, in conjunction with medical cannabis dispensaries and physicians and advanced practice registered nurses who issue written certifications pursuant to section 329-123, shall conduct a continuing education and training program to explain and clarify the purposes and requirements of this chapter or to provide substance abuse prevention and education. The program shall target community partner agencies, physicians and other health care providers, patients and caregivers, law enforcement agencies, law and policy makers, and the general public. The program shall include, at minimum, education and outreach regarding:

(1) The updated, publicly-available list of medical cannabis dispensaries, physicians, and other health care providers participating in the program under this chapter;

(2) Lawful activities, unlawful activities, and applicable penalties for a medical cannabis dispensary, qualifying patient, primary caregiver, qualifying out-of-state patient, caregiver of a qualifying out-of-state patient, and other entity performing related activities; and

(3) The methods and associated requirements for a medical cannabis dispensary, qualifying patient, primary caregiver, or other entity to produce cannabis and manufactured cannabis products, as applicable.

(b) The department shall employ at least one full-time staff member whose qualifications and duties include the provision of medical cannabis health education. [L 2015, c 241, pt of §2; am L 2017, c 170, §2 ; am L 2023, c 108, §11 ]
Haw. Rev. Stat. § 342G-120 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-120
Recycling facility reporting.
Status: in_force

Recycling facilities, in addition to any requirements under chapter 342H, shall prepare or maintain the documents involving empty beverage containers, as required by the department.
Haw. Rev. Stat. § 323D-45.3 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-45.3
Approval of applications required to meet safety, licensure, or accreditation standards.
Status: in_force

(a) Notwithstanding section 323D-43, the state agency shall approve an application for a certificate of need for a capital expenditure which is required:

(1) To eliminate or prevent imminent safety hazards as defined by federal, state, or county fire, building, or life safety codes or regulations, or

(2) To comply with state licensure standards,

(3) To comply with accreditation standards, compliance with which is required to receive reimbursements under Title XVIII of the Social Security Act or payments under a state plan for medical assistance approved under Title XIX of such Act,

unless the state agency finds that the facility or service with respect to which the capital expenditure is proposed to be made is not needed or that the obligation of the capital expenditure is not consistent with the state health services and facilities plan in effect under section 323D-15.

(b) An application for a certificate of need approved by the state agency under this section shall be approved only to the extent that the capital expenditure is required to eliminate or prevent the hazards described in paragraph (1) or to comply with the standards described in paragraph (2) or (3). [L 1980, c 75, §17; am L 1982, c 245, §5; am L 1984, c 267, §13]
Haw. Rev. Stat. § 340E-6 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-6
Notification of users and department.
Status: in_force

(a) Whenever a public water system:

(1) Fails to comply with an applicable maximum contaminant level, treatment technique, or testing procedure requirement of a state primary drinking water regulation;

(2) Fails to perform monitoring required by regulations adopted by the director;

(3) Is subject to a variance granted for an inability to meet a maximum contaminant level requirement;

(4) Is subject to an exemption; or

(5) Fails to comply with the requirements of any schedule prescribed by such a variance or exemption;

the public water system shall promptly notify the department, and in the case of a violation under [paragraph (1)], the local communications media, of the conditions and the extent to which they may impose adverse effects on public health and the corrective action being taken when appropriate.

(b) Notice of any violation determined by the director as posing a serious adverse health effect as a result of short term exposure shall be given as soon as practicable, but not later than twenty-four hours after the violation.

(c) The director shall prescribe by rules the form, content, and manner for giving notice. The rules may contain such additional public notification requirements as the director determines are necessary to best effectuate the purpose of this chapter, including consumer confidence reports, and may also contain alternative notice requirements as allowed by the Federal Act. [L 1976, c 84, pt of §1; am L 1977, c 66, §2; am L 1984, c 268, §2; am L 1987, c 165, pt of §1; am L 1997, c 218, §5]
Haw. Rev. Stat. § 326-3 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-3
Care in other hospitals, homes, etc.
Status: in_force

Notwithstanding any law relating to this subject matter, the department of health may make arrangements for the care and treatment of any person within the State at any hospital, nursing home, or other residential facility in the State, either public or private, and bear all expenses of the hospitalization and treatment and any other necessary expenses in the same manner as though the person were staying at any facility for the care and treatment of persons with Hansen's disease established under section 326-1. Any moneys at any time appropriated for the care of patients or maintenance of a facility established under section 326-1 may be used by the department to pay any hospital, nursing home, or other residential facility with which the department has made those arrangements. When those arrangements have been made the other provisions of this chapter relating to the examination, care, treatment, and discharge of patients shall apply to the institution and patient involved in the same manner as they apply to a facility established under section 326-1.
Haw. Rev. Stat. § 327E-5 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-5
Health-care decisions; surrogates.
Status: in_force

(a) A patient may designate or disqualify any individual to act as a surrogate by personally informing the supervising health-care provider. In the absence of such a designation, or if the designee is not reasonably available, a surrogate may be appointed to make a health-care decision for the patient.

(b) A surrogate may make a health-care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available. Upon a determination that a patient lacks decisional capacity to provide informed consent to or refusal of medical treatment, the primary physician or the physician's designee shall make reasonable efforts to notify the patient of the patient's lack of capacity. The primary physician, or the physician's designee, shall make reasonable efforts to locate as many interested persons as practicable, and the primary physician may rely on such individuals to notify other family members or interested persons.

(c) Upon locating interested persons, the primary physician, or the physician's designee, shall inform such persons of the patient's lack of decisional capacity and that a surrogate decision-maker should be selected for the patient.

(d) Interested persons shall make reasonable efforts to reach a consensus as to who among them shall make health-care decisions on behalf of the patient. The person selected to act as the patient's surrogate should be the person who has a close relationship with the patient and who is the most likely to be currently informed of the patient's wishes regarding health-care decisions. If any of the interested persons disagrees with the selection or the decision of the surrogate, or, if after reasonable efforts the interested persons are unable to reach a consensus as to who should act as the surrogate decision-maker, then any of the interested persons may seek guardianship of the patient by initiating guardianship proceedings pursuant to chapter 551 or chapter 560, as applicable. Only interested persons involved in the discussions to choose a surrogate may initiate such proceedings with regard to the patient.

(e) If any interested person, the guardian, or primary physician believes the patient has regained decisional capacity, the primary physician shall reexamine the patient and determine whether or not the patient has regained decisional capacity and shall enter a decision and the basis for such decision into the patient's medical record and shall notify the patient, the surrogate decision-maker, and the person who initiated the redetermination of decisional capacity.

(f) A surrogate who has been designated by the patient may make health-care decisions for the patient that the patient could make on the patient's own behalf.

(g) A surrogate who has not been designated by the patient may make all health-care decisions for the patient that the patient could make on the patient's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a patient upon a decision of the surrogate only when the primary physician and a second independent physician certify in the patient's medical records that the provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying and the patient is highly unlikely to have any neurological response in the future.

The surrogate who has not been designated by the patient shall make health-care decisions for the patient based on the wishes of the patient, or, if the wishes of the patient are unknown or unclear, on the patient's best interest.

The decision of a surrogate who has not been designated by the patient regarding whether life-sustaining procedures should be provided, withheld, or withdrawn shall not be based, in whole or in part, on either a patient's preexisting, long-term mental or physical disability, or a patient's economic status. A surrogate who has not been designated by the patient shall inform the patient, to the extent possible, of the proposed procedure and the fact that someone else is authorized to make a decision regarding that procedure.

(h) A health-care decision made by a surrogate for a patient is effective without judicial approval.

(i) A surrogate may act as a medicaid authorized representative, pursuant to federal and state medicaid laws relating to authorized representatives, on the patient's behalf for the purposes of medicaid, including but not limited to assisting with, submitting, and executing a medicaid application, redetermination of eligibility, and other on-going medicaid-related communications with the department of human services. For the purposes of medicaid, the surrogate may access medicaid records of the patient on whose behalf the surrogate was designated to act. For a surrogate to be able to act under this subsection, the surrogate shall agree to be legally bound by the federal and state authorities related to authorized representatives, including but not limited to maintaining the confidentiality of any information provided by the department of human services, in compliance with all state and federal confidentiality laws. The surrogate's status as an authorized representative for the purposes of medicaid shall terminate when revoked by a patient who no longer lacks decisional capacity, upon appointment or availability of an agent or guardian of the person, or upon the patient's death.

(j) A supervising health-care provider shall require a surrogate to provide a written declaration under the penalty of false swearing stating facts and circumstances reasonably sufficient to establish the claimed authority. [L 1999, c 169, pt of §1; am L 2018, c 125, §3]
Haw. Rev. Stat. § 321-27 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-27
Sanitation and environmental health special fund.
Status: in_force

(a) There is established within the department of health the sanitation and environmental health special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, various certificates, variances, investigations, and reviews, pursuant to sections 321-11.5(c) and 321-15.

(b) Moneys in the fund shall be expended by the department to partially fund the operating costs of program activities and functions authorized pursuant to section 321-11 to enhance the capacity of sanitation and environmental health programs to:

(1) Improve public outreach efforts and consultations to regulated businesses and industries;

(2) Educate the public, staff, and regulated businesses and industries;

(3) Plan for future growth and expansion to meet emerging needs;

(4) Provide training opportunities to ensure the maintenance of professional competence among sanitation and environmental health staff and administrators; and

(5) Conduct program activities and functions of the sanitation branch, including permit issuance, inspections, and enforcement and the hiring of additional inspectors;

provided that for environmental health programs, not more than $140,000 of the fund may be used during any fiscal year for fund administration, including the hiring of not more than two full-time equivalent personnel, and the purchase of office and electronic equipment.

(c) Any amount in the fund in excess of $1,500,000 on June 30 of each year shall be deposited into the general fund.

(d) The department of health shall submit a report to the legislature concerning the status of the sanitation and environmental health special fund, including:

(1) The amount of moneys taken in by and expended from the fund; and

(2) The sources of receipts and uses of expenditures,

not less than twenty days prior to the convening of each regular session. [L 1994, c 169, §§2, 9; am L 1996, c 164, §1; am L 1998, c 311, §§15, 16; am L 1999, c 120, §4; am L 2010, c 176, §4]
Haw. Rev. Stat. § 325-52 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-52
Serologic tests; reports.
Status: in_force

For the purposes of this part a standard serologic test shall be a test for syphilis approved by the department of health and shall be made at a laboratory approved to make such tests by the department. Such laboratory tests as are required by this part shall be made on request without charge at the department laboratories. The department shall issue a "laboratory report form" to be distributed upon application to all laboratories approved to make tests called for in this section. Any laboratory making any such tests shall prepare the report thereof in triplicate. The original of the report shall be transmitted by the laboratory making the test to the certifying physician. The duplicate copy of such report shall be forwarded to the department. The triplicate shall be retained by the laboratory in its files and shall be open at any time for inspection by an authorized representative of the department.
Haw. Rev. Stat. § 342H-56 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-56
Other powers.
Status: in_force

In addition to any other power or duty prescribed by law or this part, the director may establish by rule a municipal solid waste landfill program that meets or exceeds the standards, criteria, and requirements set forth in the federal municipal solid waste landfill regulations, 40 C.F.R. Part 258.
Haw. Rev. Stat. § 339-24 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-24
Penalties.
Status: in_force

Any person who knowingly violates this part shall be fined not more than $500 for each separate offense. Each day of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
Haw. Rev. Stat. § 321-212 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-212
Tobacco products; possession or consumption prohibited.
Status: in_force

Possession or consumption of a tobacco product by a person under twenty-one years of age in a public place shall be prohibited.
Haw. Rev. Stat. § 334D-3 — HI Code / Division 1 / Title 19 / Chapter 334D / Section 334D-3
Diversion program.
Status: in_force

(a) There is established a diversion program for chemically dependent nurses which shall be administered and monitored by a professional association or other entity approved by the board. The function of the diversion program shall be to assess and, where appropriate, rehabilitate chemically dependent nurses whose competencies may be impaired and to provide treatment so that nurses are able to return to or continue the practice of nursing in a manner that is beneficial to the public.

(b) The board shall adopt rules in accordance with chapter 91 setting forth the requirements for program approval and maintenance.

(c) Participation in the diversion program shall be voluntary.

(d) If a nurse is subject to penalties, including revocation, suspension, or limitation of license and fines, and desires to effect a compromise settlement, the regulated industries complaint office and the nurse may enter into a settlement agreement subject to approval and order of the board and acceptance by the diversion program.

(e) The names of nurses who fail to comply with the terms and conditions of the diversion program shall be reported to:

(1) The executive officer of the board; and

(2) The regulated industries complaints office,

within three business days after the failure to comply becomes known to the individuals monitoring the nurse and the individual designated by the monitoring entity to report the failure to comply.

(f) Nurses who participate in the diversion program pursuant to this chapter shall provide evidence verified by licensed professional health care providers of successful completion of all terms and conditions of the program and of sufficient rehabilitation to safely practice nursing, as provided by rules adopted by the board pursuant to chapter 91.

(g) A nurse who fully complies with this chapter and the rules adopted by the board pursuant to this chapter, and who completes all the requirements of a diversion program approved by the board, shall not be subject to further disciplinary action by the board for the cause described in section 457-12(a)(4).

(h) A nurse admitted to the diversion program who fails to comply with the requirements of this chapter, the rules adopted by the board pursuant to this chapter, or the requirements of the diversion program may be subject to disciplinary action in accordance with section 457-12 and chapter 436B. [L 1993, c 106, pt of §1; am L 2010, c 54, §3]
Haw. Rev. Stat. § 321-15.6 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15.6
Adult residential care homes; licensing.
Status: in_force

(a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321-1.9.

(b) The director shall adopt rules regarding adult residential care homes in accordance with chapter 91 that shall be designed to:

(1) Protect the health, safety, and civil rights of persons residing in facilities regulated;

(2) Provide for the licensing of adult residential care homes; provided that the rules shall allow group living in two categories of adult residential care homes as licensed by the department of health:

(A) Type I allowing five or fewer residents; provided that up to six residents may be allowed at the discretion of the department to live in a type I home; provided further that the primary caregiver or home operator is a certified nurse aide who has completed a state-approved training program and other training as required by the department; and

(B) Type II allowing six or more residents, including but not limited to the mentally ill, elders, persons with disabilities, the developmentally disabled, or totally disabled persons who are not related to the home operator or facility staff;

(3) Comply with applicable federal laws and regulations of Title XVI of the Social Security Act, as amended; and

(4) Provide penalties for the failure to comply with any rule.

For the purposes of this subsection:

"Developmentally disabled" means a person with developmental disabilities as defined under section 333F-1.

"Elder" has the same meaning as defined under section 356D-1.

"Mentally ill" means a mentally ill person as defined under section 334-1.

"Persons with disabilities" means persons having a disability under section 515-2.

"Totally disabled person" has the same meaning as a person totally disabled as defined under section 235-1.

(c) The department may provide for the training of and consultations with operators and staff of any facility licensed under this section, in conjunction with any licensing thereof, and shall adopt rules to ensure that adult residential care home operators shall have the needed skills to provide proper care and supervision in a home environment as required under department rules.

(d) The department shall establish a standard admission policy and procedure which shall require the provision of information that includes the appropriate medical and personal history of the patient as well as the level of care needed by the patient prior to the patient's referral and admission to any adult residential care home facility. The department shall develop appropriate forms and patient summaries for this purpose.

(e) The department shall maintain an inventory of all facilities licensed under this section and shall maintain a current inventory of vacancies therein to facilitate the placement of individuals in such facilities.

(f) The department shall develop and adopt a social model of health care to ensure the health, safety, and welfare of individuals placed in adult residential care homes. The social model of care shall provide for aging in place and be designed to protect the health, safety, civil rights, and rights of choice of the persons to reside in a nursing facility or in home- or community-based care.

