Haw. Rev. Stat. § 329-16 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-16
Schedule II.
Status: in_force

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

(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxegol, naloxone, and naltrexone, and their respective salts, but including the following:

(A) Raw opium;

(B) Opium extracts;

(C) Opium fluid;

(D) Powdered opium;

(E) Granulated opium;

(F) Codeine;

(G) Ethylmorphine;

(H) Etorphine hydrochloride;

(I) Hydrocodone;

(J) Hydromorphone;

(K) Metopon;

(L) Morphine;

(M) Oxycodone;

(N) Oxymorphone;

(O) Thebaine;

(P) Dihydroetorphine;

(Q) Oripavine; and

(R) Tincture of opium;

(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium;

(3) Opium poppy and poppy straw;

(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocanized coca leaves or extractions which do not contain cocaine or ecgonine; cocaine or any salt or isomer thereof; and

(5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy).

(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Alfentanil;

(2) Alphaprodine;

(3) Anileridine;

(4) Bezitramide;

(5) Bulk Dextropropoxyphene (nondosage form);

(6) Carfentanil;

(7) Dihydrocodeine;

(8) Diphenoxylate;

(9) Fentanyl;

(10) Isomethadone;

(11) Levo-alphacetylmethadol (LAAM);

(12) Levomethorphan;

(13) Levorphanol;

(14) Metazocine;

(15) Methadone;

(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

(17) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;

(18) Oliceridine, including the free base form, and its salts, to include the fumarate salt, by definition;

(19) Pethidine (Meperidine);

(20) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(21) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(22) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(23) Phenazocine;

(24) Piminodine;

(25) Racemethorphan;

(26) Racemorphan;

(27) Remifentanil;

(28) Sufentanil;

(29) Tapentadol; and

(30) Thiafentanil.

(d) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Amobarbital;

(2) Glutethimide;

(3) Pentobarbital;

(4) Phencyclidine;

(5) Secobarbital.

(e) Stimulants. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a danger or probable danger associated with a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(2) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;

(3) Phenmetrazine and its salts;

(4) Methylphenidate; and

(5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.

(f) Immediate precursor. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances:

(1) Immediate precursor to amphetamine and methamphetamine:

(A) Phenylacetone, phenyl-2-propanone (P2P), benzyl methyl ketone, methyl benzyl ketone;

(2) Immediate precursors to phencyclidine (PCP):

(A) 1-phenylcyclohexylamine; or

(B) 1-piperidinocyclohexanecarbonitrile (PCC); or

(3) Immediate precursor to fentanyl:

(A) 4-anilino-N-phenethylpiperidine (ANPP); or

(B) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl).

(g) Hallucinogenic substances, unless listed in another schedule, shall include:

(1) Nabilone; and

(2) Dronabinol (-)-delta-9-trans tetrahydrocannabinol in an oral solution in a drug product approved for marketing by the United States Food and Drug Administration. [L 1972, c 10, pt of §1 and am c 114, §2(2); am L 1974, c 217, §2; am L 1975, c 26, §1; am L 1978, c 68, §3; am L 1979, c 194, §2; am L 1981, c 125, §§1, 2; am L 1984, c 166, §2; am L 1985, c 150, §2; am L 1987, c 203, §1; am L 1988, c 59, §2; am L 1990, c 138, §4; am L 1991, c 159, §7; am L 1995, c 122, §2; am L 1997, c 356, §2; am L 2000, c 98, §§2, 3; am L 2001, c 203, §3; am L 2002, c 165, §1; am L 2003, c 151, §3; am L 2008, c 119, §4; am L 2009, c 117, §§1, 2; am L 2010, c 123, §2; am L 2011, c 73, §2; am L 2012, c 29, §2; am L 2013, c 48, §2; am L 2017, c 155, §2; am L 2018, c 152, §1 and c 190, §2; am L 2021, c 233, §2; am L 2022, c 106, §2; am L 2025, c 107, §2]
Haw. Rev. Stat. § 321-382 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-382
Fees.
Status: in_force

The director may establish fees by rules pursuant to chapter 91.
Haw. Rev. Stat. § 321C-6 — HI Code / Division 1 / Title 19 / Chapter 321C / Section 321C-6
Office of language access; established.
Status: in_force

There is established within the department of health, for administrative purposes only, the office of language access. The head of the office shall be known as the executive director of the office of language access. The executive director shall be appointed by the governor without regard to chapter 76. The executive director shall:

(1) Provide oversight, central coordination, and technical assistance to state agencies in their implementation of language access requirements under this chapter or under any other law, regulation, or guidance;

(2) Provide technical assistance to covered entities in their implementation of this chapter;

(3) Review and monitor each state agency's language access plan for compliance with this chapter;

(4) Where reasonable access is not provided, endeavor to eliminate the language access barrier using informal methods, including conference, conciliation, mediation, or persuasion. Where the language access barrier cannot be eliminated by informal methods, the executive director shall submit a written report with the executive director's opinion and recommendation to the state agency or the covered entity. The executive director may request the state agency or the covered entity to notify the executive director, within a specified time, of any action taken on the executive director's recommendation;

(5) Consult with language access coordinators, the language access advisory council, and state department directors or their equivalent;

(6) Subject to section 321C-3, create, distribute to the State, and make available to covered entities, multilingual signage in the more frequently encountered languages in the State, and other languages as needed, informing individuals of their right to free oral language services and inviting them to identify themselves as persons needing services;

(7) Adopt rules pursuant to chapter 91 to address the language needs of limited English proficient persons;

(8) Administer a statewide language access resource center that shall:

(A) Maintain a publicly available roster of language interpreters and translators, listing their qualifications and credentials based upon guidelines established by the office of language access in consultation with the language access advisory council;

(B) Train state and state-funded agencies on how to effectively obtain and utilize the services of language interpreters and translators;

(C) Support the recruitment and retention of language interpreters and translators providing services to state and state-funded agencies;

(D) Provide, coordinate, and publicize training opportunities to increase the number and availability of qualified language interpreters and translators and further develop their language interpretation and translation skills; and

(E) Work toward identifying or creating a process to test and certify language interpreters and translators and promote use of the process to ensure the quality and accuracy of the language interpretation and translation services; and

(9) Have the authority to hire personnel necessary to staff the statewide language access resource center and to administer its multilingual website. The staff, at a minimum, shall consist of one full-time project coordinator, three full-time program specialists, and one full-time clerk. To the extent possible, the executive director shall hire bilingual personnel to staff the statewide language access resource center and to administer its website. [L 2012, c 201, pt of §2; am L 2013, c 217, §3, pt of §4]

Revision Note
Haw. Rev. Stat. § 325-16 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-16
Informed consent for testing or disclosure.
Status: in_force

(a) A health care provider may subject a person ' s body fluids or tissue to a test for the presence of human immunodeficiency virus infection after:

(1) Orally explaining to the person that certain personalized test results are maintained by the department of health, according to strict confidentiality protocols established by law;

(2) Orally advising the person that free and anonymous human immunodeficiency virus testing is available through the department of health and certain community agencies;

(3) Providing the person reasonable opportunity to decline the test; and

(4) Receiving the person's express oral consent to the test.

A health care provider may, for the purpose of obtaining consent to the test and in lieu of the oral-consent procedure specified in this subsection, use a written form that, at a minimum, provides equivalent information to that prescribed by paragraphs [(1) and (2)]; provided that the health care provider shall allow the person reasonable opportunity to decline consent by declining to sign the form.

(b) No blood bank, plasma center, or any other public or private agency, institution or individual (except a health care provider acting pursuant to subsections (a) or (c)), may subject a person's body fluids or tissue to a test for the presence of human immunodeficiency virus infection unless the subject of the test:

(1) Provides informed written consent pursuant to the standards in section 671-3 to the testing; and

(2) Is afforded the opportunity to receive human immunodeficiency virus pre-test counseling by the party ordering or requesting that the test be performed;

provided that the person tested shall be provided with the test results by the blood bank, plasma center, agency, institution, or individual subjecting the person to the test. The opportunity to receive counseling shall be afforded both prior to obtaining a sample for human immunodeficiency virus testing, and upon disclosure of the test results, regardless of the serostatus of the individual tested, except that testing conducted pursuant to subsection (c)(1) and (2) shall be exempted from the counseling requirements of this subsection.

(c) Consent to testing is not required for any of the following:

(1) A health care provider or organ donor center that procures, processes, distributes, or uses human body parts donated for scientific purposes, without obtaining consent, may test for the presence of human immunodeficiency virus to assure medical acceptability of the gift for the purpose intended;

(2) The department of health, laboratories and research facilities, health care providers, blood banks, plasma centers, and educational institutions may subject any body fluids or tissue to be used in research to a test for human immunodeficiency virus infection if the test is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher;

(3) Anonymous testing carried out at human immunodeficiency virus test sites established by the department of health; provided that informed oral consent is obtained;

(4) Testing of body fluids or tissue ordered by a third party, so long as that third party, including an insurance company, employer, or school, obtains the informed written consent of the person to be tested authorizing the release of the test results to the third party, and transmits a signed copy of the written informed consent to the health care provider prior to any release of the requested test results to the third party. The health care provider shall provide all positive and indeterminate human immunodeficiency virus test results and offer post-test counseling to those individuals with positive and indeterminate human immunodeficiency virus test results;

(5) Informed consent is not required where the patient is unable to give consent and it is determined by the patient's treating physician that the patient's human immunodeficiency virus status is necessary to make a diagnosis or determine an appropriate course of treatment for the patient. The patient shall be informed in a timely manner that a test for the presence of human immunodeficiency virus has been performed pursuant to this paragraph, and the health care provider shall provide all positive and indeterminate human immunodeficiency virus test results and offer appropriate post-test counseling to those individuals with positive and indeterminate human immunodeficiency virus test results;

(6) A treating physician may order a human immunodeficiency virus test without the patient's informed consent if the physician has determined that the patient is incapable of giving consent prior to the rendering of treatment and when there is reason to believe that the safety of a health care worker may be affected due to exposure to the blood or bodily fluids of a patient suspected of possible human immunodeficiency virus infection. The availability and quality of health care services shall not be compromised based on the findings and testing performed pursuant to this paragraph. The costs of any testing performed shall be borne by the health care provider and may not be claimed against the patient or the patient's health care insurer. The patient and the health care worker shall be informed in a timely manner that a test for the presence of human immunodeficiency virus has been performed pursuant to the provisions of this paragraph. T he health care provider shall provide all positive and indeterminate human immunodeficiency virus test results and offer appropriate post-test counseling to the individual being tested and afford the health care worker the opportunity to obtain the test results and appropriate post-test counseling ;

(7) A person who has been charged, or a juvenile who has been charged, pursuant to section 707-730, 707-731, 707-732(1)(a), 707-733.6, or 707-741 shall be tested to determine the person's human immunodeficiency virus status upon court order issued pursuant to section 325-16.5. The test shall be performed according to the protocols set forth in section 325-17; and

(8) A person who has been convicted, or a juvenile who has been adjudicated, pursuant to section 707-730, 707-731, 707-732(1)(a), 707-733.6, or 707-741 shall be tested to determine the person's human immunodeficiency virus status upon court order issued pursuant to section 325-16.5. The test shall be performed according to the protocols set forth in section 325-17.

(d) The confidentiality of all records held pursuant to this section is governed by section 325-101.

(e) Any person or institution who wilfully violates any provision of this section shall be fined not less than $1,000 nor more than $10,000 for each violation plus reasonable court costs and attorney's fees as determined by the court, which penalty and costs shall be paid to the person whose records were released. This subsection shall not be construed as limiting the right of any person or persons to recover actual damages.

(f) The department of health shall make available to health care providers current information on accessing anonymous human immunodeficiency virus testing for the purpose of providing that information to patients.

(g) The department may adopt rules, pursuant to chapter 91, to establish procedures and standards to implement this section.

(h) As used in this section, " health care provider " means a physician or surgeon licensed under chapter 453, a podiatrist licensed under chapter 463E, a health care facility as defined in section 323D-2, and their employees. "Health care provider" shall not mean any nursing institution or nursing service conducted by and for those who rely upon treatment by spiritual means through prayer alone, or employees of such an institution or service. [L 1987, c 308, §1; am L 1988, c 192, §1; am L 1989, c 376, §1 and c 377, §3; am L 1998, c 238, §3; am L 2002, c 238, §2; am L 2006, c 60, §2; am L 2009, c 116, §2]
Haw. Rev. Stat. § 342F-13 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-13
Appeal.
Status: in_force

If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction.
Haw. Rev. Stat. § 321-325 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-325
Agreements.
Status: in_force

In carrying out the purposes of this part the director of health may:

(1) Enter into agreements with the United States and with other state departments, agencies, and political subdivisions, and enter into assistance agreements for services with profit organizations incorporated under the laws of the State or nonprofit organizations determined to be exempt from the federal income tax by the Internal Revenue Service, and allocate and expend any funds appropriated for the purposes of such agreements and do all things necessary to accomplish the purposes and provisions of this part; and

(2) Establish standards and review procedures to assure that recipients of state funding provide the services and facilities necessary to accomplish the purposes for which the funds are provided. [L 1988, c 203, pt of §1]
Haw. Rev. Stat. § 330-8 — HI Code / Division 1 / Title 19 / Chapter 330 / Section 330-8
Use of certain chemical substances as inhalants unlawful.
Status: in_force

It shall be unlawful for any person to use as an inhalant any substance, not a "food" as defined in section 328-1, which substance includes in its composition volatile organic solvents including amylacetate, trichloroethylene, and acetone or any other chemical substance, capable of producing upon inhalation any degree of intoxication; provided that this section shall not apply to any person using as an inhalant any such chemical substance pursuant to the direction of a physician.
Haw. Rev. Stat. § 323D-52 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-52
Letters of intent.
Status: in_force

Persons proposing construction projects shall submit to the state agency letters of intent in such detail as may be necessary to inform the agency of the scope and nature of the projects at the earliest possible opportunity in the course of planning of such construction projects.
Haw. Rev. Stat. § 329-33 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-33
Registration.
Status: in_force

(a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety shall register an applicant to manufacture, dispense, prescribe, distribute, or conduct reverse distribution with controlled substances included in sections 329-14, 329-16, 329-18, 329-20, and 329-22 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the department of public safety shall consider the following factors:

(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;

(2) Compliance with applicable state and local law;

(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

(4) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;

(5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;

(6) Suspension, revocation, or surrender of the applicant's federal registration to manufacture, distribute, prescribe, or dispense controlled substances as authorized by federal law; and

(7) Any other factor relevant to and consistent with the public health and safety.

(a) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement shall register an applicant to manufacture, dispense, prescribe, distribute, or conduct reverse distribution with controlled substances included in sections 329-14, 329-16, 329-18, 329-20, and 329-22 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the department of law enforcement shall consider the following factors:

(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;

(2) Compliance with applicable state and local law;

(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

(4) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;

(5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;

(6) Suspension, revocation, or surrender of the applicant's federal registration to manufacture, distribute, prescribe, or dispense controlled substances as authorized by federal law; and

(7) Any other factor relevant to and consistent with the public health and safety.

(b) Registration under subsection (a) does not entitle a registrant to manufacture, dispense, prescribe, and distribute controlled substances in schedule I or II other than those specified in the registration.

(c) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Practitioners shall be registered to dispense or to prescribe any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to dispense or to prescribe or conduct research under the law of this State. The department of public safety need not require separate registration under this part for practitioners engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this part in another capacity. Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this State upon furnishing the department of public safety evidence of that federal registration.

