Haw. Rev. Stat. § 327K-2 — HI Code / Division 1 / Title 19 / Chapter 327K / Section 327K-2
[Provider] orders for life-sustaining treatment form; execution; explanation; compliance; revocation.
Status: in_force

(a) The following may execute a form:

(1) The patient;

(2) The patient's provider; and

(3) The legally authorized representative, but only if the patient:

(A) Lacks capacity; or

(B) Has designated that the legally authorized representative is authorized to execute the form.

The patient's provider may medically evaluate the patient and, based upon the evaluation, may recommend new orders consistent with the most current information available about the individual's health status and goals of care. The patient's provider shall consult with the patient or the patient's legally authorized representative before issuing any new orders on a form. The patient or the patient's legally authorized representative may choose to execute or not execute any new form. If a patient is incapacitated, the patient's legally authorized representative shall consult with the patient's provider before requesting the patient's provider to modify treatment orders on the form. To be valid, a form shall be signed by the patient's provider and the patient, or the patient's provider and the patient's legally authorized representative. At any time, a patient, or, if incapacitated, the patient's legally authorized representative, may request alternative treatment that differs from the treatment indicated on the form.

(b) The patient's physician or a health care provider shall explain to the patient the nature and content of the form, including any medical intervention or procedures, and shall also explain the difference between an advance health-care directive and the form. The form shall be prepared by the patient's physician or a health care provider based on the patient's preferences and medical indications.

(c) Any health care provider, including the patient's physician, emergency medical services personnel, and emergency physicians shall comply with a properly executed and signed form and treat the patient according to the orders on the form; provided that compliance shall not be required if the orders on the form request medically ineffective health care or health care that is contrary to generally accepted health care standards.

(d) A patient having capacity, or, if the patient is incapacitated, the patient's legally authorized representative, may revoke a form at any time and in any manner that communicates intent to revoke. [L 2009, c 186, pt of §1; am L 2014, c 154, §4]
Haw. Rev. Stat. § 338-14.5 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-14.5
Copies of certificate; fees.
Status: in_force

The fees for certified copies of birth, marriage, divorce, or death certificates issued by the department of health shall consist of $10 for the first copy issued and $4 for each copy issued thereafter. These fees shall be collected for each single request for certified copies. All fees received for the issuance of certified copies of birth, marriage, divorce, or death certificates shall be remitted to the director of health. Upon the receipt of remittances under this section, the director of health shall deposit:

(1) $1 for each certified copy to the credit of the spouse and child abuse special fund established under section 346-7.5;

(2) $1 for each certified copy to the credit of the spouse and child abuse special account established under section 601-3.6;

(3) $1 for each certified copy to the credit of the domestic violence and sexual assault special fund established under section 321-1.3; and

(4) The remainder of the fee for each certified copy to the credit of the vital statistics improvement special fund established under section 338-14.6. [L 1994, c 232, §1; am L 1997, c 216, §§6, 13; am L 1998, c 311, §7; am L 1999, c 194, §1; am L 2005, c 142, §3; am L 2019, c 84, §3; am L 2025, c 148, §1]
Haw. Rev. Stat. § 341-2 — HI Code / Division 1 / Title 19 / Chapter 341 / Section 341-2
Definitions.
Status: in_force

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

"Council" means the environmental advisory council established in this chapter.

"Director" means the director of the office of planning and sustainable development.

"Office" means the office of planning and sustainable development. [L 1970, c 132, pt of §1; am L 2006, c 75, §12; am L 2021, c 152, §10 and c 153, §9]
Haw. Rev. Stat. § 334D-4 — HI Code / Division 1 / Title 19 / Chapter 334D / Section 334D-4
Civil immunity of third persons.
Status: in_force

(a) A person, entity, professional association, peer assistance program, diversion program, or employer who, in good faith, reports information or takes action in connection with a diversion program or peer assistance program, shall be immune from civil liability for reporting the information or taking the action.

(b) A person, entity, or organization that employs a chemically dependent nurse in connection with the nurse's rehabilitation shall be entitled to civil immunity under this section while the nurse is participating in the peer assistance program or diversion program unless the person, entity, or organization:

(1) Knows or should have known that the nurse is or was incapable of performing the job functions involved; or

(2) Fails to take reasonable precautions to monitor the nurse's job performance.

(c) Any professional association, person, entity, or employer acting under this chapter shall be presumed to have acted in good faith in actions relating to the peer assistance program or diversion program. A person alleging a lack of good faith shall have the burden of proof on this issue.

(d) The immunity provided by this section shall be in addition to other immunities provided by law and shall be liberally construed to accomplish the purpose of this chapter. [L 1993, c 106, pt of §1]
Haw. Rev. Stat. § 321-11.9 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11.9
Dental health facilities; health care facilities; use of latex gloves.
Status: in_force

All personnel working in dental health facilities or health care facilities, including all facilities listed in section 321-11(10), shall be prohibited from using latex gloves for patient care where the patient is unconscious or otherwise physically unable to communicate. Where the patient is conscious and physically able to communicate, latex gloves may be used if the patient affirmatively states that the patient is not allergic to latex.
Haw. Rev. Stat. § 329-75 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-75
Sales of products, mixtures, or preparations containing pseudoephedrine; reporting requirement for wholesalers.
Status: in_force

(a) Notwithstanding any other law to the contrary, a pharmacy or retailer may sell or distribute to a person without a prescription products containing not more than 3.6 grams per day or not more than nine grams per thirty-day period of pseudoephedrine, without regard to the number of transactions; provided that the pharmacy or retailer shall comply with the following conditions:

(1) The product, mixture, or preparation shall be sold or distributed from an area not accessible by customers or the general public, such as behind the counter or in a locked display case and where the pharmacy or retailer delivers the product directly into the custody of the person purchasing or obtaining the substances;

(2) Any person purchasing or otherwise obtaining any product, mixture, or preparation shall produce valid, government-issued identification containing the photograph, date of birth, printed name, signature, and address of the person purchasing or obtaining the substance;

(3) The pharmacy or retailer shall maintain a written or electronic log of required information for each sale of a nonprescription product containing pseudoephedrine, including:

(A) The date and time of any transaction under paragraph (2);

(B) The name, address, and date of birth of the person purchasing or obtaining the substance;

(C) The type of identification provided by the person purchasing or obtaining the substance and identification number;

(D) The agency issuing the identification used; and

(E) The name of the compound, mixture, or preparation, and the amount; and

(4) The pharmacy or retailer shall require every person purchasing or obtaining the substance to sign a written or electronic log attesting to the validity of the information. The information shall be retained by the pharmacy or retailer for a period of two years. The written or electronic log shall be capable of being checked for compliance against all state and federal laws, including interfacing with other states to ensure comprehensive compliance, and shall be subject to random and warrantless inspection by county or state law enforcement officers.

(b) Beginning January 1, 2013, before completing a sale of an over-the-counter product containing pseudoephedrine, a pharmacy or retailer shall electronically submit the information required pursuant to subsection (a) to the National Precursor Log Exchange administered by the National Association of Drug Diversion Investigators; provided that the National Precursor Log Exchange is available to pharmacies or retailers in the State without a charge for accessing the system. The pharmacy or retailer shall not complete the sale if the system generates a stop sale alert. Except in the case of negligence, wantonness, recklessness, or deliberate misconduct, any pharmacy or retailer using the electronic sales tracking system in accordance with this subsection shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection and shall be immune from liability to any third party, unless the pharmacy or retailer has violated this subsection, in relation to a claim brought for such violation.

(c) If a pharmacy or retailer selling an over-the-counter product containing pseudoephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement under this section, the pharmacy or retailer shall maintain a written log or an alternative electronic recordkeeping mechanism until such time as the pharmacy or retailer is able to comply with the electronic sales tracking requirement.

(d) A pharmacy or retailer selling an over-the-counter product containing pseudoephedrine may seek an exemption from submitting transactions to the electronic sales tracking system in writing to the administrator stating the reasons therefore. The administrator may grant an exemption for good cause shown, but in no event shall the exemption exceed one hundred eighty days. Any pharmacy or retailer that receives an exemption shall maintain a hard copy log and shall require the person purchasing or obtaining the substance to provide the information required under this section before completion of any sale. The log shall be maintained as a record of each sale for inspection by any law enforcement officer or inspector of the board of pharmacy during normal business hours.

(e) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The National Association of Drug Diversion Investigators shall forward Hawaii transaction records in the National Precursor Log Exchange to the narcotics enforcement division of the department of public safety weekly and provide real-time access to National Precursor Log Exchange information through the National Precursor Log Exchange online portal to law enforcement in the State as authorized by the narcotics enforcement division; provided that the narcotics enforcement division executes a memorandum of understanding with the National Association of Drug Diversion Investigators governing access to the information; provided further that the department of public safety narcotics enforcement division shall establish the electronic tracking system in conjunction with the State's existing narcotics tracking system beginning no later than January 1, 2015.

(e) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The National Association of Drug Diversion Investigators shall forward Hawaii transaction records in the National Precursor Log Exchange to the narcotics enforcement division of the department of law enforcement weekly and provide real-time access to National Precursor Log Exchange information through the National Precursor Log Exchange online portal to law enforcement in the State as authorized by the narcotics enforcement division; provided that the narcotics enforcement division executes a memorandum of understanding with the National Association of Drug Diversion Investigators governing access to the information; provided further that the department of law enforcement narcotics enforcement division shall establish the electronic tracking system in conjunction with the State's existing narcotics tracking system beginning no later than January 1, 2015.

(f) This system shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the pharmacy or retailer, or person purchasing or obtaining the substance, violating the quantity limits set forth in this section. The system shall contain an override function that may be used by a pharmacy or retailer selling pseudoephedrine who has a reasonable fear that imminent bodily harm will result if the sale is not completed. Each instance where the override function is used shall be logged by the system.

(g) No person shall knowingly purchase, receive, or otherwise acquire products containing more than 3.6 grams per day or more than nine grams per thirty-day period of pseudoephedrine, except that this limit shall not apply to any quantity of such product, mixture, or preparation dispensed pursuant to a valid prescription.

(h) Any person who violates subsection (g) is guilty of a class C felony.

(i) The department, by rule, may exempt other products from this section, if the administrator finds that the products are not used in the illegal manufacture of methamphetamine or other controlled substances. A manufacturer of a drug product may apply for removal of the product from this section if the product is determined by the administrator to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

(j) Notwithstanding any other provision of this chapter to the contrary, every wholesaler shall report to the administrator all sales made to any retailer, of any product, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of optical isomers, as the only active ingredient or in combination with other active ingredients. The department shall provide a common reporting form that contains at least the following information about the product, mixture, or preparation:

(1) Generic or other name;

(2) Quantity sold;

(3) Date of sale;

(4) Name and address of the wholesaler; and

(5) Name and address of the retailer.

(k) Intentional or knowing failure of a retailer or pharmacy to transmit any information as required by this section shall be a misdemeanor and shall result in the immediate suspension of that retailer's ability to sell any product, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of optical isomers as the only active ingredient or in combination with other active ingredients until authorized by the administrator. [L 2005, c 193, pt of §1; am L 2006, c 171, §3; am L 2008, c 119, §7 and c 184, §1; am L 2012, c 119, §1; am L 2013, c 48, §4 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 326-1 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-1
Establishment of facilities for the treatment and care of persons with Hansen's disease.
Status: in_force

The department of health, subject to the approval of the governor, shall establish and maintain facilities and services as are necessary for the care and treatment of persons with Hansen's disease and persons who were institutionalized for segregation by order of the department of health because of Hansen's disease.

Every such facility or service provider shall exercise every reasonable effort to effect a cure of those persons. All such persons shall be cared for as well as circumstances will permit, in accordance with accepted medical practices. Every patient shall be encouraged to take complete treatment so that prompt recovery can be attained. Isolation and treatment shall be compulsory only in those cases where, in the opinion of the department, that treatment is necessary to protect the health of the public, and the department may take such measures as may be necessary to enforce this section, including the adoption of rules pursuant to chapter 91. [L 1909, c 81, §1; RL 1925, §1183; am L 1931, c 139, §5; am imp L 1933, c 118, §2; RL 1935, §1140; RL 1945, §2401; am L 1949, c 53, §1; am L 1951, c 157, §1; am L 1953, JR 41, §5; RL 1955, §50-1; am L Sp 1959 2d, c 1, §19; HRS §326-1; am L 1969, c 152, §2; am L 1981, c 185, §3; am L 1985, c 250, §2; am L 1992, c 156, §3]
Haw. Rev. Stat. § 327C-1 — HI Code / Division 1 / Title 19 / Chapter 327C / Section 327C-1
Determination of death.
Status: in_force

(a) Except as provided in subsection (b), a person shall be considered dead if, in the announced opinion of a physician or osteopathic physician licensed under part I of chapter 453, physician or osteopathic physician excepted from licensure by section 453-2(b)(3), physician assistant licensed under chapter 453, or registered nurse licensed under chapter 457, based on ordinary standards of current medical practice, the person has experienced irreversible cessation of spontaneous respiratory and circulatory functions. Death will have occurred at the time when the irreversible cessation of the functions first coincided.

(b) In the event that artificial means of support preclude a determination that respiratory and circulatory functions have ceased, a person shall be considered dead if, in the opinion of an attending physician or osteopathic physician licensed under part I of chapter 453, or attending physician or osteopathic physician excepted from licensure by section 453-2(b)(3), and of a consulting physician or osteopathic physician licensed under part I of chapter 453, or consulting physician or osteopathic physician excepted from licensure by section 453-2(b)(3), based on ordinary standards of current medical practice, the person has experienced irreversible cessation of all functions of the entire brain, including the brain stem. The opinions of the physicians or osteopathic physicians shall be evidenced by signed statements. Death will have occurred at the time when the irreversible cessation of all functions of the entire brain, including the brain stem, first occurred. Death shall be pronounced before artificial means of support are withdrawn and before any vital organ is removed for purposes of transplantation.

(c) When a part of a donor is used for direct organ transplantation under chapter 327, and the donor's death is established by determining that the donor experienced irreversible cessation of all functions of the entire brain, including the brain stem, the determination shall only be made under subsection (b). The determination of death in all other cases shall be made under subsection (a). The physicians or osteopathic physicians making the determination of death shall not participate in the procedures for removing or transplanting a part, or in the care of any recipient.

(d) All death determinations in the State shall be made pursuant to this section and shall apply to all purposes, including but not limited to civil and criminal actions, any laws to the contrary notwithstanding; provided that presumptive deaths under the Uniform Probate Code shall not be affected by this section.

(e) The director of health may convene in every odd-numbered year, a committee which shall be composed of representatives of appropriate general and specialized medical professional organizations, licensed attorneys, and members of the public. The committee shall review medical practice, legal developments, and other appropriate matters to determine the continuing viability of this section, and shall submit a report of its findings and recommendations to the legislature, prior to the convening of the regular session held in each even-numbered year. [L 1978, c 248, §1; am L 1979, c 193, §1; am L 1982, c 112, §1; am L 1983, c 216, §1; am L 1984, c 189, §1; am L 1985, c 197, §1; am L 1997, c 70, §1; am L 1998, c 277, §1; am L 2009, c 11, §39 and c 151, §14]
Haw. Rev. Stat. § 328J-6 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-6
Presumptively reasonable distance.
Status: in_force

Smoking is prohibited within a presumptively reasonable minimum distance of twenty feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed or partially enclosed area where smoking is prohibited. Owners, operators, managers, employers, or other persons who own or control a place open to the public or place of employment may seek to rebut the presumption that twenty feet is a reasonable distance by submitting an application to the department. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate into the place open to the public or place of employment.
Haw. Rev. Stat. § 321-195 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-195
Annual report to the legislature.
Status: in_force

The department shall submit an annual report to the legislature detailing its progress in the implementation of the state plan for substance abuse. The report shall be submitted twenty days before the beginning of each regular session of the legislature.
Haw. Rev. Stat. § 329-123.2 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-123.2
Qualifying patient medical records; inspection and enforcement; authority.
Status: in_force

(a) The department may inspect a qualifying patient's medical records held by the physician, advanced practice registered nurse, or hospice provider who issued a written certification for the qualifying patient.