(g) Any fines collected by the department of health for violations of this section shall be deposited into the office of health care assurance special fund. [L 1978, c 107, pt of §3; am L 1979, c 9, §1 and c 105, §33; am L 1982, c 54, §2; am L 1985, c 272, §5; am L 1986, c 177, §2; am L 1987, c 283, §21; am L 1988, c 334, §2; am L 1990, c 67, §5; am L 1993, c 227, §1; am L 1997, c 341, §2 and c 350, §15; am L 1998, c 132, §4; am L 2002, c 166, §3 and c 188, §2; am L 2003, c 202, §1; am L 2006, c 270, §2; am L 2007, c 90, §3 and c 249, §20; am L 2016, c 184, §3]
Haw. Rev. Stat. § 342L-18 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-18
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 and orders of the department.
Haw. Rev. Stat. § 342D-33 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-33
Knowing violations.
Status: in_force

Any person who:

(1) Knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter or any requirement imposed in a pretreatment program; or

(2) Knowingly introduces into a sewerage system or into a publicly owned treatment works any water pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in a permit issued to the treatment works under this chapter;

shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than three years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than six years, or by both. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 334-123 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-123
Initiation of proceeding for assisted community treatment.
Status: in_force

(a) Any interested party may file a petition with the family court alleging that another person meets the criteria for assisted community treatment. The petition shall state:

(1) Each of the criteria under section 334-121 for assisted community treatment;

(2) Petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334‑121;

(3) Facts that support the petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334-121; and

(4) That the subject of the petition is present within the county where the petition is filed.

The hearing on the petition need not be limited to the facts stated in the petition. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.

(b) The department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to this section and with the presentation of the case at any related court proceedings; provided that, if the petitioner is a private provider or other private individual, the petitioner may decline the assistance.

(c) The petition may be accompanied by a certificate of a qualified psychiatric examiner who has examined the subject of the petition in person within twenty calendar days before the filing of the petition. For purposes of the petition, an examination shall be considered valid so long as the qualified psychiatric examiner has obtained enough information from the subject of the petition and has had face-to-face contact to reach a diagnosis of the subject of the petition, and to express a professional opinion concerning the same, even if the subject of the petition is not fully cooperative. If the petitioner believes that further examination is necessary before treatment, the petitioner may request further examination.

(d) The petition shall include the name of a proposed assisted community treatment provider and the name, address, and telephone number of at least one of the following persons in the following order of priority: the subject of the petition's spouse or reciprocal beneficiary, legal parents, adult children, surrogate, or legal guardian. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult child, surrogate, or legal guardian, or if none can be found, the petition shall include the name, address, and telephone number of at least one of the subject's closest adult relatives, if any can be found. [L 1984, c 251, pt of §1; am L 1986, c 339, §44; am L 2013, c 221, §§9, 24; am L 2015, c 231, §1; am L 2016, c 114, §6; am L 2017, c 88, §4; am L 2018, c 144, §9; am L 2019, c 129, §5; am L 2024, c 87, §3; am L 2025, c 219, §15]
Haw. Rev. Stat. § 342D-73 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-73
[ §342D-73] Individual wastewater system; dwelling units.
Status: in_force

[ §342D-73] Individual wastewater system; dwelling units. An individual wastewater system may serve up to five bedrooms, regardless of the number of:

(1) Dwellings or dwelling units; or

(2) Accessory units as defined by the counties,

whether the dwellings, dwelling units, or accessory units are attached or detached; provided that this section shall not apply to any new requests to connect additional dwelling units to an existing cesspool. [L 2025, c 224, §2]
Haw. Rev. Stat. § 334-2.7 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-2.7
[ §334-2.
Status: in_force

[ §334-2.7] Development or expansion of a forensic facility of the department of health. (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of a forensic facility of the department; provided that if an environmental assessment or environmental impact statement is required for a proposed site or for the expansion of the forensic facility under section 343-5, then notwithstanding the time periods specified for public review and comments under section 343-5, the governor shall accept public comments for a period of sixty days following public notification of either an environmental assessment or an environmental impact statement.

(b) Any development or expansion proposal shall address the construction of the forensic facility separate from the operation of the facility and shall consider and include:

(1) The percentages of low, medium, and high risk patients;

(2) The impact of the facility on existing infrastructure and an assessment of improvements and additions that will be necessary;

(3) The impact of the facility on available modes of transportation, including airports, roads, and highways; and

(4) A useful life costs analysis.

(c) For the purposes of this section:

"Forensic facility" means a facility that assesses and treats forensically committed persons.

"Useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facility operation. [L 2016, c 90, §2]
Haw. Rev. Stat. § 321-355 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-355
Early intervention special fund.
Status: in_force

(a) There is established in the state treasury a special fund to be known as the early intervention special fund to be administered by the department in accordance with this section.

(b) The fund shall consist of grants and income earned by the special fund. All program income consisting of federal reimbursement funds received by the State for early intervention funded by legislative appropriations under this part shall be deposited into the special fund; provided that no state appropriations shall be deposited into the special fund. [L 1997, c 378, pt of §2; ree L 1998, c 43, pt of §1(1); am L 2011, c 124, §42]
Haw. Rev. Stat. § 321-363 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-363
Rules.
Status: in_force

The department shall adopt rules, pursuant to chapter 91, necessary for the purposes of this part, including but not limited to administration and quality of newborn hearing screening; retention of records and related data; reporting of hearing screening results; reporting of diagnostic audiologic evaluation results for those infants who fail newborn hearing screenings or have been identified as deaf or hard of hearing; intervention for infants who have been identified as deaf or hard of hearing; informing parents about the purpose of hearing screening, diagnostic audiologic evaluation, and intervention; and maintaining the confidentiality of affected families.
Haw. Rev. Stat. § 321H-3 — HI Code / Division 1 / Title 19 / Chapter 321H / Section 321H-3
Neurotrauma advisory board.
Status: in_force

(a) There is established within the department a neurotrauma advisory board to advise the director in implementing this chapter.

(b) The board shall consist of eleven members to be appointed by the director. The director shall designate a member to be the chairperson of the advisory board. The director or a designee shall serve as an ex officio, nonvoting member of the advisory board. The director may also appoint up to three state and county representatives whose work relates to neurotrauma to be ex officio, nonvoting members of the board. The members shall serve for a term of four years; provided that upon the initial appointment of members, two shall be appointed for a term of one year, three for a term of two years, three for a term of three years, and three for a term of four years. In establishing the advisory board, the director shall appoint:

(1) Two survivors of neurotrauma or their family members (one for traumatic brain injuries and one for spinal cord injuries);

(2) One member of the Brain Injury Association of Hawaii;

(3) One member representing the state traumatic brain injury advisory board;

(4) Two members representing private sector businesses that provide services for neurotrauma survivors;

(5) One member representing trauma centers that provide services for neurotrauma survivors;

(6) One representative for persons with stroke; and

(7) Three at-large members.

(c) The members shall serve without compensation but shall be reimbursed for actual expenses, including travel expenses, that are necessary for the performance of their duties.

(d) The number of members necessary to constitute a quorum to do business shall consist of a majority of all the voting members who have been appointed by the director and have accepted that appointment. When a quorum is in attendance, the concurrence of a majority of the voting members in attendance shall make any action of the board valid. [L 2002, c 160, pt of §2; am L 2014, c 191, §1]
Haw. Rev. Stat. § 328C-6 — HI Code / Division 1 / Title 19 / Chapter 328C / Section 328C-6
§§328C-6 and 328C-7 REPEALED.
Status: repealed

§§328C-6 and 328C-7 REPEALED. L 2004, c 190, §11.
Haw. Rev. Stat. § 323F-32 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-32
Acquisition of Kahuku hospital.
Status: in_force

(a) Kahuku hospital on Oahu may be assimilated into the Hawaii health systems corporation in a manner and to an extent that may be negotiated between the corporation and Kahuku hospital. After assimilation, the physical assets and the ground lease of Kahuku hospital shall become the property of the corporation, and Kahuku hospital shall be operated by the corporation.

(b) None of the liabilities of Kahuku hospital shall become liabilities of the corporation.

(c) The corporation, at its discretion, may retain any or all medical and nonmedical employees of Kahuku hospital.

(d) The corporation, without regard to section 323F-31, may adjust the levels of services provided by Kahuku hospital.

(e) Kahuku hospital shall be exempt from chapter 102 and section 103-53, and its board of directors, if any, shall be exempt from part I of chapter 92.

(f) The purchase of goods and services by or on behalf of Kahuku hospital shall be exempt from chapters 103D and 103F.

(g) Employees of Kahuku hospital shall be exempt from chapters 76, 87A, 88, and 89, and shall not be considered as employees of the State. [L 2007, c 113, §2]
Haw. Rev. Stat. § 342J-3 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-3
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. § 342J-55 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-55
Furnishing of information and entry and inspection of premises.
Status: in_force

(a) For purposes of enforcing this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter, any person who generates, transports, treats, stores, disposes of, processes, re-refines, burns (including burning for purposes of energy recovery), recycles, distributes, markets, or otherwise handles or has handled used oil or used oil fuel, upon the request of any duly authorized representative of the director, shall furnish information relating to the used oil or used oil fuel and permit the representative at all reasonable times to have access to, and to copy all records relating to the used oil or used oil fuel.

(b) For purposes of enforcing this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter, the authorized representative may:

(1) Enter, at reasonable times, any establishment or other place where used oil or used oil fuel is or has been generated, transported from, treated, stored, disposed of, processed, re-refined, burned (including burning for purposes of energy recovery), recycled, distributed, marketed, or otherwise handled;

(2) Inspect and obtain samples of any used oil or used oil fuel and samples of any containers or labeling for used oil or used oil fuel; and

(3) Obtain any other information, including financial information, for purposes of determining compliance with this part, the rules adopted pursuant to this part, and other applicable provisions of this chapter.

Each inspection shall be commenced and completed with reasonable promptness. [L 1996, c 82, pt of §1]
Haw. Rev. Stat. § 342J-38 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-38
Public participation activities; appointment of hearings officers.
Status: in_force

The director may appoint, without regard to chapter 76, hearings officers to conduct public participation activities, including public hearings and public informational meetings.
Haw. Rev. Stat. § 321-493 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-493
[ §321-493] Day care centers for disabled and aged persons.
Status: in_force

[ §321-493] Day care centers for disabled and aged persons. The department shall be responsible for the recruitment and licensing of day care centers for elder disabled and aged persons. The department shall adopt any necessary rules, regulations, and minimum standards to protect the best interests of adults receiving care in day care centers. The rules and regulations shall have the force and effect of law and shall be administered by the department.
Haw. Rev. Stat. § 339-10 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-10
Injunction to restrain violation.
Status: in_force

In addition to the remedies provided in this chapter, the director may apply to the circuit environmental court for a temporary or permanent injunction restraining any person from violating any provision of this chapter. [L Sp 1977 1st, c 2, pt of §2; am L 2014, c 218, §8]
Haw. Rev. Stat. § 321-504 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-504
Exception.
Status: in_force

Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency.
Haw. Rev. Stat. § 329-124 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-124
Insurance not applicable.
Status: in_force

This part shall not be construed to require insurance coverage for the medical use of cannabis.
Haw. Rev. Stat. § 342D-107 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-107
Memorandum of understanding; recognition program.
Status: in_force

(a) Nothing contained in this part shall prevent the State from:

(1) Entering into voluntary agreements with any owners or operators of commercial passenger vessels, or their representatives, for the purpose of controlling pollution outside the marine waters of the State; or

(2) Adopting pollution controls more stringent than those contained in this part.

(b) The department may engage in efforts to encourage and recognize superior environmental protection efforts made by the owners or operators of commercial passenger vessels that exceed the requirements established by law. [L 2005, c 217, pt of §1]
Haw. Rev. Stat. § 326-5 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-5
Appropriations, how spent.
Status: in_force

All moneys at any time appropriated for the upkeep, support, maintenance, and conduct of any hospital, facility, or place for persons affected with Hansen's disease, shall be expended under the supervision and authority and by the order of the department of health, upon vouchers signed by the director of health.
Haw. Rev. Stat. § 334-2.5 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-2.5
Contracts for facilities and services.
Status: in_force

(a) The director may contract with any person for:

(1) The development or operation of private in-state psychiatric facilities;

(2) The placement of patients in existing private or public psychiatric facilities; and

(3) The provision of:

(A) Secure psychiatric rehabilitation services;

(B) Crisis intervention and stabilization services;

(C) Intensive treatment and wraparound services;

(D) Diversion services;

(E) Special treatment facilities or therapeutic living programs as defined in section 334-1;

(F) Case management services;

(G) Housing services;

(H) Outreach services, with priority for outreach services intended to help homeless individuals with serious and persistent mental health challenges reside in homeless facilities, permanent dwelling units, or other facilities and avoid returning to homelessness; and

(I) Other mental health treatment and rehabilitation services.

(b) The department may operate or contract for a secure psychiatric rehabilitation program for individuals who require intensive therapeutic treatment and rehabilitation in a secure setting. The services authorized by this section shall be for persons:

(1) Involuntarily hospitalized under this chapter for whom the services cannot be reimbursed, covered, or provided by an insurer, plan, or other person;

(2) Committed to the custody of the director under chapter 704; and

(3) Appropriately hospitalized under chapter 704 or 706.

The director shall be responsible for the appropriate placement of all persons placed in facilities or services contracted for or operated by the director under paragraphs (1) through (3).

Any such person placed in a facility or services contracted for or operated by the director who leaves or remains away from the facility or services, without permission, may be apprehended and returned to the facility or services by any employee of the department or by any law enforcement officer without any warrant or further proceeding.