(c) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Practitioners shall be registered to dispense or to prescribe any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to dispense or to prescribe or conduct research under the law of this State. The department of law enforcement need not require separate registration under this part for practitioners engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this part in another capacity. Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this State upon furnishing the department of law enforcement evidence of that federal registration.

(d) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this chapter. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2009, c 117, §4; am L 2016, c 218, §8; am L 2022, c 278, §17]
Haw. Rev. Stat. § 339D-28 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-28
[ §339D-28] Collector registration.
Status: in_force

[ §339D-28] Collector registration. (a) By January 1, 2023, each collector shall register with the department, using forms prescribed by the department, and pay to the department a registration fee of $250. Thereafter, if a collector has not previously registered with the department, the collector shall register with the department prior to accepting electronic devices. A registration shall be valid until December 31 of each year.

(b) By January 1 of each year, each collector shall submit an annual renewal of its registration with the payment of a registration fee of $250. [L 2022, c 151, pt of §1]
Haw. Rev. Stat. § 329D-24 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-24
Cultivation of medical cannabis by qualifying patients and primary caregivers.
Status: in_force

Nothing in this chapter shall be construed as prohibiting a qualifying patient or primary caregiver from cultivating or possessing an adequate supply of medical cannabis pursuant to part IX of chapter 329.

A qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient shall not be authorized to cultivate cannabis. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §21]
Haw. Rev. Stat. § 342F-7 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-7
Enforcement.
Status: in_force

(a) If the director determines that any person has violated or is violating this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, the director:

(1) Shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the alleged violation and may contain an order specifying a reasonable time during which that person shall be required to take any measures that may be necessary to correct the violation and to give periodic progress reports;

(2) May require that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice and answer the charges complained of; and

(3) May impose penalties as provided in section 342F-11 by sending a notice in writing, either by certified mail or by personal service, to the alleged violator or violators describing the violation.

(b) If the director determines that any person is continuing to violate this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter after having been served notice of violation, the director:

(1) Shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the alleged violation and shall contain an order requiring that person to submit a written schedule within thirty days specifying the measures to be taken and the time within which the measures shall be taken to bring that person into compliance with this chapter, any rule adopted pursuant to this chapter, or the conditions of a permit or variance issued pursuant to this chapter;

(2) Shall accept or modify the submitted schedule within thirty days of receipt of the schedule. Any schedule not acted upon after thirty days of receipt by the director shall be deemed accepted by the director;

(3) Shall issue to the alleged violator or violators a cease and desist order against the activities that violate this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter if that person does not submit a written schedule to the director within thirty days. This order shall remain in effect until the director accepts the written schedule; and

(4) May impose penalties as provided in section 342F-11 by sending a notice in writing, either by certified mail or by personal service, to the alleged violator or violators describing the violation.

(c) If the director determines that any person has violated the provisions of an accepted schedule or has violated an order issued under this section the director shall impose penalties by sending a notice in writing, either by certified mail or by personal service, to that person, describing such nonadherence or violation with reasonable particularity.

(d) Any order issued under this chapter shall become final, unless no later than twenty days after the notice of order is served, the person or persons named therein request in writing a hearing before the director. Any penalty imposed under this chapter shall become due and payable twenty days after the notice of penalty is served unless the person or persons named therein request in writing a hearing before the director. Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice and answer the charges complained of.

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

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

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

(1) Notice was given;

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

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid.

(g) In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties. [L 1989, c 212, pt of §3; am L 1990, c 298, §5; am L 1995, c 180, §16]
Haw. Rev. Stat. § 325-116 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-116
Reports.
Status: in_force

The department, on or before January 1 of each year, shall submit a report to the sterile needle exchange program oversight committee. The report shall include:

(1) Information as to the number of syringe exchange participants served, the number of needles and syringes distributed, and the number of used needles and syringes collected;

(2) A demographic profile of the syringe exchange participants served, including but not limited to: age, sex, ethnicity, area of residence, occupation, types of drugs used, length of drug use, and frequency of injection;

(3) Impact of the program on needle and syringe sharing and other high-risk behavior;

(4) Data on syringe exchange participants regarding human immunodeficiency virus (HIV) testing, counseling, drug treatment, and other social services, including referrals for HIV testing and counseling and for substance use disorder treatment;

(5) Impact on the transmission of HIV infection among injection drug users;

(6) Impact on behaviors that caused syringe exchange participants to be at risk for HIV transmission such as frequency of drug use and needle sharing;

(7) An assessment of the cost-effectiveness of the program versus direct and indirect costs of HIV infection; and

(8) Information on the percentage of persons served through treatment programs for injection drug users funded through the department that were attributed to needle exchange referrals.

The report shall address the strengths and weaknesses of the program, the advisability of its continuation, amendments to the law, if appropriate, and other matters that may be helpful to the oversight committee in evaluating the program's efficacy. [L 1992, c 152, pt of §2; am L 2025, c 106, §5]
Haw. Rev. Stat. § 325-20 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-20
Agreements; collaborative assistance in control of disease outbreaks.
Status: in_force

(a) The director may enter into agreements for collaborative assistance with licensed health care facilities and health care providers in the State to control an epidemic of a dangerous disease, which requires more physical facilities, materials, or personnel than the department has available.

(b) Whenever used in this section, unless a different meaning clearly appears from the context:

"Dangerous disease" means any illness or health condition that might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability.

"Department" means the department of health.

"Director" means the director of health.

"Epidemic" means the occurrence of cases of an illness clearly in excess of normal expectancy, as determined by the director.

"Health care facility" means a facility as defined in section 323D-2.

"Health care provider" means a provider as defined in section 323D-2.

(c) Under collaborative agreements, health care facilities or health care providers shall provide prophylactic and treatment services for the epidemic disease in collaboration with and under the general direction of the department and shall seek reimbursement from the individuals who receive medical care, the parties responsible for their care, or their health plans. Persons having health plan benefits shall be responsible for any copayments to the facilities or health care providers.

(d) The agreements may provide that the department shall use reasonable efforts to seek legislative appropriations to reimburse health care facilities and health care providers for the use of physical facilities, professional services, and materials provided to persons without health plan coverage.

(e) Except in cases of wilful misconduct, the following persons shall not be liable for the death of or injury to any person who is provided care pursuant to this section or for damage to property when resulting from any act or omission in the performance of such services:

(1) The State or any political subdivision;

(2) A health care facility or health care provider acting at the direction of the department under an agreement as provided in this section; and

(3) Persons engaged in disease prevention and control functions pursuant to this section or sections 325-8 and 325-9, including volunteers whose services are accepted by any authorized person. [L 2002, c 169, §2]
Haw. Rev. Stat. § 342L-20 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-20
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 underground storage tanks or tank systems that are governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to underground storage tanks or tank systems shall be void and of no effect if inconsistent with a rule of the department upon the adoption thereof. [L 1989, c 212, pt of §6; am L 1992, c 259, §19]
Haw. Rev. Stat. § 323D-79 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-79
Public interest.
Status: in_force

The attorney general shall have the authority to ensure compliance with commitments made pursuant to section 323D-77.
Haw. Rev. Stat. § 342G-43 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-43
Reporting.
Status: in_force

(a) Each state agency that conducts its own procurement activities shall annually submit information and data to the office regarding:

(1) The agency's progress in developing procurement programs;

(2) The total amount of paper purchased during the year; and

(3) The amount of recycled goods purchased during the year compared to nonrecycled counterparts.

If an agency is unable to supply this information, the agency shall describe what steps it is taking to obtain this information in the future.

(b) At the request of the office, each county shall provide a similar report. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 321-425 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-425
Requests for information.
Status: in_force

The department shall provide information about appropriate health and early intervention services to persons who request the information.
Haw. Rev. Stat. § 334E-5 — HI Code / Division 1 / Title 19 / Chapter 334E / Section 334E-5
Penalty for obstruction.
Status: in_force

A person who wilfully hinders the lawful actions of the department of health pursuant to an investigation carried out under section 334E-2(c), or wilfully refuses to comply with its lawful demands, may be fined up to $1,000.
Haw. Rev. Stat. § 321-353 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-353
Hawaii early intervention coordinating council; establishment.
Status: in_force

(a) There is established within the department for administrative purposes the Hawaii early intervention coordinating council. Members shall be appointed for three-year terms by the governor without the necessity of the advice and consent of the senate. The council shall comprise twenty-five members as follows:

(1) At least twenty per cent of the members shall be parents of infants or toddlers with special needs, or children with special needs aged twelve years or younger, with knowledge of, or experience with, programs for infants and toddlers with special needs; provided that at least one parent shall be a parent of an infant or toddler with special needs, or of a child with special needs aged six years or younger;

(2) At least twenty per cent of the members shall be public or private providers of early intervention services;

(3) Two members shall be from the legislature, of which one member shall be selected by the president of the senate and one member shall be selected by the speaker of the house of representatives;

(4) One member shall be involved in personnel preparation;

(5) One member shall be from the department of health program involved in the provision of, or payment for, early intervention services to infants and toddlers with special needs and their families who has sufficient authority to engage in policy planning and implementation on behalf of the program;

(6) One member shall be from the department of health program responsible for children’s mental health;

(7) One member shall be from the department of education program responsible for preschool services to children with disabilities who has sufficient authority to engage in policy planning and implementation on behalf of the program;

(8) One member shall be from the department of education program responsible for the coordination of education of homeless children and youths;

(9) One member shall be from the department of human services program responsible for the state medicaid program;

(10) One member shall be from the department of human services program responsible for child care;

(11) One member shall be from the department of human services program responsible for foster care;

(12) One member shall be from the department of commerce and consumer affairs program responsible for state regulation of health insurance;

(13) One member shall be from a Head Start or Early Head Start agency or program in the State; and

(14) Other members involved in or interested in services to infants and toddlers with special needs and their families who are selected by the governor.

Any vacancy on the council shall be filled in the same manner in which the original position was filled.

(b) The council shall elect its officers, and thirteen members shall constitute a quorum. Members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. No member shall cast a vote on any matter that is likely to provide a direct financial benefit to that member or otherwise give the appearance of a conflict of interest. No member from an executive or administrative department under chapter 26 may serve as the chairperson of the council.

(c) The council shall meet at least quarterly and in such places as it deems necessary. The meetings shall be publicly announced, and be open and accessible to the general public.

(d) The council shall perform the following functions:

(1) Advise and assist the director in the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements;

(2) Advise and assist the department in the preparation of applications and amendments thereto;

(3) Advise and assist the department of education regarding the transition of toddlers with special needs to preschool and other appropriate services; and

(4) Prepare and submit an annual report to the governor on the status of early intervention programs for infants and toddlers with special needs and their families within the State. [L 1989, c 107, pt of §2; am L 1996, c 298, §3; am L 2012, c 96, §1]
Haw. Rev. Stat. § 328L-5 — HI Code / Division 1 / Title 19 / Chapter 328L / Section 328L-5
Hawaii tobacco prevention and control trust fund.
Status: in_force

(a) There is established the Hawaii tobacco prevention and control trust fund as a separate fund of a nonprofit entity having a board of directors and qualifying under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, into which shall be deposited moneys received as provided under section 328L-2(b)(2). The director of health with the concurrence of the governor, shall select, in accordance with law, the entity based upon the proven record of accomplishment of the entity in administering a similar trust fund.

(b) Notwithstanding that the Hawaii tobacco prevention and control trust fund is established within a private entity, the department of budget and finance shall have oversight authority over the fund and may make periodic financial audits of the fund; provided that the director of finance may contract with a certified public accountancy firm for this purpose. The director of health with the concurrence of the governor in their sole discretion may rescind the selection of the entity. If the selection of the entity [is] rescinded, moneys in the trust fund shall revert back to the State and shall be deemed to be trust moneys.

(c) The entity selected under subsection (a), for each fiscal year, may expend up to fifty per cent of the total market value of the Hawaii tobacco prevention and control trust fund on the preceding June 30, for tobacco prevention and control, including but not limited to, reducing cigarette smoking and tobacco use among youth and adults through education and enforcement activities, and controlling and preventing chronic diseases where tobacco is a risk factor.

(d) The Hawaii tobacco prevention and control trust fund may receive appropriations, contributions, grants, endowments, or gifts in cash or otherwise from any source, including the State, corporations or other businesses, foundations, government, individuals, and other interested parties; provided that any appropriations made by the State shall not supplant or diminish the funding of existing tobacco prevention and control programs or any health related programs funded in whole or in part by the State.

(e) The assets of the Hawaii tobacco prevention and control trust fund shall consist of:

(1) Moneys appropriated under section 328L-2(b)(2);

(2) Moneys appropriated to the Hawaii tobacco prevention and control trust fund by the state, county, or federal government;

(3) Private contributions of cash or property; and

(4) Income and capital gains earned by the trust fund.

(f) The aggregate principal sum deposited in the Hawaii tobacco prevention and control trust fund shall be invested by the entity selected under subsection (a) in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.

(g) If the entity selected under subsection (a) is dissolved, the director of health, with the concurrence of the governor, shall select a successor entity. If the Hawaii tobacco prevention and control trust fund is terminated, the moneys remaining in the trust fund shall revert back to the State and shall be deemed to be trust moneys.

(h) The administration of the Hawaii tobacco prevention and control trust fund shall be advised by the tobacco prevention and control advisory board created under section 328L-6. [L 1999, c 304, pt of §2; am L Sp 2001 3d, c 14, §3; am L 2015, c 118, §3]
Haw. Rev. Stat. § 321-474 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-474
Exception.
Status: in_force

Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state or county law enforcement agency.
Haw. Rev. Stat. § 321-37 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-37
Child abuse and neglect secondary prevention programs.
Status: in_force

The department may provide secondary prevention programs which contain a continuum of services starting from before birth and ending in education for the adult parenting responsibility. The types of programs to be provided may include but need not be limited to, prenatal, perinatal bonding, interaction with infants, support for parents of infants in need of extra services, home visitor programs, mutual aid programs, child screening for early identification and remediation of social and health problems, and education for parenthood.
Haw. Rev. Stat. § 323D-44.7 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-44.7
Monitoring of approved certificates of need.
Status: in_force

The state agency may monitor implementation of approved certificates of need granted by the agency.
Haw. Rev. Stat. § 342D-90 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-90
Revenue bonds; amount issued.
Status: in_force

The director may include the costs of undertaking, administering, operating, and maintaining the water pollution control loan programs for which the bonds are issued in determining the principal amount of bonds to be issued. In determining the cost of undertaking, administering, operating, and maintaining the loan programs, the director may include the cost of studies and surveys; insurance premiums; underwriting fees; financial consultants, legal, accounting, and other services incurred; reserve account, trustee, custodian, and rating agency fees; and interest on the bonds for a period not to exceed one year beyond the estimated completion of the loan projects for which the bonds are issued.
Haw. Rev. Stat. § 327E-6 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-6
Decisions by guardian.
Status: in_force

(a) A guardian shall comply with the ward's individual instructions and shall not revoke the ward's pre-incapacity advance health-care directive unless expressly authorized by a court.

(b) Absent a court order to the contrary, a health-care decision of a guardian appointed pursuant to chapter 560 takes precedence over that of an agent.

(c) A health-care decision made by a guardian for the ward is effective without judicial approval. [L 1999, c 169, pt of §1; am L 2004, c 161, §4]
Haw. Rev. Stat. § 321H-2 — HI Code / Division 1 / Title 19 / Chapter 321H / Section 321H-2
Neurotrauma system.
Status: in_force

The department of health shall develop, lead, administer, coordinate, monitor, evaluate, and set direction for a comprehensive system to support and provide services for survivors of neurotrauma injuries.
Haw. Rev. Stat. § 323F-5.5 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-5.5
Criminal history record checks.
Status: in_force

(a) The corporation may request a criminal history record check of persons who are employed or seeking employment, or are current or prospective contractors, providers, or volunteers in any of the corporation's health facilities, in accordance with section 846–2.7.