(b) The department may suspend or revoke the ability to issue a written certification for any physician, advanced practice registered nurse, or hospice provider who refuses inspection of a qualifying patient's medical records by the department pursuant to this section.

(c) The department may suspend or revoke the ability to issue a written certification for any physician, advanced practice registered nurse, or hospice provider whose medical records do not comply with the requirements of this chapter. [L 2025, c 241, §2]
Haw. Rev. Stat. § 321-343 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-343
Access to information; use of child death review information; protections.
Status: in_force

(a) Upon written request of the director, all providers of health care, social services, and state and county agencies shall disclose to the department, and those individuals appointed by the director to participate in the review of child deaths, child death review information regarding the circumstances of a child's death so that the department may conduct a multidisciplinary and multiagency review of child deaths pursuant to section 321-31 and this part. All requested disclosures shall comply with state and federal privacy statutes and regulations, including the Health Insurance Portability and Accountability Act, and the department shall not request records of any internal hospital committee, peer review committee, or quality improvement review process. The department may enter into a memorandum of agreement with hospitals regarding requests for information to be used for child death reviews.

(b) To the extent that this section conflicts with other state confidentiality and disclosure laws, this section shall prevail.

(c) Except as otherwise provided in this part, all child death review information acquired by the department during its review of child deaths pursuant to this part is confidential and may only be disclosed as necessary to carry out the purposes of this part.

(d) No individual participating in the review of a child death shall be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a multidisciplinary review. Nothing in this subsection shall be construed to prevent a person from testifying to information obtained independently of the department's request for child death review information or the multidisciplinary team's review of the child death, or which is public information, or where disclosure is required by a court of law.

(e) Child death review information held by the department as a result of child death reviews conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that child death review information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because they were provided to the department as required by this part. [L 1997, c 369, pt of §1; am L 2016, c 203, §3]
Haw. Rev. Stat. § 328E-3 — HI Code / Division 1 / Title 19 / Chapter 328E / Section 328E-3
Sale or delivery to person under eighteen.
Status: in_force

[§328E-3 Sale or delivery to person under eighteen.] No person shall knowingly sell or offer for sale, deliver or give to any person under 18 years of age, unless upon written order of such person's parent or guardian, any compound liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which will induce an intoxicated condition, as defined herein, when the seller, offeror or deliveror knows or has reason to know that such compound is intended for use to induce such condition.
Haw. Rev. Stat. § 323D-78 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-78
Revocation; hearing.
Status: in_force

If the agency receives information indicating that the acquiring person is not fulfilling the commitment to the affected community under section 323D-77, the agency shall hold a hearing upon ten days notice to the affected parties. If after the hearing the agency determines that the information is true, the department may institute proceedings to revoke the license issued to the purchaser.
Haw. Rev. Stat. § 321-312 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-312
Definition of environmentally-related illness or injury.
Status: in_force

Environmentally-related human illnesses or injuries are those designated acute or chronic adverse health effects associated with exposure to pesticides, lead, or other toxic substances determined by the director to present a threat to public health.
Haw. Rev. Stat. § 321-194 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-194
State advisory commission.
Status: in_force

The state advisory commission on drug abuse and controlled substances established in section 329-2 shall advise the director on all matters relating to substance abuse including but not limited to the preparation of the state plan for substance abuse. In addition, the advisory commission shall perform such duties and assume such responsibilities as required by federal law for the purpose of receiving federal funding.
Haw. Rev. Stat. § 328-62 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-62
Description of label.
Status: in_force

"Label" means the information required in this part to be placed on any food products by means of a stamp, stencil, or printing by machine, or by attaching to the immediate package, by sign, handbill, placard, or otherwise, the words "PREVIOUSLY FROZEN" in letter size easily seen under customary conditions of purchase.
Haw. Rev. Stat. § 327G-7 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-7
Presumption of capacity; determination of lack of capacity; recovery of capacity.
Status: in_force

(a) A principal is presumed to have capacity to make mental health care decisions and to execute or revoke an advance mental health care directive or power of attorney designating an agent. Even if the principal has an advance mental health care directive, the principal has the right to make decisions regarding mental health care or mental health treatment, so long as the principal has capacity.

(b) The fact that a principal has executed an advance mental health care directive shall not create a presumption, nor constitute evidence or an indication, that the principal is mentally incompetent or lacks capacity.

(c) This chapter shall not create a presumption concerning the intention of an individual who has not executed or who has revoked an advance mental health care directive or power of attorney.

(d) For the purposes of this chapter, the determination that a principal lacks capacity shall be made by the supervising health care provider who is a physician and one other physician or licensed psychologist after both have conducted an examination of the principal. Upon examination and a joint determination that the principal lacks capacity, the supervising health care provider shall promptly note the determination in the principal's medical record, including the facts and professional opinions that form the basis of the determination, and shall promptly notify the agent that the principal lacks capacity and that the advance mental health care directive has been invoked.

(e) The determination that a principal has recovered capacity shall be made by the supervising health care provider who is a physician. The supervising health care provider shall promptly note the recovery of capacity in the principal's medical record, and shall promptly notify the agent that the principal has recovered capacity. [L 2004, c 224, pt of §2]
Haw. Rev. Stat. § 342B-24 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-24
Action on a permit application.
Status: in_force

(a) Within sixty days of receipt of an application the department shall give the applicant written notice that the application is complete, or give the applicant written notice of incompleteness outlining additional information requirements.

(b) The department shall take final action on each permit application within eighteen months after the application is determined or deemed to be complete, except that in each of the first three years of the permit program the department need only act on one third of the permit applications submitted during the first year of the permit program. The department may prioritize final action on applications for construction or modification.

(c) Each application for a covered source shall be subject to federal oversight.

(d) For each application for a covered source permit the director shall provide public notice, including the method by which a public hearing can be requested, and an opportunity for public comments in accordance with section 342B-13. [L 1992, c 240, pt of §1; am L 1993, c 208, §5]
Haw. Rev. Stat. § 323D-12 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-12
Health planning and development functions; state agency.
Status: in_force

(a) The state agency shall:

(1) Have as a principal function the responsibility for promoting accessibility for all the people of the State to quality health care services at reasonable cost. The state agency shall conduct such studies and investigations as may be necessary as to the causes of health care costs including inflation. The state agency may contract for services to implement this paragraph. The certificate of need program mandated under part V shall serve this function. The state agency shall promote the sharing of facilities or services by health care providers whenever possible to achieve economies and shall restrict unusual or unusually costly services to individual facilities or providers where appropriate;

(2) Serve as staff to and provide technical assistance and advice to the statewide council and the subarea councils in the preparation, review, and revision of the state health services and facilities plan;

(3) Conduct the health planning activities of the State in coordination with the subarea councils, implement the state health services and facilities plan, and determine the statewide health needs of the State after consulting with the statewide council; and

(4) Administer the state certificate of need program pursuant to part V.

(b) The state agency may:

(1) Prepare such reports and recommendations on Hawaii's health care costs and public or private efforts to reduce or control costs and health care quality as it deems necessary. The report may include, but not be limited to, a review of health insurance plans, the availability of various kinds of health insurance and malpractice insurance to consumers, and strategies for increasing competition in the health insurance field.

(2) Prepare and revise as necessary the state health services and facilities plan.

(3) Prepare, review, and revise the annual implementation plan.

(4) Assist the statewide council in the performance of its functions.

(5) Determine the need for new health services proposed to be offered within the State.

(6) Assess existing health care services and facilities to determine whether there are redundant, excessive, or inappropriate services or facilities and make public findings of any that are found to be so. The state agency shall weigh the costs of the health care services or facilities against the benefits the services or facilities provide and there shall be a negative presumption against marginal services.

(7) Provide technical assistance to persons, public or private, in obtaining and filling out the necessary forms for the development of projects and programs.

(8) Prepare reports, studies, and recommendations on emerging health issues, such as medical ethics, health care rationing, involuntary care, care for the indigent, and standards for research and development of biotechnology and genetic engineering.

(9) Conduct such other activities as are necessary to meet the purposes of this chapter. [L 1975, c 159, pt of §2; am L 1976, c 152, §3 and c 219, §3; am L 1977, c 167, §11 and c 178, pt of §2; am L 1980, c 75, §3; am L 1982, c 245, §§1, 5; am L 1984, c 267, §4; am L 1987, c 270, §5; am L 1997, c 336, §4]
Haw. Rev. Stat. § 323D-46.2 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-46.2
Withdrawal of a certificate of need.
Status: in_force

(a) After the issuance of a certificate of need, the state agency shall periodically review the progress of the project. The state agency may withdraw the certificate of need, if the state agency determines on the basis of the review that:

(1) The holder of the certificate of need is not meeting the timetable specified in the approved application for the certificate of need and is not making a good faith effort to meet it; or

(2) The project being implemented differs substantially from that which was approved by the state agency.

(b) The state agency may withdraw at any time a certificate of need or an exemption from obtaining a certificate of need, if the state agency determines that the applicant procured the certificate of need or the exemption by fraud, misrepresentation, or corruption, or that the applicant submitted or caused to be submitted to the state agency false statements or information in connection with the application for the certificate of need or the exemption.

(c) The state agency shall adopt rules in conformity with chapter 91 for the withdrawal of certificates of need. [L 1980, c 75, §20]
Haw. Rev. Stat. § 321-245 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-245
§§321-245, 321-246 REPEALED.
Status: repealed

§§321-245, 321-246 REPEALED. L 2007, c 105, §5.
Haw. Rev. Stat. § 334-125 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-125
Notice.
Status: in_force

(a) Notice of the hearing under this part shall be:

(1) Served personally on the subject of the petition pursuant to family court rules;

(2) Served personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, to as many as are known to the petitioner of the subject's spouse or reciprocal beneficiary, legal parent, adult child, surrogate, and legal guardian. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult child, surrogate, or legal guardian, or if none can be found, notice of the hearing shall be served on at least one of the subject's closest adult relatives, if any can be found;

(3) Served on the guardian ad litem appointed for the subject of the petition as provided in section 334-123.5;

(4) Served on the attorney for the subject of the petition, if applicable;

(5) Served on the assisted community treatment provider proposed in the petition, unless the petitioner is also the proposed assisted community treatment provider; and

(6) Given to other persons as the court may designate.

(b) The notice shall include the following:

(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and possible consequences to the subject, and a statement of the legal standard upon which assisted community treatment is being considered;

(2) A copy of the petition;

(3) Notice that the subject of the petition has been assigned a guardian ad litem to represent the best interests of the subject throughout the proceeding, unless the court determined the existence of a guardian for the subject; and

(4) Notice that the subject of the petition is entitled to the assistance of an attorney, and that the subject may contact their own attorney.

(c) Notice to the subject of the petition's spouse or reciprocal beneficiary, legal parent, adult child, or closest adult relative may be waived if the subject is an adult and requests that these persons not be notified. [L 1984, c 251, pt of §1; am L 1997, c 383, §48; am L 2013, c 221, §§11, 24; am L 2015, c 231, §3; am L 2016, c 114, §6; am L 2018, c 144, §10; am L 2021, c 58, §3; am L 2025, c 219, §17]
Haw. Rev. Stat. § 328-122 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-122
Responsible persons.
Status: in_force

Wholesale distributors shall establish and maintain current lists of officers, directors, managers, and other persons in charge of the wholesale distribution, storage, and handling of prescription drugs, including a description of each person's duties and a summary of each person's qualifications.
Haw. Rev. Stat. § 321-605 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-605
Rules.
Status: in_force

The department may adopt rules pursuant to chapter 91 necessary to implement this part.
Haw. Rev. Stat. § 333E-3 — HI Code / Division 1 / Title 19 / Chapter 333E / Section 333E-3
State council on developmental disabilities.
Status: in_force

The state council on developmental disabilities (hereinafter referred to as the council) shall be placed in the department of health for administrative purposes only and assigned the following responsibilities:

(1) Planning. The state council shall:

(A) Develop, prepare, adopt, and periodically review and revise, as necessary, the state plan for individuals with developmental disabilities (hereinafter called the state plan) in conformance with federal substantive and procedural requirements therefor. The state plan shall guide the development and delivery of all services to individuals with developmental disabilities. The state council shall transmit the state plan to the governor for approval, and upon approval shall be submitted to the federal government for appropriate approval. The state plan and revisions thereto shall be effective upon the governor's approval thereof. The state plan shall include establishment of goals and priorities of the State in meeting the needs of individuals with developmental disabilities, including the recommendation of priorities for the distribution of public funds for comprehensive services to individuals with developmental disabilities within the State and other matters deemed necessary to achieve productivity, integration, inclusion, self-determination, and independence of individuals with developmental disabilities. The state plan shall guide the coordinated delivery and establishment of comprehensive services, facilities, and programs for individuals with developmental disabilities;

(B) Review and comment upon implementation plans prepared and carried out by the various departments of the State in carrying out the state plan for individuals with developmental disabilities; and

(C) Review and comment upon any other state plans which affect services to individuals with developmental disabilities;

(2) Coordination of departments and private agencies. The council shall:

(A) Identify services duplicated by departments and private agencies and coordinate and assist in the elimination of unnecessary duplication;

(B) Encourage efficient and coordinated use of federal, state, and private resources in the provision of services;

(C) Recommend areas of responsibility for services to both public and private agencies serving individuals with developmental disabilities, reviewing designations as necessary. Identify gaps in services to individuals with developmental disabilities and coordinate responsibilities of various public or private agencies for such missing services; and

(D) Ensure that implementation planning by the various departments is effectively coordinated and that interdepartmental programs receive the full support of all departments involved;

(3) Evaluation. The council shall:

(A) Monitor, evaluate, and comment upon implementation plans of the various public and private agencies for individuals with developmental disabilities;

(B) Monitor all ongoing projects relating to developmental disabilities of the various public and private agencies;

(C) Participate in the planning, design, or redesign, and monitoring of state quality assurance systems that affect individuals with developmental disabilities;

(4) Advocacy. The council shall:

(A) Advocate for the needs of individuals with developmental disabilities before the legislature and the public and to the governor;

(B) Act in an advisory capacity to the governor, the legislature, and all concerned department heads on all issues affecting individuals with developmental disabilities; and

(C) Support and conduct outreach activities to identify individuals with developmental disabilities and their families to obtain services, individualized supports, and other forms of assistance, including access to special adaptation of generic community services or specialized services; and

(5) Report. The council shall:

(A) Prepare and submit reports to the governor, the legislature, and all concerned department heads on the implementation of the state plan;

(B) Prepare and submit to the United States Secretary of Health and Human Services, through the governor, any periodic reports the Secretary may reasonably request; and

(C) Prepare other reports necessary to accomplish its duties under this chapter. [L 1975, c 198, §3; am L 1976, c 201, §2; am L 1979, c 180, pt of §1; am L 1980, c 232, §17; am L 2001, c 175, §3]
Haw. Rev. Stat. § 342B-53 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-53
Other action not barred.
Status: in_force

No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter.
Haw. Rev. Stat. § 338-14.6 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-14.6
Vital statistics improvement special fund.
Status: in_force

(a) There is established within the state treasury a special fund to be known as the vital statistics improvement special fund. The fund shall be administered and expended by the department of health.

(b) Moneys in the fund shall be used by the department of health for the modernization and automation of the vital statistics system in this State. Moneys in the fund may be used to assist in offsetting costs for the daily operations of the system of vital statistics.