(c) The department shall:

(1) See that patients who receive services under contract or provided directly by the department pursuant to subsection (a) receive the care and treatment for which the department has contracted or for which appropriate services are provided directly by the department;

(2) Make periodic reviews of the records of each person committed to the director's custody or hospitalized pursuant to this chapter, chapter 704, or chapter 706;

(3) In suitable cases, discharge or place on authorized absence persons committed to the director's custody or hospitalized pursuant to this chapter, chapter 704, or chapter 706; and

(4) Keep a medical record of each person committed to the director's custody or hospitalized pursuant to this chapter, chapter 704, or chapter 706. [L 1999, c 119, §2; am L 2013, c 232, §2; am L 2016, c 186, §4]
Haw. Rev. Stat. § 342D-3 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-3
Board membership.
Status: in_force

Notwithstanding any law to the contrary, no individual, board, or body of this State which grants permits required under this chapter shall be or include, as a member, any person who receives or has during the previous two years received, a significant portion of the person's income directly or indirectly from permit holders or applicants for a permit; provided that for the purposes of this section, no agency, board, or body of the State shall be considered a permit holder or applicant for a permit.
Haw. Rev. Stat. § 329D-7 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-7
Medical cannabis dispensary rules.
Status: in_force

The department shall establish standards with respect to:

(1) The number of medical cannabis dispensaries that shall be permitted to operate in the State;

(2) A fee structure, set by rules adopted pursuant to chapter 91, for:

(A) The submission of applications and renewals of licenses to dispensaries; provided that the department shall consider the market conditions in each county in determining the license renewal fee amounts;

(B) The submission of applications and renewals for each additional production center; and

(C) Dispensary-to-dispensary sales authorized by section 329D-6(r);

provided that no designated fee shall increase by more than two and one-half per cent annually;

(3) Criteria and procedures for the consideration and selection, based on merit, of applications for licensure of dispensaries; provided that the criteria shall include but not be limited to an applicant's:

(A) Ability to operate a business;

(B) Financial stability and access to financial resources; provided that applicants for medical cannabis dispensary licenses shall provide documentation that demonstrates control of not less than $1,000,000 in the form of escrow accounts, letters of credit, surety bonds, bank statements, lines of credit or the equivalent to begin operating the dispensary;

(C) Ability to comply with the security requirements developed pursuant to paragraph (6);

(D) Capacity to meet the needs of qualifying patients and qualifying out-of-state patients;

(E) Ability to comply with criminal background check requirements developed pursuant to paragraph (8); and

(F) Ability to comply with inventory controls developed pursuant to paragraph (13);

(4) Specific requirements regarding annual audits and reports required from each production center and dispensary licensed pursuant to this chapter;

(5) Procedures for announced and unannounced inspections by the department or its agents of production centers and dispensaries licensed pursuant to this chapter; provided that inspections for license renewals shall be unannounced;

(6) Security requirements for the operation of production centers and retail dispensing locations; provided that, at a minimum, the following shall be required:

(A) For production centers:

(i) Video monitoring and recording of the premises; provided that recordings shall be retained for fifty days;

(ii) Fencing that surrounds the premises and that is sufficient to reasonably deter intruders and prevent anyone outside the premises from viewing any cannabis in any form;

(iii) An alarm system; and

(iv) Other reasonable security measures to deter or prevent intruders, as deemed necessary by the department; and

(B) For retail dispensing locations:

(i) Presentation of a valid government-issued photo identification and a valid identification as issued by the department pursuant to section 329-123 by a qualifying patient or caregiver, or section 329-123.5 by a qualifying out-of-state patient or caregiver of a qualifying out-of-state patient, upon entering the premises;

(ii) Video monitoring and recording of the premises; provided that recording shall be retained for fifty days;

(iii) An alarm system;

(iv) Exterior lighting; and

(v) Other reasonable security measures as deemed necessary by the department;

(7) Security requirements for the transportation of cannabis and manufactured cannabis products between production centers and retail dispensing locations and between a production center, retail dispensing location, qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient and a certified laboratory, pursuant to section 329-122(f);

(8) Standards and criminal background checks to ensure the reputable and responsible character and fitness of all license applicants, licensees, employees, subcontractors and their employees, and prospective employees of medical cannabis dispensaries to operate a dispensary; provided that the standards, at a minimum, shall exclude from licensure or employment any person convicted of any felony;

(9) The training and certification of operators and employees of production centers and dispensaries;

(10) The types of manufactured cannabis products that dispensaries shall be authorized to manufacture and sell pursuant to sections 329D-9 and 329D-10;

(11) Laboratory standards related to testing cannabis and manufactured cannabis products for content, contamination, and consistency;

(12) The quantities of cannabis and manufactured cannabis products that a dispensary may sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient; provided that no dispensary shall sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient any combination of cannabis and manufactured cannabis products that:

(A) During a period of fifteen consecutive days, exceeds the equivalent of four ounces of cannabis; or

(B) During a period of thirty consecutive days, exceeds the equivalent of eight ounces of cannabis;

(13) Dispensary and production center inventory controls to prevent the unauthorized diversion of cannabis or manufactured cannabis products or the distribution of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient in quantities that exceed limits established by this chapter; provided that the controls, at a minimum, shall include:

(A) A computer software tracking system as specified in section 329D-6(j) and (k); and

(B) Product packaging standards sufficient to allow law enforcement personnel to reasonably determine the contents of an unopened package;

(14) Limitation to the size or format of signs placed outside a retail dispensing location or production center; provided that the signage limitations, at a minimum, shall comply with section 329D-6(o)(2) and shall not include the image of a cartoon character or other design intended to appeal to children;

(15) The disposal or destruction of unwanted or unused cannabis and manufactured cannabis products;

(16) The enforcement of the following prohibitions against:

(A) The sale or provision of cannabis or manufactured cannabis products to unauthorized persons;

(B) The sale or provision of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient in quantities that exceed limits established by this chapter;

(C) Any use or consumption of cannabis or manufactured cannabis products on the premises of a retail dispensing location or production center; and

(D) The distribution of cannabis or manufactured cannabis products, for free, on the premises of a retail dispensing location or production center;

(17) The establishment of a range of penalties for violations of this chapter or rule adopted thereto;

(18) A process to recognize and register patients who are authorized to purchase, possess, and use medical cannabis in another state, a United States territory, or the District of Columbia as qualifying out-of-state patients; provided that this registration process may commence no sooner than January 1, 2018; and

(19) Security requirements and restrictions regarding waiting rooms, including but not limited to:

(A) Security measures to prevent unauthorized access to any area within the retail dispensing location outside of the waiting room;

(B) Restrictions on marketing and advertising within the waiting room;

(C) Restrictions on signage within the waiting room; and

(D) Other reasonable security measures or restrictions as deemed necessary by the department. [L 2015, c 241, pt of §2; am L 2016, c 184, §6; am L 2017, c 41, §7 and c 170, §2; am L 2018, c 116, §15; am L 2022, c 309, §8; am L 2023, c 108, §4]
Haw. Rev. Stat. § 323D-44 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-44
Applications for certificates of need.
Status: in_force

(a) An applicant for a certificate of need shall file an application with the state agency. The state agency shall provide technical assistance to the applicant in the preparation and filing of the application.

Each application shall include a statement evaluating the facility's or service's probable impact on health care costs and providing additional data as required by rule. The statement shall include cost projections for at least the first and third years after its approval.

The state agency shall not accept an application for review until the application is complete and includes all necessary information required by the state agency. The state agency shall determine if the application is complete within thirty days of receipt of the application. If the state agency determines that the application is incomplete, the state agency shall inform the applicant of the additional information that is required to complete the application. When the state agency determines that the application is complete, the period for agency review described in subsection (b) shall begin, and the state agency shall transmit the completed application to the appropriate subarea councils, the review panel, the statewide council, appropriate individuals, and appropriate public agencies. The state agency may require the applicant to provide copies of the application to the state agency, the appropriate subarea councils, the review panel, the statewide council, appropriate individuals, and appropriate public agencies. If, during the period for agency review, the state agency requires the applicant to submit information respecting the subject of the review, the period for agency review shall, at the request of the applicant, be extended fifteen days.

(b) The state agency shall issue a decision on the application within ninety days after the beginning of the period for agency review, unless the state agency within the ninety days notifies the applicant in writing that the period for agency review has been extended by the state agency sixty days beyond the ninety days. The decision shall be subject to post-decision review procedures which the state agency may provide for by rules adopted in conformity with chapter 91.

(c) The state agency may adopt rules in conformity with chapter 91 for the issuance of certificates of need for those applications for which the procedures in section 323D-45 would be infeasible because of an emergency situation or other unusual circumstances.

(d) Notwithstanding anything to the contrary in subsections (a) and (b), the state agency may adopt rules in conformity with chapter 91 providing that all completed applications pertaining to similar types of services, facilities, or equipment affecting the same health service area shall be considered in relation to each other but no less often than twice a year. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §13; am L 1982, c 245, §4; am L 1984, c 267, §10; am L 1997, c 336, §9]
Haw. Rev. Stat. § 329D-25 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-25
Coordination among state and federal agencies.
Status: in_force

The department shall initiate ongoing dialogue among relevant state and federal agencies to identify processes and policies that ensure the privacy of qualifying patients and qualifying out-of-state patients and the compliance of qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients and medical cannabis dispensaries with state laws and regulations related to medical cannabis.
Haw. Rev. Stat. § 322H-2 — HI Code / Division 1 / Title 19 / Chapter 322H / Section 322H-2
Hawaii health authority; duties and responsibilities.
Status: in_force

(a) The authority shall be responsible for overall health planning for the State and shall be responsible for determining future capacity needs for health providers, facilities, equipment, and support services providers.

(b) The authority shall develop a comprehensive health plan that includes:

(1) Establishment of eligibility for inclusion in a health plan for all individuals;

(2) Determination of all reimbursable services to be paid by the authority;

(3) Determination of all approved providers of services in a health plan for all individuals;

(4) Evaluation of health care and cost effectiveness of all aspects of a health plan for all individuals; and

(5) Establishment of a budget for a health plan for all individuals in the State.

(c) The authority shall determine the waivers that are necessary and available by federal law, rule, or regulation necessary to implement and maintain this chapter.

(d) The authority shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.

(e) The authority shall submit a comprehensive health plan for all individuals in the State, including its findings and recommendations, to the legislature no later than twenty days prior to the convening of the regular session of 2012. [L Sp 2009, c 11, pt of §2; am L 2011, c 8, §1]
Haw. Rev. Stat. § 325-12 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-12
Common drinking cup prohibited.
Status: in_force

The use of a common drinking cup is prohibited in all public places within the State.
Haw. Rev. Stat. § 328-43 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-43
Records, food to be marked.
Status: in_force

Every operator or storer shall keep an accurate record of the receipts and the withdrawals with reference to cold storage of all articles of food within the operator's possession and control. Every operator shall also keep an accurate record of storers having exclusive possession of a portion of the operator's or storer's cold storage.

All articles of food when deposited in cold storage shall be marked plainly on or in connection with the containers in which they are packed or on the individual article, with the date of receipt, and, when removed from cold storage, shall be marked with the date of withdrawal, in accordance with such forms as may be prescribed by the department of health.

The department shall have free access to these records at any time. [L 1925, c 194, §§3, 5; RL 1935, §1065; RL 1945, §2234; RL 1955, §51-42; am L Sp 1959 2d, c 1, §19; HRS §328-43; gen ch 1985]
Haw. Rev. Stat. § 323D-43 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-43
Certificates of need.
Status: in_force

(a) No person, public or private, nonprofit or for profit, shall:

(1) Construct, expand, alter, convert, develop, initiate, or modify a health care facility or health care services in the State that requires a total capital expenditure in excess of the expenditure minimum; or

(2) Substantially modify or increase the scope or type of health service rendered; or

(3) Increase, decrease, or change the class of usage of the bed complement of a health care facility, or relocate beds from one physical facility or site to another,

unless a certificate of need therefor has first been issued by the state agency.

(b) No certificate of need shall be issued unless the state agency has determined that:

(1) There is a public need for the facility or the service; and

(2) The cost of the facility or service will not be unreasonable in the light of the benefits it will provide and its impact on health care costs.

(c) The state agency may adopt criteria for certificate of need review which are consistent with this section. Such criteria may include but are not limited to need, cost, quality, accessibility, availability, and acceptability.

Each decision of the state agency to issue a certificate of need shall, except in an emergency situation that poses a threat to public health, be consistent with the state health services and facilities plan in effect under section 323D-15. Each certificate of need issued shall be valid for a period of one year from the date of issuance unless the period is extended for good cause by the state agency and expenditures for the project shall not exceed the maximum amount of the expenditures approved in the certificate of need. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §12; am L 1982, c 245, §5; am L 1984, c 267, §9; am L 1987, c 270, §11; am L 1997, c 336, §8]
Haw. Rev. Stat. § 328D-6 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-6
Labeling requirements.
Status: in_force

All bottled water shall conform to applicable federal and state labeling laws and be labeled in compliance with the following standards:

(1) Mineral water may be labeled "mineral water". Bottled water to which minerals are added shall be labeled so as to disclose that minerals are added, and may not be labeled "natural mineral water".

(2) Spring water may be labeled "spring water" or "natural spring water".

(3) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas or from which the gas is mechanically separated and later reintroduced at a level not higher than naturally occurring in the water may bear on its label the words "naturally carbonated" or "naturally sparkling".

(4) Bottled water which contains carbon dioxide other than that naturally occurring in the source of the product shall be labeled with the words "carbonated", "carbonation added", or "sparkling" when the carbonation is obtained from a natural or manufactured source.

(5) Well water may be labeled "well water" or "natural well water".

(6) Artesian water may be labeled "artesian water" or "natural artesian water".

(7) Purified water shall be labeled "purified water" and the method of preparation shall be stated on the label, except that purified water produced by distillation may be labeled as "distilled water".

(8) Drinking water may be labeled "drinking water".

(9) Any bottler, distributor, or vendor of bottled water whose corporate name, brand name, or trademark contains the words "spring", "well", "artesian", "mineral", or "natural" or any derivative of those words shall label each bottle with the type of bottled water in typeface at least equal to the size of the typeface of the corporate name, brand name, or trademark, if the type of the bottled water is different from the type stated or implied in the corporate name, brand name, or trademark.

(10) The use of the word "spring", or any derivative thereof other than in a trademark, trade name, or company name to describe water that is not spring water as defined in section 328D-1 shall be prohibited.

(11) A product meeting more than one definition as stated in section 328D-1 may be identified by any of the applicable product types defined in section 328D-1, except where otherwise specifically prohibited.

(12) Supplemental printed information and graphics concerning recognized uses of the water may appear on the label but shall not imply properties of the product or preparation methods which are not factual. [L 1988, c 304, pt of §1]
Haw. Rev. Stat. § 322-33 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-33
Foreclosure.
Status: in_force

The lien may be foreclosed at any time after six months and within five years from the date of the recording required by section 322-32 by suit in equity or without suit by public sale by the comptroller in the name of the State. Foreclosure by public sale shall be preceded by the publication of a notice, setting forth the time and place of the sale, the amount of the lien, and a brief description of the land, for at least six times, in a weekly paper published in the county where the land is situated. The land shall be offered for sale at public auction at an upset price equal to the amount of the lien, and the cost of all advertising and other costs incurred, and if no higher price is bid, shall be declared sold to the State, which in such case shall be deemed to be the purchaser at the upset price. The sale shall be effectual to convey the title to the purchaser, and a conveyance of the land to the purchaser may be executed in the name of the State by the comptroller. Only the balance of the purchase price, after deducting the amount of the lien and costs, or, in case there is no balance or an insufficient balance, only an amount equal to the value of the land as last previously assessed for taxation, shall be subject to claims against the State. In case the State is the purchaser, the amount of the assessed value shall be payable out of any funds provided therefor, and the land may be sold at any time thereafter at public auction, after due notice, at an upset price equal to the value of the land as determined by one or more, but not more than three disinterested appraisers appointed by the comptroller, and the proceeds of the sale turned into the fund provided therefor. In case of uncertainty as to the person to whom the balance or assessed value should be paid or its apportionment among two or more persons, it may be deposited in the circuit court for the benefit of whom it may concern.
Haw. Rev. Stat. § 340B-13 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-13
Reciprocity.
Status: in_force

(a) On or after June 2, 1978, certification of operators by any state which, as determined by the board, accepts certifications made or certification requirements deemed satisfactory pursuant to this chapter, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of this chapter, if in the judgment of the board the certification requirements of such state are substantially equivalent to the requirements of this chapter or any rules or regulations adopted hereunder and providing further that reciprocal privileges are granted to certified operators of this State.

(b) In making determinations pursuant to subsection (a) of this section, the board may consider any generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities. [L 1978, c 169, pt of §2]

Revision Note

"June 2, 1978" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 321-30.1 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-30.1
Medical cannabis registry and regulation special fund; established.
Status: in_force

(a) There is established within the state treasury the medical cannabis registry and regulation special fund . The fund shall be expended at the discretion of the director of health:

(1) To establish and regulate a system of medical cannabis dispensaries in the State;

(2) To offset the cost of the processing and issuance of patient registry identification certificates and primary caregiver registration certificates;

(3) To fund positions and operating costs authorized by the legislature;

(4) To establish and manage a secure and confidential database;

(5) To fund public education as required by section 329D-26;

(6) To fund substance abuse prevention and education programs;

(7) To fund programs for the mitigation and abatement of nuisances relating to illegal cannabis and hemp products and chapter 329D ; and

(8) For any other expenditure necessary, consistent with this chapter and chapter 329D, to implement medical cannabis registry and regulation programs.