(b) For the purpose of this section, the criminal history record check shall be performed by the Hawaii criminal justice data center. The Hawaii criminal justice data center may assess providers and contractors a reasonable fee for criminal history record checks performed. Providers and contractors shall be responsible for payment to the Hawaii criminal justice data center of the fee for the criminal history record checks.

(c) Any person who is a current or prospective member of the corporation board or regional system board; employed or who seeks employment with the corporation; or is a current or prospective contractor, provider, or volunteer in any of the corporation's health facilities may be required to provide to the corporation:

(1) Personal identifying information including name, social security number, and date of birth;

(2) Written consent for the corporation to obtain criminal history record check information for verification; and

(3) Written consent to be fingerprinted for the purpose of a criminal history record check.

Information obtained pursuant to subsection (a) and this subsection shall be used by the corporation exclusively for the purposes of this section.

(d) Any inquiry into or consideration of the criminal history record of an employee or prospective employee of the corporation shall be limited to that which is required under federal law.

(e) A current or prospective contractor, provider, or volunteer or a current or prospective member of the corporation board or regional system board who has been convicted of a criminal offense for which incarceration is a sentencing option, may be terminated, released, or not used. This action shall be based on the corporation's analysis of whether the nature and circumstances of the crime may pose a risk to the health, safety, or well-being of patients, residents, and organizations in its health facilities.

(f) For the purposes of this section:

"Contractor" means any individual who enters into a contract or agreement to provide services to the patients or residents in any of the corporation's health facilities.

"Criminal history record check" means an examination of an individual's criminal history records by means including fingerprint analysis and name inquiry into state and national criminal history record files.

"Provider" means any individual who currently provides or intends to enter into a contract or agreement to provide services to the patients or residents in any of the corporation's health facilities, or is a student in any program at any of the corporation's health facilities. [L 2009, c 182, §6; am L 2023, c 88, §2]
Haw. Rev. Stat. § 327E-2 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-2
Definitions.
Status: in_force

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

"Advance health-care directive" means an individual instruction or a power of attorney for health care.

"Agent" means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power.

"Best interest" means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment and shall include:

(1) The effect of the treatment on the physical, emotional, and cognitive functions of the patient;

(2) The degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of the treatment;

(3) The degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, results in a severe and continuing impairment;

(4) The effect of the treatment on the life expectancy of the patient;

(5) The prognosis of the patient for recovery, with and without the treatment;

(6) The risks, side effects, and benefits of the treatment or the withholding of treatment; and

(7) The religious beliefs and basic values of the individual receiving treatment, to the extent that these may assist the surrogate decision-maker in determining benefits and burdens.

"Capacity" means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision.

"Emancipated minor" means a person under eighteen years of age who is totally self-supporting.

"Guardian" means a judicially appointed guardian having authority to make a health-care decision for an individual.

"Health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition, including:

(1) Selection and discharge of health-care providers and institutions;

(2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and

(3) Direction to provide, withhold, or withdraw artificial nutrition and hydration; provided that withholding or withdrawing artificial nutrition or hydration is in accord with generally accepted health care standards applicable to health-care providers or institutions.

"Health-care decision" means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care.

"Health-care institution" means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.

"Health-care provider" means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.

"Individual instruction" means an individual's direction concerning a health-care decision for the individual.

"Interested persons" means the patient's spouse, unless legally separated or estranged, a reciprocal beneficiary, any adult child, either parent of the patient, an adult sibling or adult grandchild of the patient, or any adult who has exhibited special care and concern for the patient and who is familiar with the patient's personal values.

"Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

"Physician" means an individual authorized to practice medicine or osteopathy under chapter 453.

"Power of attorney for health care" means the designation of an agent to make health-care decisions for the individual granting the power.

"Primary physician" means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility.

"Reasonably available" means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a patient's health care needs, and willing and able to act in a timely manner considering the urgency of the patient's health care needs.

"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

"Supervising health-care provider" means the primary physician or the physician's designee, or the health-care provider or the provider's designee who has undertaken primary responsibility for an individual's health care.

"Surrogate" means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health-care decision or to act as a medicaid authorized representative for the patient. [L 1999, c 169, pt of §1; am L 2004, c 161, §3; am L 2009, c 11, §40; am L 2018, c 125, §2]
Haw. Rev. Stat. § 323F-57 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-57
Employment, wages, and benefits.
Status: in_force

(a) The corporation and the unions representing employees of the facility or facilities shall meet to discuss the impact of a transfer on the employees and the feasibility of tempering the adverse effect of layoffs by amending the employees' collective bargaining agreements pursuant to section 89-8.5.

(b) The employees working at a transferred facility shall be subject to laws and regulations that apply to private sector employees. The employees of a private entity or its nonprofit management entity shall not be governed by state laws that apply to public officers and employees of the State including but not limited to section 76-16(b) and all other sections of chapter 76, chapters 89, 89A, and 89C, and any other laws and regulations that govern public or government employment in the State.

(c) The private entity or its nonprofit management entity shall offer all employees of the pre-transfer facility, employment for a period of no less than six months after the transfer completion date.

(d) No employee of the corporation who is separated from service as a result of implementation of an agreement and transfer under this part shall suffer any loss of any previously earned rights, benefits or privileges.

(e) Subject to subsection (c), the private entity or its nonprofit management entity shall take all reasonable steps necessary to provide for a smooth transition of employees from state employment to private employment by the private entity or its nonprofit management entity at a transferred facility. [L 2015, c 103, pt of §2]
Haw. Rev. Stat. § 342B-26 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-26
General and temporary permits; single permit.
Status: in_force

(a) The director, after providing public notice, including the method by which a public hearing can be requested, and an opportunity for public comment pursuant to section 342B-13, may issue a general permit covering numerous similar sources. The owner of any source covered by a general permit must apply to the department for use of the general permit.

(b) The director may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. No permit shall be issued unless it is assured that the source at all authorized locations will be or is in compliance with all requirements pursuant to this chapter and the rules and standards adopted pursuant to this chapter. [L 1992, c 240, pt of §1; am L 1993, c 208, §6]
Haw. Rev. Stat. § 326-36 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-36
Sheriff, salary.
Status: in_force

The salary of the sheriff shall be fixed and paid by the department of health out of the appropriation allowed by the legislature for the care and treatment of persons affected with Hansen's disease.
Haw. Rev. Stat. § 342B-35 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-35
Crematoriums.
Status: in_force

Crematoriums of human remains operating within the State shall be subject to the permit requirements of this chapter; provided that the owners or operators of any crematoriums constructed before March 20, 1972, and operating within the State without a permit shall submit permit applications to the department no later than December 31, 2013.
Haw. Rev. Stat. § 328-72 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-72
Flour must be enriched.
Status: in_force

It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale in this State for human consumption therein, any unenriched flour; provided that unenriched flour may be used in the manufacture of macaroni, cracker, soy sauce, or other nonbaking products; provided further that unenriched flour may be sold to commercial bakers of bread, rolls, or buns if, prior to or simultaneously with delivery, the baker furnishes to the seller a certificate of intent in such form as the department of health shall by regulation prescribe, certifying that such flour will be used only in the manufacture, mixing, or compounding of flour or white bread or rolls enriched to meet the requirements of sections 328-71 to 328-76. It shall be unlawful for the baker to use the flour so purchased in any manner other than as stated in the certificate.
Haw. Rev. Stat. § 323B-2 — HI Code / Division 1 / Title 19 / Chapter 323B / Section 323B-2
Definitions.
Status: in_force

As used in this chapter:

"Breach" has the same meaning as in 45 Code of Federal Regulations section 164.402, as may be amended.

"Business associate" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.

"Covered entity" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.

"De-identified protected health information" has the same meaning as in title 45 Code of Federal Regulations section 164.514(a), as may be amended.

"Disclosure" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.

"Health information" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.

"Individually identifiable health information" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.

"Unsecured protected health information" has the same meaning as in 45 Code of Federal Regulations section 164.402, as may be amended.

"Use" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended. [L 2012, c 315, pt of §2; am L 2017, c 157, §3]
Haw. Rev. Stat. § 327E-1 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-1
Short title.
Status: in_force

This chapter may be cited as the Uniform Health-Care Decisions Act (Modified).
Haw. Rev. Stat. § 323D-75 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-75
Review; decision; rules.
Status: in_force

(a) The attorney general shall conduct its review of the application in accordance with the standards enumerated in section 323D-76. Within ninety days after receipt of an application, the attorney general shall review and approve or disapprove the acquisition.

(b) If the attorney general does not act within ninety days after receipt of an application, the application shall be deemed approved. If the attorney general approves or disapproves the acquisition, the applicant, or any person who has submitted comments and has a legal interest in the hospital being acquired or in another hospital that has contracted with the acquired hospital for the provision of essential health services, may bring an action for declaratory judgment for a determination that the acquisition is or is not in the public interest under the criteria set forth in section 323D-76.

(c) The agency shall review the completed application in accordance with the standards enumerated in section 323D-77. Within ninety days after receipt of a completed application, the agency shall:

(1) Approve the acquisition, with or without any specific modifications; or

(2) Disapprove the acquisition.

The agency shall not make its decision subject to any condition not directly related to criteria enumerated in section 323D-77, and any condition or modification shall bear a direct and rational relationship to the application under review.

(d) Any affected person may appeal a final decision by the agency to the reconsideration committee created under section 323D-47 under procedures substantially similar to those for appeals of health care certificate of need decisions. The reconsideration committee shall have the same powers and duties with respect to appeals under this part as exist for appeals to the reconsideration committee regarding issuance of certificates of need. The findings, conclusions, and decisions of the reconsideration committee shall constitute the determination of the agency. The agency, the applicant, or any affected person who has intervened in the matter before the reconsideration committee may seek judicial review of any agency determination.

(e) If both the agency and the attorney general review the application, it shall not be granted unless it is approved by both. [L 1998, c 257, pt of §1]
Haw. Rev. Stat. § 327E-12 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-12
Effect of copy.
Status: in_force

A copy of a written advance health-care directive, revocation of an advance health-care directive, or designation or disqualification of a surrogate has the same effect as the original.
Haw. Rev. Stat. § 334-130 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-130
Period of assisted community treatment.
Status: in_force

(a) Unless a family court orders otherwise, the assisted community treatment order shall continue to apply to the subject, for the duration specified in the order, regardless of whether the treatment setting changes.

(b) A subject of the order shall be automatically and fully discharged at the end of the family court-ordered period of treatment pursuant to an assisted community treatment order, a period of no more than two years, unless a new family court order has been obtained.

(c) Nothing in this section shall preclude the subject's stipulation to the continuance of an existing court order. [L 1984, c 251, pt of §1; am L 2013, c 221, §§16, 24; am L 2016, c 114, §§5, 6; am L 2023, c 153, §5; am L 2025, c 219, §21]
Haw. Rev. Stat. § 342L-52 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-52
Response to suspected or confirmed releases.
Status: in_force

(a) In the event of a petroleum release from an underground storage tank or tank system, which occurs prior to the adoption of rules for response to suspected or confirmed releases pursuant to section 342L-35, the department may:

(1) Issue an order requiring the owner or operator of an underground storage tank or tank system to undertake response action as is necessary to protect human health or the environment and fixing a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director; or

(2) Undertake response action by itself or by contract as is necessary to protect human health or the environment.

The department shall use moneys from the fund to pay for costs incurred in undertaking or compelling a response action pursuant to this subsection.

The department shall assign priority in undertaking response actions, pursuant to this subsection, to cases in which the department cannot identify, within the time necessary to protect human health or the environment, a solvent owner or operator of the tank or tank system, or even if able to identify such a person, has cause to believe that the person cannot or will not properly undertake a response action.

(b) In the event of a petroleum release from an underground storage tank or tank system, which occurs after the adoption of rules for response to suspected or confirmed releases pursuant to section 342L-35, the department may take all actions and issue such orders as are described in subsection (a), which are in conformity with the rules; provided that the department may undertake response actions with respect to any release of petroleum into the environment from an underground storage tank or tank system only if the department finds the action to be necessary to protect human health or the environment and one or more of the following conditions exists:

(1) No person can be found, within ninety days or such shorter period as may be necessary to protect human health or the environment who is:

(A) An owner or operator of the tank or tank system;

(B) Subject to the response action rules; and

(C) Capable of carrying out the response action properly;

(2) Prompt action by the department is required to protect human health or the environment;

(3) Anticipated costs of the response action at a facility will exceed the amount of financial responsibility coverage required by the department and, considering the class or category of tank or tank system from which the release occurred, the director determines that expenditures from the fund are necessary in order to assure effective response action; or

(4) The owner or operator of the tank or tank system has failed or refused to comply with a federal order issued pursuant to either section 9003 or 9006 of the federal Resource Conservation and Recovery Act or with an order issued pursuant to this section or section 342L-8 or 342L-9 to comply with the rules on response to suspected or confirmed releases.

The department shall assign priority in undertaking response actions pursuant to this subsection and in issuing orders requiring owners or operators to undertake response actions to those cases involving releases of petroleum from underground storage tanks or tank systems that pose the greatest threat to human health or the environment.

(c) The department is authorized to issue orders to the owner or operator of an underground storage tank or tank system to comply with rules adopted under section 342L-35.

(d) Response actions undertaken by the department may include the temporary or permanent relocation of residents and the provision of alternative household water supplies.

(e) In connection with the performance of any response action, the department may undertake an exposure assessment. A response action to abate immediate hazards or reduce exposure shall not be delayed in order to complete any exposure assessment. The costs of any such assessment may be deemed to have been incurred in undertaking the response action.

(f) Except as provided in this subsection, in order to protect human life, at any facility whose owner or operator has failed to maintain evidence of financial responsibility in amounts at least equal to the amounts established pursuant to section 342L-36, the department shall expend no moneys from the fund to respond to releases at the facility pursuant to subsections (a) and (b). At these facilities the department may use the authority provided in this chapter to order a response action to these releases. The department may use moneys from the fund to take a response action if necessary to protect human health at these facilities and shall seek full recovery of the costs of all such actions. Nothing in this subsection shall prevent the department from taking a response action at a facility where there is no solvent owner or operator or where immediate action is necessary to respond to an imminent and substantial endangerment of human health or the environment. [L 1989, c 212, pt of §6; am L 1992, c 259, §31]
Haw. Rev. Stat. § 330C-6 — HI Code / Division 1 / Title 19 / Chapter 330C / Section 330C-6
Special packaging standards, establishment.
Status: in_force

(a) All rules prescribing standards for the special packaging of household substances now or hereafter adopted under authority of the Federal Act shall be the regulatory standards for special packaging of household substances in this State.

(b) Hearings authorized or required by this chapter shall be conducted by the director or an officer, agent or employee designated by the director pursuant to chapter 91.

(c) The authority to adopt rules for the efficient enforcement of this chapter is vested in the director. The director may make such rules conform, insofar as practicable, with those promulgated under the Federal Act.

(d) A federal regulation adopted pursuant to section 330C-6(a) shall take effect in this State on the date it becomes effective as a federal regulation. No publication or hearing shall be required.