(c) The fund shall consist of fees remitted pursuant to sections 338-14.5 and 572-5. All realizations of the fund shall be subject to the conditions specified in subsection (b). [L 1997, c 216, §§2, 13; am L 1999, c 194, §1; am L 2010, c 55, §2; am L 2025, c 148, §2]
Haw. Rev. Stat. § 342B-54 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-54
Priority in courts.
Status: in_force

All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit issued under this chapter shall in the discretion of the court receive priority in the courts of the State.
Haw. Rev. Stat. § 339D-31 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-31
[ §339D-31] Collector responsibility.
Status: in_force

[ §339D-31] Collector responsibility. Each collector shall possess and maintain all necessary business and environmental permits.
Haw. Rev. Stat. § 328-3 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-3
Same; misbranding or misleading advertisement.
Status: in_force

(a) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(b) "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics. [L 1941, c 318, pt of §2; RL 1945, §2203; RL 1955, §51-3; HRS §328-3]
Haw. Rev. Stat. § 327-3 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-3
Applicability.
Status: in_force

This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
Haw. Rev. Stat. § 342G-109 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-109
Rules; commencement.
Status: in_force

The department may adopt rules pursuant to chapter 91 as may be necessary for the purposes of this part. Full implementation of the deposit beverage container deposit program shall commence no later than January 1, 2005.
Haw. Rev. Stat. § 340F-10 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-10
Criminal penalties.
Status: in_force

Any individual who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 342J-13 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-13
Fees.
Status: in_force

The director may establish reasonable fees for the issuance of permits to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits (not including court costs or other costs associated with any formal enforcement action). The fees shall be deposited to the credit of the general fund.
Haw. Rev. Stat. § 338-26 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-26
§§338-26 and 338-27 REPEALED.
Status: repealed

§§338-26 and 338-27 REPEALED. L 1974, c 31, §§4, 5.
Haw. Rev. Stat. § 342F-32 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-32
Complaints; hearings; appointment of masters.
Status: in_force

The director may:

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

(2) Appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §3]
Haw. Rev. Stat. § 333F-20 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-20
Standards for services.
Status: in_force

The department shall require appropriate standards of services to be met by its own services or contractual services including residential, day treatment, and other related programs. These standards, wherever applicable and appropriate, shall conform to or exceed federal standards.
Haw. Rev. Stat. § 342G-3 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-3
Goals.
Status: in_force

(a) It is the goal of the State to reduce the solid waste stream prior to disposal by:

(1) Twenty-five per cent by January 1, 1995; and

(2) Fifty per cent by January 1, 2000;

through source reduction, recycling, and bioconversion. Where feasible, the office shall establish other state goals for specific commodities, recognizing market considerations.

(b) It is the goal of the State to reduce by not less than twenty-five per cent the amount of office paper generated by all state and county agencies by January 1, 1995, through source reduction. The base year for calculating progress toward this goal shall be total office paper consumption by state and county agencies in 1990.

(c) Nothing in this chapter shall be construed to restrict a county from setting waste reduction goals higher than those of the State. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 329D-2 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-2
Medical cannabis dispensaries; authorized; licensure.
Status: in_force

(a) No person shall operate a medical cannabis dispensary unless the person has a license issued by the department pursuant to this chapter.

(b) The director of health shall grant medical cannabis dispensary licenses to allow dispensaries to produce, manufacture, and dispense cannabis and manufactured cannabis products pursuant to this chapter.

(c) Each medical cannabis dispensary license shall allow production, manufacture, and dispensing of cannabis and manufactured cannabis products only in the county for which the license is granted.

(d) The department shall issue eight dispensary licenses statewide; provided that three dispensary licenses shall be issued for the city and county of Honolulu, two dispensary licenses each shall be issued for the county of Hawaii and the county of Maui, and one dispensary license shall be issued for the county of Kauai; provided further that no dispensary license shall be issued for the county of Kalawao.

(e) No person may be granted a dispensary license in more than one county.

(f) No more than three production centers shall be allowed under each dispensary license; provided that, except as otherwise specified in subsection (k), each production center shall be limited to no more than five thousand cannabis plants. For purposes of this subsection, "plant" means a cannabis plant that is greater than twelve vertical inches in height from where the base of the stalk emerges from the growth medium to the tallest point of the plant, or greater than twelve horizontal inches in width from the end of one branch to the end of another branch; provided that multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.

(g) A dispensary licensee may establish up to two retail dispensing locations under the licensee's dispensary license, except as otherwise specified in subsection (l).

(h) Each dispensary licensee may commence dispensing medical cannabis and manufactured cannabis products to qualifying patients or primary caregivers no sooner than July 15, 2016, with approval by the department, in accordance with this chapter.

(i) Retail dispensing locations shall not be at the same location as the dispensary licensee's production centers.

(j) Notwithstanding subsection (d), the department shall determine whether, based on the qualifying patient need, additional dispensary licenses shall be offered to qualified applicants in the State after October 1, 2018; provided that the department shall make available not more than one license per five hundred qualifying patients residing in any single county; provided further that in considering whether to award a new license, the department shall consider an applicant's capability to serve and supply medical cannabis to qualified patients in a rural or underserved geographical area of a county; provided further that a "rural or underserved geographical area" shall be determined by considering the number of registered medical cannabis patients that reside within a certain zip code compared to the quantity of medical cannabis that the closest production center and retail dispensing location have the capability to provide.

(k) Notwithstanding any provision of subsection (f) to the contrary, the department may allow any dispensary licensee an additional two thousand five hundred cannabis plants at each of the licensee's production centers; provided that the licensee shall be allowed no more than fifteen thousand cannabis plants in total across all of the licensee's production centers; provided further that in no case shall a licensee be allowed more than seven thousand five hundred plants at a single production center.

(l) Notwithstanding any provision of subsection (g) to the contrary, the department may determine whether dispensary licensees shall be allowed no more than two additional retail dispensing locations per licensee. In considering whether to allow additional retail dispensing locations, the department shall consider the licensee's capability to serve and supply medical cannabis to qualifying patients in a rural or underserved geographical area of a county. For purposes of this subsection, a "rural or underserved geographical area" shall be determined by considering the number of registered medical cannabis patients who reside within a certain zip code compared to the quantity of medical cannabis that the closest production center and retail dispensing location have the capability to provide.

(m) Notwithstanding any other law to the contrary, a dispensary shall not be subject to the prescription requirement of section 329-38 or to the board of pharmacy licensure or regulatory requirements under chapter 461. [L 2015, c 241, pt of §2; am L 2016, c 230, §15; am L 2017, c 41, §5 and c 170, §2; am L 2022, c 309, §5]

Revision Note

In subsections (b) and (c), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
Haw. Rev. Stat. § 327-17 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-17
Penalty.
Status: in_force

Any person that, to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal to make an anatomical gift commits a class C felony and upon conviction is subject to a fine not exceeding $50,000, imprisonment not exceeding five years, or both.
Haw. Rev. Stat. § 321-11.8 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11.8
Care homes; liability insurance; coverage.
Status: in_force

(a) All operators of adult foster homes under section 321-11.2, adult residential care homes, assisted living facilities, community care foster family homes as defined in section 321-481, developmental disabilities domiciliary homes as defined in section 321-15.9, and expanded adult residential care homes as defined in section 321-15.1, shall obtain and maintain the following in coverage amounts deemed sufficient and appropriate by the department of health:

(1) Liability insurance with respect to their operation of the homes or facilities; and

(2) Automobile liability insurance, including adequate bodily injury liability coverage for vehicles used to transport residents of the homes or facilities.

(b) Proof of liability insurance for both the home or facility and for vehicles used to transport home or facility residents as required by subsection (a) shall be verified by the department of health, or its designee, on an annual basis.

(c) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2013, c 212, §1]
Haw. Rev. Stat. § 327-11 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-11
Persons that may receive anatomical gift; purpose of anatomical gift.
Status: in_force

(a) An anatomical gift of a body or body part may be made to the following persons:

(1) A named hospital, accredited medical school, dental school, college, university, or procurement organization for research or education;

(2) A named individual designated by the person making the anatomical gift if the individual is the recipient of the body part; or, if the body part for any reason cannot be transplanted into the individual, the body part shall pass in accordance with subsection (f) in the absence of an express, contrary indication by the person making the anatomical gift; or

(3) A named eye bank or tissue bank.

(b) If an anatomical gift of one or more specific body parts or of all body parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules shall apply:

(1) If the body part is an eye and the gift is for transplantation or therapy, the gift shall pass to the appropriate eye bank;

(2) If the body part is tissue and the gift is for transplantation or therapy, the gift shall pass to the appropriate tissue bank;

(3) If the body part is an organ and the gift is for transplantation or therapy, the gift shall pass to the appropriate organ procurement organization as custodian of the organ; and

(4) If the body part is an organ, an eye, or tissue and the gift is for research or education, the gift shall pass to the appropriate procurement organization.

(c) For the purpose of subsection (h), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy if suitable for those purposes and, if the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(d) If an anatomical gift of one or more specific body parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the decedent's body parts may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (f).

(e) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the decedent's body parts may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (f).

(f) For purposes of subsections (a)(2), (c), and (d), the following rules shall apply:

(1) If the body part is an eye, the gift shall pass to the appropriate eye bank;

(2) If the body part is tissue, the gift shall pass to the appropriate tissue bank; and

(3) If the body part is an organ, the gift shall pass to the appropriate organ procurement organization as custodian of the organ.

(g) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), shall pass to the organ procurement organization as custodian of the organ.

(h) If an anatomical gift does not pass pursuant to subsections (a) through (g), or the decedent's body or body part is not used for transplantation, therapy, research, or education, custody of the body or body part shall pass to the person under obligation to dispose of the body or body part.

(i) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 327-5 or 327-10 or if the person knows that the decedent made a refusal under section 327-7 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(j) Except as otherwise provided in subsection (a)(2), nothing in this part shall affect the allocation of organs for transplantation or therapy. [L 2008, c 122, pt of §1; am L 2020, c 43, §2]
Haw. Rev. Stat. § 329-18 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-18
Schedule III.
Status: in_force

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

(b) Stimulants. Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, 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) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substance listed in schedule II, and any other drug of the quantitative composition or which is the same except that it contains a lesser quantity of controlled substances;

(2) Benzphetamine;

(3) Chlorphentermine;

(4) Clortermine;

(5) Mazindol;

(6) Phendimetrazine.

(c) Depressants. Unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a depressant effect on the central nervous system:

(1) Any compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;

(2) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository;

(3) Any substance that contains any quantity of a derivative of barbituric acid or any salt thereof, including the substance butalbital;

(4) Chlorhexadol;

(5) Embutramide (Tributame);

(6) Ketamine, its salts, isomers, and salts of isomers, also known as (+ or -)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;

(7) Lysergic acid;

(8) Lysergic acid amide;

(9) Methyprylon;

(10) Sulfondiethylmethane;

(11) Sulfonethylmethane;

(12) Sulfonmethane;

(13) Tiletamine/Zolazepam (Telazol, 2-(ethylamino)-2-(-thienyl)-cyclohexanone, flupyrazapon) or any salts thereof;

(14) Gamma hydroxybutyric acid and its salts, isomers, and salts of isomers that are contained in a drug product for which an application has been approved under section 505 of the federal Food, Drug, and Cosmetic Act;

(15) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-l,2-dihydropyridin-3-yl)benzonitrile], including its salts, isomers, and salts of isomers; and

(16) Alfaxalone 5[alpha]-pregnan-3[alpha]-ol-11,20-dione, including its salts, isomers, and salts of isomers.

(d) Nalorphine.

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

(1) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(2) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(3) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(4) Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;

(5) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;

(6) Not more than 50 milligrams of morphine or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and

(7) Buprenorphine.

(f) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

(f) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

(g) Any anabolic steroid. The term "anabolic steroid" means any drug or hormonal substance chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:

(1) Boldenone;

(2) Clostebol (4-Chlorotestosterone);

(3) Dehydrochlormethyltestosterone;

(4) Dihydrotestosterone (4-dihydrotestosterone);

(5) Drostanolone;

(6) Ethylestrenol;

(7) Fluoxymesterone;

(8) Formebolone (Formyldienolone);

(9) Mesterolone;

(10) Methandranone;

(11) Methandriol;

(12) Methandrostenolone (Methandienone);

(13) Methenolone;

(14) Methyltestosterone;

(15) Mibolerone;

(16) Nandrolone;

(17) Norethandrolone;

(18) Oxandrolone;

(19) Oxymesterone;

(20) Oxymetholone;

(21) Stanolone (Dihydrotestosterone);

(22) Stanozolol;

(23) Testolactone;

(24) Testosterone;

(25) Trenbolone;

(26) 3[beta], 17-dihydroxy-5a-androstane;

(27) 3[alpha], 17[beta]-dihydroxy-5a-androstane;

(28) 5[alpha]-androstan-3, 17-dione;

(29) 1-androstenediol (3[beta], 17[beta]-dihydroxy-5[alpha]-androst-1-ene);

(30) 1-androstenediol (3[alpha], 17[beta]-dihydroxy-5[alpha]-androst-1-ene);

(31) 4-androstenediol (3[beta], 17[beta]-dihydroxy-androst-4-ene);

(32) 5-androstenediol (3[beta], 17[beta]-dihydroxy-androst-5-ene);

(33) 1-androstenedione ([5[alpha]]-androst-1-en-3, 17-dione);

(34) 4-androstenedione (androst-4-en-3, 17-dione);

(35) 5-androstenedione (androst-5-en-3, 17-dione);

(36) Bolasterone (7[alpha], 17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);

(37) Calusterone (7[beta], 17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);

(38) [Delta]1-dihydrotestosterone (a.k.a. '1-testosterone') (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);

(39) Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);

(40) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one;

(41) 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one);

(42) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one);

(43) Mesterolone (1[alpha]methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);

(44) Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);

(45) Methandriol (17[alpha]-methyl-3[beta], 17[beta]-dihydroxyandrost-5-ene);

(46) Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);

(47) 17[alpha]-methyl-3[beta], 17[beta]-dihydroxy-5a-androstane;

(48) 17[alpha]-methyl-3[alpha], 17[beta]-dihydroxy-5a-androstane;

(49) 17[alpha]-methyl-3[beta], 17[beta]-dihydroxyandrost-4-ene;

(50) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);

(51) Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4, 9(10)-dien-3-one);

(52) Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4, 9-11-trien-3-one);

(53) 17[alpha]-methyl-[Delta] 1-dihydrotestosterone (17b [beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one) (a.k.a. '17-[alpha]-methyl-1-testosterone');

(54) 19-nor-4-androstenediol (3[beta], 17[beta]-dihydroxyestr-4-ene);

(55) 19-nor-4-androstenediol (3[alpha], 17[beta]-dihydroxyestr-4-ene);

(56) 19-nor-5-androstenediol (3[beta], 17[beta]-dihydroxyestr-5-ene);

(57) 19-nor-5-androstenediol (3[alpha], 17[beta]-dihydroxyestr-5-ene);

(58) 19-nor-4-androstenedione (estr-4-en-3, 17-dione);

(59) 19-nor-5-androstenedione (estr-5-en-3, 17-dione);

(60) Norbolethone (13[beta], 17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);

(61) Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);

(62) Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);

(63) Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);

(64) Tetrahydrogestrinone (13[beta], 17[alpha]-diethyl-17[beta]-hydroxygon-4, 9, 11-trien-3-one);

(65) Desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17-ol, madol);

(66) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);

(67) Boldione (Androsta-1,4-diene-3,17-dione);

(68) Methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one);

(69) Prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-c]pryazole; and

(70) Any salt, ester, or isomer of a drug or substance described or listed in this subsection, if that salt, ester, or isomer promotes muscle growth, except the term "anabolic steroid" does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the Secretary of Health and Human Services for nonhuman administration. If any person prescribes, dispenses, or distributes an anabolic steroid intended for administration to nonhuman species for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this paragraph.