(b) The fund shall consist of all moneys derived from fees collected pursuant to subsection (c) and section 329D-4. There is established within the medical cannabis registry and regulation special fund:

(1) A medical cannabis registry program sub-account, into which shall be deposited all fees collected pursuant to subsection (c); and

(2) A medical cannabis dispensary program sub-account, into which shall be deposited all fees collected pursuant to section 329D-4.

(c) The department, upon completion of the transfer of the medical use of cannabis program, shall charge a medical cannabis registration fee to each qualifying patient, other than a qualifying out-of-state patient, of no more than $35 per year. [L 2013, c 177, §2; am L 2015, c 241, §4; am L 2017, c 170, §2; am L 2018, c 116, §3; am L 2025, c 241, §14]
Haw. Rev. Stat. § 344-4 — HI Code / Division 1 / Title 19 / Chapter 344 / Section 344-4
Guidelines.
Status: in_force

In pursuance of the state policy to conserve the natural resources and enhance the quality of life, all agencies, in the development of programs, shall, insofar as practicable, consider the following guidelines:

(1) Population.

(A) Recognize population impact as a major factor in environmental degradation and adopt guidelines to alleviate this impact and minimize future degradation;

(B) Recognize optimum population levels for counties and districts within the State, keeping in mind that these will change with technology and circumstance, and adopt guidelines to limit population to the levels determined.

(2) Land, water, mineral, visual, air, and other natural resources.

(A) Encourage management practices which conserve and fully utilize all natural resources;

(B) Promote irrigation and waste water management practices which conserve and fully utilize vital water resources;

(C) Promote the recycling of waste water;

(D) Encourage management practices which conserve and protect watersheds and water sources, forest, and open space areas;

(E) Establish and maintain natural area preserves, wildlife preserves, forest reserves, marine preserves, and unique ecological preserves;

(F) Maintain an integrated system of state land use planning which coordinates the state and county general plans;

(G) Promote the optimal use of solid wastes through programs of waste prevention, energy resource recovery, and recycling so that all our wastes become utilized.

(3) Flora and fauna.

(A) Protect endangered species of indigenous plants and animals and introduce new plants or animals only upon assurance of negligible ecological hazard;

(B) Foster the planting of native as well as other trees, shrubs, and flowering plants compatible to the enhancement of our environment.

(4) Parks, recreation, and open space.

(A) Establish, preserve and maintain scenic, historic, cultural, park and recreation areas, including the shorelines, for public recreational, educational, and scientific uses;

(B) Protect the shorelines of the State from encroachment of artificial improvements, structures, and activities;

(C) Promote open space in view of its natural beauty not only as a natural resource but as an ennobling, living environment for its people.

(5) Economic development.

(A) Encourage industries in Hawaii which would be in harmony with our environment;

(B) Promote and foster the agricultural industry of the State; and preserve and conserve productive agricultural lands;

(C) Encourage federal activities in Hawaii to protect the environment;

(D) Encourage all industries including the fishing, aquaculture, oceanography, recreation, and forest products industries to protect the environment;

(E) Establish visitor destination areas with planning controls which shall include but not be limited to the number of rooms;

(F) Promote and foster the aquaculture industry of the State; and preserve and conserve productive aquacultural lands.

(6) Transportation.

(A) Encourage transportation systems in harmony with the lifestyle of the people and environment of the State;

(B) Adopt guidelines to alleviate environmental degradation caused by motor vehicles;

(C) Encourage public and private vehicles and transportation systems to conserve energy, reduce pollution emission, including noise, and provide safe and convenient accommodations for their users.

(7) Energy.

(A) Encourage the efficient use of energy resources.

(8) Community life and housing.

(A) Foster lifestyles compatible with the environment; preserve the variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods which reflect the culture and mores of the community;

(B) Develop communities which provide a sense of identity and social satisfaction in harmony with the environment and provide internal opportunities for shopping, employment, education, and recreation;

(C) Encourage the reduction of environmental pollution which may degrade a community;

(D) Foster safe, sanitary, and decent homes;

(E) Recognize community appearances as major economic and aesthetic assets of the counties and the State; encourage green belts, plantings, and landscape plans and designs in urban areas; and preserve and promote mountain-to-ocean vistas.

(9) Education and culture.

(A) Foster culture and the arts and promote their linkage to the enhancement of the environment;

(B) Encourage both formal and informal environmental education to all age groups.

(10) Citizen participation.

(A) Encourage all individuals in the State to adopt a moral ethic to respect the natural environment; to reduce waste and excessive consumption; and to fulfill the responsibility as trustees of the environment for the present and succeeding generations; and

(B) Provide for expanding citizen participation in the decision making process so it continually embraces more citizens and more issues. [L 1974, c 247, pt of §1; am L 1976, c 27, §2; am L 1985, c 76, §1; gen ch 1993]
Haw. Rev. Stat. § 340B-3.5 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-3.5
Wastewater treatment certification board special fund.
Status: in_force

(a) There is established in the state treasury a special fund to be known as the wastewater treatment certification board special fund. The following moneys collected by the board shall be deposited into the special fund:

(1) Registration fees for examinations;

(2) Renewal fees;

(3) Reciprocity fees; and

(4) Temporary certificates fees.

All interest earned or accrued on moneys deposited into the special fund shall become a part of the special fund.

(b) All moneys paid into the special fund shall be expended by the board to finance its operations. [L 1999, c 238, §1]
Haw. Rev. Stat. § 321-2.7 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-2.7
Preceptor credit assurance committee.
Status: in_force

(a) There is established the preceptor credit assurance committee within the department of health. The committee shall develop and implement a plan for certifying healthcare preceptor tax credits under section 235-110.25, including:

(1) Developing a process ensuring that requests for credit certification are reviewed and verifications are processed no later than thirty days following the close of each calendar year;

(2) Developing the documentation process for the committee to certify a preceptor for the tax credit; provided that the documentation to be collected shall include:

(A) The preceptor's name, address, place of practice, and Hawaii provider license number;

(B) Dates and hours of volunteer-based supervised clinical training rotation per eligible student;

(C) Attestation that the preceptor is uncompensated for the volunteer-based supervised clinical training rotation; and

(D) Other information deemed necessary by the committee.

(b) The committee shall be composed of representatives of:

(1) The Hawaii/Pacific basin area health education center;

(2) The center for nursing; and

(3) Academic programs with eligible students.

(c) Members of the committee shall be immune from civil liability for any official act, decision, or omission performed for the purpose for which the committee was established, except for any acts, decisions, or omissions that constitute gross negligence or wilful misconduct.

(d) The proceedings of the committee shall not be subject to part I of chapter 92.

(e) As used in this section, "academic program", "eligible student", "preceptor", and "volunteer-based supervised clinical training rotation" shall have the same meanings as in section 235-110.25. [L 2018, c 43, §3]
Haw. Rev. Stat. § 338-43 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-43
[OLD] REPEALED.
Status: in_force

L 1972, c 66, §1(6).

§338-43 Perjury. Any applicant or any person who gives or offers any false testimony, oral or written, under oath, in support or respect of any application for a certificate under section 338-41, shall be deemed guilty of perjury and shall be punishable accordingly. [L 1911, c 96, §2; RL 1925, §197; RL 1935, §7611; RL 1945, §12911; RL 1955, §57-44; HRS §338-44; ren L 1972, c 66, §1(6)]
Haw. Rev. Stat. § 325-76 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-76
Examinations for tuberculosis.
Status: in_force

(a) Examinations for tuberculosis required or recommended by the department of health, including skin tests, x-rays, and other tests as may be appropriate for tuberculosis control purposes, shall be provided by the department at no charge.

(b) If any person suspected of having communicable tuberculosis by the department of health refuses to complete the examinations ordered by the department after having been notified by the department that such examinations are necessary, any court of competent jurisdiction, upon application to the court by the department, may order the person to be examined in a manner and by a facility acceptable to the department of health. [L 1947, c 79, §1; RL 1955, §49-69; am L Sp 1959 2d, c 1, §19; HRS §325-76; am L 1986, c 117, §1]
Haw. Rev. Stat. § 342G-107 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-107
Management and financial audit.
Status: in_force

The auditor shall conduct a management and financial audit of the program for fiscal years 2004-2005 and 2005-2006, and for each fiscal year thereafter ending in an even-numbered year. The auditor shall submit the audit report, including the amount of unredeemed refund value and recommendations, to the legislature and the department no later than twenty days prior to the convening of [the] next regular session. The costs incurred by the auditor for the audit shall be reimbursed by the deposit beverage container program special fund. The auditor may contract the audit services of a third party to conduct the audit.
Haw. Rev. Stat. § 321H-5 — HI Code / Division 1 / Title 19 / Chapter 321H / Section 321H-5
Rules.
Status: in_force

The director may adopt rules under chapter 91 necessary to carry out this chapter.
Haw. Rev. Stat. § 329-21 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-21
Schedule V tests.
Status: in_force

A substance shall be placed in schedule V if it has a degree of danger or probable danger less than the substances listed in schedule IV according to the determination made pursuant to section 329-11.
Haw. Rev. Stat. § 329-19 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-19
Schedule IV tests.
Status: in_force

A substance shall be placed in schedule IV if the substance has a degree of danger or probable danger less than the substances listed in schedule III according to the determination made pursuant to section 329-11.
Haw. Rev. Stat. § 342B-49 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-49
Criminal penalties.
Status: in_force

(a) Any person who knowingly violates any applicable standards or limitations, any condition in a permit issued pursuant to this chapter, any order, any rule, or any fee or filing requirement, shall be punished by a fine of not more than $25,000 for each day of each violation or by imprisonment not to exceed five years, or both.

(b) Any person who knowingly makes any false statement, representation, or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any monitoring device or method required by the department to be maintained by the person pursuant to this chapter, or who fails to report as required by this chapter, shall be punished by a fine of not more than $25,000 for each day of each violation or by imprisonment for not more than two years, or both.

(c) Any person who negligently releases into the ambient air any hazardous air pollutant or extremely hazardous substance and who at the time negligently places another person in imminent danger of death or serious bodily injury shall be punished by a fine of not more than $25,000 for each day of each violation, or imprisonment for not more than one year, or both. If a conviction of any person under this subsection is for a violation committed after a first conviction of the person under this subsection, the maximum punishment shall be doubled with respect to both the fine and imprisonment.

(d) Any person who knowingly releases into the ambient air any hazardous air pollutant or extremely hazardous substance and who knows at the time that another person is thereby placed in imminent danger of death or serious bodily injury shall be punished by a fine of not more than $25,000 for each day of each violation, or imprisonment for not more than fifteen years, or both. Any organization which violates this subsection shall be subject to a fine of not more than $1,000,000. If a conviction of any person under this subsection is for a violation committed after a first conviction of the person under this subsection, the maximum punishment shall be doubled with respect to both the fine and imprisonment. [L 1992, c 240, pt of §1; am L 1993, c 208, §9]
Haw. Rev. Stat. § 327G-12 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-12
Effect of copy.
Status: in_force

A copy of an advance mental health care directive, revocation of an advance mental health care directive, or designation, revocation, withdrawal, or rescission of withdrawal of an agent has the same effect as the original.
Haw. Rev. Stat. § 342H-33 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-33
Appointment of masters.
Status: in_force

The director may appoint a master or masters to conduct investigations and hearings.
Haw. Rev. Stat. § 321-412 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-412
Indoor air quality program.
Status: in_force

There is established an indoor air quality program within the department. The department may place this program within any appropriate division.
Haw. Rev. Stat. § 321-21 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-21
Infectious wastes; management and disposal.
Status: in_force

The department of health shall adopt rules pursuant to chapter 91 for the management and disposal of infectious wastes generated by hospitals, clinics, other health care facilities, doctors' offices, dentists' offices, research laboratories, veterinary clinics, and other generators of infectious wastes. The rules shall include a definition of infectious wastes that clearly and objectively defines infectious wastes and specifies acceptable containers and other factors related to the identification, segregation, containment, and transportation of infectious wastes. Effective July 1, 1991, all generators of infectious wastes shall show proof that infectious wastes are being managed and disposed of according to departmental rules upon request of the department.
Haw. Rev. Stat. § 324-4 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-4
Penalty.
Status: in_force

Any person violating this part shall be guilty of a misdemeanor and fined not more than $500.
Haw. Rev. Stat. § 329D-10 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-10
Types of manufactured cannabis products.
Status: in_force

(a) The types of medical cannabis products that may be manufactured and distributed pursuant to this chapter shall be limited to:

(1) Capsules;

(2) Lozenges;

(3) Pills;

(4) Oils and oil extracts;

(5) Tinctures;

(6) Ointments and skin lotions;

(7) Transdermal patches;

(8) Pre-filled and sealed containers used to aerosolize and deliver cannabis orally or by inhalation, such as an inhaler, nebulizer, or device that provides safe pulmonary administration; provided that:

(A) Containers need not be manufactured by the licensed dispensary but shall be filled with cannabis, cannabis oils, or cannabis extracts manufactured by the licensed dispensary or purchased from another dispensary pursuant to section 329D-6(r); but shall not contain nicotine, tobacco-related products, or any other non-cannabis derived products; and

(B) For devices that provide safe pulmonary administration:

(i) The heating element of the device, if any, shall be made of inert materials such as glass, ceramic, or stainless steel, and not of plastic or rubber;

(ii) The device shall be distributed solely for use with single-use, pre-filled, tamper-resistant, sealed containers that do not contain nicotine or other tobacco products;

(iii) There shall be a temperature control on the device that is regulated to prevent the combustion of cannabis oil; and

(iv) The device need not be manufactured by the licensed dispensary;

(9) Pre-rolled cannabis flower products, as specified by the department;

(10) Edible cannabis products, as specified by the department; and

(11) Other products as specified by the department.

(b) As used in this section, "lozenge" means a small tablet manufactured in a manner to allow for the dissolving of its medicinal or therapeutic component slowly in the mouth.

(c) As used in this section, "edible cannabis products" means manufactured cannabis products intended for gastrointestinal administration of any cannabinoid extracted from the cannabis plant and regulated as manufactured cannabis products and not as a "drug" or "food" as defined and regulated in chapter 328, or as "bottled water" as defined and regulated in chapter 328D.