(e) No standard shall be effective as to household substances subject to this chapter packaged prior to the effective date of such final rule. [L 1974, c 216, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 342J-34.6 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-34.6
Brokers; notification; and identification numbers.
Status: in_force

(a) Not later than forty-five days after July 1, 1994, any person who acts as a hazardous waste broker, with respect to any substance listed as hazardous waste or identified by its characteristics as hazardous waste under 40 Code of Federal Regulations Part 261, shall apply to the department for an identification number and shall file with the department a notification stating the location and general description of the hazardous waste handling activity of the broker.

(b) Not later than forty-five days after the adoption of any rule pursuant to this chapter that lists or identifies by characteristics any substance as hazardous waste, any person who acts as a hazardous waste broker with respect to such substance shall apply to the department for an identification number and shall file with the department a notification stating the location and general description of the hazardous waste handling activity of the broker. This subsection shall not apply to activities or hazardous waste as to which notification has been made in compliance with subsection (a).

(c) Each hazardous waste broker shall be issued only one identification number.

(d) Any person required by this section to provide notification to the department shall advise the department of the following information, including any which may have changed during the prior year:

(1) Location of each business;

(2) Name of business;

(3) Mailing address of each business;

(4) Name of person who operates the facility at which hazardous waste is handled;

(5) Name of owner of the facility at which hazardous waste is handled;

(6) Name of owner of land at which hazardous waste is handled; and

(7) A copy of a notice sent by the broker to the facility owner, or owner's agent, of the facility or land used by the broker as the broker's principal place of business. The notice shall be mailed by certified mail to the owner, or owner's agent, and shall describe the broker's hazardous waste handling activities.

(e) This section shall not apply to owners or operators of hazardous waste treatment, storage, or disposal facilities. [L 1994, c 267, §2; am L 2001, c 8, §1]
Haw. Rev. Stat. § 342G-47 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-47
State agency responsibilities in the promotion of bioconversion.
Status: in_force

The general responsibilities of state agencies under this chapter include the following:

(1) Departments that procure compost or that can substitute compost for other purchased products shall utilize locally produced compost whenever possible;

(2) The college of tropical agriculture and human resources of the University of Hawaii, in consultation with the department of agriculture and biosecurity and the office, shall evaluate composting and bioconversion methods to determine the methods appropriate to Hawaii's environment and needs. The college shall provide educational outreach to homeowners and farmers on appropriate composting and bioconversion methods;

(3) The department of business, economic development, and tourism shall assist, to the extent possible, in the assessment of bioconversion program alternatives;

(4) The department of health shall evaluate the public health consequences of using compost for specific applications and bioconversion for the processing of municipal solid waste;

(5) The department of land and natural resources shall consider the use of locally produced compost on state lands whenever possible; and

(6) The department of transportation shall use compost in place of, or to supplement, other commercial fertilizers in the department's highway landscape maintenance program. [L 1991, c 324, pt of §2; am L 2025, c 236, §17]
Haw. Rev. Stat. § 342B-4 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-4
Other powers of department and director not affected.
Status: in_force

The powers, duties, and functions vested in the department and director under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department and director under any other law. Rules shall be adopted pursuant to chapter 91.
Haw. Rev. Stat. § 334E-1 — HI Code / Division 1 / Title 19 / Chapter 334E / Section 334E-1
Informed consent.
Status: in_force

(a) Before any nonemergency treatment for mental illness can commence, informed consent, as required by section 671-3 and as defined by the Hawaii medical board pursuant to the authority vested in it by that section, shall be obtained from the patient, or the patient's guardian, if the patient is not competent to give informed consent.

(b) A signed consent form reflecting the proceeding shall be obtained and maintained as part of the patient's record. [L 1980, c 272, pt of §1; am L 2008, c 9, §3]
Haw. Rev. Stat. § 329-37.5 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-37.5
Mandatory reporting.
Status: in_force

(a) Notwithstanding any other law concerning confidentiality to the contrary, the holder of a registration issued under section 329-32 who, in the holder's professional or official capacity, has reason to believe that a controlled substance in the holder's inventory has been stolen, embezzled, or otherwise obtained by fraud or diversion, shall immediately report the matter verbally to the administrator.

(b) The holder of a registration shall submit a written report to the administrator as soon as practicable following the verbal report. The written report shall contain:

(1) The name and address of the suspected perpetrator, if known;

(2) The nature and extent of the theft, embezzlement, fraud, or diversion; and

(3) Any other information that the reporter believes might be helpful or relevant to the investigation of the theft, embezzlement, fraud, or diversion.

(c) Any person subject to subsection (a), upon demand of the administrator, shall provide all information related to the alleged incident of theft, embezzlement, fraud, or diversion, including but not limited to records, reports, and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (b).

(d) This section shall not be construed to provide a basis for a cause of action against the administrator or department.

(e) Any person subject to this section who knowingly prevents another person from reporting, or who knowingly fails to provide information as required by this section, shall be guilty of a misdemeanor. [L 2022, c 105, §1]
Haw. Rev. Stat. § 322-6 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-6
Who to report nuisances.
Status: in_force

The sheriff, all officers of police, and physicians shall report to the department of health, or its nearest authorized agent, the existence of any nuisance injurious to the public health, of which any of them may be cognizant, as soon as possible after it comes to their knowledge. Any individual may report to the department of health, or its nearest authorized agent, the existence of any nuisance injurious to the public health as soon as possible after the individual learns of the existence of the nuisance. [PC 1869, c 59, §22; RL 1925, §929; RL 1935, §1316; RL 1945, §2707; RL 1955, §47-7; am L Sp 1959 2d, c 1, §19; am L 1963, c 85, §3; HRS §322-6; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2013, c 269, §2]
Haw. Rev. Stat. § 321-224.2 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-224.2
Enhanced and expanded emergency medical services; fees.
Status: in_force

(a) The department shall establish reasonable fees to be collected from individuals who are:

(1) Transported by emergency ground ambulance services to a health care facility within the service area designated by the department for the care of the individual; or

(2) Provided health care by emergency medical services personnel within the service area but not transported by ground ambulance to a health care facility.

(b) The department may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this section.

(c) No later than July 1, 2020, the department shall adopt interim rules, which shall be exempt from chapter 91 and chapter 201M, to effectuate the purposes of this section; provided that the interim rules shall remain in effect until July 1, 2023, or until rules are adopted pursuant to subsection (b), whichever occurs sooner. [L 2019, c 140, pt of §1; am L 2021, c 208, §8]
Haw. Rev. Stat. § 342H-11 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-11
Injunctive and other relief.
Status: in_force

The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 334B-7 — HI Code / Division 1 / Title 19 / Chapter 334B / Section 334B-7
Appeal by aggrieved party.
Status: in_force

Any person aggrieved by a final decision of the complaint resolution panel in a contested case under this chapter may appeal to the director.
Haw. Rev. Stat. § 321-11.7 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11.7
REPEALED.
Status: in_force

L 2013, c 212, §7(3).
Haw. Rev. Stat. § 342D-103 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-103
Prohibited air emissions.
Status: in_force

(a) No person shall operate an incinerator of a large commercial passenger vessel in any Hawaiian port for the combustion of any waste materials.

(b) Except as provided under section 342D-106, large commercial passenger vessels shall limit visible emissions, excluding condensed water vapor, to no more than twenty per cent opacity for periods of time exceeding six minutes in any sixty-minute period except for the following:

(1) When the ship is maneuvering to or from the dock or anchor;

(2) In the event of a navigational or safety concern on the ship; or

(3) In the event of an equipment failure; provided that the cruise line shall upon request, provide information to the department that describes the subject equipment, malfunction, corrective actions taken, and the start and end times of the malfunctioning period. [L 2005, c 217, pt of §1]
Haw. Rev. Stat. § 334-3.5 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-3.5
Employment program for the chronically mentally ill established.
Status: in_force

There is established within the mental health division of the department of health a community-based employment program for the chronically mentally ill to (1) create business enterprises for employment of the chronically mentally ill; (2) teach the skills and attitudes which will enable the chronically mentally ill to become employed; and (3) provide support services including housing so that the chronically mentally ill can secure and maintain employment and live within the community.
Haw. Rev. Stat. § 329-129 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-129
Prohibited acts; flammable solvents.
Status: in_force

(a) No qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall use butane to extract tetrahydrocannabinol from cannabis plants.

(b) Any person who violates this section shall be guilty of a class C felony. [L 2015, c 241, pt of §5; am L 2018, c 116, §11]
Haw. Rev. Stat. § 329-14 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-14
Schedule I.
Status: in_force

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

(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);

(2) Acetylmethadol;

(3) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide), its optical, positional, and geometric isomers, salts, and salts of isomers;

(4) Acryl fentanyl [N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide] (Other name: acryloylfentanyl);

(5) AH-7921 (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide);

(6) Allylprodine;

(7) Alphacetylmethadol (except levo-alphacetylmethadol, levomethadyl acetate, or LAAM);

(8) Alphameprodine;

(9) Alphamethadol;

(10) Alpha'-methyl butyryl fentanyl (2-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide);

(11) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine);

(12) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(13) Benzethidine;

(14) Benzylfentanyl (N-[1-benzyl-4-piperidyl]-N-phenylpropanamide), its optical isomers, salts, and salts of isomers;

(15) Betacetylmethadol;

(16) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);

(17) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);

(18) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide);

(19) Betameprodine;

(20) Betamethadol;

(21) Beta-methyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide) (Other name: [beta]-methyl fentanyl);

(22) Beta'-phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide) (Other names: [beta]'-phenyl fentanyl; 3-phenylpropanoyl fentanyl);

(23) Betaprodine;

(24) Brorphine (1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one);

(25) Butonitazene (2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine);

(26) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide);

(27) Clonitazene;

(28) Crotonyl fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide);

(29) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide);

(30) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);

(31) Dextromoramide;

(32) Diampromide;

(33) Diethylthiambutene;

(34) Difenoxin;

(35) Dimenoxadol;

(36) Dimepheptanol;

(37) 2',5'-dimethoxyfentanyl (N-(1-(2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropionamide);

(38) Dimethylthiambutene;

(39) Dioxaphetyl butyrate;

(40) Dipipanone;

(41) Ethylmethylthiambutene;

(42) Etodesnitazene (2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine) (Other name: etazene);

(43) Etonitazene;

(44) Etoxeridine;

(45) Fentanyl carbamate (ethyl (1-phenethylpiperidin-4-yl)(phenyl)carbamate);

(46) Flunitazene (N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);

(47) 4-fluoroisobutyryl fentanyl [N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide] (Other name: para-fluoroisobutyryl fentanyl);

(48) 2'-fluoro ortho-fluorofentanyl (N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide) (Other name: 2'-fluoro 2-fluorofentanyl);

(49) Furanyl fentanyl (N-(1-phenethylpiperidin-4-y1)-N-phenylfuran-2-carboxamide);

(50) 3-furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-carboxamide);

(51) Furethidine;

(52) Hydroxypethidine;

(53) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide);

(54) Isotonitazene (N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);

(55) Isovaleryl fentanyl (3-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide);

(56) Ketobemidone;

(57) Levomoramide;

(58) Levophenacylmorphan;

(59) Meta-fluorofentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide);

(60) Meta-fluoroisobutyryl fentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);

(61) Methoxyacetyl fentanyl (2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);

(62) 2-methyl AP-237 (1-(2-methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1-one);

(63) 4'-methyl acetyl fentanyl (N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide);

(64) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);

(65) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(66) Metodesnitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine);

(67) Metonitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);

(68) Morpheridine;

(69) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(70) MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine);

(71) Noracymethadol;

(72) Norlevorphanol;

(73) Normethadone;

(74) Norpipanone;

(75) N-pyrrolidino etonitazene (2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole) (Other name: etonitazepyne);

(76) Ocfentanil [N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide];

(77) Ortho-fluoroacryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide);

(78) Ortho-fluorobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide) (Other name: 2-fluorobutyryl fentanyl);

(79) Ortho-fluorofentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide) (Other name: 2-fluorofentanyl);

(80) Ortho-fluorofuranyl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide);

(81) Ortho-fluoroisobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);

(82) Ortho-methyl acetylfentanyl (N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide) (Other name: 2-methyl acetylfentanyl);

(83) Ortho-methyl methoxyacetyl fentanyl (2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide) (Other name: 2-methyl methoxyacetyl fentanyl);

(84) Para-chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);

(85) Para-fluorobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide);

(86) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide);

(87) Para-fluoro furanyl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide);

(88) Para-methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide);

(89) Para-methoxyfuranyl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide);

(90) Para-methylcyclopropyl fentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide);

(91) Para-methylfentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide) (Other name: 4-methylfentanyl);

(92) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(93) Phenadoxone;

(94) Phenampromide;

(95) Phenomorphan;

(96) Phenoperidine;

(97) Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide) (Other name: benzoyl fentanyl);

(98) Piritramide;

(99) Proheptazine;

(100) Properidine;

(101) Propiram;

(102) Protonitazene (N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine);

(103) Racemoramide;

(104) Tetrahydrofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide);

(105) Thenylfentanyl (N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide), its optical isomers, salts, and salts of isomers;

(106) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);

(107) Thiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide) (Other names: 2-thiofuranyl fentanyl; thiophene fentanyl);

(108) Tilidine;

(109) Trimeperidine;

(110) U-47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide); and

(111) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide).

(c) Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Drotebanol;

(10) Etorphine;

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Morphine methylbromide;

(16) Morphine methylsulfonate;

(17) Morphine-N-Oxide;

(18) Myrophine;

(19) Nicocodeine;

(20) Nicomorphine;

(21) Normorphine;

(22) Phoclodine; and

(23) Thebacon.