(h) Hallucinogenic substances, unless listed in another schedule, shall include Dronabinol (synthetic), in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product. [L 1972, c 10, pt of §1 and am c 114, §2(1); am L 1974, c 217, §3; am L 1975, c 26, §2; am L 1977, c 116, §2; am L 1978, c 68, §4; am L 1988, c 59, §3; am L 1990, c 281, §10; am L 1991, c 159, §8; am L 1992, c 151, §1; am L 1995, c 122, §3; am L 1997, c 356, §§3, 4; am L 2000, c 98, §4; am L 2001, c 203, §4; am L 2003, c 151, §4; am L 2004, c 193, §2; am L 2008, c 186, §3; am L 2009, c 117, §3; am L 2011, c 73, §3; am L 2013, c 48, §3; am L 2014, c 54, §2; am L 2015, c 195, §2; am L 2022, c 278, §17]
Haw. Rev. Stat. § 328-96 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-96
Hawaii list of equivalent generic drug products and interchangeable biological products.
Status: in_force

(a) The director may adopt rules, pursuant to chapter 91, to effectuate the purpose of this part. Without regard to chapter 91, the director may adopt as rules, and amend as necessary, the Hawaii list of equivalent generic drug products and interchangeable biological products, which shall serve as the state list of substitutable equivalent generic drug products and interchangeable biological products. The director's approval of the substitutability of equivalent generic drug products and interchangeable biological products shall be informed by the findings of the United States Food and Drug Administration, which are documented and periodically updated through the following:

(1) For a generic drug product: the Orange Book and any United States Food and Drug Administration documentation of any United States Food and Drug Administration-approved generic drug product with therapeutic equivalency, including:

(A) Letters of approval of Abbreviated New Drug Applications with therapeutic equivalency evaluations;

(B) Published listings of approved New Drug Applications or approved Abbreviated New Drug Applications with therapeutic equivalency evaluations; and

(C) Listing of first time generics with therapeutic equivalency evaluations;

(2) For a biological product: approval under the Public Health Service Act, the Purple Book, and any United States Food and Drug Administration documentation of any United States Food and Drug Administration-approved interchangeability determination, including:

(A) Letters of approval of Biologic Licensing Applications with a determination that the biological product meets the criteria for interchangeability as set forth in title 42 United States Code section 262(k)(4); and

(B) Published listings of approved Biologic Licensing Applications with a determination that the biological product meets the criteria for interchangeability as set forth in title 42 United States Code section 262(k)(4); and

(3) For a biological product approved under the Federal Food, Drug, and Cosmetic Act: the Orange Book and any United States Food and Drug Administration documentation of any United States Food and Drug Administration-approved interchangeability determination, including:

(A) Letters of approval of approved New Drug Applications or approved Abbreviated New Drug Applications with therapeutic equivalency evaluations; and

(B) Published listings of approved New Drug Applications or approved Abbreviated New Drug Applications with therapeutic equivalency evaluations.

(b) The director shall maintain an official record of, and update as necessary, the Hawaii list of equivalent generic drug products and interchangeable biological products electronically on the department's website, which shall be accessible to pharmacists and other interested persons.

(c) The Hawaii list of equivalent generic drug products and interchangeable biological products shall only include substitutable generic drug products and interchangeable biological products that are determined by the director to be safe, effective, and therapeutically equivalent or interchangeable. The director shall not approve as substitutable, and the Hawaii list of equivalent generic drug products and interchangeable biological products shall not include, any biological products that the United States Food and Drug Administration has neither licensed and determined as meeting the standards for interchangeability pursuant to title 42 United States Code section 262(k)(4) nor determined as therapeutically equivalent as set forth in the latest edition of or supplement to the United States Food and Drug Administration's approved drug products with therapeutic equivalence evaluations.

(d) The director may remove from the Hawaii list of equivalent generic drug products and interchangeable biological products any products upon the director's finding that the safety, quality, efficacy, or therapeutic equivalency or bioequivalency, as appropriate, is not adequately assured.

(e) Any person who requests that any modification be made to, or that a drug product or biological product be added to or removed from, the Hawaii list of equivalent generic drug products and interchangeable biological products shall have the burden of proof to show cause why the modification, addition, or removal should be made.

(f) Each pharmacy in the State shall update and maintain its physical copies and electronic records of the Hawaii list of equivalent generic drug products and interchangeable biological products as it is approved and periodically updated and amended by the director.

(g) The department shall provide for public education regarding the provisions of this part and shall monitor the effects of this part. [L 1980, c 187, pt of §1; am L 1982, c 122, §1(6), (7); am L 1986, c 174, §1; am L 1996, c 209, §6; am L 1997, c 214, §7; am L 1999, c 209, §2; am L 2003, c 56, §8; am L 2004, c 28, §3; am L 2016, c 242, §6; am L 2017, c 12, §64]
Haw. Rev. Stat. § 338-19 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-19
Photostatic or typewritten copies of records.
Status: in_force

The department of health is authorized to prepare typewritten, photostatic, or microphotographic copies of any records and files in its office, which by reason of age, usage, or otherwise are in such condition that they can no longer be conveniently consulted or used without danger of serious injury or destruction thereof, and to certify to the correctness of such copies. The typewritten, photostatic, or microphotographic copies shall be competent evidence in all courts of the State with like force and effect as the original.
Haw. Rev. Stat. § 327E-11 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-11
Capacity.
Status: in_force

(a) This chapter does not affect the right of an individual to make health-care decisions while having capacity to do so.

(b) An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive, and to designate or disqualify a surrogate. [L 1999, c 169, pt of §1]
Haw. Rev. Stat. § 334-46 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-46
Emergency hospitalization.
Status: in_force

(a) If, following an emergency examination pursuant to section 334-45(a), a qualified psychiatric examiner determines that the criteria for involuntary hospitalization exist, the patient shall be hospitalized on an emergency basis or transferred to another psychiatric facility or other facility designated by the director for emergency hospitalization.

(b) The patient admitted under subsection (a) shall be released within seventy-two hours of the patient's admission to a psychiatric facility or other facility designated by the director, unless:

(1) The patient voluntarily agrees to further hospitalization; or

(2) A proceeding for court-ordered evaluation or hospitalization is initiated as provided in section 334-60.3.

If the seventy-two-hour time period expires on a Saturday, Sunday, or holiday, the time for initiation shall be extended to the close of the next court day. Upon initiation of the proceeding, the facility may detain the patient until further order of the court.

(c) If at any time during the period of emergency hospitalization a qualified psychiatric examiner determines that a patient no longer meets the criteria for emergency hospitalization, the patient shall be discharged expeditiously; provided that if the patient is not under an order for assisted community treatment, a qualified psychiatric examiner shall conduct an examination pursuant to section 334-121.5 before the discharge. A patient under criminal charges shall be returned to the custody of a law enforcement officer.

(d) The patient shall have the right, immediately upon emergency hospitalization, to telephone an attorney and the patient's surrogate, guardian, family member including a reciprocal beneficiary, or adult friend. The patient shall be allowed to confer with an attorney in private. [L 2025, c 219, pt of §3]
Haw. Rev. Stat. § 323F-52 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-52
Transfer of right and responsibility to manage, operate, and provide health care services in a facility of the Maui regional system to a nonprofit man
Status: in_force

(a) Notwithstanding any other law to the contrary, including but not limited to section 27-1, section 76-16(b) and other sections of chapter 76, chapters 78, 89, 89A, 89C, and 171, part V of chapter 323D, and sections 323F-11 and 323F-31, the governor, with the assistance of the chief executive officer of the corporation, and the regional chief executive officer of the Maui regional system, or their designees, shall negotiate with a private entity to transfer the right and responsibility to manage, operate and otherwise provide health care services at one or more facilities of the Maui regional system, including Maui memorial medical center, Kula hospital and clinic, and Lanai community hospital, to a nonprofit management entity wholly-owned by the private entity; provided that the private entity submitted a statement of interest in response to a notice published in accordance with section 1-28.5 by the Maui regional system board, inviting private entities to submit statements of interest in acquiring the right and responsibility to manage, operate and otherwise provide health care services in one or more of the Maui regional system's facilities.

(b) Any agreement negotiated by the governor and entered into by the private entity and the governor, the corporation board, and the Maui regional system board, shall, at minimum, include a transfer completion date and a plan and schedule for completing the transfer that includes:

(1) Provisions and deadlines for conducting and completing due diligence;

(2) Provisions and a deadline to terminate the agreement before a transfer is completed, at the parties' respective option;

(3) Provisions for winding-down operations at the transferred facility or facilities and for terminating the agreement in the event that the lease entered into pursuant to section 323F-54 is terminated before the lease expires or the private entity or its nonprofit management entity abandons or otherwise discontinues its provision of health care services in a transferred facility; and

(4) Provisions to transfer or assign interests in equipment and furnishings, including any leases for the same; accounts receivable; medicare and other provider agreements; business and commercial licenses and registrations; intellectual property and goodwill; administrative, financial, and medical records and information; or any other interests or property of the Maui regional system facility or facilities to be transferred under this part, that the parties agree to transfer or assign.

(c) On and after the transfer completion date for the transfer of one or more facilities of the Maui regional system to a private entity or its nonprofit management entity pursuant to this part, the State, the corporation, and the Maui regional system and its board shall cease to have any responsibility for or control over the management and operation of the facility or facilities transferred by the agreement pursuant to this part. [L 2015, c 103, pt of §2]
Haw. Rev. Stat. § 334-85 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-85
Further hearings.
Status: in_force

A judicial determination under this part regarding the detention of a patient at the same psychiatric facility may not be demanded as of right more often than once in a period of six months.
Haw. Rev. Stat. § 339-6 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-6
Litter containers.
Status: in_force

Litter receptacles shall be suitably located along the public highways of the State, public places, beaches and bathing areas. The number of such receptacles and the duty to provide receptacles and to dispose of litter from the receptacles shall be established by the rules adopted pursuant to section 339-2(a). [L Sp 1977 1st, c 2, pt of §2]
Haw. Rev. Stat. § 328-104 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-104
Injunctive relief.
Status: in_force

The director of health may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this part or of any rule adopted under this part. The court shall have the power to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 329-125 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-125
Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient.
Status: in_force

(a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may assert the medical use of cannabis authorized under this part as an affirmative defense to any prosecution involving marijuana under this part, part IV, or part IV of chapter 712; provided that the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient strictly complied with the requirements of this part.

(b) Any qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient not complying with the permitted scope of the medical use of cannabis shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of cannabis.

(c) No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of cannabis as permitted under this part. [L 2000, c 228, pt of §2; am L 2016, c 230, §10; am L 2017, c 170, §2; am L 2018, c 18, §20 and c 116, §7]
Haw. Rev. Stat. § 340E-8 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-8
Penalties and remedies.
Status: in_force

(a) Any person who violates section 340E-7 shall be administratively or civilly penalized not more than $25,000 per day for each violation.

(b) Any person who wilfully violates section 340E-7(g) shall be criminally fined not more than $25,000 per day for each violation and may be imprisoned for not more than three years.

(c) Any person may be enjoined from any violation of section 340E-7.

(d) The director may enforce this part in either administrative or judicial proceedings:

(1) Administrative. If the director determines that any person has violated or is violating any provision of this part, any rule adopted thereunder, or any variance, exemption, permit, or other written authorization issued pursuant thereto, the director may have that person served with a notice of violation and an order. The notice shall specify the alleged violation. The order may require that the alleged violator do any or all of the following: cease the violation, pay an administrative penalty as specified in this section, or appear before the director at a time and place specified in the order and answer the charges complained of. The order shall become final twenty days after service unless within those twenty days the alleged violator requests in writing a hearing before the director. Upon the request, the director shall specify a time and place for the alleged violator to appear. When the director issues an order for immediate action to protect the public health from an imminent and substantial danger, the department shall provide an opportunity for a hearing within twenty-four hours after service of the order. After a hearing pursuant to this subsection, the director may affirm, modify, or rescind the director's order as the director deems appropriate. The director may institute a civil action in any environmental court of appropriate jurisdiction for the enforcement of any order issued pursuant to this subsection. In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:

(A) Notice was given;

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

(C) The penalty was imposed; and

(D) The penalty remains unpaid.

(2) Judicial. The director may institute a civil action in any environmental court of appropriate jurisdiction for injunctive and other relief to prevent violation of this part or any order or regulation issued pursuant to this part, impose and collect civil penalties, collect administrative penalties, or obtain other relief in addition to any other remedy provided for under this section.

(e) Any person who violates section 340E-6 shall be administratively or civilly penalized not more than $25,000 per day for each violation.

(f) Any person who fails to comply with any action taken by the director pursuant to section 340E-4 shall be civilly penalized not more than $25,000 for each day of failure to comply. [L 1976, c 84, pt of §1; am L 1981, c 12, §2; gen ch 1985; am L 1987, c 165, pt of §1; am L 1995, c 180, §1; am L 2000, c 84, §1; am L 2014, c 218, §8]
Haw. Rev. Stat. § 334B-4 — HI Code / Division 1 / Title 19 / Chapter 334B / Section 334B-4
Waiver.
Status: in_force

This chapter shall not apply to a review agent that operates under contract with the federal government for utilization review activities relating to recipients and health care providers under Title XVIII of the Social Security Act, Title XIX of the Social Security Act, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).
Haw. Rev. Stat. § 342P-4 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-4
Inspection of premises.
Status: in_force

The director, in accordance with any law, may enter and inspect any building or place to investigate an actual or suspected source, use, or presence of asbestos or lead to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the department pursuant to this chapter, any permit or other approval granted by the department pursuant to this chapter, or any order issued by the department pursuant to this chapter, and to make reasonable tests in connection therewith. Nothing in this section shall be construed to permit a warrantless search of a single family residence, unless the owner or occupier of the dwelling has consented to such a warrantless search.

No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of asbestos or lead, shall be disclosed by the official or employee except as it relates directly to asbestos or lead and then only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment. [L 1991, c 219, pt of §1; am L 1998, c 242, §6]
Haw. Rev. Stat. § 340B-5 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-5
Association of certification authorities.
Status: in_force

The board may, when taking action pursuant to sections 340B-2, 340B-3, and 340B-7 of this chapter, consider generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities.
Haw. Rev. Stat. § 321-175 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-175
Statewide child and adolescent mental health services plan.
Status: in_force

(a) Commencing no later than twenty days before the convening of the regular session of 2027, and every five years thereafter, the division shall develop and submit to the governor and the legislature a current statewide child and adolescent mental health services plan that shall include:

(1) An assessment of the mental health needs of children and adolescents in the State;

(2) An assessment of resources available to meet the mental health needs of children and adolescents in the State;

(3) Identification of gaps between needs and available resources;

(4) A description of the provisions for prevention, diagnosis, screening, and treatment, which is inclusive of rehabilitation; and

(5) Recommendations to the governor and legislature on how to meet the mental health needs of children and adolescents.

(b) Before the submission of the statewide child and adolescent mental health services plan under subsection (a) to the governor and the legislature, the department of health shall hold public hearings on the plan in accordance with section 92-41. There shall be at least one hearing in each county; provided that the city and county of Honolulu shall have three hearings in strategic geographic locations to provide the widest exposure of the plan to the population.

(c) Any amendments to the statewide child and adolescent mental health services plan shall be made after public meetings held in accordance with subsection (b). [L 1974, c 211, pt of §1; am L 1980, c 59, §4; am L 1984, c 87, §1; am L 1986, c 339, §39; am L 2025, c 178, §8]
Haw. Rev. Stat. § 326-31 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-31
§§326-31 and 326-32 REPEALED.
Status: repealed

§§326-31 and 326-32 REPEALED. L 1969, c 152, §11.
Haw. Rev. Stat. § 342B-33 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-33
Minimum permit conditions.
Status: in_force

At a minimum, each permit shall require the permittee to:

(1) Submit to the director, no less than every six months, the results of any required monitoring and, no less than annually, a compliance certification; and

(2) Disclose the annual emissions of hazardous air pollutants. [L 1992, c 240, pt of §1; am L 1994, c 268, §3]
Haw. Rev. Stat. § 342L-31 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-31
Permit requirements and transfer of permit.
Status: in_force

(a) No person shall install or operate an underground storage tank or tank system brought into use after the effective date of the tank or tank system standards established in section 342L-32 unless a permit is obtained from the department and upon payment of a fee.

(b) No permit to own or operate an underground storage tank or tank system shall be transferred to any person without prior written approval of the director.

(c) The department shall prepare a form for an application to request the director's approval to transfer a permit of ownership or operation of an underground storage tank or tank system. A person wishing to accept the obligations of a transferred permit to own or operate an underground storage tank or tank system from the previous owner or operator shall complete an application form and submit the form to the director. The director shall review the application and issue an approval of the transfer if the applicant proves to the satisfaction of the director that the applicant is able to comply with the conditions of the permit. [L 1989, c 212, pt of §6; am L 1992, c 259, §21]
Haw. Rev. Stat. § 334-43 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-43
Emergency transportation initiated by a court order.
Status: in_force

(a) Upon written or oral application of any licensed physician, advanced practice registered nurse, psychologist, attorney, member of the clergy, health or social service professional, or any state or county employee in the course of employment, a judge may issue a written or oral ex parte order:

(1) Stating that there is probable cause that the individual is:

(A) Mentally ill or suffering from substance abuse; and

(B) Imminently dangerous to self or others;

(2) Stating the findings upon which the conclusion is based; and

(3) Directing that a law enforcement officer take the individual into custody and transport the individual directly to a psychiatric facility or other facility designated by the director for an emergency examination.