(d) Any medical cannabis product manufactured pursuant to this chapter shall be regulated and approved by the department and meet all requirements of rules adopted pursuant to this chapter; provided that the department shall establish requirements for child-resistant packaging and accurate and proper labeling. [L 2015, c 241, pt of §2; am L 2016, c 230, §17; am L 2017, c 170, §2; am L 2018, c 116, §27; am L 2020, c 38, §4; am L 2023, c 108, §5]
Haw. Rev. Stat. § 328-6 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-6
Prohibited acts.
Status: in_force

The following acts and the causing thereof within the State by any person are prohibited:

(1) The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

(2) The adulteration or misbranding of any food, drug, device, or cosmetic;

(3) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 328-11, 328-12, or 328-17;

(5) The dissemination of any false advertisement;

(6) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or copying of any record as authorized by section 328-23;

(7) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom the person received in good faith the food, drug, device, or cosmetic;

(8) The removal or disposal of a detained or embargoed article in violation of sections 328-25 to 328-27;

(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being adulterated or misbranded;

(10) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part or regulations adopted under the Federal Act;

(11) The use, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that an application with respect to the drug is effective under section 328-17, or that the drug complies with that section;

(12) The use by any person to the person's own advantage, or revealing other than to the department of health or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of section 328-11, 328-12, 328-17, or 328-23, concerning any method or process which as a trade secret is entitled to protection;

(13) In the case of a prescription drug distributed or offered for sale in this State, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner who makes written request for information as to the drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the Federal Act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this part;

(14) (A) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or

(B) Selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (A); or

(C) Making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device, or container thereof;

(15) Except as provided in part VI and section 461-1, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without express permission in each case of the person ordering or prescribing;

(16) The distribution in commerce of a consumer commodity as defined in this part, if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to this part and of rules adopted under authority of this part; provided that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:

(A) Are engaged in the packaging or labeling of such commodities; or

(B) Prescribe or specify by any means the manner in which such commodities are packaged or labeled;

(17) The selling or dispensing in restaurants, soda fountains, drive-ins, lunch wagons, or similar public eating establishments of imitation milk and imitation milk products in place of fresh milk and fresh milk products respectively; of liquid or dry products which simulate cream but do not comply with content requirements for cream in place of cream; of non-dairy frozen desserts which do not comply with content requirements for dairy frozen desserts in place of dairy frozen desserts; and of any other imitation food or one made in semblance of a genuine food in place of such genuine food, unless the consumer is notified by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements informing of such substitution, to include but not limited to the substitution of imitation milk in milk shake and malted milk drinks;

(18) Wilfully and falsely representing or using any devices, substances, methods, or treatment as effective in the diagnosis, cure, mitigation, treatment, or alleviation of cancer. This paragraph shall not apply to any person who depends exclusively upon prayer for healing in accordance with teachings of a bona fide religious sect, denomination, or organization, nor to a person who practices such teachings;

(19) The selling or offering for sale at any food facility which serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that is a confectionery which contains alcohol in excess of one-half of one per cent by weight unless the consumer is notified of that fact by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements;

(20) The sale to a person below the age of twenty-one years of any food which is a confectionery which contains alcohol in excess of one-half of one per cent by weight. [L 1941, c 318, §3; RL 1945, §2206; RL 1955, §51-6; am L 1959, c 24, §1; am L Sp 1959 2d, c 1, §19; am L 1967, c 152, §3; HRS §328-6; am L 1972, c 151, §3; am L 1976, c 31, §1 and c 129, §1; am L 1980, c 187, §2; am L 1988, c 402, §1; am L 1989, c 108, §1; am L 1997, c 214, §2; am L 2002, c 256, §3]
Haw. Rev. Stat. § 342G-111 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-111
Sales of beverages in deposit beverage containers; distributor report; fee and deposit payment.
Status: in_force

(a) By January 1, 2005, every deposit beverage distributor who pays a deposit to the department shall charge the dealer or consumer a deposit equal to the refund value for each deposit beverage container sold in Hawaii. The deposit charge may appear as a separate line item on the invoice.

(b) Each dealer shall charge the consumer the deposit beverage container deposit at the point of sale of the beverage, excluding sales for on-premises consumption. The deposit charge may appear as a separate line item on the invoice.

(c) Each deposit beverage distributor shall generate and submit to the department a monthly report on the net number of deposit beverage containers sold, donated, or transferred by container size and type. All information contained in the reports, including confidential commercial and financial information, shall be treated as confidential and protected to the extent allowed by state law.

(d) Payment of the deposit beverage container fee and deposits as described in section 342G-110 shall be made monthly based on reports of the deposit beverage distributors under subsection (c).

(e) Beginning January 1, 2005, a deposit beverage distributor who annually imports or manufactures one hundred thousand or fewer deposit beverage containers may submit reports and payments required under subsections (c) and (d) on a semi-annual basis; provided that the semi-annual report and payment period shall end on June 30 and December 31 of each year.

(f) The amount due from a deposit beverage distributor shall be the net number of deposit beverage containers sold multiplied by the sum of the prevailing deposit beverage container fee and the deposit value of 5 cents. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All reports and payments shall be made no later than the fifteenth day of the month following the end of the previous payment period.

(g) The department may allow dealers to charge customers the refund value beginning November 1, 2004; provided that the deposit beverage containers are clearly marked with the refund value and the deposit beverage distributor has paid the refund value on each container to the department. The dealer shall inform customers that the deposits paid prior to January 1, 2005, shall not be redeemable until January 1, 2005. [L 2002, c 176, pt of §2; am L 2004, c 241, §5; am L 2007, c 285, §5]
Haw. Rev. Stat. § 323D-80 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-80
License renewal.
Status: in_force

No license to operate a hospital may be issued or renewed by the department of health pursuant to this chapter, and a license which has been issued shall be subject to revocation or suspension, if:

(1) There is an acquisition of a hospital without first having received the approval of the agency under this part;

(2) There is an acquisition of a hospital without the approval of the attorney general, if the attorney general determines that a review of the application is appropriate under this part;

(3) There is an acquisition of a hospital and the attorney general disapproves the acquisition and there is a judicial determination that the acquisition is not in the public interest; or

(4) The hospital is not fulfilling its commitment under section 323D-77 or is not following procedures or safeguards required under section 323D-77(4).

This section does not limit the right to a hearing or the right of appeal for a hospital from such decision. [L 1998, c 257, pt of §1]
Haw. Rev. Stat. § 329-22 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-22
Schedule V.
Status: in_force

(a) The controlled substances listed in this section are included in schedule V.

(b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and

(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

(c) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.

(d) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (Other names: BRV; UCB-34714; Briviact) and its salts;

(2) Ganaxolone (3[alpha]-hydroxy-3[beta]-methyl-5[alpha]-pregnan-20-one);

(3) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide], (Vimpat);

(4) Lasmiditan (2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide); and

(5) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]. [L 1972, c 10, pt of §1; am L 1978, c 68, §6; am L 1985, c 150, §4; am L 2003, c 151, §6; am L 2008, c 119, §6; am L 2010, c 123, §4; am L 2017, c 155, §3; am L 2019, c 95, §1; am L 2021, c 233, §4; am L 2022, c 106, §4; am L 2023, c 162, §3]
Haw. Rev. Stat. § 321-403 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-403
Food safety control system.
Status: in_force

The department may conduct studies using the hazard analysis critical control points system after foodborne disease outbreak investigations are completed by the department or when requested by food service operators.
Haw. Rev. Stat. § 342J-14.5 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-14.5
Copy fee waiver.
Status: in_force

The fee chargeable under section 92-21 may be reduced or waived if the department determines that a waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefitting the general public.
Haw. Rev. Stat. § 328-16 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-16
Drugs limited to dispensing on prescription.
Status: in_force

(a) A prescription drug shall be dispensed only if its label bears the following:

(1) The name, business address, and telephone number of the seller. The business address shall be the physical location of the pharmacy or the dispensing practitioner's office;

(2) Except as otherwise authorized for expedited partner therapy in section 453-52 or an opioid antagonist in section 461-11.8, the name of the person for whom the drug was prescribed or the name of the owner of the animal for which the drug was prescribed;

(3) The serial number of the prescription;

(4) The date the prescription was prepared;

(5) The name of the practitioner if the seller is not the practitioner;

(6) The name, strength, and quantity of the drug;

(7) The "use by" date for the drug, which shall be:

(A) The expiration date on the manufacturer's container; or

(B) One year from the date the drug is dispensed,

whichever is earlier;

(8) The number of refills available, if any;

(9) In the case of the dispensing of an equivalent generic drug product, the statement "same as (brand name of the drug product prescribed or the referenced listed drug name)", or words of similar meaning;

(10) In the case of the dispensing of an interchangeable biological product, the statement "interchangeable with (brand name of the biological product prescribed or the referenced biological drug name)", or words of similar meaning; and

(11) Specific directions for the drug's use; provided that if the specific directions for use are too lengthy for inclusion on the label, the notation "take according to written instructions" may be used if separate written instructions for use are actually issued with the drug by the practitioner or the pharmacist, but in no event shall the notation "take as directed", referring to oral instructions, be considered acceptable.

If any prescription for a drug does not indicate the number of times it may be refilled, if any, the pharmacist shall not refill that prescription unless subsequently authorized to do so by the practitioner or pursuant to section 461-11.9. The act of dispensing a prescription drug other than a professional sample or medical oxygen contrary to this subsection shall be deemed to be an act that results in a drug being misbranded while held for sale.

(b) In addition to the requirements enumerated in subsection (a), a prescription drug shall be dispensed only:

(1) By a pharmacist pursuant to a valid prescription or section 453-52, 461-1, 461-11.8, or 461-11.9;

(2) By a medical oxygen distributor pursuant to a prescription or certificate of medical necessity; provided that the drug to be dispensed is medical oxygen; or

(3) By a practitioner to an ultimate user; provided that:

(A) Except as otherwise authorized for expedited partner therapy in section 453-52, the practitioner shall inform the patient, before dispensing any drug other than a professional sample, that the patient may have a written, orally ordered, or electronically transmitted or conveyed prescription directed to a pharmacy or a medical oxygen distributor of the patient's own choice;

(B) The practitioner shall promptly record in the practitioner's records:

(i) The prescription in full;

(ii) The name, strength, and quantity of the drug, and specific directions for the drug's use;

(iii) The date the drug was dispensed;

(iv) Except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, the name and address of the person for whom the drug was prescribed or the name of the owner of the animal for which the drug was prescribed; and

(v) Prescription drugs dispensed or prescribed for expedited partner therapy as authorized under section 453-52 or for an opioid antagonist in section 461-11.8;

(C) The records described in subparagraph (B) shall be subject to the inspection of the department or its agents at all times; and

(D) No undisclosed rebate, refund, commission, preference, discount, or other consideration, whether in the form of money or otherwise, has been offered to the practitioner as compensation or inducement to dispense or prescribe any specific drug in preference to other drugs that might be used for the identical therapeutic indication.

(c) A prescription may be communicated in writing, orally, or by electronic transmission , and shall include the following information:

(1) The authorization of the practitioner noted as follows:

(A) Written prescriptions shall include the original signature of the practitioner;

(B) Oral prescriptions shall be promptly recorded by the pharmacist or medical oxygen distributor and shall include the practitioner's oral code designation; and

(C) Electronic prescriptions shall be irrefutably traceable to the prescribing practitioner by a recognizable and unique practitioner identifier such as:

(i) A bitmap or graphic image of the prescriber's handwritten signature and the prescriber's oral code designation (or license number or other identifier if the prescriber is an out-of-state practitioner);

(ii) An electronic signature;

(iii) A digital signature; or

(iv) By other means as approved by the director;

(2) The date of issuance;

(3) The practitioner's name, business telephone number, and business address, unless the practitioner is otherwise uniquely identified and the pharmacy or medical oxygen distributor dispensing the prescription has the prescriber's contact information on file accessible within the dispensing area;

(4) The name, strength, and quantity of the drug to be dispensed, and specific directions for the drug's use;

(5) Except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, the name and address of the person for whom the prescription was written or the name of the owner of the animal for which the drug was prescribed, unless the pharmacy or medical oxygen distributor dispensing the prescription has the address on file accessible within the dispensing area;

(6) The room number and route of administration, if the patient is in an institutional facility; and

(7) The number of allowable refills, if the prescription is refillable. If the number of refills authorized by the practitioner is indicated using the terms "as needed" or "prn", the prescription may be refilled up to twelve months from the date the original prescription was written. After the twelve-month period, the "as needed" or "prn" prescription may be refilled for a subsequent three-month period; provided:

(A) The prescription is refilled only once during the three-month period;

(B) The refill does not exceed a thirty-day supply of the drug;

(C) T he refill does not provide any amount of the drug fifteen months beyond the date the original prescription was written;

(D) In the case of medical oxygen, the duration of therapy indicated on a certificate of medical necessity shall supersede any limitations or restrictions on refilling; and

(E) Subparagraphs (A) to (D) shall apply only to pharmacies and medical oxygen distributors practicing in the State.

(d) Any prescription may be refilled by the pharmacy and a prescription for medical oxygen may be refilled by the medical oxygen distributor if that refilling is authorized by the practitioner either:

(1) In the original prescription; or

(2) By oral or electronic order, which shall be promptly recorded and filed by the receiving pharmacist or medical oxygen distributor,

or the refilling is conducted pursuant to section 461-11.9.

(e) Prescription information may be transferred between pharmacies, between a pharmacy and a medical oxygen distributor, and between medical oxygen distributors for dispensing purposes; provided that:

(1) Medical oxygen distributors may communicate or receive prescription information related only to the dispensing of medical oxygen;

(2) The prescription information includes all elements of subsection (c)(2) to (7) and the following:

(A) Authentication of the transmitting pharmacy or medical oxygen distributor who is providing the prescription information including the following:

(i) The name of the pharmacist or medical oxygen distributor providing the information;

(ii) The name, telephone number, and address or location of the pharmacy or medical oxygen distributor firm providing the information; and

(iii) The serial number, prescription number, control number, or other unique identifier of the prescription record from which the information was transferred;

(B) The date the original prescription was issued;

(C) The date of the last refill; and

(D) The number of refills remaining.

(f) For the purposes of this section, a "prescription drug" is a drug intended for use by a person that:

(1) Is a habit forming drug to which section 328-15(4) applies;

(2) Because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner; or

(3) Is limited by an approved application under section 505 of the Federal Act, or section 328-17, to use under the professional supervision of a practitioner.

(g) Any drug other than medical oxygen dispensed pursuant to a prescription shall be exempt from the requirements of section 328-15 (except paragraphs (1), (9), (11), and (12), and the packaging requirements of paragraphs (7) and (8)), if the drug bears a label containing:

(1) The name and address of the pharmacy;

(2) The serial number and the date of the prescription or of its filling;

(3) The name of the practitioner;

(4) Except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, the name of the patient;

(5) The directions for use; and

(6) Any cautionary statements contained in the prescription.

This exemption shall not apply to any drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of subsection (a), (b), (c), or (d).

(h) The director of health, by rule, may remove drugs subject to sections 328-15(4) and 328-17 from the requirements of subsection (a), (b), (c), or (d) when such requirements are not necessary for the protection of the public health. Drugs removed from the prescription requirements of the Federal Act by regulations issued thereunder may also, by rules issued by the director, be removed from the requirements of subsection (a), (b), (c), or (d).

(i) A drug that is subject to subsections (a), (b), (c), and (d) shall be deemed to be misbranded if, at any time prior to dispensing, its label fails to bear the statement "Caution: Federal law prohibits dispensing without prescription", "Caution: State law prohibits dispensing without prescription", or "Rx only". A drug to which subsections (a), (b), (c), and (d) do not apply shall be deemed to be misbranded if, at any time prior to dispensing, its label bears a caution statement quoted in the preceding sentence.

(j) Nothing in this section shall be construed to relieve any person from any requirement, prescribed by or under authority of law with respect to drugs now included or that may hereafter be included within the classifications of controlled substances as defined in the applicable federal and state laws relating to controlled substances.

(k) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Oral code numbers or designations shall be issued by the department of public safety, pursuant to applicable laws and rules.

(k) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Oral code numbers or designations shall be issued by the department of law enforcement, pursuant to applicable laws and rules.