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Alpha-ethyltryptamine (AET);

(2) 2,5-dimethoxy-4-ethylamphetamine (DOET);

(3) 2,5-dimethoxyamphetamine (2,5-DMA);

(4) 3,4-methylenedioxy amphetamine;

(5) 3,4-methylenedioxymethamphetamine (MDMA);

(6) N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-MDA);

(7) 3,4-methylenedioxy-N-ethylamphetamine (MDE);

(8) 5-methoxy-3,4-methylenedioxy-amphetamine;

(9) 4-bromo-2,5-dimethoxy-amphetamine (4-bromo-2,5-DMA);

(10) 4-Bromo-2,5-dimethoxyphenethylamine (Nexus);

(11) 3,4,5-trimethoxy amphetamine;

(12) Bufotenine;

(13) 4-methoxyamphetamine (PMA);

(14) Diethyltryptamine;

(15) Dimethyltryptamine;

(16) 4-methyl-2,5-dimethoxy-amphetamine;

(17) Gamma hydroxybutyrate (GHB) (some other names include gamma hydroxybutyric acid; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);

(18) Ibogaine;

(19) Lysergic acid diethylamide;

(20) Marijuana;

(21) Parahexyl;

(22) Mescaline;

(23) Peyote;

(24) N-ethyl-3-piperidyl benzilate;

(25) N-methyl-3-piperidyl benzilate;

(26) Psilocybin;

(27) Psilocyn;

(28) 1-[1-(2-Thienyl) cyclohexyl] Pyrrolidine (TCPy);

(29) Ethylamine analog of phencyclidine (PCE);

(30) Pyrrolidine analog of phencyclidine (PCPy, PHP);

(31) Thiophene analog of phencyclidine (TPCP; TCP);

(32) Gamma-butyrolactone, including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with Chemical Abstract Service number 96-48-0 when any such substance is intended for human ingestion;

(33) 1,4 butanediol, including butanediol; butane-1,4-diol; 1,4- butylenes glycol; butylene glycol; 1,4-dihydroxybutane; 1,4- tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4- diol with Chemical Abstract Service number 110-63-4 when any such substance is intended for human ingestion;

(34) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts, and salts of isomers;

(35) N-benzylpiperazine (BZP; 1-benzylpiperazine), its optical isomers, salts, and salts of isomers;

(36) 1-(3-trifluoromethylphenyl)piperazine (TFMPP), its optical isomers, salts, and salts of isomers;

(37) Alpha-methyltryptamine (AMT);

(38) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);

(39) Salvia divinorum;

(40) Salvinorin A;

(41) Divinorin A;

(42) 5-Methoxy-N,N-Dimethyltryptamine (some trade or other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT);

(43) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);

(44) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);

(45) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);

(46) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);

(47) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);

(48) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);

(49) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);

(50) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);

(51) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);

(52) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5);

(53) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82);

(54) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36);

(55) N-ethylhexedrone, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: [alpha]-ethylaminohexanophenone; 2-(ethylamino)-1-phenylhexan-1-one);

(56) Alpha-pyrrolidinohexanophenone, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: [alpha]-PHP; [alpha]-pyrrolidinohexanophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one);

(57) 4-methyl-alpha-ethylaminopentiophenone, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 4-MEAP; 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one);

(58) 4'-methyl-alpha-pyrrolidinohexiophenone, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: MPHP; 4'-methyl-alpha-pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one);

(59) Alpha-pyrrolidinoheptaphenone, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: PV8; 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one);

(60) 4'-chloro-alpha-pyrrolidinovalerophenone, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 4-chloro-[alpha]-PVP; 4'-chloro-[alpha]-pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one);

(61) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (methoxetamine, MXE);

(62) Eutylone (1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one) (Other name: bk-EBDB);

(63) Zipeprol (1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol), including its isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation;

(64) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);

(65) [1-(5-fluoro-pentyl)-1 H -indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (5-fluoro-UR-144, XLR11);

(66) N -(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1 H -indazole-3-carboxamide (Other name: ADB-FUBINACA);

(67) Methyl 2-(1-(cyclohexylmethyl)-1 H -indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB-CHMICA, MMB-CHMINACA);

(68) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other name: MDMB-FUBINACA); and

(69) N-ethylpentylone (Other names: ephylone, 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)pentan-1-one).

(e) Depressants. Unless specifically excepted, the schedule shall include any material, compound, mixture, or preparation which contains any quantity of the substance:

(1) Mecloqualone;

(2) Methaqualone;

(3) Etizolam (including its optical, positional, and geometric isomers, salts, and salts of isomers, where possible); or

(4) Flualprazolam (including its optical, positional, and geometric isomers, salts, and salts of isomers, where possible).

(f) 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 isomers:

(1) Amineptine (7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid);

(2) Aminorex;

(3) Cathinone;

(4) 4,4'-dimethylaminorex (common name: 4,4'-DMAR);

(5) Ethylphenidate (ethyl 2-phenyl-2-(piperidin-2-yl)acetate);

(6) Fenethylline;

(7) Mesocarb (N-phenyl-N' -(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate);

(8) Methcathinone;

(9) Methiopropamine (N-methyl-1-(thiophen-2-yl)propan-2-amine);

(10) 4-methylaminorex;

(11) N-ethylamphetamine;

(12) N,N-dimethylamphetamine;

(13) Substituted cathinones, any compound, except bupropion or compounds listed under a different schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:

(A) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;

(B) By substitution at the 3-position with an acyclic alkyl substituent; or

(C) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

Some other trade names: Mephedrone (2-methylamino-1-p-tolylpropan-1-one), also known as 4-methylmethcathinone (4-MMC), methylephedrone or MMCAT; Methylenedioxypyrovalerone (MDPV, MDPK); methylone or 3,4-methylenedioxymethcathinone; and 1-(benzo[d][1,3]dioxol-5-yl)-2-(ethylamino)propan-1-one, monohydrochloride, also known as Ethylone, bk-MDEA hydrochloride, MDEC; 3,4-Methylenedioxy-N-ethylcathinone; bk-Methylenedioxyethylamphetamine, 4-methyl-N-ethylcathinone (4-MEC); 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP); alpha-pyrrolidinopentiophenone ([alpha]-PVP); 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone, bk-MBDB e); 2-(methylamino)-1-phenylpentan-1-one (pentedrone); 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone, bk-MBDP); 4-fluoro-N-methylcathinone (4-FMC, flephedrone); 3-fluoro-N-methylcathinone (3-FMC); 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone); alpha-pyrrolidinobutiophenone ([alpha]-PBP) and their optical, positional, and geometric isomers, salts and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible; and

(14) 1-(4-methoxyphenyl)-N-methylpropan-2-amine (Other names: para-methoxymethamphetamine; PMMA).

(g) Cannabinoids. Unless specifically excepted or unless listed in another schedule, any of the following cannabinoids, including their salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Tetrahydrocannabinols ; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered);

(2) Naphthoylindoles; meaning any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;

(3) Naphthylmethylindoles; meaning any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;

(4) Naphthoylpyrroles; meaning any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent;

(5) Naphthylmethylindenes; meaning any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent;

(6) Phenylacetylindoles; meaning any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl , alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent;

(7) Cyclohexylphenols ; meaning any compound containing a 2-(3-hydroxycyclohexyl) phenol structure with substitution at the 5-position of the phenolic ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not substituted in the cyclohexyl ring to any extent;

(8) Benzoylindoles; meaning any compound containing a 3-( benzoyl ) indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent;

(9) [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[1,2,3-de]-1, 4-benzoxazin-6-yl]-1-naphthalenylmethanone (another trade name is WIN 55,212-2);

(10) (6a,10a)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Other trade names are: HU-210/HU-211);

(11) Tetramethylcyclopropanoylindoles; meaning any compound containing a 3-tetramethylcyclopropanoylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropyl ring to any extent;

(12) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: APINACA, AKB48);

(13) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: PB-22; QUPIC);

(14) Quinolin-8-yl 1-(5fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-PB-22; 5F-PB-22);

(15) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: AB-FUBINACA);

(16) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: ADB-PINACA);

(17) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: AB-CHMINACA);

(18) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: AB-PINACA);

(19) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone, and geometric isomers, salts, and salts of isomers (Other names: THJ-2201);

(20) Methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate, and geometric isomers, salts, and salts of isomers (Other names: FUB-AMB, M ethyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, MMB-FUBINACA, AMB-FUBINACA );

(21) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, and geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-AMB, 5-fluoro-AMP);

(22) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: AKB48 N-(5-fluoropentyl) analog, 5F-AKB48, APINACA 5-fluoropentyl analog, 5F-APINACA);

(23) N-adamantyl-1-fluoropentylindole-3-Carboxamide, and geometric isomers, salts, and salts of isomers (Other names: STS-135, 5F-APICA; 5-fluoro-APICA);

(24) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, and geometric isomers, salts, and salts of isomers (Other names: NM2201; CBL2201);

(25) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: MAB-CHMINACA and ADB-CHMINACA);

(26) Methyl 2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (Other names: 5F-ADB, 5-fluoro-ADB, and 5F-MDMB-PINACA), its optical, positional, and geometric isomers, salts, and salts of isomers;

(27) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: SGT-78; 4-CN-CUMYL BINACA; 4-CN-CUMYL-BUTINACA; CUMYL-CB-PINACA; CUMYL-CYBINACA; 4-cyano-CUMYL-BUTINACA; CUMYL-4CN-BINACA);

(28) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other name: 5F-AB-PINACA);

(29) Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA);

(30) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide (Other names: 5F-CUMYL-P7AICA);

(31) Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate (MDMB-4en-PINACA);

(32) Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other name: 5F-EDMB-PINACA);

(33) Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: 5F-MDMB-PICA; 5F-MDMB-2201);

(34) N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (Other names: FUB-AKB48; FUB-APINACA; AKB48 N-(4-FLUOROBENZYL));

(35) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (Other names: 5F-CUMYL-PINACA; SGT-25); and

(36) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (Other name: FUB-144). [L 1972, c 10, pt of §1; am L 1974, c 217, §1; am L 1977, c 116, §1; am L 1978, c 68, §2; am L 1979, c 194, §1; am L 1980, c 140, §1 and c 232, §16; am L 1984, c 166, §1; am L 1985, c 150, §1; am L 1986, c 214, §§2, 3; am L 1988, c 59, §1; am L 1990, c 138, §3; am L 1993, c 8, §1; am L 1995, c 122, §1; am L 1997, c 356, §1; am L 1999, c 252, §2; am L 2000, c 98, §1; am L 2001, c 203, §2; am L 2003, c 151, §§1, 2; am L 2008, c 119, §3; am L 2010, c 123, §1; am L 2011, c 73, §1; am L 2012, c 29, §1; am L 2013, c 48, §1; am L 2014, c 54, §1; am L 2015, c 195, §1; am L 2016, c 218, §§2, 3; am L 2017, c 155, §1; am L 2018, c 190, §1; am L 2020, c 27, §2 and c 70, §48; am L 2021, c 233, §1; am L 2022, c 106, §1; am L 2023, c 162, §1; am L 2025, c 107, §1]
Haw. Rev. Stat. § 321-52 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-52
Powers, duties, and activities of the department.
Status: in_force

To carry out the purposes of this part, the department of health may:

(1) Establish and administer a program of services for children with special health needs, which shall provide for developing, extending, and improv­ing services, especially in rural areas, for locating such children, and for providing for medical, surgical, corrective, and other services and care, and facilities for diagnosis, hospitalization, and after-care; extend and improve any such services; cooperate with medical, health, nursing, and welfare groups and organizations and with any agency of the State charged with the administration of laws providing for vocational rehabili­tation of children with special health needs; and, cooperate with the department of education for the education of such children;

(2) Formulate and administer a detailed plan for the purposes specified in paragraph (1) above; and adopt such rules pursuant to chapter 91 as may be necessary or desirable for the administration of the plan and of this part. Any plan shall include provisions for:

(A) Financial participation by the State in the funds appropriated by the Congress of the United States under applicable federal legislation;

(B) Administration of the plan by the department;

(C) Such methods of administration (other than those relating to selec­tion, tenure of office, and compensation of personnel) as are neces­sary for the efficient operation of the plan;

(D) Maintenance of records and preparation of reports of services ren­dered as shall be directed by the Secretary of Health and Human Services of the United States;

(E) Carrying out the purposes specified in paragraph (1) above; and

(F) Cooperation with medical, health, nursing, and welfare groups and organizations and with any agency in the State charged with admin­istering state laws providing for vocational rehabilitation of children with special needs;

(3) Cooperate with the federal government through its appropriate agency or instrumentality in developing, extending, and improving such services and receive and expend all funds made available to the department by the federal government, the State, or its political subdivisions, or from any other sources, including private donations, for such purposes; and

(4) Take all other actions necessary or desirable to carry out the purposes of this part. [L 1939, c 179, §3; RL 1945, §2103; RL 1955, §46-42; am L Sp 1959 2d, c 1, §§18, 19; HRS §321-52; am L 1981, c 71, §1; am L 1984, c 13, §1; am L 1988, c 4, §3]
Haw. Rev. Stat. § 334-86 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-86
Status of patient pending hearing.
Status: in_force

Unless otherwise ordered by the court, the authority of the psychiatric facility to detain a patient shall not be diminished by the institution of proceedings under this part until a final order requiring the discharge of the patient.
Haw. Rev. Stat. § 325-37 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-37
Fraud; wilful misrepresentation; failure to comply; penalties.
Status: in_force

Any person who by fraud or wilful misrepresentation circumvents or defeats or attempts to circumvent or defeat any purpose or provision of any of sections 325-32 to 325-34 or who, required by any provision of section 325-32, to be vaccinated or immunized, fails to be so vaccinated or immunized shall be fined not more than $25 or imprisoned not more than thirty days, or both.
Haw. Rev. Stat. § 342J-52 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-52
Standards for persons who deal with used oil or used oil fuel.
Status: in_force

(a) The director may establish, by rule, standards applicable to persons who generate, transport, treat, store, dispose, process, re-refine, burn (including burning for purposes of energy recovery), recycle, distribute, market, or otherwise handle used oil or used oil fuel, regardless of whether the used oil or used oil fuel is a hazardous waste.

(b) No new oil, used oil, or recycled oil shall be discharged or caused or allowed to enter into the sewers, drainage systems, surface or ground waters, watercourse, marine waters, or onto the ground. The prohibition shall not apply to inadvertent, normal discharges from vehicles and equipment, or maintenance and repair activities associated with vehicles; provided that appropriate measures are taken to minimize releases. Appropriate measures include, but are not limited to, use of drip pans, institution of structural catchment systems, use of absorbent materials, and other similar measures. [L 1996, c 82, pt of §1]
Haw. Rev. Stat. § 338-4 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-4
Deaths reported to county clerks.
Status: in_force

The department of health shall within six weeks after the end of each month deliver, or forward by mail, to the county clerk of each county a list of the names of all citizens of voting age or over whose deaths have been recorded in the department during each month. The list shall set forth such portion of the information contained in the death record of each citizen whose death is so reported as will be of assistance to the county clerk in identification.
Haw. Rev. Stat. § 342D-52 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-52
Testing of water and aquatic and other life.
Status: in_force

The director may test any water and aquatic and other life that has been subjected to an oil spill or any other form of water pollution and assess the environmental effects of the pollution, including its effects on:

(1) The quality of the receiving water; and

(2) Aquatic and other life.

If the department determines that the effects are such that it would be hazardous to consume the aquatic or other life, the department shall immediately notify the public of that hazard through the news media and by posting warning signs in the areas where the water and shoreline contain aquatic or other life that would be hazardous to consume. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 342B-55 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-55
Consent orders; settlement agreements.
Status: in_force

Notwithstanding section 342B-13, at least thirty days before a consent order or settlement agreement of any kind under this chapter to which the director or the State is a party is final or filed with [an] environmental court, the director shall provide public notice and an opportunity for the public to comment. The director shall promptly consider any written comments and may withdraw or withhold consent to the proposed order or agreement if the comments disclose facts or considerations which indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of this chapter. Nothing in this section shall apply to civil or criminal penalties under this chapter.
Haw. Rev. Stat. § 321-193.7 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-193.7
Clean and sober homes registry.
Status: in_force

(a) The department shall establish a voluntary clean and sober homes registry to assist persons recovering from substance abuse to have a safe, clean, and sober environment that supports their recovery. The department shall establish procedures and standards by which homes will be allowed to be listed on the registry, including but not limited to:

(1) Organizational and administrative standards;

(2) Fiscal management standards;

(3) Operation standards;

(4) Recovery support standards;

(5) Property standards; and

(6) Good neighbor standards.

(b) Upon review and approval of a home operator's application, the department shall issue a certificate of registration that shall specify:

(1) The name of the holder of the registration;

(2) The address to which the registration applies;

(3) The maximum number of persons to reside in the home; and

(4) The period for which the registration shall be valid.

An owner, operator, or landlord shall not hold the property out to be or advertise to be a "registered clean and sober home" unless the home is registered and in good standing with the clean and sober homes registry.

(c) The certificate of registration shall be publicly displayed at the home.

(d) The certificate of registration shall not be transferred to a new owner or operator, or to an address other than as specified on the certificate of registration.

(e) Nothing in this section shall relieve a certificate holder from compliance with other pertinent statutory provisions, nor shall a certificate holder be relieved from compliance with other applicable provisions of federal, state, or county laws, ordinances, or rules.

(f) The department may revoke the certificate of registration if a home ceases to meet established standards or any other applicable federal, state, or county law, ordinance, or rule.

(g) The department may immediately revoke a certificate of registration if there are reasonable grounds to believe that the continued operation of the home presents an immediate danger to residents of the home or the general public.