The person who made the application shall notify a mental health emergency worker of the written or oral ex parte order and, when possible, shall coordinate the transport of the individual with the emergency worker.

(b) If an application under subsection (a) was made orally, the person who made the application shall reduce the application to writing and submit it to the judge who issued the ex parte order by noon of the next court day after the order was issued. The written application shall be made under penalty of law but need not be sworn to before a notary public. If the judge issued an ex parte order orally, the judge shall reduce the oral order to writing by the close of the next court day after the order was issued. The written ex parte order shall be transmitted with the individual to the psychiatric facility or other facility designated by the director and be made a part of the individual's clinical record. [L 2025, c 219, pt of §3]
Haw. Rev. Stat. § 326-30 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-30
Making or taking of pictures without permission prohibited.
Status: in_force

(a) No person shall photograph, film, or videotape any patient at any facility maintained by the department of health for the care and treatment of persons with Hansen's disease, without the written permission of the patient.

(b) Any person violating this section shall be fined not more than $1,000 per incident. [L 1923, c 78, §§1, 2; RL 1925, §1203; am L 1925, c 98, §1; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1167; RL 1945, §2430; am L 1949, c 80, §1(5); am L 1951, c 157, §14; RL 1955, §50-31; HRS §326-30; am L 1969, c 152, §7; am L 1981, c 185, §15; am L 1985, c 250, §13; am L 1992, c 156, §7]
Haw. Rev. Stat. § 342D-12 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-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. § 324-5 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-5
Multidisciplinary and multiagency reviews.
Status: in_force

The department of health may conduct multidisciplinary and multiagency reviews of maternal deaths to reduce the incidence of preventable maternal deaths.
Haw. Rev. Stat. § 329-32 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-32
Registration requirements.
Status: in_force

(a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Every person who:

(1) Manufactures, distributes, prescribes, dispenses, or conducts reverse distribution with any controlled substance within this State;

(2) Proposes to engage in the manufacture, distribution, prescription, dispensing, or reverse distribution of any controlled substance within this State; or

(3) Dispenses or proposes to dispense any controlled substance for use in this State by shipping, mailing, or otherwise delivering the controlled substance from a location outside this State;

shall obtain a registration issued by the department of public safety in accordance with the department's rules. A licensed or registered health care professional who acts as the authorized agent of a practitioner and who administers controlled substances at the direction of the practitioner shall not be required to obtain a registration.

(a) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Every person who:

(1) Manufactures, distributes, prescribes, dispenses, or conducts reverse distribution with any controlled substance within this State;

(2) Proposes to engage in the manufacture, distribution, prescription, dispensing, or reverse distribution of any controlled substance within this State; or

(3) Dispenses or proposes to dispense any controlled substance for use in this State by shipping, mailing, or otherwise delivering the controlled substance from a location outside this State;

shall obtain a registration issued by the department of law enforcement in accordance with the department's rules. A licensed or registered health care professional who acts as the authorized agent of a practitioner and who administers controlled substances at the direction of the practitioner shall not be required to obtain a registration.

(b) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Persons registered by the department of public safety under this chapter to manufacture, distribute, prescribe, dispense, store, conduct research, or conduct reverse distribution with controlled substances may possess, manufacture, distribute, prescribe, dispense, store, or conduct research with those substances to the extent authorized by their registration and in conformity with this part.

(b) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Persons registered by the department of law enforcement under this chapter to manufacture, distribute, prescribe, dispense, store, conduct research, or conduct reverse distribution with controlled substances may possess, manufacture, distribute, prescribe, dispense, store, or conduct research with those substances to the extent authorized by their registration and in conformity with this part.

(c) Except as otherwise provided by law, the following persons shall not be required to register and may lawfully possess controlled substances under this chapter:

(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance, if the agent or employee is acting in the usual course of the agent's or employee's business or employment;

(2) A common or contract carrier or warehouser, or an employee thereof, whose possession of any controlled substance is in the usual course of the person's business or employment; and

(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner.

(d) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety may waive the registration or filing requirement for certain manufacturers, distributors, prescribers, or dispensers by rule if:

(1) It is consistent with the public health and safety; and

(2) The department of public safety states the specific reasons for the waiver and the time period for which the waiver is to be valid.

(d) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement may waive the registration or filing requirement for certain manufacturers, distributors, prescribers, or dispensers by rule if:

(1) It is consistent with the public health and safety; and

(2) The department of law enforcement states the specific reasons for the waiver and the time period for which the waiver is to be valid.

(e) A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, prescribes, dispenses, or conducts reverse distribution with controlled substances, except an office used by a practitioner (who is registered at another location) where controlled substances are prescribed but neither administered nor otherwise dispensed as a regular part of the professional practice of the practitioner at such office, and where no supplies of controlled substances are maintained.

(f) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety may inspect the establishment of a registrant or applicant for registration in accordance with the department's rule.

(f) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement may inspect the establishment of a registrant or applicant for registration in accordance with the department's rule.

(g) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety may require a registrant to submit documents or written statements of fact relevant to a registration that the department deems necessary to determine whether the registration should be granted or denied. The failure of the registrant to provide the documents or statements within a reasonable time after being requested to do so shall be deemed to be a waiver by the registrant of the opportunity to present the documents or statements for consideration by the department in granting or denying the registration.

(g) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement may require a registrant to submit documents or written statements of fact relevant to a registration that the department deems necessary to determine whether the registration should be granted or denied. The failure of the registrant to provide the documents or statements within a reasonable time after being requested to do so shall be deemed to be a waiver by the registrant of the opportunity to present the documents or statements for consideration by the department in granting or denying the registration.

(h) The failure to renew the controlled substance registration on a timely basis or to pay the applicable fees or payment with a check that is dishonored upon first deposit shall cause the registration to be automatically forfeited. [L 1972, c 10, pt of §1; gen ch 1985; am L 1990, c 281, §10; am L 1991, c 159, §9; am L 1993, c 19, §1; am L 1996, c 206, §1; am L 1997, c 280, §2; am L 2003, c 151, §7; am L 2016, c 218, §7; am L 2022, c 278, §17]
Haw. Rev. Stat. § 342C-3 — HI Code / Division 1 / Title 19 / Chapter 342C / Section 342C-3
Refrigerators and freezers.
Status: in_force

Nothing in this chapter shall apply to refrigerators or freezers.
Haw. Rev. Stat. § 323D-42 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-42
Review panel.
Status: in_force

There is established a review panel for the purposes of reviewing applications for certificates of need. The review panel shall be appointed by the statewide council. The review panel shall include at least one member from each county and a majority of the members shall be consumers. Membership on the statewide council shall not preclude membership on the review panel established in this section.
Haw. Rev. Stat. § 334-121.5 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-121.5
Examination for assisted community treatment indication.
Status: in_force

A qualified psychiatric examiner associated with the psychiatric facility where a patient is located who was committed to involuntary hospitalization, delivered for emergency examination or emergency hospitalization, or voluntarily admitted to inpatient treatment at a psychiatric facility pursuant to part IV shall, before the patient's discharge, examine the patient to determine whether an assisted community treatment plan is indicated pursuant to this part. If a plan is indicated, the qualified psychiatric examiner shall prepare the certificate specified by section 334-123. The department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to section 334-123 and with the presentation of the case at any related court proceedings; provided that, if the petitioner is a private provider or other private individual, the petitioner may decline the assistance. The psychiatric facility may notify another mental health program for assistance with the coordination of care in the community for the person. Nothing in this section shall delay the appropriate discharge of a patient from the psychiatric facility after the examination for assisted community treatment indication has been completed.
Haw. Rev. Stat. § 342P-6 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-6
Emergency powers; procedures.
Status: in_force

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

(b) Nothing in this section shall be construed to limit any power that the governor or any other officer may have to declare an emergency or to act on the basis of such a declaration, if the power is conferred by statute or constitutional provision or inheres in the office. [L 1991, c 219, pt of §1; am L 1995, c 201, §7; am L 1998, c 242, §8]
Haw. Rev. Stat. § 323F-11 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-11
Executive branch; noninterference.
Status: in_force

Notwithstanding any other law to the contrary, the governor and executive branch agencies shall limit their responsibilities to that of review and oversight when the corporation or regional system board receives general funds from the State to subsidize the operating budgets of deficit facilities. The governor and executive branch agencies shall not interfere with the systemic change, capacity building, advocacy, budget, personnel, system plan development, or plan implementation activities of the corporation or any regional system board. The governor and executive branch agencies shall not interfere with the ability of the corporation or regional system board to function as a multiple facility public hospital system delivering health care services to the residents of the State.
Haw. Rev. Stat. § 327-16 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-16
Sale or purchase of body parts prohibited.
Status: in_force

(a) Except as otherwise provided in subsection (b), a person that knowingly, for valuable consideration, purchases or sells a body part for transplantation or therapy if removal of a body part from an individual is intended to occur after the individual's death commits a class C felony and upon conviction is subject to a fine not exceeding $50,000, imprisonment not exceeding five years, or both.

(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a body part. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 342F-15 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-15
Public records; confidential information; penalties.
Status: in_force

Reports submitted to the department on the emission of excessive noise shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department acquiring confidential information from the inspection authorized by section 342F-6 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000.
Haw. Rev. Stat. § 342I-2 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-2
Lead acid batteries; collection for recycling.
Status: in_force

A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the State shall:

(1) Accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased, used lead acid batteries from customers, if offered by customers; and

(2) Post written notice that shall be at least five inches by seven inches in size and shall contain the universal recycling symbol and the following language:

(A) "It is illegal to discard a motor vehicle battery or other lead acid battery";

(B) "Recycle your used batteries";

(C) "State law requires us to accept used motor vehicle batteries or other lead acid batteries for recycling, in exchange for new batteries purchased"; and

(D) "The price of a new battery includes disposal of your old battery".

(3) Any advertising pertaining to the price of lead acid batteries shall include the statement "The price includes disposal of your old battery".

(4) For businesses utilizing advertising prepared out of the State a sign no smaller than three square feet, placed at the point of sale stating: "The price of the battery includes disposal of your old battery" may be substituted. [L 1989, c 281, pt of §1; am L 1993, c 244, §2]
Haw. Rev. Stat. § 321-222 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-222
Definitions.
Status: in_force

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

"Advanced life support" means initiating all basic life support care as well as invasive patient care designed to stabilize and support a patient's condition due to sudden illness or injury. The care rendered, excluding basic life support, constitutes the practice of medicine.

"Advisory committee" means the emergency medical services advisory committee.

"Basic life support" means initiating noninvasive emergency patient care designed to optimize the patient's chances of surviving the emergency situation. The care rendered consists of all first aid procedures needed, but does not include invasive procedures which constitute the practice of medicine; provided that state-approved basic life support personnel may use fully automatic external defibrillators, initiate intravenous lines, and perform manual external defibrillation under the direction and personal supervision of a mobile intensive care technician and in accordance with rules adopted by the department.

"Department" means the department of health.

"Emergency aeromedical services" means a secondary response system that provides immediate critical care and transport by rotary-wing aircraft of a patient to a facility that provides specialized medical care.

"Emergency medical services for children" means emergency medical services, including preventive, pre-hospital, hospital, rehabilitative, and other post-hospital care for children.

"Emergency medical services personnel" means any mobile intensive care technician or emergency medical technician who is certified or licensed by the State.

"First responder personnel" means a person who has successfully completed a United States Department of Transportation approved First Responder Course of training in emergency basic life support.

"Service area" means the State, excluding any county having a population of five hundred thousand or more.

"State system" means the state pre-hospital emergency medical services system.

"Statewide" means all counties in the State. [L 1978, c 148, pt of §1; am L 1980, c 285, §1; am L 1981, c 93, §2; am L 1991, c 115, §1; am L 1994, c 173, §2 and c 242, §2; am L Sp 2003, c 2, §1; am L 2021, c 208, §5]
Haw. Rev. Stat. § 339D-24 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-24
Retailer responsibility.
Status: in_force

(a) Beginning January 1, 2023, no retailer shall sell or offer to sell any electronic device in the State unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to the equipment and the manufacturer has registered with the State.

(b) Beginning January 1, 2023, retailers shall make available to their customers information on collection services for discarded electronic devices in the State and shall include the department's website address and toll-free telephone number. Remote retailers may include this information in a visible location on their website to fulfill this requirement.

(c) Retailers shall not be liable in any way for electronic data or other information that a consumer may have stored on an electronic device that is recovered or recycled. [L 2009, c 183, pt of §6; am L 2022, c 151, §13]
Haw. Rev. Stat. § 342D-54 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-54
Wastewater treatment works; financial assistance; grants.
Status: in_force

(a) The director may make grants to any county or state agency for the construction of necessary wastewater treatment works and for other projects intended for recycled water or waste management by other than conventional means to prevent or to control the discharge of untreated or inadequately treated sewage or other waste into any state waters.

(b) No grant shall be made for any project unless:

(1) The project conforms with the state water pollution control plan;

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

(3) In the case of wastewater treatment works, the application for the grant contains the following:

(A) Reasonable assurances that the applicant will provide for the proper and efficient operation and maintenance of the wastewater treatment works after its construction; and

(B) Reasonable assurances by the applicant that an impact fee structure will be instituted to ensure that new developments pay their appropriate share of the costs of the wastewater treatment works, as determined by the counties;

(4) The county or state agency receiving these state funds requires the installation of the low flow water fixtures and devices for faucets, hose bibbs, showerheads, urinals, and toilets in all new construction projects, and the fixtures and devices shall be approved by the International Association of Plumbing and Mechanical Officials and shall comply with applicable American National Standards Institute standards and other standards as may be required by the respective county for all new residential and public buildings; and

(5) The department, where appropriate, determines that the county receiving these funds has taken specific steps to reduce polluted runoff into state waters through educational and regulatory programs.

(c) If federal grant funds are available, the applicant shall be required to pay sixty per cent of the nonfederal share of the estimated reasonable cost of the approved wastewater treatment works as defined by Title 33 United States Code section 1251 et seq. If federal grant funds are not available, the director may make grants up to one hundred per cent of the estimated cost of the project.

(d) Nothing in this section shall restrict the director's authority to make grants to wastewater treatment works or projects granted waivers under Title 33 United States Code section 1311(h).

(e) No moneys used or available for financing under part V shall be used for grants under this section.

(f) No later than twenty days prior to the convening of each regular session of the legislature, the director shall submit to the legislature a financial report addressing the status of each grant made during the last completed fiscal year. [L 1989, c 212, pt of §2; am L 1991, c 262, §1; am L 1996, c 81, §1; am L 1997, c 221, §2; am L 2001, c 269, §3]
Haw. Rev. Stat. § 338-17 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-17
Late or altered certificate as evidence.
Status: in_force

The probative value of a "late" or "altered" certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.
Haw. Rev. Stat. § 321-15.2 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15.2
Background checks.
Status: in_force

(a) For the purposes of this section:

"Adults" means individuals aged eighteen years or older.

"Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility. If the applicant is an entity, the term "applicant" shall also include its principals, directors, partners, managers, agents, and representatives to the extent that any of these individuals will have access to or contact with clients, their finances, assets, personal property, medical records, or individually identifiable information.

"Background check" means a review of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including:

(1) Adult abuse perpetrator records by means of a search of the individual's name and birth date in the state adult protective services central registry of reported cases established in section 346-224;

(2) Child abuse and neglect records by means of:

(A) An initial name inquiry in the state child welfare record files;

(B) A subsequent child abuse confirmation history check for new hires and rehires; and

(C) An annual name inquiry into state child welfare record files;

(3) Criminal history records in accordance with section 846-2.7;

(4) Sex offender registry records;

(5) Certified nurse aide registry for information or findings pursuant to section 457A-3; and

(6) Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where a prospective employee or adult volunteer previously resided.

"Conviction for a relevant crime" means any federal or state conviction for any relevant crime as defined in this section.

"Criminal history record name inquiry" means a record check by name for any federal or state conviction for any relevant crime as defined in this section.

"Department" means the department of health.

"Direct patient access employee" means any individual, including a volunteer, who has access to a patient or resident of a healthcare facility, or any provider through employment or through an agreement or contract with such a facility or provider. Such individuals include but are not limited to: physicians, nurses, nursing assistants, home health aides, therapists, activities personnel, and support staff (i.e., housekeeping, dietary, etc.) who have direct access to patients or patient belongings.