(l) Any person who transmits, maintains, or receives any prescription or prescription refill orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein. [L 1967, c 152, §10; HRS §328-16; am L 1972, c 151, §9; am L 1979, c 96, §1; am L 1982, c 87, §1; am L 1984, c 25, §1; am L 1994, c 172, §2; am L 1996, c 208, §2; am L 1997, c 214, §4 and c 215, §1; am L 2000, c 83, §2; am L 2001, c 124, §3; am L 2002, c 256, §4; am L 2003, c 56, §2; am L 2013, c 250, §4; am L 2016, c 242, §2; am L 2018, c 154, §4; am L 2022, c 278, §17; am L 2024, c 100, §3]
Haw. Rev. Stat. § 322-24 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-24
Service of notice.
Status: in_force

Service of the notice upon an owner in person, if within the State, or upon the owner's agent if without the State, or upon the occupant of the land if the owner is unknown, or upon the guardian if the owner is a minor or person under guardianship, or by mail or personal delivery to the owner if without the State, shall be deemed good and sufficient service. If the land is unoccupied and the owner or the owner's place of residence is unknown, or if the owner is without the State and the owner's address is unknown and the owner has no known agent within the State, or if the owner is under age or incompetent, having no guardian in the State, the notice shall be published for five consecutive days in some newspaper of general circulation published in the county where the land is situated. The notice in all cases may be general in terms and addressed to all persons whom it may concern.
Haw. Rev. Stat. § 321-503 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-503
Access to information.
Status: in_force

(a) Upon written request of the director, all providers of medical care or other related services and state and county agencies shall disclose to the department and to those individuals appointed by the director to participate in the mortality review of the death of a person with developmental or intellectual disabilities, adult death review information regarding the circumstances of the death of a person with developmental or intellectual disabilities to allow the department to conduct multidisciplinary and multiagency mortality review of deaths of persons with developmental or intellectual disabilities pursuant to section 321-31 and this part.

(b) To the extent that this section conflicts with other state confidentiality laws, this section shall prevail. [L 2012, c 162, pt of §1]
Haw. Rev. Stat. § 343-5.6 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-5.6
[ § 343-5.
Status: in_force

[ § 343-5.6] Affordable multi-family rental housing; redevelopment. Except as otherwise provided in chapter 201H or under federal law, permanently affordable multi-family rental housing projects that are being redeveloped pursuant to a special management area use permit issued under section 205A- 29.5 that are located on properties or districts on the Hawaii or national register of historic places shall be exempt from the requirements of this chapter.
Haw. Rev. Stat. § 321-342 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-342
Definitions.
Status: in_force

As used in this part:

"Child" means a person under eighteen years of age.

"Child death review information" means information regarding the child and child's family, including but not limited to:

(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.

"Director" means the director of health or the director's designated representatives.

"Family" means:

(1) Each legal parent;

(2) Each natural parent;

(3) The adjudicated, presumed, or concerned natural parent as defined under section 578-2;

(4) Each parent's spouse or former spouses;

(5) Each sibling or person related by consanguinity or marriage;

(6) Each person residing in the same dwelling unit; and

(7) Any other person who, or legal entity that, is a child's legal or physical custodian or guardian, or who is otherwise responsible for the child's care, other than an authorized agency that assumes such a legal status or relationship with the child under chapter 587A.

"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 1997, c 369, pt of §1; am L 2010, c 135, §7 ; am L 2023, c 160, §1]
Haw. Rev. Stat. § 342B-29 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-29
Fees.
Status: in_force

(a) The director shall establish fees for permits issued pursuant to this chapter to be paid by the applicant prior to the issuance of the permit and thereafter on a schedule established by the department.

(b) Fees for covered sources shall adequately cover the direct and indirect costs required to develop, support, and administer the permit program, including the reasonable costs of:

(1) Reviewing and acting upon any application for or renewal of a permit;

(2) Implementing and enforcing the terms and conditions of any permit, including legal support;

(3) Monitoring emissions and ambient air quality, including resources to audit and inspect source-operated monitoring programs at least once a year;

(4) Preparing generally applicable rules or guidance;

(5) Performing or reviewing modeling, analyses, and demonstrations;

(6) Preparing inventories and tracking emissions;

(7) Providing support to the small business assistance program; and

(8) Administering the fund.

(c) Fees for covered sources shall be based on the number of tons of regulated air pollutant, excluding carbon monoxide, allowed or emitted by the permitted source and shall not be less than $25 per ton per year.

(d) Unless changed by rules, fees for covered sources shall be changed in December of each year only by the percentage, if any, by which the consumer price index for that calendar year exceeds the consumer price index for the prior calendar year. The consumer price index for any calendar year is the average of the consumer price index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August31 of each calendar year.

(e) Nothing in the cost-per-ton fee provisions of subsections (c) and (d) shall restrict the director from assessing more or less than the amount determined under subsections (c) and (d) from any one covered source or any class or category of covered sources, as designated by the director; provided the department collects a total amount of fees sufficient to cover the costs of the permit program. [L 1992, c 240, pt of §1; am L 2009, c 42, §2]
Haw. Rev. Stat. § 329D-6 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-6
Dispensary operations.
Status: in_force

(a) No person shall operate a dispensary, or engage in the production, manufacture, or sale of cannabis or manufactured cannabis products, unless the person has obtained a license from the department pursuant to this chapter.

(b) No dispensary licensee, its officers, employees, or agents shall provide written certification for the use of medical cannabis or manufactured cannabis products for any person.

(c) No person under the age of twenty-one shall be employed by a dispensary licensee.

(d) Notwithstanding any other law to the contrary, including sections 378-2 and 378-2.5, dispensaries:

(1) Shall deny employment to any individual who has been:

(A) Convicted of murder in any degree;

(B) Convicted of a class A or class B felony; or

(C) Convicted of a class C felony involving trafficking, distributing, or promoting a schedule I or II controlled substance other than cannabis within the last ten years; and

(2) May deny employment to any individual who has been convicted of a class C felony involving:

(A) Fraud, deceit, misrepresentation, embezzlement, or theft; or

(B) Endangering the welfare of a minor.

Employment under this chapter shall be exempt from section 378-2(a)(1), as it relates to arrest and court record discrimination, and section 378-2.5.

(e) Retail dispensing locations shall not be open for retail sales before 8:00 a.m. or after 8:00 p.m., Hawaii-Aleutian Standard Time, Monday through Sunday.

(f) All dispensary facilities, including production centers and retail dispensing locations, shall be enclosed indoor facilities and shall maintain twenty-four hour security measures, including an alarm system, video monitoring and recording on the premises, and exterior lighting. A dispensary licensee that intends to utilize, as a production center, an enclosed indoor facility that includes a roof that is partially or completely transparent or translucent, as provided under section 329D-1, shall notify the department of that intention before altering or constructing the facility. Production centers shall remain locked at all times. Retail dispensing locations shall remain locked at all times, other than business hours as authorized by subsection (e), and shall only be opened for authorized persons.

(g) In all dispensary facilities, only the licensee, if an individual, registered employees of the dispensary licensee, registered employees of a subcontracted production center or retail dispensing location, employees of a certified laboratory for testing purposes, state employees authorized by the director of health, and law enforcement and other government officials acting in their official capacity shall be permitted to touch or handle any cannabis or manufactured cannabis products, except that a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may receive manufactured cannabis products at a retail dispensing location following completion of a sale.

(h) A dispensary shall provide the department with the address, tax map key number, and a copy of the premises lease, if applicable, of the proposed location of a production center allowed under a license for a county no later than thirty days before any medical cannabis or manufactured cannabis products being produced or manufactured at that production center.

(i) A dispensary shall provide the department with the address, tax map key number, and a copy of the premises lease, if applicable, of the proposed location of each retail dispensing location allowed under a license no less than sixty days before opening for business.

(j) The department shall establish, maintain, and control a computer software tracking system that shall have real time, twenty-four-hour access to the data of all dispensaries.

(1) The computer software tracking system shall collect data relating to:

(A) The total amount of cannabis in possession of all dispensaries from either seed or immature plant state, including all plants that are derived from cuttings or cloning, until the cannabis, cannabis plants, or manufactured cannabis product is sold or destroyed pursuant to section 329D-7;

(B) The total amount of manufactured cannabis product inventory, including the equivalent physical weight of cannabis that is used to manufacture manufactured cannabis products, purchased by a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient from all retail dispensing locations in the State in any fifteen-day period;

(C) The amount of waste produced by each plant at harvest; and

(D) The transport of cannabis and manufactured cannabis products between production centers and retail dispensing locations and as authorized by subsection (r), including tracking identification issued by the tracking system, the identity of the person transporting the cannabis or manufactured cannabis products, and the make, model, and license number of the vehicle being used for the transport;

(2) The procurement of the computer software tracking system established pursuant to this subsection shall be exempt from chapter 103D; provided that:

(A) The department shall publicly solicit at least three proposals for the computer software tracking system; and

(B) The selection of the computer software tracking system shall be approved by the director of the department and the chief information officer; and

(3) Notwithstanding any other provision of this subsection to the contrary, once the department has authorized a licensed dispensary to commence sales of cannabis or manufactured cannabis products, if the department's computer software tracking system is inoperable or is not functioning properly, as an alternative to requiring dispensaries to temporarily cease operations, the department may implement an alternate tracking system that will enable a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient to purchase cannabis or manufactured cannabis products from a licensed dispensary on a temporary basis. The department shall seek input regarding the alternate tracking system from medical cannabis licensees. The alternate tracking system may operate as follows:

(A) The department may immediately notify all licensed dispensaries that the computer software tracking system is inoperable; and

(B) Once the computer software tracking system is operational and functioning to meet the requirements of this subsection, the department may notify all licensed dispensaries, and the alternate tracking system in this subsection shall be discontinued.

(k) A dispensary licensed pursuant to this chapter shall purchase, operate, and maintain a computer software tracking system that shall:

(1) Interface with the department's computer software tracking system established pursuant to subsection (j);

(2) Allow each licensed dispensary's production center to submit to the department in real time, by automatic identification and data capture, all cannabis, cannabis plants, and manufactured cannabis product inventory in possession of that dispensary from either seed or immature plant state, including all plants that are derived from cuttings or cloning, until the cannabis or manufactured cannabis product is sold or destroyed pursuant to section 329D-7;

(3) Allow the licensed dispensary's retail dispensing location to submit to the department in real time for the total amount of cannabis and manufactured cannabis product purchased by a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient from the dispensary's retail dispensing locations in the State in any fifteen day period; provided that the software tracking system shall impose an automatic stopper in real time, which cannot be overridden, on any further purchases of cannabis or manufactured cannabis products, if the maximum allowable amount of cannabis has already been purchased for the applicable fifteen day period; provided further that additional purchases shall not be permitted until the next applicable period; and

(4) Allow the licensed dispensary to submit all data required by this subsection to the department and permit the department to access the data if the department's computer software tracking system is not functioning properly and sales are made pursuant to the alternate tracking system under subsection (j).

(l) No free samples of cannabis or manufactured cannabis products shall be provided at any time, and no consumption of cannabis or manufactured cannabis products shall be permitted on any dispensary premises.

(m) Except as authorized by subsection (r), a dispensary shall not transport cannabis or manufactured cannabis products to another county or another island; provided that this subsection shall not apply to the transportation of cannabis or any manufactured cannabis product solely for the purposes of laboratory testing pursuant to section 329D-8, and subject to subsection (j), if no certified laboratory is located in the county or on the island where the dispensary is located; provided further that a dispensary shall only transport samples of cannabis and manufactured cannabis products for laboratory testing for purposes of this subsection in an amount and manner prescribed by the department, in rules adopted pursuant to this chapter, and with the understanding that state law and its protections do not apply outside of the jurisdictional limits of the State.

(n) A dispensary shall be prohibited from off-premises delivery of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient.

(o) A dispensary shall not:

(1) Display cannabis or manufactured cannabis products in windows or in public view; or

(2) Post any signage other than one or two signs, each no greater than one thousand six hundred square inches bearing only the business or trade name in text without any pictures or illustrations; provided that if any applicable law or ordinance restricting outdoor signage is more restrictive, that law or ordinance shall govern.

(p) No cannabis or manufactured cannabis products shall be transported to, from, or within any federal fort or arsenal, national park or forest, any other federal enclave, or any other property possessed or occupied by the federal government.

(q) A dispensary licensed pursuant to this chapter shall be prohibited from providing written certification pursuant to section 329-122 for the use of medical cannabis for any person.

(r) A dispensary may purchase cannabis and manufactured cannabis products from another dispensary. The department shall authorize a dispensary to purchase cannabis and manufactured cannabis products from another dispensary in a manner prescribed by the department by rules adopted pursuant to section 329D-27; provided that:

(1) The selling dispensary may transport not more than eight hundred ounces, or other amounts with prior approval by the department, of cannabis or manufactured cannabis products to the purchasing dispensary within a thirty-day period; provided further that cannabis and manufactured cannabis products purchased pursuant to this section intended for:

(A) Direct retail sale to qualifying patients shall meet all applicable packaging, labeling, and testing requirements at the time of transport to the purchasing dispensary's production center or one of its retail dispensing locations; and

(B) Further manufacturing by the purchasing dispensary at the time of transportation shall be transported to the purchasing dispensary's production center;

(2) The cannabis and manufactured cannabis products are transported between the dispensaries for medical sales, scientific use, or other legitimate purposes approved by the State;

(3) The selling dispensary shall submit a transport manifest of the cannabis or manufactured cannabis products to be sold to the department before the sale is made, after which the selling dispensary may immediately proceed with the transfer of the cannabis or manufactured cannabis products; and

(4) Nothing in this subsection shall relieve any dispensary of its responsibilities and obligations under this chapter and chapter 329. [L 2015, c 241, pt of §2; am L 2016, c 230, §16; am L 2017, c 41, §6 and c 170, §2; am L 2018, c 116, §§14, 30; am L 2019, c 240, §3; am L 2022, c 309, §7; am L 2023, c 108, §3; am L 2024, c 172, §2; am L 2025, c 241, §8]
Haw. Rev. Stat. § 333E-2 — HI Code / Division 1 / Title 19 / Chapter 333E / Section 333E-2
Developmental disabilities, definitions.
Status: in_force

For the purposes of this chapter, the term "developmental disability" means a severe, chronic disability of a person which:

(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; self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic sufficiency; and

(5) Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized support, or other forms of assistance that are lifelong or extended duration and are individually planned and coordinated. An individual from birth to age nine, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described above, if the individual, without services and support, has a high probability of meeting those criteria later in life. [L 1975, c 198, §2; am L 1976, c 201, §1; am L 1979, c 180, pt of §1; am L 2001, c 175, §2]
Haw. Rev. Stat. § 342G-122 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-122
Advisory committee.
Status: in_force

The department shall convene an advisory committee to assist it in developing any rules needed to implement this chapter. The department shall select members of the committee so as to obtain input on the state level as well as assess the impact on each individual county, consumers, recyclers, and the beverage industry. Members of the committee shall be appointed by the director and shall serve at the director's pleasure. A simple majority of the committee members shall constitute a quorum for the purposes of recommending rules and providing input to the director.
Haw. Rev. Stat. § 321-12 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-12
Barbers, hairdressers, cosmeticians, cosmetologists, and beauticians.
Status: in_force

The department of health may prescribe rules and regulations which it deems necessary for the public health and safety relative to barbers, hairdressers, cosmeticians, cosmetologists, and beauticians, and the carrying on of their occupations.
Haw. Rev. Stat. § 321-237 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-237
Retention of relevant documentation.
Status: in_force

Notwithstanding any provision of this part or any other state or county law or ordinance to the contrary, the department shall maintain data repositories, charts, patient information, data submission, and epidemiology information for all emergency medical services statewide.
Haw. Rev. Stat. § 327-9 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-9
Who may make an anatomical gift of decedent's body or body part.
Status: in_force

(a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent's body or body part for purposes of transplantation, therapy, research, or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available:

(1) An agent of the decedent at the time of death who could have made an anatomical gift under section 327-4(2) immediately before the decedent's death;

(2) The spouse or reciprocal beneficiary of the decedent;

(3) Adult children of the decedent;

(4) Parents of the decedent;

(5) Adult siblings of the decedent;

(6) Adult grandchildren of the decedent;

(7) Grandparents of the decedent;

(8) An adult who exhibited special care and concern for the decedent;

(9) The persons who were acting as the guardian of the person of the decedent at the time of death; and

(10) Any other person having the authority to dispose of the decedent's body.

