Haw. Rev. Stat. § 323F-7 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-7
Duties and powers of the corporation and regional system boards.
Status: in_force

(a) Notwithstanding any other law to the contrary and unless otherwise specified, only those duties and powers related to corporation-wide matters, including but not limited to corporation-wide budgeting, personnel policies, procurement policies, fiscal policies, accounting policies, policies related to affiliations, joint ventures and contracts, regulatory compliance, risk management, continuing medical education programs, strategic planning, and capital planning, including the issuance of revenue bonds in any amount, shall be carried out by the corporation board in collaboration with the regional system boards. Duties and powers related to the operation of facilities within each regional system, including but not limited to regional system and facility budgeting, employment and removal of regional system and facility personnel, purchasing, regional system strategic and capital planning, organization, quality assurance, improvement and reporting, credentialing of medical staff, and the issuance of revenue bonds in any amount with corporation board approval, shall be carried out by the regional system boards, either directly or by delegation to regional and facility administration. Unless otherwise prohibited, the duties and powers granted to the corporation board may be delegated to the regional system boards.

(b) Duties and powers exercised by the regional system boards under this chapter or delegated to the regional system boards by the corporation board shall be consistent with corporation-wide policies. Wherever appropriate, corporation-wide policies shall take into account differences among regional systems and among types of facilities, particularly acute care, critical access, and long-term care facilities within the system.

New corporation-wide policies, and major changes to existing policies other than those changes mandated by legal or regulatory requirements, shall be developed by the corporation board after consultation with a policies committee. The policies committee shall be made up of representatives of the corporation board and each regional system board or designees of each board. The corporation board shall have two representatives on this committee. The corporation board shall review and consider approval of the policies within thirty days of transmittal by the policies committee or at the next board meeting; provided that, if the policies committee fails to take action within thirty days of receiving the proposed policy, the corporation board may consider and adopt or reject or revise the policy. The regional system boards and corporation board, as needed, may submit a request to the committee to alter corporation-wide policies along with detailed justification for the request. The regional system boards and the corporation board shall collaboratively establish a procedure to further implement this section.

(c) Notwithstanding any other law to the contrary, the corporation and any of the regional system boards shall exercise the following duties and powers:

(1) Developing corporation-wide policies, procedures, and rules necessary or appropriate to plan, operate, manage, and control the system of public health facilities and services without regard to chapter 91; provided that each regional system board shall be responsible for its own policies, procedures, and rules necessary or appropriate to plan, operate, manage, and control the public health facilities within its own regional system consistent with corporation policies;

(2) Evaluating the need for additional health facilities and services; provided that each regional system board shall be responsible for the evaluation within its own regional system;

(3) Entering into and performing any contracts, leases, cooperative agreements, partnerships, or other transactions whatsoever that may be necessary or appropriate in the performance of its purposes and responsibilities, and on terms the corporation, or regional system boards, may deem appropriate, with either:

(A) Any agency or instrumentality of the United States, or with any state, territory, or possession, or with any subdivision thereof; or

(B) Any person, firm, association, partnership, or corporation, whether operated on a for-profit or not-for-profit basis;

provided that the transaction furthers the public interest; and provided further that if any dispute arises between any contract, lease, cooperative agreement, partnership, or other transaction entered into by the corporation and a regional system board with regard to matters solely within that regional system, after July 1, 2007, the contract, lease, cooperative agreement, partnership, or other transaction entered into by the regional system board shall prevail; and provided further that such agreements are consistent with corporation policies;

(4) Conducting activities and entering into business relationships as the corporation board, or any regional system board, deems necessary or appropriate, including but not limited to:

(A) Creating nonprofit corporations, including but not limited to charitable fund-raising foundations, to be controlled wholly by the corporation, any regional system board, or jointly with others;

(B) Establishing, subscribing to, and owning stock in business corporations individually or jointly with others; and

(C) Entering into partnerships and other joint venture arrangements, or participating in alliances, purchasing consortia, health insurance pools, or other cooperative arrangements, with any public or private entity; provided that any corporation, venture, or relationship entered into under this section furthers the public interest; provided further that this paragraph shall not be construed to authorize the corporation or a regional system board to abrogate any responsibility or obligation under paragraph (15);

provided that each regional system board shall be responsible for conducting the activities under this paragraph in its own regional system consistent with policies established by the corporation board;

(5) Participating in and developing prepaid health care service and insurance programs and other alternative health care delivery programs, including programs involving the acceptance of capitated payments or premiums that include the assumption of financial and actuarial risk; provided that each regional system board shall be responsible for conducting the activities under this paragraph in its own regional system consistent with policies established by the corporation board;

(6) Executing, in accordance with all applicable bylaws, rules, and laws, all instruments necessary or appropriate in the exercise of any powers of the corporation or regional system boards;