(h) Any revocation of the certificate of registration shall be made in writing to the certificate holder.

(i) The department shall maintain a listing of all registered clean and sober homes on its website.

(j) The department shall establish a toll-free telephone number to receive complaints regarding clean and sober homes. The department and pertinent county agencies shall work together to resolve problems and complaints received by either the State or counties regarding clean and sober homes. The department shall educate the public on:

(1) Clean and sober homes;

(2) The department's registry of clean and sober homes;

(3) State and county procedures pertaining to clean and sober homes; and

(4) Contact information and procedures for inquiries and complaints related to clean and sober homes.

(k) This section shall not be construed to abrogate an individual's right to privacy. Unless otherwise provided by law, the department shall implement sufficient protections to ensure that the identity of a clean and sober home resident remains confidential and that information collected pursuant to this section is used solely for the purposes of this section.

(l) The department shall adopt rules under chapter 91 as necessary to carry out the purposes of this section. [L 2014, c 193, §3; am L 2022, c 155, §1]
Haw. Rev. Stat. § 342H-12 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-12
Appeal.
Status: in_force

If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction.
Haw. Rev. Stat. § 321-352.2 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-352.2
Early language services for children who are deaf, hard of hearing, or deaf-blind.
Status: in_force

Early intervention services for infants and toddlers may include, but not be limited to, service providers and mentors of the deaf, hard of hearing, or deaf-blind who use American Sign Language; service providers and mentors of the deaf who use oral language; American Sign Language teachers for families of young children; family-to-family support; and training of early intervention providers.
Haw. Rev. Stat. § 342G-103 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-103
Deposit beverage distributors; registration, recordkeeping requirements.
Status: in_force

(a) By September 1, 2002, all deposit beverage distributors operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any change in address or other information previously submitted. After September 1, 2002, any person who desires to conduct business in the State as a deposit beverage distributor shall register with the department no later than one month prior to the commencement of the business.

(b) All deposit beverage distributors shall maintain records reflecting the manufacture of their beverages in deposit beverage containers as well as the importation and exportation of deposit beverage containers. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person, except:

(1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this chapter or any rule adopted pursuant to this chapter; or

(2) Under an order issued by a court or administrative agency hearings officer. [L 2002, c 176, pt of §2]
Haw. Rev. Stat. § 342G-88 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-88
§§342G-88 and 342G-89 REPEALED.
Status: repealed

§§342G-88 and 342G-89 REPEALED. L 2002, c 176, §§14, 15.
Haw. Rev. Stat. § 342P-8 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-8
Asbestos and lead abatement special fund.
Status: in_force

[§342P-8 Asbestos and lead abatement special fund.] (a) There is established within the department of health an asbestos and lead abatement special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, variances, investigations, and reviews.

(b) Moneys in the asbestos and lead abatement special fund shall be expended by the department to:

(1) Partially fund the operating costs of the asbestos and lead abatement program's mandated activities and functions;

(2) Fund statewide education, demonstration, and outreach programs;

(3) Provide for the accreditation of training programs;

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

(5) Plan for future growth and expansion to meet emerging needs. [L 1998, c 242, pt of §1]
Haw. Rev. Stat. § 327-52 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-52
Requests for anatomical gifts.
Status: in_force

Any person in charge of a hospital, or the designated representative of the person in charge of the hospital, other than a person connected with the determination of death, may request any of the persons in section [327-9], in the order of priority stated, to give consent to the gift of all or any part of the decedent's body to any potential donee for any purpose provided in section [327-11].
Haw. Rev. Stat. § 323B-3 — HI Code / Division 1 / Title 19 / Chapter 323B / Section 323B-3
Privacy of individually identifiable health information.
Status: in_force

(a) Notwithstanding any law to the contrary, any use or disclosure of individually identifiable health information by any covered entity or business associate that is permitted by 45 Code of Federal Regulations part 164, subpart E, shall be deemed to comply with all state laws relating to the use, disclosure, or confidentiality of such information.

(b) Notwithstanding any law to the contrary, an authorization for release of individually identifiable health information that complies with 45 Code of Federal Regulations section 164.508 shall be deemed to comply with all state laws relating to individual authorization.

(c) Notwithstanding any law to the contrary, any notice of breach of unsecured protected health information that complies with 45 Code of Federal Regulations part 164, subpart D, shall be deemed to comply with all state laws relating to notice of breach of protected health information. [L 2012, c 315, pt of §2]
Haw. Rev. Stat. § 342B-36 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-36
[ §342B-36] Use of coal for electricity generation.
Status: in_force

[ §342B-36] Use of coal for electricity generation. The department may issue or renew a permit to an owner or operator of a covered source that will burn or consume coal to generate electricity; provided that as a condition of the permit, all coal burning shall cease on December 31, 2022. Beginning after December 31, 2022, the department shall not issue or renew any permit to an owner or operator of a covered source which will burn or consume coal to generate electricity.
Haw. Rev. Stat. § 328J-17 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-17
Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco prod
Status: in_force

(a) It is unlawful for any person to distribute samples of cigarette or tobacco products, or coupons redeemable for cigarette or tobacco products, in or on any public street, sidewalk, or park, or within one thousand feet of any elementary, middle or intermediate, or high school.

(b) It is unlawful for any person to distribute cigarette or tobacco promotional materials, or coupons redeemable for cigarette or tobacco promotional materials, within one thousand feet of any elementary, middle or intermediate, or high school.

(c) This section shall not apply:

(1) Within private commercial establishments, such as stores and restaurants, where tobacco products are sold, as long as distribution is not visible to the public from outside the establishment; or

(2) To commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law.

(d) Any person convicted of violating this section shall be fined not more than $1,000.

(e) As used in this section:

"Distribute" means to pass out to members of the general public free of charge for the exclusive purpose of promoting a product. [L 2006, c 295, pt of §2]
Haw. Rev. Stat. § 332-1 — HI Code / Division 1 / Title 19 / Chapter 332 / Section 332-1
Definition.
Status: in_force

The term "mattress" as used in this chapter means any quilted pad, comforter, mattress, mattress-pad, bunk quilt, or cushion, stuffed or filled with wool, hair, or other soft material to be used on a couch or other bed and on which persons sleep or recline; provided that:

(1) The term "mattress" shall not include any items considered "beddings" under the federal Textile Fiber Products Identification Act (15 United States Code §70 et seq.); and

(2) A "cushion" includes only those that are filled with rubber, feathers, or down. [L 1927, c 234, §1; RL 1935, §1190; RL 1945, §2471; RL 1955, §55-1; HRS §332-1; am L 1988, c 20, §2]
Haw. Rev. Stat. § 342P-22 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-22
Negligent violations.
Status: in_force

Any person who negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not less than $2,500 nor more than $25,000 per day for each violation or imprisoned for not more than one year, or both. If a conviction of a person is for a violation committed after a first conviction of the person under this section, punishment shall be a fine of not more than $50,000 per day for each violation or imprisonment of not more than two years, or both.
Haw. Rev. Stat. § 334D-5 — HI Code / Division 1 / Title 19 / Chapter 334D / Section 334D-5
Records.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] All records of a nurse participating in a diversion program that are not required by law to be reported to the board or the regulated industries complaints office and do not involve disciplinary action by those entities shall be privileged and shall not be subject to discovery or subpoena by any person or entity other than a law enforcement agency investigating the conduct of the nurse, the board, or the regulated industries complaints office.

For purposes of this section:

"Law enforcement agency" means any county police department, the department of public safety, and any federal, state, or county public body that employs law enforcement officers.

"Law enforcement officer" means any public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. [L 1993, c 106, pt of §1; am L 2010, c 54, §4]

§334D-5 Records. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] All records of a nurse participating in a diversion program that are not required by law to be reported to the board or the regulated industries complaints office and do not involve disciplinary action by those entities shall be privileged and shall not be subject to discovery or subpoena by any person or entity other than a law enforcement agency investigating the conduct of the nurse, the board, or the regulated industries complaints office.

For purposes of this section:

"Law enforcement agency" means any county police department, the department of law enforcement, and any federal, state, or county public body that employs law enforcement officers.

"Law enforcement officer" means any public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. [L 1993, c 106, pt of §1; am L 2010, c 54, §4; am L 2022, c 278, §17]
Haw. Rev. Stat. § 323F-3.5 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-3.5
Regional system boards.
Status: in_force

(a) There is hereby established a regional system board of directors to govern each of the five regional systems specified in section 323F-2, no later than January 1, 2008. The regional system boards of directors shall carry out the duties and responsibilities as set forth in this chapter and as further delegated by the corporation.

(b) Upon its establishment, a regional system board shall assume custodial care of all financial assets, real property, including land, structures, and fixtures, or other physical assets, such as personal property, including furnishings, equipment, and inventory, of the corporation within its regional system. No sale or encumbrance of any such real property or such other financial assets, physical assets of the corporation shall be permitted without the mutual consent of the Hawaii health systems corporation board and the appropriate regional system board. No additional debts or liabilities or superior debts shall be added by the corporation to any regional system board that would negatively impact the holders of bond notes. Each regional system board shall be liable for any liabilities arising from financial assets, real or personal property in its custodial care.

(c) Each regional system shall be governed by a regional system board of directors to consist of not less than seven members and not more than fifteen members, as determined by the regional system board after the initial regional system board is established.

(1) Each regional system board shall initially consist of twelve members to be appointed by the governor under section 26-34 or as provided in this section, as follows:

(A) Four members shall be appointed by the governor within thirty days of receipt of a qualified list of candidates as follows:

(i) Two members shall be chosen from a list of four individuals submitted by the speaker of the house of representatives within fifteen days of July 1, 2007; provided that this list shall not include physicians; and

(ii) Two members shall be chosen from a list of four individuals submitted by the president of the senate within fifteen days of July 1, 2007; provided that this list shall not include physicians;

(B) Four members shall be appointed by the governor within thirty days from a list of eight individuals nominated by the regional public health facility management advisory committee within fifteen days of July 1, 2007. These individuals may be medical and health care providers and professionals, consumers, and knowledgeable individuals in other appropriate areas such as business, finance, and law; provided that these individuals shall not be physicians currently in active practice;

(C) Three physicians shall be appointed by the governor within thirty days from a list submitted within fifteen days of July 1, 2007, of six physicians nominated by a majority vote of the medical staff of the public health facilities in the regional system present at a duly noticed meeting from a list of qualified candidates submitted by the medical executive committees in the regional system; and

(D) The corporation board chairperson or chairperson's designee shall serve as an ex officio, nonvoting member of each regional system board;

(2) One member of each regional system board nominated by the speaker of the house of representatives, the president of the senate, and medical executive committees in a regional system shall be appointed for a term of two years;

(3) One member of each initial regional system board nominated by the regional public health facility management advisory committee for the regional system shall be appointed for a term of two years;

(4) The remaining members of each initial regional system board and all members appointed thereafter shall be appointed for terms of three years; and

(5) New regional system board members appointed to any regional system board after the initial regional system board shall be selected by a two-thirds affirmative vote of the existing regional system board members.

Except for the ex officio members of each regional system board, all other members of a regional system board shall be residents of the region. Each regional system board shall elect its own chair.

(d) Each regional system board shall:

(1) Be responsible for local governance, operations, and administration of the delivery of services in its respective regional system as set forth in this chapter and as further delegated by the corporation;

(2) Include medical and health care providers and professionals, consumers, and knowledgeable individuals in other appropriate areas, such as business, finance, and law; provided that no more than three members of the regional system board shall be physicians;

(3) Be as balanced and representative of the community stakeholders as possible; and

(4) Have the powers, duties, and responsibilities that are specific to the regional system board as provided in this chapter.

(e) Any member of a regional system board may be removed for cause by the governor or for cause by vote of a two-thirds majority of the regional system board's voting members then in office. For purposes of this section, "cause" shall include without limitation:

(1) Malfeasance in office;

(2) Persistent failure to attend regularly called meetings;

(3) Sentencing for conviction of a felony, to the extent allowed by section 831-3.1; or

(4) Any other cause that may render a member incapable of discharging or unfit to discharge the duties required under this chapter. [L 2007, c 290, pt of §2; am L 2009, c 182, §10]

Revision Note

"July 1, 2007" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 327-26 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-26
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et. seq., but shall not modify, limit, or supersede section 101(a) of that Act, 15 United States Code section 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 United States Code section 7003(b).
Haw. Rev. Stat. § 325-72 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-72
Examination of sputum.
Status: in_force

The bacteriologist of the department of health, when so requested by any physician, or by the authorities of any hospital or dispensary, shall make, or cause to be made, a microscopical examination of the sputum forwarded to the bacteriologist as that of a person having symptoms of tuberculosis, which shall be forwarded to the officer accompanied by a blank giving name, age, sex, nationality, occupation, place where last employed, if known, and address of the person whose sputum it is. The bacteriologist shall promptly make a report of the results of the examination, free of charge, to the physician or person upon whose application the same is made.
Haw. Rev. Stat. § 329B-7 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-7
Remedies.
Status: in_force

[(a)] Any person, agency, or entity that wilfully and knowingly violates any provision of this chapter shall be fined not less than $1,000 but not more than $10,000 for each violation as set by the department, plus reasonable court costs and attorney's fees as determined by the court, which penalty and costs shall be paid to the aggrieved person. This subsection shall not be construed as limiting the right of any person or persons to recover actual damages.

(b) In addition to any other enforcement mechanism allowed by law, any person, agency, or entity that commits, or proposes to commit, any act in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunctive relief under this subsection may be brought by any aggrieved person that will fairly and adequately represent the interests of the protected class. [L 1990, c 236, pt of §1]
Haw. Rev. Stat. § 329-39.5 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-39.5
Opioid warning label.
Status: in_force

In addition to any requirements for labeling of drugs under part I of chapter 328, part III of this chapter, and any other requirement for labeling of prescription drugs pursuant to state or federal law, a health care professional or pharmacist who dispenses any opioid drug shall include on the drug's package a warning label that contains wording substantially similar to the following warning:

"Caution: Opioid. Risk of overdose and addiction."
Haw. Rev. Stat. § 342G-113 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-113
Redemption of empty deposit beverage containers.
Status: in_force

(a) Except as provided in subsection (b), a dealer shall:

(1) Operate a redemption center by July 1, 2005, and shall accept all types of empty deposit beverage containers with a Hawaii refund value;

(2) Pay to the redeemer the full refund value for all deposit beverage containers that bear a valid Hawaii refund value; and

(3) Ensure each deposit beverage container collected is recycled, and forward documentation necessary to support claims for payment as stated in section 342G-119 or rules adopted under this part.

(b) Subsection (a) shall not apply to any dealer:

(1) Who is located in a high density population area as defined by the director in rules, and within two miles of a certified redemption center that is operated independently of a dealer;

(2) Who is located in a rural area as defined by rule;

(3) Who subcontracts with a certified redemption center to be operated on the dealer's premises;

(4) Whose sales of deposit beverage containers are only via vending machines;

(5) Whose place of business is less than five thousand square feet of interior space;

(6) Who can demonstrate physical or financial hardship, or both, based on specific criteria established by rule; or

(7) Who meets other criteria established by the director.

Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while ensuring adequate consumer convenience.

(c) Regardless of the square footage of a dealer's place of business, dealers who are not redemption centers shall post a clear and conspicuous sign at the primary public entrance of the dealer's place of business that specifies the name, address, and hours of operation of the closest redemption center locations.