(b) If there is more than one member of a class listed in subsection (a)(l), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 327-11 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c) No person may make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.

(d) An anatomical gift may not be made if doing so is barred by section 327-7 or 327-8. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 334-2 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-2
Mental health system.
Status: in_force

The department of health shall foster and coordinate a comprehensive mental health system utilizing public and private resources to reduce the incidence of mental or emotional disorders and substance abuse, to treat and rehabilitate the victims in the least restrictive and most therapeutic environment possible, and to provide treatment and care for homeless individuals with serious and persistent mental health challenges to enable them to reside in a permanent dwelling unit or homeless facility, as defined in section 346-361. The department shall administer such programs, services, and facilities as may be provided by the State to promote, protect, preserve, care for, and improve the mental health of the people.
Haw. Rev. Stat. § 342D-4 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-4
Duties; rules.
Status: in_force

In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate water pollution in the State and may control all management practices for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution. In the discharge of this duty, the director may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.
Haw. Rev. Stat. § 329-20 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-20
Schedule IV.
Status: in_force

(a) The controlled substances listed in this section are included in schedule IV.

(b) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, esters, ethers, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation, that has a degree of danger or probable danger associated with a depressant effect on the central nervous system:

(1) Alprazolam;

(2) Barbital;

(3) Brexanolone;

(4) Bromazepam;

(5) Butorphanol;

(6) Camazepam;

(7) Carisoprodol;

(8) Chloral betaine;

(9) Chloral hydrate;

(10) Chlordiazepoxide;

(11) Clobazam;

(12) Clonazepam;

(13) Clorazepate;

(14) Clotiazepam;

(15) Cloxazolam;

(16) Daridorexant;

(17) Delorazepam;

(18) Diazepam;

(19) Dichloralphenazone (Midrin);

(20) Estazolam;

(21) Ethchlorvynol;

(22) Ethinamate;

(23) Ethyl loflazepate;

(24) Fludiazepam;

(25) Flunitrazepam;

(26) Flurazepam;

(27) Fospropofol (Lusedra);

(28) Halazepam;

(29) Haloxazolam;

(30) Ketazolam;

(31) Lemborexant ((1R,2S)-2-[(2,4-dimethylpyrimidin-5-yl)oxymethyl]-2-(3-fluorophenyl)-N-(5-fluoropyridin-2-yl)cyclopropane-1-carboxamide);

(32) Loprazolam;

(33) Lorazepam;

(34) Lormetazepam;

(35) Mebutamate;

(36) Medazepam;

(37) Meprobamate;

(38) Methohexital;

(39) Methylphenobarbital (mephorbarbital);

(40) Midazolam;

(41) Nimetazepam;

(42) Nitrazepam;

(43) Nordiazepam;

(44) Oxazepam;

(45) Oxazolam;

(46) Paraldehyde;

(47) Petrichloral;

(48) Phenobarbital;

(49) Pinazepam;

(50) Prazepam;

(51) Quazepam;

(52) Remimazolam;

(53) Suvorexant;

(54) Temazepam;

(55) Tetrazepam;

(56) Triazolam;

(57) Zaleplon;

(58) Zolpidem;

(59) Zopiclone (Lunesta); and

(60) Zuranolone.

(c) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Cathine ((+)-norpseudoephedrine);

(2) Diethylpropion;

(3) Fencamfamin;

(4) Fenproporex;

(5) Lorcaserin;

(6) Mazindol;

(7) Mefenorex;

(8) Modafinil;

(9) Pemoline (including organometallic complexes and chelates thereof);

(10) Phentermine;

(11) Pipradrol;

(12) Serdexmethylphenidate;

(13) Sibutramine;

(14) Solriamfetol; and

(15) SPA (1-dimethylamino-1,2-diphenylethane, lefetamine).

(d) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including its optical isomers and its salts, isomers, and salts of isomers:

(1) Pentazocine; and

(2) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid).

(e) The department of law enforcement may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) or any stimulant listed in subsection (c) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the degree of danger or probable danger of the substances which have a depressant or stimulant effect on the central nervous system.

(f) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

(1) Not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;

(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane); and

(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers (including tramadol). [L 1972, c 10, pt of §1; am L 1973, c 184, §1; am L 1974, c 217, §4; am L 1977, c 116, §3; am L 1978, c 68, §5; am L 1979, c 194, §3; am L 1980, c 140, §2; am L 1985, c 150, §3; am L 1987, c 203, §2; am L 1990, c 281, §10; am L 1993, c 9, §1; am L 1995, c 122, §4; am L 2000, c 98, §5; am L 2001, c 203, §5; am L 2002, c 165, §2; am L 2003, c 151, §5; am L 2006, c 171, §1; am L 2008, c 119, §5; am L 2010, c 123, §3; am L 2014, c 54, §3; am L 2015, c 195, §3; am L 2016, c 218, §4; am L 2021, c 233, §3; am L 2022, c 106, §3 and c 278, §17; am L 2023, c 162, §2; am L 2025, c 107, §3]
Haw. Rev. Stat. § 327-20 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-20
Donor registry.
Status: in_force

(a) The examiner of drivers shall adopt rules pursuant to chapter 91 to allow an organ procurement organization twenty-four-hour telephone access to the driver's license database information, solely for determining whether a driver has indicated a willingness to be an organ donor pursuant to section 286-109.5.

(b) The examiner of drivers shall cooperate with any donor registry that this State establishes, contracts for, or recognizes for transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.

(c) A donor registry shall:

(1) Provide a database that allows a donor or other person authorized under section 327-4 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;

(2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and

(3) Be accessible for purposes of paragraphs (1) and (2) seven-days-a-week on a twenty-four-hour basis.

(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or the person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.

(e) This section shall not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the State. However, the registry shall comply with subsections (c) and (d). [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 339K-1 — HI Code / Division 1 / Title 19 / Chapter 339K / Section 339K-1
Enactment of compact.
Status: in_force

The Northwest Interstate Compact on Low-Level Radioactive Waste Management is hereby enacted into law and entered into by the State of Hawaii as a party, and is in full force and effect between the State and any other state joining therein in accordance with the terms of the compact, which compact is substantially as follows:

ARTICLE I. POLICY AND PURPOSE

The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of low-level radioactive waste management.

ARTICLE II. DEFINITIONS

As used in this compact:

(a) "Facility" means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low-level waste, excluding federal waste facilities.

(b) "Low-level waste" means waste material which contains radioactive-nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than ten nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations;

(c) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever, which, as a part of its activities, produces low-level radioactive waste;

(d) "Host state" means a state in which a facility is located.

ARTICLE III. REGULATORY PRACTICES

Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state. Such practices shall include:

(a) Maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state;

(b) Periodic unannounced inspection of the premises of such generators and the waste management activities thereon;

(c) Authorization of the containers in which such waste may be shipped, and a requirement that generators use only that type of container authorized by the state;

(d) Assurance that inspection of the carriers which transport such waste are conducted by proper authorities, and appropriate enforcement action taken for violations;

(e) After receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, the party state will take appropriate action to assure that such violations do not recur. Such action may include inspection of every individual low-level waste shipment by that generator.

Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this article. Nothing in this article shall be construed to limit any party state's authority to impose additional or more stringent standards on generators or carriers than those required under this article.

ARTICLE IV. REGIONAL FACILITIES

(a) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of their own low-level waste, shall accept low-level waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations.

(b) After July1, 1983, no facility located in any party state may accept low-level waste generated outside of the region comprised of the party states, except as provided in article V.

(c) Until such time as paragraph (b) of article IV takes effect, facilities located in any party state may accept low-level waste generated outside of any of the party states only if such waste is accompanied by a certificate of compliance issued by an official of the state in which such waste shipment originated. Such certificate shall be in such form as may be required by the host state, and shall contain at least the following:

(1) The generator's name and address;

(2) A description of the contents of the low-level waste container;

(3) A statement that the low-level waste being shipped has been inspected by the official who issued the certificate or by his agent or by a representative of the United States nuclear regulatory commission, and found to have been packaged in compliance with applicable federal regulations and such additional requirements as may be imposed by the host state;

(4) A binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of such waste during shipment or after such waste reaches the facility.

(d) Each party state shall cooperate with the other party states in determining the appropriate site of any facility that might be required within the region comprised of the party states, in order to maximize public health and safety while minimizing the use of any one party state as the host of such facilities on a permanent basis. Each party state further agrees that decisions regarding low-level waste management facilities in their region will be reached through a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received.

(e) The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the State of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and Idaho which host hazardous chemical waste disposal facilities will allow access to such facilities by generators within other party states. Nothing in this compact shall be construed to prevent any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure of such facilities, so long as such action by a host state is applied equally to all generators within the region comprised of the party states.

(f) Any host state may establish a schedule of fees and requirements related to its facility, to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding.

ARTICLE V. NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE

The governor of each party state shall designate one official of that state as the person responsible for administration of this compact. The officials so designated shall together comprise the Northwest low-level waste compact committee. The committee shall meet as required to consider matters arising under this compact. The officials shall inform the committee of existing regulations concerning low-level waste management in their states, and shall afford all other officials a reasonable opportunity to review and comment upon any proposed modification in such regulations. Notwithstanding any provision of article IV to the contrary, the committee may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region comprised of the party states, for access to facilities on such terms and conditions as the committee may deem appropriate. However, it shall require a two-thirds vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.

ARTICLE VI. ELIGIBLE PARTIES AND EFFECTIVE DATE

(a) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enactment into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval.

(b) After the compact has initially taken effect pursuant to paragraph (a) of this article, any eligible party state may become a party to this compact by the execution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July1, 1983, whichever, occurs first, unless the compact has by then been enacted as a statute by that state.

(c) This compact shall take effect upon consent by congress. As provided in Public Law 96-573, congress may withdraw its consent to the compact after every five year period.

ARTICLE VII. SEVERABILITY

If any provision of this compact, or its application to any person or circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid; and to this end the provisions of this compact are severable. [L 1982, c 234, pt of §1]
Haw. Rev. Stat. § 321-11 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11
Subjects of health rules, generally.
Status: in_force

The department of health pursuant to chapter 91 may adopt rules that it deems necessary for the public health and safety respecting:

(1) Nuisances, foul or noxious odors, gases, vapors, waters in which mosquitoes breed or may breed, sources of filth, and causes of sickness or disease, within the respective districts of the State, and on board any vessel;

(2) Adulteration and misbranding of food or drugs;

(3) Location, air space, ventilation, sanitation, drainage, sewage disposal, and other health conditions of buildings, courts, construction projects, excavations, pools, watercourses, areas, and alleys. For purposes of this paragraph, "pool" means a watertight artificial structure containing a body of water that does not exchange water with any other body of water, either naturally or mechanically, and is used for swimming, diving, recreational bathing, or therapy by humans;

(4) Privy vaults and cesspools;

(5) Fish and fishing;

(6) Interments and dead bodies;

(7) Disinterments of dead human bodies, including the exposing, disturbing, or removing of these bodies from their place of burial, or the opening, removing, or disturbing after due interment of any receptacle, coffin, or container holding human remains or a dead human body or a part thereof and the issuance and terms of permits for the aforesaid disinterments of dead human bodies;

(8) Cemeteries and burying grounds;

(9) Laundries, and the laundering, sanitation, and sterilization of articles including linen and uniforms used by or in the following businesses and professions: barber shops, manicure shops, beauty parlors, electrology shops, restaurants, soda fountains, hotels, rooming and boarding houses, bakeries, butcher shops, public bathhouses, midwives, masseurs, and others in similar calling, public or private hospitals, and canneries and bottling works where foods or beverages are canned or bottled for public consumption or sale; provided that nothing in this chapter shall be construed as authorizing the prohibiting of laundering, sanitation, and sterilization by those conducting any of these businesses or professions where the laundering or sterilization is done in an efficient and sanitary manner;

(10) Hospitals, freestanding surgical outpatient facilities, skilled nursing facilities, intermediate care facilities, adult residential care homes, adult foster homes, assisted living facilities, special treatment facilities and programs, home health agencies, home care agencies, hospices, freestanding birthing facilities, adult day health centers, independent group residences, and therapeutic living programs, but excluding youth shelter facilities unless clinical treatment of mental, emotional, or physical disease or handicap is a part of the routine program or constitutes the main purpose of the facility, as defined in section 346-16 under "child caring institution". For the purpose of this paragraph, "adult foster home" has the same meaning as provided in section 321-11.2;

(11) Hotels, rooming houses, lodging houses, apartment houses, tenements, and residences for persons with developmental disabilities including those built under federal funding;

(12) Laboratories;

(13) Any place or building where noisome or noxious trades or manufacturing is carried on, or intended to be carried on;

(14) Milk;

(15) Poisons and hazardous substances, the latter term including any substance or mixture of substances that:

(A) Is corrosive;

(B) Is an irritant;

(C) Is a strong sensitizer;

(D) Is inflammable; or

(E) Generates pressure through decomposition, heat, or other means,

if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;

(16) Pig and duck ranches;

(17) Places of business, industry, employment, and commerce, and the processes, materials, tools, machinery, and methods of work done therein; and places of public gathering, recreation, or entertainment;

(18) Any restaurant, theater, market, stand, shop, store, factory, building, wagon, vehicle, or place where any food, drug, or cosmetic is manufactured, compounded, processed, extracted, prepared, stored, distributed, sold, offered for sale, or offered for human consumption or use;

(19) Foods, drugs, and cosmetics, and the manufacture, compounding, processing, extracting, preparing, storing, selling, and offering for sale, consumption, or use of any food, drug, or cosmetic;

(20) Device as defined in section 328-1;

(21) Sources of ionizing radiation;

(22) Medical examination, vaccination, revaccination, and immunization of school children. No child shall be subjected to medical examination, vaccination, revaccination, or immunization, whose parent or guardian objects in writing thereto on grounds that the requirements are not in accordance with the religious tenets of an established church of which the parent or guardian is a member or adherent, but no objection shall be recognized when, in the opinion of the department, there is danger of an epidemic from any communicable disease;

(23) Disinsectization of aircraft entering or within the State as may be necessary to prevent the introduction, transmission, or spread of disease or the introduction or spread of any insect or other vector of significance to health;

(24) Fumigation, including the process by which substances emit or liberate gases, fumes, or vapors that may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the department, may be lethal, poisonous, noxious, or dangerous to human life;

(25) Ambulances and ambulance equipment;

(26) Development, review, approval, or disapproval of management plans submitted pursuant to the Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519; and

(27) Development, review, approval, or disapproval of an accreditation program for specially trained persons pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-550.