(7) Preparing and executing all corporation-wide budgets, policies, and procedures or any regional system budgets, policies, and procedures; provided that the regional system boards shall submit their regional and facility budgets to the corporation to be consolidated into a corporation-wide budget for purposes of corporation-wide planning and appropriation requests. Regional system and facility budgets shall be received by the corporation and shall be included in the corporation-wide budget upon submittal to the corporation;

(8) Setting rates and charges for all services provided by the corporation without regard to chapter 91; provided that the duty and power of the corporation board shall be limited to approving the rates and charges developed by the regional system boards for the regional system's facilities and services. Rates and charges may vary among regional systems and facilities and may be consolidated with the rates of other regional systems into one charge master. Third-party payer contracts may be negotiated at the corporation-wide level with input from the regional systems, taking into consideration the rates set by the regional system boards. For purposes of securing revenue bonds, the corporation or regional system board may covenant to set, and if necessary increase, rates and charges as needed to pay debt service and related obligations plus a coverage factor;

(9) Developing a corporation-wide hospital system that is subject to chapters 76 and 89; provided that employment of regional system and facility personnel shall be the responsibility of the regional system boards pursuant to corporation-wide policies and procedures, applicable laws, rules, regulations, and collective bargaining agreements;

(10) Developing the corporation's corporation-wide capital and strategic plans or any regional system board's capital and strategic plans; provided that each regional system board shall be responsible for development of capital and strategic plans in its own regional system that shall be consistent with, and incorporated into, the overall corporation-wide plans; and provided further that the corporation and each regional system board shall be entitled to undertake the acquisition, construction, and improvement of property, facilities, and equipment to carry out these capital and strategic plans;

(11) Suing and being sued; provided that only the corporation may sue or be sued; and provided further that the corporation and regional system boards shall enjoy the same sovereign immunity available to the State;

(12) Making and altering corporation board and regional system board bylaws for its organization and management without regard to chapter 91 and consistent with this chapter; provided that each regional system board shall be responsible for the final approval of its regional system board bylaws;

(13) Adopting rules without regard to chapter 91 governing the exercise of the corporation's or regional system boards' powers and the fulfillment of its purpose under this chapter;

(14) Entering into any contract or agreement whatsoever, not inconsistent with this chapter or the laws of this State, and authorizing the corporation, regional system boards, and chief executive officers to enter into all contracts, execute all instruments, and do all things necessary or appropriate in the exercise of the powers granted in this chapter, including securing the payment of bonds; provided that the corporation board shall delegate to a regional system board its authority to enter into and execute contracts or agreements relating to matters exclusively affecting that regional system; provided further that a regional system board shall exercise this power consistent with corporation-wide policies; and provided further that contracts or agreements executed by a regional system board shall encumber only the regional subaccounts of that regional system board;

(15) Issuing revenue bonds up to $100,000,000 subject to the approval of the governor or the director of finance; provided that:

(A) All revenue bonds shall be issued pursuant to part III, chapter 39;

(B) The corporation and any regional system board shall have the power to issue revenue bonds in any amount without regard to any limitation in chapter 39; and

(C) The corporation shall have the power to incur debt, including the issuance of revenue bonds in any amount, and the regional system boards shall have the power to issue revenue bonds in any amount upon approval by the corporation board;

(16) Reimbursing the state general fund for debt service on general obligation bonds or reimbursable general obligation bonds issued by the State for the purposes of the corporation or any regional system board;

(17) Pledging or assigning all or any part of the receipts, revenues, and other financial assets of the corporation or the regional system boards for purposes of meeting or securing bond or health systems liabilities; provided that each regional system board shall be responsible for conducting the activities under this paragraph in its own regional system. Any pledge or assignment by the corporation or any regional system board to secure revenue bonds or health system liabilities shall be valid and binding in accordance with its terms against the pledgor, creditors, and all others asserting rights thereto from the time the pledge or assignment is made, without the need of physical delivery, recordation, filing, or further act. The corporation shall not take or omit to take any act that would interfere with, impair, or adversely affect any pledge or assignment by a regional system board pursuant to this chapter. In connection with issuing revenue bonds or related obligations, consistent with corporation policies and procedures, any regional system board may make such other covenants, binding on the regional system board and the corporation, that the regional system board determines to be necessary or appropriate to establish and maintain security for the revenue bonds or related obligations;

(18) Owning, purchasing, leasing, exchanging, or otherwise acquiring property, whether real, personal, or mixed, tangible or intangible, and of any interest therein, in the name of the corporation, which property is not owned or controlled by the State but is owned or controlled by the corporation; provided that:

(A) Regional system boards shall have custodial control over facilities and physical assets in their respective regional systems. A regional system board may own, purchase, lease, exchange, or otherwise acquire property, whether real, personal, or mixed, tangible or intangible, and of any interest therein, other than property owned or controlled by the corporation, in the name of the regional system board; provided further that a regional system board shall be subject to section 323F-3.5; and