(d) If there is no redemption center within the two-mile radius of a dealer due to the criteria described in subsection (b), then the respective county and the State shall determine the need for a redemption center in that area. If a redemption center is deemed necessary, then the State, with assistance from the county, shall establish the redemption center with funding from the deposit beverage container deposit special fund.

(e) Businesses that sell deposit beverages for on-premises consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and either use a certified redemption center for the collection of containers or become a certified redemption center. [L 2002, c 176, pt of §2; am L 2004, c 241, §7; am L 2005, c 206, §3]
Haw. Rev. Stat. § 342H-4 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-4
Permits; procedures for.
Status: in_force

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

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

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

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

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

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

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

(4) Such is in the public interest.

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

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

(e) No applicant for a modification or renewal of a permit shall be held in violation of this chapter during the pendency of the applicant's application provided that the applicant acts consistently with the permit previously granted, the application and all plans, specifications, and other information submitted as a part thereof. [L 1989, c 212, pt of §4; am L 1990, c 298, §7; am L 1992, c 245, §3; am L 1993, c 190, §6]
Haw. Rev. Stat. § 342B-42 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-42
Enforcement.
Status: in_force

(a) If the director determines that any person has violated or is violating this chapter, any rule adopted pursuant to this chapter, or any permit issued or variance granted pursuant to this chapter, the director shall serve written notice by certified mail or personal service upon the alleged violator or violators specifying the alleged violation and may include with the notice:

(1) An order specifying a reasonable time during which that person shall be required to take such measures as may be necessary to correct the violation and to give periodic progress reports;

(2) An order imposing penalties provided in section 342B-48; and

(3) An order that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice or to be set later and answer the charges complained of.

(b) If the director determines that any person is continuing to violate this chapter, any rule adopted, permit issued, or variance granted pursuant to this chapter after having been served notice of violation, the director shall serve written notice by certified mail or personal delivery upon the alleged violator or violators specifying the alleged violation. With the notice the director:

(1) Shall order the alleged violator or violators to submit a written schedule within thirty days specifying the measures to be taken and the time within which the measures shall be taken to bring that person into compliance with this chapter, any rule adopted, permit issued, or variance granted pursuant to this chapter. The director shall accept or modify the submitted schedule within thirty days of receipt of the schedule. Any schedule not acted upon after thirty days of receipt by the director shall be deemed accepted by the director;

(2) Shall order the alleged violator or violators to cease and desist from the activities that violate this chapter, any rule adopted, permit issued, or variance granted pursuant to this chapter, if that person does not submit a written schedule to the director within thirty days. This order shall remain in effect until the director accepts the written schedule;

(3) May impose penalties as provided in section 342B-48; and

(4) May order the alleged violator or violators to appear before the director for a hearing at a time and place specified in the notice or to be set later and answer the charges complained of.

(c) If the director determines that any person has violated an accepted schedule or an order issued pursuant to this section, the director shall impose penalties by sending a notice in writing, either by certified mail or by personal service, to that person, describing such nonadherence or violation with reasonable particularity.

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

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

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

(1) Notice was given;

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

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid.

(g) In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties. [L 1992, c 240, pt of §1; am L 1993, c 208, §7; am L 1995, c 180, §2]
Haw. Rev. Stat. § 327-39 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-39
Immunity from liability.
Status: in_force

A person or public or private agency shall not be liable for any damage or subject to criminal prosecution for any act done pursuant to and in compliance with this part.
Haw. Rev. Stat. § 342E-1 — HI Code / Division 1 / Title 19 / Chapter 342E / Section 342E-1
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Department" means the department of health.

"Director" means the director of health.

"Nonpoint source pollution" means water pollution that does not originate from a point source.

"Person" means any individual, partnership, firm, association, public or private corporation, federal agency, the State or a county, trust, estate, or any other legal entity.

"Point source pollution" means pollution from any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

"Pollution" means water pollution.

"Program" means the nonpoint source pollution management and control program established within the department pursuant to this chapter.

"State waters" means all waters, fresh, brackish, or salt, around and within the State including, but not limited to, coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, groundwaters, and lakes; provided that drainage ditches, canals, ponds, wetlands, and reservoirs required as a part of a water pollution control system or an irrigation system are excluded. [L 1993, c 345, pt of §2]
Haw. Rev. Stat. § 329-15 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-15
Schedule II tests.
Status: in_force

A substance shall be placed in schedule II if it has a high degree of danger or probable danger according to the determination made pursuant to section 329-11.
Haw. Rev. Stat. § 342H-2.5 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-2.5
Department of health; delegation of enforcement powers.
Status: in_force

The department, pursuant to rules adopted in accordance with chapter 91, may delegate to agencies of the various counties the powers or authority vested in the department to investigate alleged violations of section 342H-30(c).
Haw. Rev. Stat. § 342D-86 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-86
Revolving fund; fees, interest, and investment on accounts.
Status: in_force

(a) The director may establish fees for loans, loan and bond guarantees, debt purchase and refinancing, interest rate subsidies, and other credit enhancement or liquidity support issued or provided through the revolving fund.

(b) The director shall adopt rules pursuant to chapter 91 for the purposes of this part, including fees for loans and other financial assistance, and penalties for default of loan and other financial assistance repayments.

(c) If established, fees shall cover the costs of current activities, including the issuance of loans and other financial assistance, monitoring of loans and other financial assistance repayments and conditions, technical review of the planning and design documents, monitoring of construction activities, conducting operation and maintenance inspections of wastewater facilities, and other activities of the revolving fund pursuant to Title 33 United States Code sections 1381 to 1387.

(d) All moneys collected as fees shall be deposited into an administrative expense account or accounts as needed to comply with Title 33 United States Code section 1383(d)(7) and shall be used exclusively to support the activities of the revolving fund.

(e) Moneys in the revolving fund shall be placed in interest bearing investments or otherwise invested at the discretion of the director until such time as the moneys may be needed. All interest accruing from the investment of these moneys shall be credited to the revolving fund; provided that moneys which are pledged as security for payment of revenue bonds may be invested as provided in section 342D-91. [L 1997, c 221, pt of §1]
Haw. Rev. Stat. § 321-93 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-93
Home health services; source of funds; disposition of receipts.
Status: in_force

(a) All moneys to provide ancillary paramedical services, professional nursing care, physiotherapy, occupational therapy, speech and hearing therapy, medical social services, and home health aide services under the home health services program shall be allocated by the legislature through appropriations out of the state general fund.

(b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this part.

(c) All moneys received by the department from charges and fees for services rendered under this part shall be deposited to the credit of the state general fund. [L 1966, c 23, pt of §2; HRS §321-93; am L 1993, c 280, §37]
Haw. Rev. Stat. § 334-148 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-148
Application.
Status: in_force

Notwithstanding any other law to the contrary, this part shall apply to all petitions filed by family members seeking involuntary outpatient commitment of the respondent with substance abuse as the primary diagnosis.
Haw. Rev. Stat. § 323- — HI Code / Division 1 / Title 19 / Chapter 323 / Section 323-
[ § 323- 4] Organized ambulatory health care facilities.
Status: repealed

[ § 323- 4] Organized ambulatory health care facilities. [Section repealed June 30, 2028. L 2025, c 92, §6.] (a) A physician practicing at an organized ambulatory health care facility shall not be required to have hospital privileges at a licensed hospital in the same geographical location as the organized ambulatory health care facility.

(b) This section shall apply to counties with populations of less than five hundred thousand.

(c) For purposes of this section, "organized ambulatory health care facility" has the same meaning as defined in section 323D-2. [L 2025, c 92, §2]
Haw. Rev. Stat. § 342D-57 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-57
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. § 329D-5.5 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-5.5
[ §329D-5.
Status: in_force

[ §329D-5.5] Sale or transfer of dispensary license. (a) In the event of death, legal incapacity, or permanent disability of an individual dispensary licensee, the relevant entity licensee shall notify the department within thirty days of the individual licensee's inability to continue in the individual's capacity as a licensee, and shall provide to the department within thirty days of the notice a plan for the sale or transfer of the individual license to another individual who meets all the requirements under this chapter and has been a resident of the State for not less than five years preceding the proposed date of transfer.

(b) In the event of a voluntary resignation by an individual licensee, termination of an individual licensee's employment with an entity licensee with or without cause, or any other permanent separation of the relationship between an individual licensee and an entity licensee, the relevant entity licensee shall submit a plan to the department for approval at least thirty days prior to any sale or transfer of the individual license to another individual who shall meet all the requirements under this chapter and shall have been a resident of the State for not less than five years preceding the date of transfer.

(c) The department may deny a request for transfer of ownership if it deems the transferee has failed to meet all the requirements of section 329D-3 for ownership. [L 2019, c 240, §2]
Haw. Rev. Stat. § 321C-1 — HI Code / Division 1 / Title 19 / Chapter 321C / Section 321C-1
General purpose; purpose of the office of language access.
Status: in_force

Many individuals living in Hawaii read, write, speak, and understand English. There are many individuals, however, who are limited English proficient. Language for limited English proficient persons can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by state-funded programs and activities.

The purpose of this chapter is to affirmatively address, on account of national origin, the language access needs of limited English proficient persons. It is the intent of the legislature that these services be guided by Executive Order No. 13166 and succeeding provisions of federal law, regulation, or guidance.

The purpose of the office of language access is to address the language access needs of limited English proficient persons and ensure meaningful access to services, programs, and activities offered by the executive, legislative, and judicial branches of state government, including departments, offices, commissions, boards, or other agencies, and all covered entities, for limited English proficient persons. [L 2012, c 201, pt of §2]
Haw. Rev. Stat. § 328-24 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-24
Furnishing of samples to director.
Status: in_force

(a) If any person manufacturing, keeping for sale, exhibiting for sale, or offering for sale any food, drug, device, or cosmetic included in this part refuses to furnish the duly appointed director of health or any of the director's agents, upon demand, either personal or in writing, a sample sufficient for the analysis of the food, drug, device, or cosmetic, which is in the person's possession, such refusal shall be prima facie evidence that the food, drug, device, or cosmetic so manufactured, kept for sale, exhibited for sale, or offered for sale is adulterated within the meaning of this part.

(b) A sample of any product covered under this section that is known to be or suspected of being contaminated shall be furnished upon request to the director or any of the director's agents at no cost to the department.

The director or agent securing a sample under this section from any retailer or wholesaler or any person other than the manufacturer shall, prior to leaving the premises, provide the establishment with a receipt describing the sample obtained. The receipt may be used for reimbursement from the appropriate supplier or manufacturer. [L 1941, c 318, §21; RL 1945, §2225; RL 1955, §51-25; am L Sp 1959 2d, c 1, §19; HRS §328-24; am L 1985, c 144, §2; gen ch 1985]
Haw. Rev. Stat. § 326-38 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-38
Sheriff, powers.
Status: in_force

The sheriff may appoint and dismiss and reappoint as many police officers as may be authorized by the department of health for the county. Patient residents, for the services rendered as police officers, shall receive pay as the department determines and which pay shall be taken out of and from the appropriation made by the legislature for the care and treatment of persons affected with Hansen's disease. The sheriff shall have other powers and duties within the county of Kalawao and appropriate thereto as are prescribed by law for the chiefs of police or police officers of the several counties respectively.
Haw. Rev. Stat. § 338-44 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-44
Renumbered as §338-43.
Status: in_force

§338-44 Renumbered as §338-43.
Haw. Rev. Stat. § 321-603 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-603
Class B firefighting foam; prohibited items.
Status: in_force

(a) Beginning July 1, 2024, it shall be unlawful for any person or state or county department or agency to discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally introduced PFAS chemicals, unless the use is necessary for effective suppression of a petroleum fire.

(b) Beginning July 1, 2024, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for training or testing purposes in the State any class B firefighting foam that contains intentionally introduced PFAS chemicals.

(c) This section shall not apply to the manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS chemicals is required by federal law or regulations; provided that if applicable federal law or regulations are amended after July 1, 2022, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, the department may adopt rules that restrict PFAS chemicals for the manufacture, sale, and distribution of firefighting foam for uses that are addressed by the federal law or regulation. [L 2022, c 152, pt of § 2]

Revision Note

"July 1, 2022," substituted for "the effective date of this Act" pursuant to §23G-15.
Haw. Rev. Stat. § 342D-106 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-106
Reporting requirements.
Status: in_force

(a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation of section 342D-102 shall immediately report that discharge to the department. The report shall not be deemed to be privileged information.

(b) Before operating a commercial passenger vessel in the marine waters of the State, the owner or operator of the vessel shall provide to the department a plan that describes the vessel's policies and procedures for:

(1) Offloading in the State or disposing into the marine waters of the State of nonhazardous solid waste other than sewage; and

(2) Offloading of hazardous waste or a hazardous substance from the vessel while the vessel is operating in the marine waters of the State to the extent that the offloading is not covered by subsection (d).

(c) Within twenty-one days after the testing required under section 342D-104(d), the owner or operator of a commercial passenger vessel shall submit a written report to the department that contains the measurements required under section 342D-104(d) and describes the sampling technique and analytical testing methods used. The information in the report required under this subsection may be provided by referring to, and including copies of, other reports that are required by substantially equivalent state or federal reporting requirements. The department shall establish, by rule, requirements for determining substantially equivalent information gathering.

(d) If the owner or operator of a commercial passenger vessel operating in the marine waters of the State is required by the laws of the United States to file a report or provide notice of a discharge or offloading of a hazardous waste or hazardous substance that was generated, discharged, or offloaded while the vessel was operating in the marine waters of the State, the owner or operator shall submit to the department a copy of the report or notice within twenty-one days after having provided the report or notice to an agency of the United States.

(e) If the owner or operator of a commercial passenger vessel operating in the marine waters of the State is required by the administrator of the Environmental Protection Agency or the secretary of the federal department in which the United States Coast Guard is operating to collect samples and test sewage or opacity of air emissions and keep records of the sampling and testing, then the owner or operator, within twenty-one days after the sewage or opacity of air emissions is tested, shall submit to the department a copy of the records.

(f) Upon request of the department, the information required under this section shall be submitted electronically.

(g) This section does not relieve the owner or operator of a commercial passenger vessel from other applicable reporting requirements of state or federal law.

(h) The requirements of this section are subject to alternative terms and conditions established under section 342D‑111. [L 2005, c 217, pt of §1]
Haw. Rev. Stat. § 321-27.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-27.5
Audit of sanitation branch.
Status: in_force

The department shall perform annual audits of the sanitation branch to be completed by November 30 of each year, and shall include an audit of:

(1) Fees collected;

(2) The number and results of sanitation inspections;

(3) The number of training seminars held; and

(4) The cost of training personnel in the sanitation branch. [L 1997, c 334, pt of §1]
Haw. Rev. Stat. § 328-4 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-4
Same; antiseptic, germicide; new drug; contamination.
Status: in_force

(a) The representation of a drug, in its labeling, or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.

(b) "New drug" means (1) any drug the composition of which is such that the drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (2) any drug the composition of which is such that the drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions.

(c) "Contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations. [L 1941, c 318, pt of §2; RL 1945, §2204; RL 1955, §51-4; am L 1967, c 152, §2; HRS §328-4]
Haw. Rev. Stat. § 342D-93 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-93
Trust indenture.
Status: in_force

(a) Any trust indenture entered into by the director may contain covenants and provisions as authorized by part III of chapter 39, and approved by the director of finance, as deemed necessary, advisable, or expedient by the director for the purposes of this part.