The department of health may require any certificates, permits, or licenses that it may deem necessary to adequately regulate the conditions or businesses referred to in this section. [PC 1869, c 59, §§4 to 6; am L 1905, c 42, §1; am L 1911, c 132, §2; am L 1913, c 63, §1; am L 1919, c 235, §1; RL 1925, §912; am L 1933, c 73, §1; RL 1935, pt of §§904 and 1130; am L 1937, c 122, §4 and c 197, §1; am L 1941, c 18, §1; RL 1945, §2015; am L 1945, c 116, §1(b); am L 1949, c 71, §1; am L 1951, c 18, §3, c 64, §1, and c 181, §1; am L 1953, c 32, §1; RL 1955, §46-13; am L 1957, c 153, §1; am L Sp 1959 2d, c 1, §19; am L 1963, c 150, §1; HRS §321-11; am L 1969, c 134, §1; am L 1973, c 5, §1; am L 1978, c 7, §1; am L 1980, c 239, §3; am L 1981, c 84, §1; am L 1985, c 272, §4; am L 1986, c 37, §1, c 178, §2, and c 328, §1; am L 1987, c 334, §1; am L 1988, c 194, §2; am L 1989, c 223, §1; am L 1990, c 285, §5; am L 1992, c 15, §1; am L 1995, c 87, §2; am L 1997, c 219, §1 and c 220, §2; am L Sp 2009, c 21, §§3, 8; am L 2014, c 125, §2; am L 2019, c 158, §2; am L 2022, c 86, §1]
Haw. Rev. Stat. § 342D-15 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-15
Nonliability of department personnel.
Status: in_force

Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342D-14.
Haw. Rev. Stat. § 334-60.6 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-60.6
Period of detention.
Status: in_force

The psychiatric facility may detain a subject for a period of time ordered by the court not to exceed ninety days from date of admission unless sooner discharged by the facility pursuant to section 334-76 or section 334-74. At the end of the ninety-day period the subject shall be discharged automatically except as provided in sections 704-406, 704-411, and 706-607, unless before expiration of the period and by a proceeding initiated pursuant to section 334-60.3 the facility obtains a court order for the subject's recommitment. Recommitment for a period not to exceed ninety days may not be ordered unless the court determines that the criteria for involuntary hospitalization set forth in section 334-60.2 continue to exist. If at the end of a recommitment period the court finds that the criteria for involuntary hospitalization set forth in section 334-60.2 continue to exist and are likely to continue beyond ninety days, the court may order recommitment for a period not to exceed one hundred eighty days.

Nothing in this section shall preclude a facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60.1, a patient, for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired, or where the patient is no longer a proper subject for commitment. [L 1984, c 188, pt of §3; gen ch 1985; am L 1988, c 44, §1]
Haw. Rev. Stat. § 342P-33 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-33
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 asbestos or lead abatement that are not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to asbestos or lead abatement shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1991, c 219, pt of §1; am L 1998, c 242, §16]
Haw. Rev. Stat. § 323F-10.6 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-10.6
Peer review and credentialing.
Status: in_force

Peer review activities shall be subject to chapters 663 and 671D and all other provisions and restrictions of medical peer review committees established by state law.
Haw. Rev. Stat. § 339-9 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-9
Enforcement powers.
Status: in_force

All law enforcement officers and personnel authorized to carry out the provisions of this chapter may issue citations for violations of this chapter or any of the rules adopted hereunder. [L Sp 1977 1st, c 2, pt of §2]
Haw. Rev. Stat. § 323D-13.5 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-13.5
Disqualification from position or membership.
Status: in_force

The chairpersons of the statewide council, the subarea health planning councils and the review panel, shall not be employed by or married to health care providers.
Haw. Rev. Stat. § 322-23 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-23
Notice to owners to improve.
Status: in_force

The comptroller upon the receipt of the notice shall cause a copy of the same to be served in the manner prescribed in section 322-24 upon the owner or occupant of the land. The comptroller shall also notify each owner or occupant that a detailed statement and map or plan of the proposed improvement is on file in the comptroller's office accessible to the owner or occupant. The comptroller shall at the same time and in the same manner serve notice that, in case of failure to begin work upon the improvements within twenty days, or such further time in special cases as to the comptroller may seem reasonable, and to complete such work within a reasonable time in the notice designated, such work or so much thereof as may remain undone will be done by the State at the cost of the lands benefited thereby.
Haw. Rev. Stat. § 339D-30 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-30
Collector reporting requirements.
Status: in_force

By March 31, 2024, and annually thereafter, each collector shall report to the department the weight of all electronic devices collected for recycling and for reuse in the previous year. Reports shall be submitted on forms prescribed by the department and shall indicate the name of the recycler and weight of electronic devices sent to each recycler, and the name of the refurbisher and the number of and weight of electronic devices that were reused. Upon request, the department may require submission of bills of lading and recycler receiving reports for shipments to recyclers.
Haw. Rev. Stat. § 342D-85 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-85
Revolving fund; deposits.
Status: in_force

The following may be deposited into the revolving fund:

(1) Federal capitalization grant funds and other federal grants, loans, or appropriations;

(2) Appropriations by the legislature to the revolving fund;

(3) Payments of principal and interest and other amounts made by eligible parties pursuant to loans or other agreements entered into with the director pursuant to this part; provided that if the loans were financed by proceeds of revenue bonds of the director, the deposit of the payments into the revolving fund shall be subject to the rights of the holders of the bonds to receive the moneys;

(4) Fees for loans and other items under section 342D-86;

(5) Proceeds of revenue bonds issued by the director for the purpose of providing financial assistance to eligible parties;

(6) Moneys paid to the revolving fund as a result of court ordered awards of judgments;

(7) Moneys paid to the revolving fund in court-approved or out-of-court settlements;

(8) All interest attributable to investment of moneys deposited in the revolving fund; and

(9) All moneys allotted or directed to the revolving fund from other sources. [L 1997, c 221, pt of §1; am L 2002, c 132, §8]
Haw. Rev. Stat. § 324-24 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-24
Penalty.
Status: in_force

Any person violating this part shall be guilty of a violation.
Haw. Rev. Stat. § 342E-4 — HI Code / Division 1 / Title 19 / Chapter 342E / Section 342E-4
Civil penalties.
Status: in_force

(a) Any person who violates any rule adopted under this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.

(b) Any person who denies, obstructs, or hampers the entrance to and inspection by any duly authorized officer or employee of the department of any building, place, or vehicle shall be fined not more than $5,000 for each day of such a denial, obstruction, or hampering. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.

(c) Any fine or penalty collected shall be placed in the environmental response revolving fund pursuant to [section] 128D-2. [L 1993, c 345, pt of §2]
Haw. Rev. Stat. § 338-5 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-5
Compulsory registration of births.
Status: in_force

Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the local agent of the department in the district in which the birth occurred, by the administrator or designated representative of the birthing facility, or physician, or midwife, or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents.

The birth facility shall make available to the department appropriate medical records for the purpose of monitoring compliance with the provisions of this chapter. [L 1949, c 327, §9; RL 1955, §57-8; am L Sp 1959 2d, c 1, §19; HRS §338-5; am L 1988, c 149, §1]
Haw. Rev. Stat. § 340E-4.8 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-4.8
Water catchment systems.
Status: in_force

(a) The department shall establish a program to conduct annual testing of water from water catchment systems for lead and copper. Any resident residing in a legal dwelling which relies on a water catchment system for the resident's water needs shall be eligible to participate in the program, subject to the department's procedures and guidelines and the availability of program funds. Residents shall utilize a certified private analytical laboratory specified by the department or the department may conduct the tests. Participating residents shall pay $25 for the tests and the department shall cover the remainder of the testing cost. One set of tests a year for each legal dwelling may be requested under this program.

(b) The department shall establish procedures and guidelines for the testing which shall:

(1) Identify sampling and analytical protocols;

(2) Specify report and notice requirements; and

(3) Determine participation eligibility procedures and requirements.

(c) The department shall establish a nonregulatory program that provides technical assistance to any resident residing in a legal dwelling which relies on a water catchment system for the resident's water needs for the purpose of improving water quality in that system. To the extent practicable, the department shall assist the resident by recommending practical and affordable methods to improve water quality, based on the specific design and conditions of the water catchment system. [L 1997, c 218, pt of §3]
Haw. Rev. Stat. § 328-16.5 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-16.5
Prescription labeling.
Status: in_force

(a) A practitioner or the practitioner's authorized representative shall:

(1) Offer to the consumer the option of having the symptom or condition for which a drug is being prescribed listed on the consumer's prescription drug label; and

(2) Inform the consumer of the consumer's right to not have the symptom or condition listed on the prescription drug label.

(b) The symptom or condition shall not appear on the prescription drug label if the consumer refuses.

(c) Instructions for including the symptom or condition on the consumer's prescription drug label shall be written by the practitioner on the prescription.

(d) The symptom or condition shall be printed on the prescription drug label only if it is written on the prescription as part of the directions for use. Any symptom or condition written on a prescription that is not part of the directions for use shall not be printed on the prescription drug label. [L 1995, c 206, §1]
Haw. Rev. Stat. § 328J-4 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-4
Prohibition in enclosed or partially enclosed places of employment.
Status: in_force

Smoking shall be prohibited in all enclosed or partially enclosed areas of places of employment.
Haw. Rev. Stat. § 334-7 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-7
Donations or grants to department.
Status: in_force

The department of health is authorized to accept donations or grants from individuals and other agencies, public and private, to further the purposes of the mental health program. The donations or grants shall in fact be used for the mental health program and for the intended purpose, if specified.
Haw. Rev. Stat. § 329D-19.5 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-19.5
Unlicensed operation of a dispensary; criminal penalty.
Status: in_force

(a) No person shall intentionally, knowingly, or recklessly operate a dispensary without a license issued by the department pursuant to this chapter.

(b) No person shall intentionally, knowingly, or recklessly operate any search platform, web hosting service, social media platform, or other service that posts information advertising the sale of cannabis or manufactured cannabis products by a person or entity engaged in the production, manufacture, or sale of cannabis and manufactured cannabis products without a license issued by the department pursuant to this chapter.

(c) The department shall issue a cease and desist notice to any person who violates subsections (a) or (b); provided that the department shall issue the cease and desist notice before initiating any criminal proceedings.

(d) Any person who violates subsection (a) shall be guilty of a class C felony. Any person who violates subsection (b) shall be guilty of a misdemeanor.

(e) It shall be an affirmative defense to subsection (b) that the person operating any search platform, web hosting service, social media platform, or other service that posts information advertising the sale of cannabis or manufactured cannabis products had requested, examined, and reasonably relied upon a license that appeared to have been issued by the department that was shown to the person by the unlicensed person or unlicensed entity engaged in the production, manufacture, or sale of cannabis or manufactured cannabis products establishing that the unlicensed person or unlicensed entity was licensed by the department to engage in the production, manufacture, or sale of cannabis or manufactured cannabis products pursuant to this chapter. The failure of the person operating any search platform, web hosting service, social media platform, or other service that posts information advertising the sale of cannabis and manufactured cannabis products to request and examine a license issued by the department from the unlicensed person or unlicensed entity engaged in the production, manufacture, or sale of cannabis or manufactured cannabis products before providing access to any search platform, web hosting service, social media platform, or other service that posts information advertising the sale of cannabis and manufactured cannabis products shall be construed against the person operating the search platform, web hosting service, social media platform, or other service that posts information advertising the sale of cannabis and manufactured cannabis products and form a conclusive basis for the person's violation of this section.

(f) This section shall not apply to:

(1) Hemp processors or hemp product retailers with a valid permit under chapter 328G; or

(2) Primary caregivers registered under chapter 329 who are acting within the scope of their registration . [L 2025, c 241, §11]
Haw. Rev. Stat. § 342L-32.5 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-32.5
Delivery, deposit, and acceptance prohibition.
Status: in_force

No person shall deliver to, deposit into, or accept a regulated substance into an underground storage tank regulated under this chapter at a facility that has been identified by the department to be ineligible for such delivery, deposit, or acceptance. The delivery prohibition may go into effect at a facility before a hearing is conducted by the director.
Haw. Rev. Stat. § 334-3 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-3
Functions of department in mental health.
Status: in_force

(a) The department of health within the limits of available funds within the designated programs, shall promote and provide for the establishment and operation of a community-based mental health system responsive to the needs of persons of all ages, ethnic groups, and geographical areas of the State, reflective of an appropriate distribution of resources and services, and monitored and evaluated in terms of standards, goal attainment, and outcomes. The elements of the system shall be defined by departmental rules recognizing the need for at least the following services:

(1) Informational and educational services to the general public and to lay and professional groups;

(2) Collaborative and cooperative services with public and private agencies and groups for the prevention and treatment of mental or emotional disorders and substance abuse and rehabilitation of patients;

(3) Consultation services to the judiciary, to educational institutions, and to health and welfare agencies;

(4) Case management, outreach, and follow-up services;

(5) Emergency crisis and noncrisis intervention services accessible to all residents;

(6) Community-based, relevant, and responsive outpatient services;

(7) Community residential care comprising a comprehensive range of small, homelike, and appropriately staffed treatment and rehabilitation facilities;

(8) Short-term psychiatric treatment, preferably in facilities where access to other health and medical services are readily available;

( 9) Intensive psychiatric treatment for patients in need of long-term, highly structured, or highly specialized care and treatment under section 334-2.5, and provision of appropriate community resources;

(10) Training programs, activities, and staffing standards for the major mental health disciplines and ancillary services; and

(11) Rehabilitative services for hospital and community-based individuals who have experienced short- or long-term mental or emotional disorders and substance abuse.

(b) The department shall revise, refine, and develop the system to ensure optimal responsiveness to the many and varied needs of the people of the State. The development of the system shall be based on an annual statewide comprehensive integrated service plan that is the cumulative result of comprehensive integrated service area planning within each county. The statewide plan shall determine the specific content of the department of health budget for the mental health system.

(c) The department shall specifically:

(1) Perform statewide assessments of the need for prevention, treatment, and rehabilitation services in the areas of mental or emotional disorders and substance abuse;

(2) Adopt rules pursuant to chapter 91 for establishing the number and boundaries of the geographical service areas for the delivery of services in the areas of mental or emotional disorders and substance abuse. The department shall periodically review the effectiveness of the geographical service areas in promoting accessibility and continuity of appropriate care to all residents of that geographical area;

(3) Appoint a service area administrator in each county who shall be responsible for the development, delivery, and coordination of services in that area;

(4) Ensure statewide and community-based planning for the ongoing development and coordination of the service delivery system as guided by needs assessment data and performance related information;

(5) Establish standards and rules for psychiatric facilities and their licensing, where applicable;

(6) Establish standards and rules for services in the areas of mental health and substance abuse treatment, including assurances of the provision of minimum levels of accessible service to persons of all ages, ethnic groups, and geographical areas in the State;

(7) Ensure community involvement in determining the service delivery arrangements appropriate to each community of the State;

(8) Cooperate with public and private health, education, and human service groups, agencies, and institutions in establishing a coordinated system to meet the needs of persons with mental or emotional disorders and substance abuse difficulties;

(9) Evaluate and monitor all services in the fields of mental health and substance abuse where services are supported fully or in part by state resources;

(10) Promote and conduct research, demonstration projects, and studies concerned with the nature, prevention, intervention, and consequences of mental or emotional disorders and substance abuse;

(11) Keep records, statistical data, and other information as may be necessary in carrying out the functions of the mental health system and this chapter;

(12) Advocate patients' rights in all psychiatric facilities in the State and investigate any grievances submitted to the department by any patient in a psychiatric facility, except as provided in section 334E-2(d). The department shall establish rules and procedures for the purpose of this paragraph within one year after January 1, 1985, and post the rules in a conspicuous manner and accessible place;

(13) Promote and conduct a systematic program of accountability for all services provided, funds expended, and activities carried out under its direction or support in accordance with sound business, management, and scientific principles;

(14) Coordinate mental health resources in each county of the State by the development and presentation of a comprehensive integrated service area plan developed by the service area administrator in conjunction with the service area board. The service area administrator and the service area board, in collaboration with private and public agencies serving their population, shall submit recommendations for the statewide comprehensive integrated service plan, including needs assessment, program planning, resource development, priorities for funding, monitoring, and accountability activities;

(15) Oversee and coordinate service area programs and provide necessary administrative and technical assistance to assist service area programs in meeting their program objectives;

(16) Provide staffing to the state council and service area boards to assist in the performance of their functions; and

(17) Establish standards and rules for the designation of mental health emergency workers. [L 1967, c 259, pt of §1; HRS §334-3; am L 1982, c 200, §2; am L 1984, c 218, §3; am L 1985, c 6, §2; am L 1999, c 119, §3; am L 2004, c 79, §2; am L 2024, c 86, §4]