"Disqualifying information" means a conviction for a relevant crime or a finding of patient or resident abuse.

"Healthcare facility" means a facility, setting, or agency licensed or certified by the department of health that provides mental health or health care services or living accommodations to individuals, such as a skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, home care agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, rural health center, community care foster family home, home and community-based case management agency, adult day care center, developmental disabilities domiciliary home, adult foster home for individuals with developmental disabilities, community mental health center, and rehabilitation agency.

"Name inquiry" means a criminal history record check conducted by using the name and other identifying information of the individual, in lieu of a fingerprint check.

"Operator" means an individual or entity that is licensed or is seeking licensure to operate a healthcare facility and is responsible for the management and overall operations of that healthcare facility.

"Relevant crime" means:

(1) Any offense described in 42 United States Code §1320a-7 (section 1128(a) of the Social Security Act); or

(2) A crime of such a serious nature or circumstance that the department finds its perpetrator to pose a risk to the health, safety, or well-being of a patient or resident. This includes but is not limited to murder, manslaughter, assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or possession, use, sale, manufacture, or distribution of dangerous drugs or controlled substances.

(b) The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, direct patient access employees, and adult volunteers of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients. These rules, among other things, shall specify how the department or its designee may conduct background checks in accordance with this section.

(c) All applicants and prospective operators shall:

(1) Be subject to background checks; and

(2) Provide consent to the department or its designee to conduct background checks.

(d) All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

(1) Be subject to background checks in accordance with this section; and

(2) Provide consent to the department or its designee to conduct background checks.

(e) The department or its designee shall obtain background check information in accordance with this section from an applicant or operator, on the applicant or operator, and on any prospective employees of the applicant or operator including any new employee retained after the applicant is issued a license or certificate under this part, which shall include an annual name inquiry into state criminal history record files.

(f) The department may revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate under rules adopted pursuant to chapter 91 if the applicant, operator, employee, or adult volunteer at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client:

(1) Refuses to authorize the department or its designee to conduct a background check, refuses to authorize the department or its designee to obtain background check record information for verification, or refuses consent to be fingerprinted;

(2) Refuses or fails to submit to the department or its designee information required to perform a background check;

(3) Has any disqualifying information; or

(4) Has any background check information that the department finds may pose a risk to the health, safety, or welfare of the residents or patients of the healthcare facility.

(g) The fee charged by the Federal Bureau of Investigation and the Hawaii criminal justice data center to perform criminal history record checks may be passed on to all applicants, operators, direct patient access employees, and adult volunteers at the healthcare facility and, in the case of a facility operated in a private residence, all adults living in the home other than the clients.

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

(i) Any applicant or operator who receives information from the department or its designee relating to a background check of a direct patient access employee or adult volunteer or, in the case of a healthcare facility operated in a private residence, an adult living in the home other than the clients, is presumed to be acting in good faith and shall be immune from civil liability for reasonably taking or recommending action based upon the department's recommendation or direction. Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 368 and 378.

Background check record information shall be used exclusively by the department or its designee for the sole purpose of determining whether an applicant, operator, direct patient access employee, or adult volunteer at a healthcare facility, or, in the case of a facility operated in a private residence, any adult living in the home other than the clients is suitable for working or living in close proximity to residents of a healthcare facility such that the health, safety, and welfare of the residents would not be at risk. [L 2006, c 220, §2; am L Sp 2009, c 21, §§5, 8; am L 2011, c 220, §11; am L 2012, c 285, §2; am L 2014, c 125, §2; am L 2015, c 190, §1; am L 2019, c 158, §2]
Haw. Rev. Stat. § 332-2 — HI Code / Division 1 / Title 19 / Chapter 332 / Section 332-2
Materials.
Status: in_force

No person, by oneself or by the person's agents, servants, or employees, shall employ or use in the making, remaking, or renovating of any mattress, any material of any kind that has been used in or has formed a part of, any mattress used in or about any public or private hospital, or institution for the treatment of persons suffering from disease, or for or about any person having any infectious or contagious disease; any material known as "shoddy", and made in whole or in part from old worn clothing, carpets, or other fabrics, or materials previously used, or any other fabrics, or materials from which shoddy is constructed; or any material, not otherwise prohibited by this chapter, of which prior use has been made, unless all of the materials have been thoroughly sterilized, and disinfected by a reasonable process, approved by the department of health.
Haw. Rev. Stat. § 329B-5.5 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-5.5
Substance abuse on-site screening tests, testing procedures, and confidentiality.
Status: in_force

The substance abuse on-site screening test shall be administered according to the instructions of the manufacturer and this section:

(1) Every employer using a substance abuse on-site screening test shall administer the test according to the package insert that accompanies the substance abuse on-site screening test;

(2) Any indication of the presence of drugs, alcohol, or the metabolites of drugs by the substance abuse on-site screening test shall not be used to deny or deprive a person of employment or any benefit, or result in any adverse action against the employee or prospective employee, unless a substance abuse test is conducted according to section 329B-5 and the requirements of paragraph (3) are met;

(3) Upon the indication of the presence of drugs, alcohol, or the metabolites of drugs by the substance abuse on-site screening test, the employer shall have the employee or prospective employee report within four hours to a laboratory licensed by the department under section 329B-4 and be tested under section 329B-5. The employer shall bear the cost of the laboratory referral. An employee or prospective employee who fails to report for the substance abuse test may be denied or deprived of employment or any benefit, or have adverse action taken against the employee or prospective employee for refusing or failing to report for the substance abuse test; provided that the employer has provided to the employee or prospective employee written notice stating that:

(A) At the time of the substance abuse on-site screening test, the employer followed the procedures under section 329B-5.5;

(B) The employee or prospective employee was informed that the employee or prospective employee may refuse to submit to the substance abuse test; and

(C) If the employee or prospective employee refuses or fails to submit to the substance abuse test, the employer may take adverse employment action against the employee or prospective employee;

(4) The operator who administers the substance abuse on-site screening test shall have been trained in the use and administering of the on-site screening test by the manufacturer of the on-site screening test or the manufacturer's designee; and

(5) Any information concerning the substance abuse on-site screening test shall be strictly confidential. Such information shall not be released to anyone without the informed written consent of the individual tested and shall not be released or made public upon subpoena or any other method of discovery, except that information relating to a positive on-site screening test result of an individual shall be disclosed to the individual, a third party, the laboratory to which the individual is referred, and the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual tested and arising from the positive on-site screening test result. [L 1999, c 206, §1; am L 2007, c 179, §2]
Haw. Rev. Stat. § 327G-4 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-4
Revocation of advance mental health care directive.
Status: in_force

(a) A principal who has capacity at the time may revoke all or part of an advance mental health care directive, including the designation of an agent or alternate agents, at any time and in any manner that communicates intent to revoke. The principal shall give notice of the revocation to a health care provider, supervising health care provider, health care institution, agent, or guardian.

(b) A health care provider, agent, or guardian who is informed of a revocation shall promptly communicate the fact and extent of the revocation to the supervising health care provider and to any health care institution in which the principal is a patient or resident.

(c) A revocation is effective when notice of the revocation is received by the supervising health care provider or health care institution. The supervising health care provider or health care institution shall promptly record the fact and extent of the revocation, including the date and time of the revocation, in the principal's medical record.

(d) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent, unless otherwise specified in the decree or in the advance mental health care directive.

(e) An advance mental health care directive that conflicts with an earlier advance mental health care directive revokes the earlier directive to the extent of the conflict. [L 2004, c 224, pt of §2]
Haw. Rev. Stat. § 342L-14 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-14
Fees.
Status: in_force

Notwithstanding section 342L-36.5 to the contrary, the director may establish reasonable fees for the registration of underground storage tanks or tank systems, for the issuance, renewal, and modification of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances including inspections and necessary site visits (not including court costs or other costs associated with any formal enforcement action), and for the review, evaluation, and approval of plans regarding release response activities. The fees shall be deposited to the credit of the general fund.
Haw. Rev. Stat. § 321-11.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11.5
Establishment of fees.
Status: in_force

(a) The department of health, by rules adopted pursuant to chapter 91, may establish reasonable fees for the issuance or renewal of licenses, permits, variances, and various certificates required by law or by the department's rules. The fees may include the cost of related examinations, inspections, investigations, and reviews.

(b) All fees paid and collected pursuant to this section and rules adopted in accordance with chapter 91 from facilities seeking licensure or certification by the department of health, including hospitals, nursing homes, home health agencies, home care agencies, intermediate care facilities for individuals with intellectual disabilities, freestanding outpatient surgical facilities, adult day health care centers, rural health centers, laboratories, adult residential care homes, expanded adult residential care homes, developmental disability domiciliary homes, assisted living facilities, therapeutic living programs, and special treatment facilities, shall be deposited into the office of health care assurance special fund created under section 321-1.4. Any other entities required by law to be licensed by the department of health shall also be subject to reasonable fees established by the department of health by rules adopted in accordance with chapter 91.

(c) Other than the fees collected under subsection (b), all other fees collected under this section and section 321-15 shall be deposited into the sanitation and environmental health special fund established under section 321-27. [L 1982, c 80, §4; am L 1994, c 169, §§3, 9; am L 1996, c 164, §1; am L 1998, c 311, §§13, 16; am L 1999, c 120, §3; am L 2007, c 90, §2; am L Sp 2009, c 21, §§4, 8; am L 2010, c 176, §2; am L 2011, c 220, §11; am L 2014, c 125, §2; am L 2019, c 158, §2]
Haw. Rev. Stat. § 342J-6.5 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-6.5
Notification.
Status: in_force

(a) Not later than forty-five days after June 18, 1993, any person generating or transporting, or owning or operating a facility for treatment, storage, or disposal of, any substance listed as hazardous waste or identified by its characteristics as hazardous waste under 40 Code of Federal Regulations Part 261, shall file with the department a notification stating the location and general description of the activity and the type and amount of hazardous waste handled or generated by the person.

(b) Not later than forty-five days after the adoption pursuant to this chapter of any rule that lists or identifies by characteristics any substance as hazardous waste, any person generating or transporting the substance, or owning or operating a facility for treatment, storage, or disposal of the substance, shall file with the department a notification stating the location and general description of the activity and the type and amount of hazardous waste handled or generated by the person.

This subsection shall not apply to activities or hazardous waste as to which notification has been made in compliance with subsection (a).

(c) Any person required by this section to provide notification to the department shall also advise the department, by January 31 of each year following initial notification, of the following changes:

(1) Location of business;

(2) Name of business;

(3) Mailing address;

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

(5) Change of status from small quantity to large quantity generator; and

(6) Change of status from large quantity to small quantity generator.

(d) This section shall not apply to:

(1) Generators of less than one hundred kilograms of hazardous waste per month; or

(2) Any other person exempted from the notification requirements of this section pursuant to rules adopted by the department. [L 1993, c 267, §1]

Revision Note

"June 18, 1993" substituted for "the effective date of this section".
Haw. Rev. Stat. § 323D-49 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-49
Certificates of need; licenses and permits.
Status: in_force

(a) No permit or license shall be issued by any county or state officer for the development, construction, expansion, alteration, conversion, initiation, or modification of a health care facility or health care service, other than an existing hospital, or for the operation of a new health care facility or health care service unless there is submitted in connection with the application for such permit or license a current certificate of need issued by the state agency or a statement issued by the state agency that the health care facility or health care service is not required to hold a certificate of need under this part.

(b) No building permit shall be issued by any county or state officer for the development, construction, expansion, alteration, conversion, initiation, or modification of an existing hospital unless there is submitted in connection with the application for such building permit a current certificate of need issued by the state agency or a statement issued by the state agency that the existing hospital is not required to hold a certificate of need under this part. [L 1975, c 159, pt of §2; ren and am L 1977, c 178, pt of §2; am L 2004, c 33, §1]
Haw. Rev. Stat. § 333F-8.5 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-8.5
Advocacy agency for persons with developmental disabilities and mental illness.
Status: in_force

(a) The purpose of this section is to comply with federal law, which mandates the states to provide advocacy services to persons with developmental disabilities and mental illness in order to receive federal funds.

(b) The governor may designate an entity or agency to carry out the purposes of this section.

(c) The entity or agency designated by the governor shall have access to all records of any person with developmental disabilities or mental illness, to the extent required by federal law.

(d) The entity or agency so designated by the governor shall provide those advocacy services to persons with developmental disabilities or mental illness as required by federal law. All departments and agencies of the State and the judiciary shall cooperate with the entity or agency so designated to carry out the purposes of this section. [L 1992, c 249, §1; am L 1995, c 189, §8]
Haw. Rev. Stat. § 329-68 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-68
Protection of records; divulging confidential information prohibited; penalties.
Status: in_force

(a) All records and information required under this part shall be kept confidential; provided that disclosure of records and information to authorized state, county, and federal agencies is permissible.

(b) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety shall adopt and enforce rules as may be necessary to prevent improper acquisition or use of confidential information.

(b) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement shall adopt and enforce rules as may be necessary to prevent improper acquisition or use of confidential information.

(c) Any manufacturer, wholesaler, retailer or other person, including one who is authorized to obtain information, who, knowing the information obtained is from confidential records or files, intentionally discloses the records or information other than authorized by law, or who intentionally or knowingly aids or abets in the inspection or disclosure of such records or information by any person not authorized to inspect such records and information, shall be imprisoned not more than thirty days or fined not more than $5,000, or both. [L 1990, c 200, pt of §1; am L 1993, c 225, §4 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 328-10 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-10
Foods deemed misbranded when.
Status: in_force

A food shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular; or if its labeling or packaging fails to conform with the requirements of sections 328-2 and 328-19.1;

(2) If it is offered for sale under the name of another food;

(3) If it is an imitation of another food for which a definition and standard of identity has been prescribed by rules as provided by section 328-8; or if it is an imitation of another food that is not subject to paragraph (7), unless its label bears in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated;

(4) If its container is so made, formed, or filled as to be misleading;

(5) If in package form, unless it bears a label containing (A) the name and place of business of the manufacturer, packer, or distributor; (B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label; provided that under subparagraph (B) reasonable variations shall be permitted, and exemptions as to small packages shall be established, by rules adopted by the department of health;

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

(7) If it purports to be or is represented as a food for which a definition and standard of identity have been prescribed by rules as provided by section 328-8, unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standards, and, insofar as may be required by the rules, the common names of optional ingredients (other than spices, flavoring, and coloring) present in the food;

(8) If it purports to be or is represented as:

(A) A food for which a standard of quality has been prescribed by rules as provided by section 328-8 and its quality falls below such standard unless its label bears, in such manner and form as the rules specify, a statement that it falls below such standard; or

(B) A food for which a standard or standards of fill of container have been prescribed by rules as provided by section 328-8, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as the rules specify, a statement that it falls below such standard;

(9) If it is not subject to paragraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; provided that to the extent that compliance with the requirements of subparagraph (B) is impractical or results in deception or unfair competition, exemptions shall be established by rules prescribed by the department; and, provided further that the requirements of subparagraph (B) shall not apply to food products which are packaged at the direction of purchasers at retail at the time of sale, the ingredients of which are disclosed to the purchasers by other means in accordance with rules prescribed by the department;

(10) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the department determines to be, and by rules prescribes, as necessary in order to fully inform purchasers as to its value for such uses;

(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by rules prescribed by the department; and, provided further that this paragraph and paragraphs (7) and (9) with respect to artificial coloring shall not apply in the case of butter, cheese, or ice cream. The provisions of this paragraph regarding chemical preservatives shall not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the produce of the soil;

(12) If it is a product intended as an ingredient of another food and, when used according to the directions of the purveyor, will result in the final food product being adulterated or misbranded;

(13) If it is a color additive unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to the color additive prescribed under the Federal Act;

(14) If it is a raw agricultural commodity which is the produce of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical; provided that no such declaration shall be required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade;

(15) If it is a confectionery and contains alcohol in excess of one-half of one per cent by weight and that fact does not appear on the label for the food. [L 1941, c 318, §7; RL 1945, §2210; RL 1955, §51-10; am L Sp 1959 2d, c 1, §19; am L 1967, c 152, §5; HRS §328-10; am L 1972, c 151, §5; am L 1979, c 105, §34; am L 1987, c 52, §1; am L 1988, c 402, §3]
Haw. Rev. Stat. § 321-11.4 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11.4
Fees for electronic applications and payments.
Status: in_force

(a) Any departmental program that collects fees for the issuance of permits, licenses, certificates, or similar approvals, under chapters 340E, 340F, 342D, 342H, 342J, 342L, and that is required to deposit those fees to the credit of the general fund, may first deduct any electronic and credit card processing fees or charges that are made pursuant to agreements between the department and electronic services and credit card services providers from the total amount received by the department from the applicant for each payment made electronically.