(b) A trust indenture may also contain provisions deemed necessary, advisable, or expedient by the director to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the water pollution control loan program or in the financing of the costs of administering, operating, or maintaining the water pollution control loan program to which such trust indenture relates. [L 1997, c 221, pt of §1]
Haw. Rev. Stat. § 338-11.5 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-11.5
[ §338-11.
Status: in_force

[ §338-11.5] New certificates of marriage; issuance; gender and sex identifiers. (a) The department of health shall allow any person who possesses a valid certificate of marriage that has been filed with the department and that includes gender and sex identifiers for the person that differ from the person's changed gender and sex identifiers and, if applicable, changed name, to apply for a new certificate of marriage; provided that the department shall require the applicant to submit the following:

(1) An application for a new certificate of marriage providing the applicant's requested:

(A) Designation as "bride", "groom", "partner", or "spouse"; and

(B) Name, if applicable;

(2) A copy of one of the following documents:

(A) The applicant's new certificate of birth reflecting the applicant's change of gender and sex identifier;

(B) A government-issued identification document reflecting the applicant's change of gender and sex identifier, including any change of gender accomplished by an order of any court of any state or territory of the United States, the District of Columbia, or any foreign court; or

(C) An affidavit attesting, under penalty of perjury, that the request for a change of the designation of the applicant as "bride", "groom", "partner", or "spouse" is to conform to the applicant's gender identity and is not made for any fraudulent purpose;

(3) If the applicant requests that the new certificate of marriage reflect a different name for the applicant than what is provided on the original certificate of marriage, a certified copy of the applicant's change of name order obtained under section 574-5(a)(1) or (5), including a certified English translation, if applicable; and

(4) A notarized letter from the current non-applicant spouse consenting to the changes to be made to the original certificate of marriage; provided further that the notarized letter shall substantially contain the following language:

"I, (non-applicant spouse's full name), stipulate to an issuance of a new certificate of marriage for myself that reflects my spouse's legal gender, sex, and, if applicable, name."

(b) Each new certificate of marriage issued pursuant to this section shall:

(1) Reflect the applicant's changed:

(A) Designation as "bride", "groom", "partner", or "spouse"; and

(B) Name, if applicable; and

(2) Replace the original certificate of marriage.

(c) No new certificate of marriage issued pursuant to this section shall:

(1) Be marked as amended; or

(2) Reveal the language of the original certificate of marriage that was changed.

(d) The department of health shall establish fees pursuant to chapter 91 to be paid for the issuance of a new certificate of marriage pursuant to this section.

(e) Upon receipt of the documents submitted pursuant to subsection (a) and the applicant's payment of the fees established pursuant to subsection (d), the department of health shall:

(1) Issue to the applicant a new certificate of marriage; and

(2) Seal and file any documents evidencing the preparation of the new certificate of marriage, including the original certificate of marriage; provided that these documents shall only be opened pursuant to an order of any court of competent jurisdiction within a state, territory, or possession of the United States, or by request of the marriage registrant.

(f) The department of health shall issue a new certificate of marriage to any applicant who satisfies the requirements of this section regardless of the date of the applicable marriage. [L 2023, c 179, §2]
Haw. Rev. Stat. § 323D-72 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-72
Acquisition of hospital.
Status: in_force

(a) No person shall engage in the acquisition of a hospital without first:

(1) Applying for and receiving the approval of the agency; and

(2) Notifying the attorney general and, if applicable, receiving approval from the attorney general pursuant to this part.

(b) Any person not required to obtain the approval of the agency under this part shall give the attorney general at least ninety days prior notice of an impending acquisition, during which time the attorney general may take any necessary and appropriate action consistent with general duties of oversight with regard to the conduct of charities, if applicable. The notice shall briefly describe the impending acquisition, including any change in ownership of tangible or intangible assets.

(c) The application shall be submitted to the agency and the attorney general on forms provided by the agency and shall include:

(1) The name of the seller, the name of the purchaser, and the names of other parties to an acquisition;

(2) The terms of the proposed agreement;

(3) The sale price;

(4) A copy of the acquisition agreement;

(5) A financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under the criteria set forth in section 323D-76; and

(6) All other related documents.

A copy of the application and copies of all additional related materials shall be submitted to the agency and to the attorney general at the same time. The applications and all related documents shall be considered government records. [L 1998, c 257, pt of §1; am L 2001, c 69, §2]
Haw. Rev. Stat. § 340B-8 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-8
Prohibited acts.
Status: in_force

It shall be unlawful:

(1) For any wastewater treatment plant to be operated unless the operator is duly certified under this chapter;

(2) For any individual to perform the duties of an operator without being duly certified under this chapter. [L 1978, c 169, pt of §2]
Haw. Rev. Stat. § 338-13 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-13
Certified copies.
Status: in_force

(a) Subject to the requirements of sections 338-16, 338-17, and 338-18, the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof.

(b) Copies of the contents of any certificate on file in the department, certified by the department shall be considered for all purposes the same as the original, subject to the requirements of sections 338-16, 338-17, and 338-18.

(c) Copies may be made by photography, dry copy reproduction, typing, computer printout or other process approved by the director of health. [L 1949, c 327, §17; RL 1955, §57-16; am L Sp 1959 2d, c 1, §19; HRS §338-13; am L 1978, c 49, §1]
Haw. Rev. Stat. § 342G-28 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-28
Facility permitting.
Status: in_force

Permitting shall be performed pursuant to chapter 342H.
Haw. Rev. Stat. § 342P-41 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-41
Powers and duties; specific.
Status: in_force

The director may:

(1) Establish emission and lead hazard exposure standards for the State as a whole or for any part thereof, including an indoor nonoccupational exposure standard;

(2) Establish a model accreditation program as recommended by the United States Environmental Protection Agency for training for provider certification and accreditation requirements;

(3) Establish work practice standards and notification requirements for the demolition and renovation of facilities containing asbestos and for lead-based abatement activities in dwellings and child-occupied facilities; and

(4) Establish procedures for issuance of reasonable fees for notifications, certifications, and licenses. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
Haw. Rev. Stat. § 328-112 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-112
Definitions.
Status: in_force

As used in this part:

"Blood" means whole blood collected from a single donor and processed either for transfusion or for further manufacturing.

"Blood component" means that part of blood separated by physical or mechanical means.

"Common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, by voting rights, by contract, or otherwise.

"Department" means the department of health except when otherwise provided.

"Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug.

"Manufacturer" means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling a prescription drug.

"Prescription drug" means any human drug required by federal or state statutes, regulations, or rules to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to section 328-16 or to section 503(b) of the federal Food, Drug, and Cosmetic Act.

"Wholesale distribution" means the distribution of prescription drugs to persons other than a consumer or patient, but does not include:

(1) Intracompany sales, defined as any transaction or transfer between an entity and any division, subsidiary, parent, or affiliated or related company under common ownership and control;

(2) The purchase or other acquisition, by a hospital or other health care entity that is a member of a group purchasing organization, of a drug for the entity's own use, from the group purchasing organization or from other hospitals or health care entities that are members of the group purchasing organization;

(3) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended, to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

(4) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control;

(5) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons; for purposes of this definition the term "emergency medical reasons" includes, but is not limited to, transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage, except that the gross dollar value of such transfers shall not exceed five per cent of the total prescription drug sales revenue of either the transferor or transferee pharmacy during any period of twelve consecutive months;

(6) The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a drug, or the dispensing of a drug, pursuant to a prescription;

(7) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or

(8) The sale, purchase, or trade of blood and blood components intended for transfusion.

"Wholesale distributor" means any person or entity engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers; repackers; own-label distributors; jobbers; private label distributors; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; prescription drug repackagers; physicians; dentists; veterinarians; birth control and other clinics; individuals; hospitals; nursing homes and their providers; health maintenance organizations and other health care providers; and retail and hospital pharmacies that conduct wholesale distributions. The term "wholesale distributor" shall not include any carrier for hire or person or entity hired solely to transport prescription drugs. [L 1992, c 196, pt of §2]
Haw. Rev. Stat. § 338-8 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-8
Compulsory registration of deaths and fetal deaths.
Status: in_force

A certificate of every death or fetal death shall be filed with the department of health in Honolulu or with the local agent of the department of health in the district in which the death or fetal death occurred or a dead body was found within three days after the death or fetal death occurred or the dead body was found. In every instance, a certificate shall be filed prior to interment or other disposition of the body.
Haw. Rev. Stat. § 325-19 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-19
Rubella testing of pregnant women.
Status: in_force

Every person permitted by law to attend a pregnant woman in the State, during the period of gestation or at delivery, shall cause a blood specimen from that woman to be tested for immunity to rubella, except when the woman does not consent or there is documentation that the woman has been tested previously for immunity to rubella or has been immunized against rubella.
Haw. Rev. Stat. § 323F-2 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-2
Hawaii health systems corporation.
Status: in_force

(a) There is established the Hawaii health systems corporation, which shall be a public body corporate and politic and an instrumentality and agency of the State. The corporation shall be placed within the department of health for the administrative purposes specified in section 26-35(a)(6) only.

(b) The corporate organization shall be divided into five regional systems, as follows:

(1) The Oahu regional health care system, which may include the state veterans home on Maui;

(2) The Kauai regional health care system;

(3) The Maui regional health care system;

(4) The east Hawaii regional health care system, comprising the Puna district, north Hilo district, south Hilo district, Hamakua district, and Kau district; and

(5) The west Hawaii regional health care system, comprising the north Kohala district, south Kohala district, north Kona district, and south Kona district;

and shall be identified as regional systems I, II, III, IV, and V, respectively. [L 1996, c 262, pt of §2; am L 2004, c 16, §5; am L 2007, c 290, §18; am L 2021, c 212, §2; am L 2024, c 99, §2; am L 2025, c 62, §2(1)]
Haw. Rev. Stat. § 325-134 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-134
Assessments.
Status: in_force

(a) The director shall determine immunization assessment rates as follows:

(1) Provide estimated child immunization costs and estimated adult immunization costs, not covered by the vaccines for children program or any of its successors, for the succeeding fiscal year no later than ninety days before the commencement of each state fiscal year;

(2) Add estimates to cover the department's operating costs for the program;

(3) Add a reserve of up to ten per cent of the sum of the preceding fiscal year's program costs and for unanticipated costs;

(4) Add a working capital reserve in such amount as may be reasonably determined by the director;

(5) Subtract or add the amount of any surplus or deficit in the fund, including any net investment income earned, as of the end of the preceding state fiscal year; and

(6) Calculate the immunization assessment rates as a per-child covered life per month and per-adult covered life per month amount to be self-reported and paid by all assessed entities by dividing the annual amount determined in accordance with paragraphs (1) through (5) by the number of children and adults, respectively, projected to be covered by the assessed entities during the succeeding program year, divided by twelve.

(b) No later than forty-five days following the close of each state fiscal year, the department shall provide an accounting of immunization purchase funds not covered by any state or other program to determine the final amount needed to cover the prior fiscal year.

Unless determined by the director, any assessed entity that would otherwise be responsible for reimbursement to any provider for any immunization administration shall be responsible for reporting the child covered life and adult covered life and for payment of the corresponding assessment to the department. The department shall establish by rule the frequency, schedule, and methodology of the assessments that the assessed entities shall be subject to.

(c) At any time after one full calendar year of operation under subsections (a) and (b), the director may make changes to the assessment collection mechanism. Any changes shall be reflected in an updated plan of operation available to the public.

(d) If an assessed entity has not paid in accordance with this section, interest shall accrue at one per cent per month, compounded monthly on or after the due date.

(e) The director may determine an interim assessment for new immunizations or public health emergencies and shall calculate a supplemental interim assessment using the methodology outlined under subsection (a) for regular assessments, but payable within forty-five days of the interim assessment notice. The director shall not impose more than one interim assessment per year, except in the case of a public health emergency declared in accordance with federal or state law.

(f) For purposes of assessments, medical loss ratio calculations, and reimbursement by plan sponsors, all association assessments shall be considered pharmaceutical or medical benefit costs and not regulatory or administrative costs.

(g) If the department discontinues operation of the program for any reason, any unexpended assessments, including unexpended funds from prior assessments in the universal immunization purchase special fund, shall be refunded to assessed entities in proportion to the current fiscal year's assessment rate. [L 2025, c 175, pt of §2]
Haw. Rev. Stat. § 326-40 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-40
Kalaupapa; policy on residency.
Status: in_force

The legislature finds that Hawaii's Hansen's disease victims have in many ways symbolized the plight of those afflicted with this disease throughout the world. Their sufferings and social deprivations helped eventually to bring the story of the disease and an understanding of its health ravages to people everywhere. Those patients who settled in Kalaupapa remain a living memorial to a long history of tragic separation, readjustment, and endurance.

It is the policy of the State that the patient residents of Kalaupapa shall be accorded adequate health care and other services for the remainder of their lives. Furthermore, it is the policy of the State that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as that patient may choose, regardless of whether or not the patient has been successfully treated. A patient resident of Kalaupapa desiring to take leave may do so without loss of financial allowance or coverage of health care costs given those who remain at Kalaupapa. [L 1977, c 25, §2; am L 1981, c 185, §19; am L 1985, c 250, §17; am L 1992, c 156, §8]
Haw. Rev. Stat. § 342B-34 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-34
Exceptions.
Status: in_force

This part does not apply to open burning and fugitive dust which shall be regulated by rules adopted by the department.
Haw. Rev. Stat. § 338-9 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-9
Filing and preparation of death and fetal death certificates.
Status: in_force

(a) The person in charge of the disposition of the body shall file with the department of health in Honolulu or with the local agent of the department of health in the district in which the death or fetal death occurred, or a dead body was found, a certificate of death or fetal death within three days after the occurrence, except that reports of intentional terminations of pregnancy performed in accordance with section 453-16 may be deferred for up to one month.

(b) In preparing a certificate of death or fetal death the person in charge of the disposition of the body shall:

(1) Obtain and enter on the certificate the personal data and other information pertaining to the deceased person required by the department from the person best qualified to supply them;

(2) Present the certificate of death to the physician, physician assistant, or advanced practice registered nurse last in attendance upon the deceased, or to the coroner's physician, who shall thereupon certify the cause of death to the physician's, physician assistant's, or advanced practice registered nurse's best knowledge and belief, or present the certificate of fetal death to the physician, physician assistant, advanced practice registered nurse, midwife, or other person in attendance at the fetal death, who shall certify the fetal death and such medical data pertaining thereto as can be furnished; provided that fetal deaths of less than twenty-four weeks or intentional terminations of pregnancy performed in accordance with section 453-16 may be certified by a nurse or other employee based upon the physician's records; and

(3) Notify immediately the appropriate local agent, if the death occurred without medical attendance, or if the physician, physician assistant, or advanced practice registered nurse last in attendance fails to sign the death certificate. In such event the local agent shall inform the local health officer, and refer the case to the local health officer for immediate investigation and certification of the cause of death prior to issuing a permit for burial, or other disposition of the body. When the local health officer is not a physician or when there is no such officer, the local agent may complete the certificate on the basis of information received from relatives of the deceased or others having knowledge of the facts.

If the circumstances of the case suggest that the death or fetal death was caused by other than natural causes, the local agent shall refer the case to the coroner for investigation and certification.

(c) A death certificate may be filed by the next of kin and accepted by the local agent without meeting the requirements set forth above when there has been a judicial finding and declaration by a court of record that a person is dead; provided that the certificate is in a form approved by the department and has been certified by the clerk of court. [L 1949, c 327, §13; am L 1951, c 92, §3; RL 1955, §57-12; am L Sp 1959 2d, c 1, §19; am L 1965, c 113, §1; HRS §338-9; am L 1973, c 17, §6; am L 1975, c 74, §1; am L 1978, c 86, §1; am L 1981, c 113, §3; am L 2016, c 183, §4; am L 2022, c 293, §7]