(b) For purposes of this section, the term "credit card" includes credit cards, charge cards, and debit cards.

(c) A person making an electronic payment to the department remains liable for the underlying obligation except to the extent that the department realizes final payment of the underlying obligation in cash or the equivalent. If the credit card issuer, bank, or other guarantor of payment in the transaction does not pay the department, then the underlying obligation survives, and the department retains all remedies for enforcement that would have applied if the transaction had not occurred. No contract may modify the provisions of this subsection. This subsection, however, does not make the underlying obligor liable for any electronic or credit card fees paid to an electronic services provider or credit card issuer or party other than the department. [L 2008, c 83, §2]
Haw. Rev. Stat. § 325-2.5 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-2.5
Health care-associated infection reporting.
Status: in_force

(a) Each health care facility in the State that is certified by the Centers for Medicare and Medicaid Services shall report information about health care-associated infections to the Centers for Disease Control and Prevention's national healthcare safety network, as specified in the rules of the Centers for Medicare and Medicaid Services.

(b) Health care facilities subject to this section shall authorize the Centers for Disease Control and Prevention to allow the department to access health care-associated infection data reported by those health care facilities to the national healthcare safety network.

(c) The department may adopt rules pursuant to chapter 91 to require that health care-associated infections that are multidrug-resistant be reported to the department through the national healthcare safety network. The rules shall specify which health care facilities are required to report those health care-associated infections that are multidrug-resistant through the national healthcare safety network, as well as the patient populations that are to be targeted in the reports. The first year of reporting required under this subsection shall be a pilot test of the reporting system and shall not be reported or disclosed to the public.

(d) The department shall preserve patient confidentiality and shall not disclose to the public any patient-level data obtained from any health care facility.

(e) The department may issue reports to the public regarding health care-associated infections in aggregate data form to protect individual patient identity. The reports may identify individual health care facilities. The reports shall use the methodology or any part of the methodology developed by the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services for national reporting of health care-associated infections.

(f) Health care-associated infection information held by the department as a result of reporting under this section is not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; provided that health care-associated infection information otherwise available from other sources is not immune from subpoena, discovery, or introduction into evidence through those sources solely because the information was reported as required by this section.

(g) Beginning on June 30, 2013, and no later than June 30 of each year, thereafter, the department shall prepare a public report, in accordance with this section, containing information pertaining to health care-associated infections in the State for the previous calendar year.

(h) For the purposes of this section:

"Department" means the department of health.

"Health care facility" means the same as in section 323D-2. [L 2011, c 177, §2]

Revision Note

Section was enacted as an addition to chapter 321 but was renumbered to this chapter pursuant to §23G-15.
Haw. Rev. Stat. § 342B-13 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-13
Public participation.
Status: repealed

(a) Except as provided in subsections (b) and (c), where public participation is deemed appropriate by the director or is required, the director shall provide for notice and opportunity for public comment as follows:

(1) The director shall make available for public inspection in at least one location in the county affected by the proposed action, or in which the source is or would be located:

(A) Information on the subject matter;

(B) All information submitted by the applicant, except for that deemed confidential;

(C) The department's analysis and proposed action; and

(D) Other information and documents deemed appropriate by the department;

(2) The director shall notify the public of the availability of information listed in paragraph (1). Public notification shall be given once in the county affected by the proposed action, or in which the source is or would be located. The director shall also post this notice on the department's web site in an easily-located manner;

(3) Public notice shall be mailed to any person, group, or agency upon request;

(4) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit written comments on the subject matter, application, department's analysis and proposed actions, and other appropriate considerations. The period for comment may be extended at the discretion of the director; and

(5) The director, at the director's sole discretion, may hold a public hearing if the public hearing would aid in the director's decision. Any person may request a public hearing. The request shall be in writing and shall be filed within the thirty-day comment period prescribed in paragraph (4) and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The director shall give the public notice for a hearing in accordance with paragraph (2) at least thirty days in advance of the hearing date and shall conduct the hearing in the county which would be affected by the proposed action, or in which the source is or would be located.

(b) All rules shall be adopted, amended, and repealed pursuant to chapter 91. The director shall provide written notice to any person, who submitted comments during the comment period or presented testimony during the public hearing, of the final action taken by the department with respect to the rules.

(c) The director shall hold a public hearing when revising the state implementation plan required by the Clean Air Act, and the amendments thereto, and the regulations promulgated thereunder. [L 1992, c 240, pt of §1; am L 1993, c 208, §4; am L 1998, c 2, §87; am L 2000, c 150, §2]
Haw. Rev. Stat. § 321-563 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-563
[ §321-563] Seizure first aid; information.
Status: repealed

[ §321-563] Seizure first aid; information. [Section repealed on June 30, 2026. L 2021, c 150, §4.] (a) The department of health may provide employers, employees, and the general public with information in relation to rendering seizure first aid.

(b) Employers may disseminate to their employees information on seizure first aid provided by the department of health in various forms, including posting the information in a prominent place at the employers' workplace.

(c) For the purposes of this section, "seizure first aid" means procedures to respond, attend, and provide comfort and safety to a person suffering from a primary generalized tonic-clonic seizure or complex partial seizure. The term does not include training to medically treat a person suffering a seizure. [L 2021, c 150, §2]
Haw. Rev. Stat. § 321-346 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-346
Immunity from liability.
Status: in_force

All agencies and individuals participating in the review of child deaths pursuant to this part shall not be held civilly or criminally liable for providing the information required under this part.
Haw. Rev. Stat. § 321-7 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-7
Disbursement of moneys.
Status: in_force

For the purpose of carrying into effect the laws relating to the public health, the department of health may apportion and disburse all sums of money that are appropriated by the legislature for the preservation of the public health. The department shall observe the strictest economy in the expenditure of all public moneys placed under its control. The department shall also consider the alternative of leasing equipment versus equipment purchases. Such lease options may include, but not be limited to, contracts for maintenance, option to buy, and periodic updating of equipment. [PC 1869, c 59, §30; am L 1876, c 11, §4; RL 1925, §910; RL 1935, §901; RL 1945, §2009; RL 1955, §46-9; am L Sp 1959 2d, c 1, §19; HRS §321-7; am L 1979, c 33, §2]
Haw. Rev. Stat. § 334-142 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-142
Petition.
Status: in_force

Any family member may petition the family court for an order requiring a respondent to enter into an outpatient treatment program for substance abuse. The petition shall be in writing under penalty of perjury and include facts relating to:

(1) The conduct of the respondent that indicates substance abuse or addiction;

(2) The respondent's history of substance abuse, treatment, and relapse;

(3) The effects of the respondent's conduct on the family;

(4) The petitioner's good faith belief that the respondent poses an imminent danger to self or to others if the respondent does not receive treatment;

(5) The availability of treatment and financial resources to pay for treatment; and

(6) Any other reason for seeking court intervention. [L 2004, c 44, pt of §20]
Haw. Rev. Stat. § 322-3 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-3
Nuisance on public property.
Status: in_force

Whenever any nuisance, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease is found on public property or on a public highway, street, lane, alley, or other public place, notice shall be given by the department of health, or its agent, to the person officially in charge thereof, and the person shall be notified to abate, destroy, remove, or prevent the same. In case of failure to comply with the notice, the mode of procedure shall be the same as hereinbefore provided in case of private persons in section 322-2.
Haw. Rev. Stat. § 334-5 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-5
Confidentiality of records.
Status: in_force

All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined in this chapter, health plans as defined in title 45 Code of Federal Regulations section 160.103, and health care clearinghouses as defined in title 45 Code of Federal Regulations section 160.103, and directly or indirectly identifying a person subject hereto shall be kept confidential and shall not be disclosed by any person except as allowed by title 45 Code of Federal Regulations part 164, subpart E. Nothing in this section shall preclude the:

(1) Application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records;

(2) Disclosure deemed necessary under the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986, P.L. 99-319, to protect and advocate for the rights of persons with mental illness who reside in facilities providing treatment or care; or

(3) Disclosures made by a court or the Hawaii criminal justice data center of orders of involuntary civil commitment issued pursuant to section 334-60.5 for the purpose of firearms permitting or registration pursuant to chapter 134. [L 1967, c 259, pt of §1; HRS §334-5; am L 1973, c 122, §1; gen ch 1985; am L 1987, c 148, §1; am L 1999, c 87, §3; am L Sp 2000 2d, c 1, §1; am L 2001, c 244, §§3, 6; am L 2003, c 204, §8; am L 2004, c 22, §1; am L 2008, c 98, §2; am L 2014, c 87, §3 and c 214, §4]

Revision Note

Section is a blend of L 2014, c 87, §3 and c 214, §4.
Haw. Rev. Stat. § 325-102 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-102
Civil penalty.
Status: in_force

Any person or institution who wilfully violates any provision of this part 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 or persons whose records were released.
Haw. Rev. Stat. § 321-323 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-323
Definitions.
Status: in_force

For the purposes of this part:

"Preventive health care services" means services which promote, enhance, or maintain optimal health and well-being.

"Target population" means women of childbearing age, mothers, families, infants, children, youths, and adolescents. [L 1988, c 203, pt of §1]
Haw. Rev. Stat. § 342B-47 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-47
Civil penalties.
Status: in_force

(a) Any person who violates the vehicular smoke emission rules adopted by the department pursuant to this chapter shall be fined not less than $25 nor more than $2,500 for each separate offense. Each day of each violation constitutes a separate offense.

(b) Any person who violates the open burning control rules adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation constitutes a separate offense.

(c) Any person who violates this chapter, any rule adopted pursuant to this chapter, other than vehicular smoke emission control and open burning control rules, any condition of a permit issued or variance granted pursuant to this chapter, or any fee or filing requirement, shall be fined not more than $25,000 for each separate offense. Each day of each violation constitutes a separate offense.

(d) Any person who denies, obstructs, or hampers the entrance, inspection, or monitoring by any duly authorized officer or employee of the department of any building, place, or vehicle that the officer or employee is authorized to enter and inspect shall be fined not more than $25,000 for each separate offense. Each day of each violation constitutes a separate offense.

(e) State of mind shall not be an element of proof for civil violations. [L 1992, c 240, pt of §1; am L 1993, c 208, §8]
Haw. Rev. Stat. § 342D-59 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-59
Research, educational, and training programs.
Status: in_force

The director may:

(1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of water pollution, the quality of the receiving water and the means to monitor the quality of water, or to effect the proper disposal of sewage, drainage, and waste;

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

(3) Conduct and supervise state educational and training programs on water pollution prevention, control, and abatement, including the preparation and distribution of information relating to water pollution. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 328-11 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-11
Regulations to prevent contamination; emergency permits to manufacturers, processors and packers.
Status: in_force

Whenever the department of health finds after investigation that the distribution in the State of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health, and that the injurious nature cannot be adequately determined after such articles have entered commerce, it then, and in such case only, shall prescribe regulations providing for the issuance, to manufacturers, processors, or packers of such class of food in the locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food, for such temporary period of time, as may be necessary to protect the public health. After the effective date of the regulations, and during the temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed, or packed by any such manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the department as provided by such regulations.
Haw. Rev. Stat. § 321-9 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-9
Seal, rules and regulations.
Status: in_force

The department of health may adopt a seal and may adopt such rules and regulations as it may consider expedient for the conduct of its business. The department may amend or revise such rules and regulations from time to time. [RL 1935, pt of §904; am L 1937, c 122, §4; am L 1941, c 18, §1; RL 1945, §2011; RL 1955, §46-11; am L Sp 1959 2d, c 1, §19; HRS §321-9]
Haw. Rev. Stat. § 328-44 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-44
Bad food; bait.
Status: in_force

No storer or operator shall place in cold storage any article of food if diseased, tainted, or deteriorated so as to injure its keeping qualities or if not properly slaughtered, handled, and prepared for storage; provided that this section shall not apply to bait to be used for fishing purposes. All such bait shall be stored in rooms specially set aside for such purposes.
Haw. Rev. Stat. § 334-14 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-14
Group homes for substance abusers; source of funds; disposition of receipts.
Status: in_force

(a) All moneys to make loans for the establishment of housing in which individuals recovering from alcohol or drug abuse may reside in groups of not less than four individuals, 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 section.

(c) All moneys received from other funding sources, including but not limited to federal sources, or in repayment of loan principal, payment of interest, or fees, under this section shall be deposited to the credit of the state general fund. [L 1990, c 177, §2; am L 1993, c 280, §36]
Haw. Rev. Stat. § 338-10 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-10
Late determination of the cause of death.
Status: in_force

If the cause of death cannot be determined within three days, the certification of its cause may be filed after the prescribed period, but the attending physician, advanced practice registered nurse, or coroner's physician shall notify in writing the local agent of the department of health of the district in which the death occurred of the reason for late filing, in order that a permit for the disposition of the body may be issued.

As used in this section, "late" means more than three days after the date of death. [L 1949, c 327, §14; RL 1955, §57-13; am L Sp 1959 2d, c 1, §19; HRS §338-10; am L 1973, c 17, §7; am L 1997, c 305, §1; am L 2016, c 183, §5]
Haw. Rev. Stat. § 321-486.2 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-486.2
[ §321-486.
Status: in_force

[ §321-486.2] Right of entry. The department, when engaged in an investigation pursuant to section 321-486, may visit and communicate with any person operating the facility, home, or other type of living arrangement that is the subject of a report. Any person intentionally or knowingly obstructing or interfering with the department's right of entry, the department's investigation of a report of operating without a certificate or license, or the department's communication with a vulnerable person reported to be receiving care from an uncertified or unlicensed operator shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 328D-10 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-10
[ §328D-10] Injunctive relief.
Status: in_force

[ §328D-10] Injunctive relief. The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or any rule adopted to implement this chapter. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 325-54 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-54
Reports confidential; penalty.
Status: in_force

Any information secured from the tests or the reports in this part required to be made by persons having access to such tests or reports shall be used only in connection with their professional duties or within the scope and course of their employment, but not otherwise, and except to the extent required in connection with enforcement of the laws and ordinances of the State, and its political subdivisions, and valid rules and regulations adopted thereunder, which are for the protection of the public health, shall not be divulged to others than the doctor and other person permitted by law to attend and attending a pregnant woman, laboratory technicians, or the department of health and its duly authorized representatives. Any person violating this section shall be fined $500, or imprisoned not more than ninety days, or both.
Haw. Rev. Stat. § 326-25 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-25
Accounts, reports.
Status: in_force

The department of health shall keep an accurate and detailed account of all sums of money expended by it. The department shall report to the legislature at its regular sessions, such expenditures in detail, together with such information regarding Hansen's disease as it may deem to be of interest to the public. [PC 1869, c 62, §7; RL 1925, §1200; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1163; RL 1945, §2426; am L 1949, c 53, §18; RL 1955, §50-27; am L Sp 1959 2d, c 1, §19; HRS §326-25; am L 1969, c 152, §1; am L 1982, c 147, §15]
Haw. Rev. Stat. § 341-1 — HI Code / Division 1 / Title 19 / Chapter 341 / Section 341-1
Findings and purpose.
Status: in_force

The legislature finds that the quality of the environment is as important to the welfare of the people of Hawaii as is the economy of the State. The legislature further finds that the determination of an optimum balance between economic development and environmental quality deserves the most thoughtful consideration, and that the maintenance of the optimum quality of the environment deserves the most intensive care.

The purpose of this chapter is to stimulate, expand and coordinate efforts to determine and maintain the optimum quality of the environment of the State. [L 1970, c 132, pt of §1]
Haw. Rev. Stat. § 324-32 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-32
Release of information.
Status: in_force

(a) Consistent with section 324-31 and Public Law 93-380, the department of health may, if not otherwise prohibited by law release statistical records or information relating to the health surveillance program. The materials collected under this part shall only be used for the analysis of health, demographic, socio-economic, environmental and related factors for the evaluation of health problems, health programs, delivery and utilization of medical care, analysis and interpretation of public health trends, forecasting long and short range public health needs and for the determination of programs to meet such needs.

(b) The department of health may collect additional information requested by other public or private agencies and may release statistical information from the health surveillance program for research, educational or program purposes to the public or private agencies or individuals. [L 1977, c 117, pt of §1]
Haw. Rev. Stat. § 321-494 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-494
[ §321-494] Purchase of service.
Status: in_force

[ §321-494] Purchase of service. The department may negotiate the purchase of day care services for elder disabled and aged recipients, including other social services from individuals or other organizations, institutions, or agencies. Other social services shall be necessary and essential to maximize the functioning and well-being of the recipient. Purchase of day care center services shall include services that enhance the social functioning of each participant, promote and develop activities in daily living and personal independence by therapeutic arts and crafts, community excursions, hobby cultivation, group dynamics, and provisions for counseling to the participants and their families.
Haw. Rev. Stat. § 322-34 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-34
Payment presumed when.
Status: in_force

All such liens shall be presumed to have been satisfied at the expiration of six years from the date of record.
Haw. Rev. Stat. § 342J-5 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-5
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 director may require that applications for such permits shall be accompanied by plans, specifications, and information as the director deems necessary for the director to determine whether the proposed or existing hazardous waste management facility will be in compliance with applicable rules and standards.

(c) The director shall issue a permit for any term, not exceeding five years, if the director determines that the applicant and facility have complied with the provisions of this chapter. Each permit shall be reviewed five years after the date of issuance and shall be modified as necessary to assure that the facility and permittee continue to comply with applicable provisions of this chapter. Nothing in this subsection shall preclude the director from reviewing and modifying a permit at any time during its term. Each permit issued under this section shall contain such terms and conditions as the director determines are necessary to protect human health or the environment.

The director 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 term or 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 circumstance that necessitates a modification, suspension, or revocation of the permit; or

(4) Such is in the public interest.

Public notice shall be given of proposed decisions respecting permit issuance, reissuance, denial, revocation, suspension, substantial modification to a permit requested by a permittee, and modifications to a permit initiated by the director. The director may hold a public hearing before issuing a final decision respecting a permit issuance, reissuance, denial, revocation, suspension, request by a permittee to substantially modify a permit, and any modification to a permit initiated by the director if the director determines that such a public hearing is in the public interest. The permit notice and public hearing requirements in this section shall not apply to used oil permits as provided for in section 342J-54.

(d) No applicant for a modification or reissuance of a permit shall be held in violation of this chapter during the pendency of the applicant's application so long as the applicant acts consistently and the facility is in compliance with the permit previously granted. [L 1989, c 212, pt of §5; am L 1991, c 259, §6; am L 2000, c 3, §1]
Haw. Rev. Stat. § 321-214 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-214
Enforcement; rules.
Status: in_force

Any person under twenty-one years of age who violates section 321-212 shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the person is not employed and is not attending school.
Haw. Rev. Stat. § 329-122 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-122
Medical use of cannabis; conditions of use.
Status: in_force

(a) Notwithstanding any law to the contrary, the medical use of cannabis by a qualifying patient eighteen years of age or older shall be permitted only if:

(1) The physician, advanced practice registered nurse, or hospice provider who has determined the patient to be a qualifying patient has explained the potential risks and benefits of the medical use of cannabis to the qualifying patient and documented in the qualifying patient's medical record that the qualifying patient understands the potential risks and benefits of the medical use of cannabis; and

(2) The amount of cannabis possessed by the qualifying patient does not exceed an adequate supply.

(b) Notwithstanding any law to the contrary, the medical use of cannabis by a qualifying patient under the age of eighteen years shall be permitted only if:

(1) The physician, advanced practice registered nurse, or hospice provider who has determined the patient to be a qualifying patient has explained the potential risks and benefits of the medical use of cannabis to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient and documented in the qualifying patient's medical record that the qualifying patient and the parent, guardian, or person having legal custody of the qualifying patient understand the potential risks and benefits of the medical use of cannabis; and

(2) A parent, guardian, or person having legal custody consents in writing to:

(A) Allow the qualifying patient's medical use of cannabis;

(B) Serve as the qualifying patient's primary caregiver; and

(C) Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient.

(c) Notwithstanding any law to the contrary, the medical use of cannabis within the State by a qualifying out-of-state patient aged eighteen years or older legally authorized to use cannabis for medical purposes in another state, a United States territory, or the District of Columbia shall be permitted only if the qualifying out-of-state patient:

(1) Provides to the department of health a valid medical use of cannabis card with an explicit expiration date that has not yet passed from the issuing jurisdiction and a valid photographic identification card or driver's license issued by the same jurisdiction;

(2) Attests under penalty of law pursuant to section 710-1063 that the condition for which the qualifying out-of-state patient is legally authorized to use cannabis for medical purposes is a debilitating medical condition as defined in section 329-121;

(3) Provides consent for the department of health to obtain information from the qualifying out-of-state patient's certifying medical provider and from the entity that issued the medical cannabis card for the purpose of allowing the department of health to verify the information provided in the registration process;

(4) Pays the required fee for out-of-state registration to use cannabis for medical purposes;

(5) Registers with the department of health pursuant to section 329-123.5 to use cannabis for medical purposes;

(6) Receives a medical cannabis registry card from the department of health; and

(7) Abides by all laws relating to the medical use of cannabis, including not possessing an amount of cannabis that exceeds an adequate supply.

(d) Notwithstanding any law to the contrary, the medical use of cannabis by a qualifying out-of-state patient under eighteen years of age shall only be permitted if:

(1) The caregiver of the qualifying out-of-state patient provides the information required pursuant to subsection (c); and

(2) The caregiver of the qualifying out-of-state patient consents in writing to:

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

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

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

(e) The authorization for the medical use of cannabis in this section shall not apply to:

(1) The medical use of cannabis that endangers the health or well-being of another person;

(2) The medical use of cannabis:

(A) In a school bus, public bus, or any moving vehicle;

(B) In the workplace of one's employment;

(C) On any school grounds;

(D) At any public park, public beach, public recreation center, recreation or youth center; or

(E) At any other place open to the public; provided that a qualifying patient, primary caregiver, qualifying out-of-state patient, caregiver of a qualifying out-of-state patient, or an owner or employee of a medical cannabis dispensary licensed under chapter 329D shall not be prohibited from transporting cannabis or any manufactured cannabis product, as that term is defined in section 329D-1, in any public place; provided further that the cannabis or manufactured cannabis product shall be transported in a sealed container, not be visible to the public, and shall not be removed from its sealed container or consumed or used in any way while it is in the public place; and

(3) The use of cannabis by a qualifying patient, parent, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient, for purposes other than medical use permitted by this part.

(f) For the purposes of this section, "transport" means the transportation of cannabis, usable cannabis, or any manufactured cannabis product between:

(1) A qualifying patient and the qualifying patient's primary caregiver;

(2) A qualifying out-of-state patient under eighteen years of age and the caregiver of a qualifying out-of-state patient;

(3) The production centers and the retail dispensing locations under a dispensary licensee's license;

(4) Dispensaries, to the extent authorized by section 329D-6(r); or

(5) A production center, retail dispensing location, qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient and a certified laboratory for the purpose of laboratory testing; provided that a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may only transport up to one gram of cannabis per test to a certified laboratory for laboratory testing and may only transport the product if the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient:

(A) Secures an appointment for testing at a certified laboratory;

(B) Obtains confirmation, which may be electronic, that includes the specific time and date of the appointment and a detailed description of the product and amount to be transported to the certified laboratory for the appointment; and

(C) Has the confirmation, which may be electronic, available during transport.

For purposes of interisland transportation, "transport" of cannabis, usable cannabis, or any manufactured cannabis product, by any means is allowable only between dispensaries to the extent authorized by section 329D-6(r) and between a production center or retail dispensing location and a certified laboratory for the sole purpose of laboratory testing pursuant to section 329D-8, as permitted under section 329D-6(m) and subject to section 329D-6(j), and with the understanding that state law and its protections do not apply outside of the jurisdictional limits of the State. Allowable transport pursuant to this section does not include interisland transportation by any means or for any purpose between a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient and any other entity or individual, including an individual who is a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. [L 2000, c 228, pt of §2; am L 2001, c 55, §15; am L 2013, c 178, §3; am L 2015, c 241, §7; am L 2016, c 230, §8; am L 2017, c 41, §3 and c 170, §2; am L 2018, c 116, §5; am L 2022, c 309, §2; am L 2025, c 241, §4]
Haw. Rev. Stat. § 329-59 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-59
Controlled substance registration revolving fund; established.
Status: in_force

(a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the director of public safety for the purpose of:

(1) Offsetting the cost of the electronic prescription accountability system, investigation of violations of this chapter, the registration and control of the manufacture, distribution, prescription, and dispensation of controlled substances and regulated chemicals listed under section 329-61, within the State;

(2) Funding positions authorized by the legislature by law; and

(3) Funding the narcotics enforcement division's forensic drug laboratory facility.

(a) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the director of law enforcement for the purpose of:

(1) Offsetting the cost of the electronic prescription accountability system, investigation of violations of this chapter, the registration and control of the manufacture, distribution, prescription, and dispensation of controlled substances and regulated chemicals listed under section 329-61, within the State;

(2) Funding positions authorized by the legislature by law; and

(3) Funding the narcotics enforcement division's forensic drug laboratory facility.

(b) The fund shall consist of all moneys derived from fees collected pursuant to sections 329-31 and 329-67 and legislative appropriations. All fees collected pursuant to sections 329-31 and 329-67 shall be deposited in the controlled substance registration revolving fund. [L 1996, c 268, §3; am L 1999, c 252, §6; am L 2002, c 165, §5; am L 2008, c 119, §2; am L 2013, c 177, §3 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 321-230 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-230
Technical assistance, data collection, evaluation.
Status: in_force

(a) The department may contract for technical assistance and consultation, including categorization, data collection, and evaluation appropriate to the needs of the statewide emergency medical services system. The collection and analysis of statewide emergency medical services data, including pediatrics, trauma, cardiac, medical, and behavioral medical emergencies, shall be for the purpose of improving the quality of services provided.

The department may implement and maintain a trauma registry for the collection of information concerning the treatment of critical trauma patients at state designated trauma centers, and carry out a system for the management of that information. The system may provide for the recording of information concerning treatment received before and after a trauma patient's admission to a hospital or medical center. All state designated trauma centers shall submit to the department periodic reports of each patient treated for trauma in the state system in the manner as the department shall specify.

For the purposes of this subsection, "categorization" means systematic identification of the readiness and capabilities of hospitals and their staffs to adequately, expeditiously, and efficiently receive and treat emergency patients.

(b) The department shall establish, administer, and maintain an aeromedical emergency medical services system designed to collect and analyze data to measure the efficiency and effectiveness of each phase of the statewide emergency aeromedical program.

The department shall monitor aeromedical emergency ambulance service flights statewide to include date of service, patient demographics, transport diagnosis, and medical outcomes. The department shall work with each health care facility as the intermediary to arrange emergency transport of bariatric patients by the United States Coast Guard, and maintain a registry of all emergency transports provided by the United States Coast Guard. All statewide aeromedical providers shall submit their data to the department as specified and requested by the department.

The statewide aeromedical emergency medical services system shall serve the emergency health needs of the people of the State by identifying:

(1) The system's strengths and weaknesses;

(2) The allocation of resources; and

(3) The development of rotary-wing emergency aeromedical services standards;

provided that emergency helicopter use, including triage protocols, shall be based on national aeromedical triage and transport guidelines established by the Association of Air Medical Services, the American College of Surgeons, the National Association of Emergency Medical Service Physicians, or other department-approved national aeromedical accreditation agency. The department, in the implementation of this subsection, shall plan, coordinate, and provide assistance to all entities and agencies, public and private, involved in the statewide system.

(c) The department shall use an emergency aeromedical services quality improvement committee comprised of representatives of trauma, emergency, and tertiary care physicians and providers to analyze information collected from the aeromedical quality improvement performance measures as established by the American College of Surgeons, and to recommend system standards and resources to maintain and improve the Hawaii emergency aeromedical services system. [L 1978, c 148, pt of §1; am L 1980, c 285, §4; am L 1981, c 93, §6; am L 1994, c 242, §5; am L 2002, c 150, §1; am L Sp 2003, c 2, §4; am L 2021, c 208, §14]
Haw. Rev. Stat. § 323F-56 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-56
Liabilities.
Status: in_force

(a) The State, the Maui regional system board, or the corporation, separately or collectively, shall be responsible for any and all obligations incurred by the facility or facilities to be transferred, the Maui regional system, or the corporation prior to the transfer completion date including any accounts payable, accrued paid time off, debt, capital leases, malpractice liabilities, and other obligations incurred before the transfer completion date. Any and all liabilities of the pre-transfer facility that were transferred to the corporation upon its creation by Act 262, Session Laws of Hawaii 1996, all liabilities of the pre-transfer facility related to collective bargaining contracts negotiated by the State, and the liability for all current outstanding post-employment benefits of the regional system or the corporation shall remain the responsibility of the State.

(b) All liabilities arising out of a transferred facility's management and operation in a transferred facility, on or after the transfer completion date, shall be the responsibility of the private entity or its nonprofit management entity. [L 2015, c 103, pt of §2]
Haw. Rev. Stat. § 322-28 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-28
Entry upon and acquisition of land.
Status: in_force

The comptroller may enter upon all lands on the routes of the proposed drains or ditches for the purpose of examining, surveying, and laying out the route thereof, and upon all lands proposed to be included in any such drainage district for the purpose of determining whether the same or any portion thereof shall be included in the district, and institute and conduct proceedings for the condemnation of all lands declared by the comptroller, when the comptroller's order is not appealed from, or by the board on appeal to be necessary for rights-of-way for the drains or ditches. In acquiring any such lands the method pursued shall be as prescribed in chapter 101; provided that in acquiring by condemnation proceedings any land situated within the drainage district the award of compensation therefor shall be without deduction for any benefits accruing to the remainder of the lot or parcel by reason of the construction of such improvement.

Any lands acquired by condemnation for rights-of-way for drains or ditches shall be paid for out of any funds available for the improvement of any lands under this part. [L 1915, c 190, §6; RL 1925, §982; RL 1935, §1332; RL 1945, §2723; RL 1955, §47-27; am L Sp 1959 2d, c 1, §12; HRS §322-28; gen ch 1985]
Haw. Rev. Stat. § 340E-40 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-40
Drinking water fund; interest and investment on accounts.
Status: in_force

Moneys in the drinking water 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 drinking water fund.
Haw. Rev. Stat. § 321-13.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-13.5
Certified nurse aides; investigations of abuse and neglect.
Status: in_force

[§321-13.5 Certified nurse aides; investigations of abuse and neglect.] The department shall adopt rules pursuant to chapter 91 relating to:

(1) The investigation of:

(A) Abuse or neglect by a certified nurse aide working in a health care setting licensed or certified by the department; and

(B) Misappropriation of an individual's property by a certified nurse aide working in a health care setting licensed or certified by the department; and

(2) Action taken against a certified nurse aide as a result of an investigation pursuant to paragraph (1). [L 2007, c 226, §2]
Haw. Rev. Stat. § 338-30 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-30
Penalties.
Status: in_force

(a) Except where a different penalty is provided in this part, any person who violates this part, or neglects or refuses to perform any of the duties imposed upon the person by this part, shall be fined not more than $100.

(b) Any person who wilfully makes or alters any certificate or certified copy thereof provided for in this part except in accordance with this part, shall be fined not more than $1,000, or imprisoned not more than six months, or both.

(c) Any person, who knowingly transports, or accepts for transportation, interment, or other disposition, a dead body without an accompanying permit issued in accordance with this part, shall be fined not more than $500.

(d) Any person who presents false information in order to obtain access to or a certified copy of a vital record for which the person is not eligible is guilty of a misdemeanor and shall be fined not more than $1,000. [L 1949, c 327, §33; RL 1955, §57-33; HRS §338-30; am L 1977, c 118, §2; gen ch 1985]