(B) Each regional system board shall be responsible for conducting the activities under this paragraph in its own regional system;

(19) Maintaining, improving, pledging, mortgaging, selling, or otherwise holding or disposing of property, whether real, personal, or mixed, tangible or intangible, and of any interest therein, at any time and manner, in furtherance of the purposes and mission of the corporation or any regional system board; provided that the corporation or any regional system board legally holds or controls the property in its own name; provided further that other than to secure revenue bonds and related obligations and agents, and to transition into a new entity, the corporation or any regional system board shall not sell, assign, lease, hypothecate, mortgage, pledge, give, or dispose of all or substantially all of its property; and provided further that each regional system board shall be responsible for conducting the activities under this paragraph in its own regional system, and control over such property shall be delegated to each regional system board; provided further that this paragraph shall not be construed to authorize the sale, pledge, or mortgage of real property under the control of the corporation or a regional system board;

(20) Purchasing insurance and creating captive insurers in any arrangement deemed in the best interest of the corporation, including but not limited to funding and payment of deductibles and purchase of reinsurance; provided that only the corporation shall have the power to create captive insurers to benefit public health facilities and operations in all regional systems; and provided further that a regional system board may purchase insurance for its regional system in collaboration with the other regional systems and the corporation until captive coverage is provided by the corporation;

(21) Acquiring by condemnation, pursuant to chapter 101, any real property required by the corporation to carry out the powers granted by this chapter;

(22) Depositing any moneys of the corporation or any regional system board in any banking institution within or without the State, and appointing, for the purpose of making deposits, one or more persons to act as custodians of the moneys of the corporation or any regional system board; provided that regional system boards may deposit moneys in banking institutions pursuant to corporation-wide guidelines established by the corporation board;

(23) Contracting for and accepting any gifts, grants, and loans of funds, property, or any other aid in any form from the federal government, the State, any state agency, or any other source, or any combination thereof, and complying, subject to this chapter, with the terms and conditions thereof; provided that the regional system boards shall be responsible for contracting for and accepting any gifts, grants, loans, property, or other aid if intended to benefit the public health facilities and operations exclusively in their respective regional systems; and provided further that all contracting for or acceptance of gifts, grants, loans, property, or other aid shall be consistent with corporation-wide policies established by the corporation board;

(24) Providing health and medical services for the public directly or by agreement or lease with any person, firm, or private or public corporation, partnership, or association through or in the health facilities of the corporation or regional system boards or otherwise; provided that the regional system boards shall be responsible for conducting the activities under this paragraph in their respective regional systems;

(25) Approving medical staff bylaws, rules, and medical staff appointments and reappointments for all public health facilities of the corporation or any regional system board, including but not limited to determining the conditions under which a health professional may be extended the privilege of practicing within a health facility, as determined by the respective regional system board and consistent with corporation-wide policies, and adopting and implementing reasonable rules, without regard to chapter 91, for the credentialing and peer review of all persons and health professionals within the facility; provided that regional system boards shall be the governing body responsible for all medical staff organization, peer review, and credentialing activities to the extent allowed by law;

(26) (A) Investing any funds not required for immediate disbursement in property or in securities that meet the standard for investments established in chapter 88 as provided by the corporation board or any regional system board; provided that proceeds of bonds and moneys pledged to secure bonds may be invested in obligations permitted by any document that authorizes the issuance or securing of bonds; and provided further that the investment assists the corporation or any regional system board in carrying out its public purposes; selling from time to time securities thus purchased and held, and depositing any securities in any bank or financial institution within or without the State. Any funds deposited in a banking institution or in any depository authorized in this section shall be secured in a manner and subject to terms and conditions as the corporation board or a regional system board may determine, with or without payment of any interest on the deposit, including without limitation time deposits evidenced by certificates of deposit. Any bank or financial institution incorporated under the laws of this State may act as depository of any funds of the corporation or a regional system board and may issue indemnity bonds or may pledge securities as may be required by the corporation or regional system board; provided that regional system boards may exercise the powers under this subsection with respect to financial assets of the regional system consistent with corporation-wide policies; and

(B) Notwithstanding subparagraph (A), contracting with the holders of any of its notes or bonds as to the custody, collection, securing, investment, and payment of any moneys of the corporation or regional system board and of any moneys held in trust or otherwise for the payment of notes or bonds and carrying out the contract. Moneys held in trust or otherwise for the payment of notes or bonds or in any way to secure notes or bonds, and deposits of such moneys, may be secured in the same manner as moneys of the corporation or regional system board, and all banks and trust companies are authorized to give security for the deposits;

(27) Entering into any agreement with the State, including but not limited to contracts for the provision of goods, services, and facilities in support of the corporation's programs or the regional system boards' programs, and contracting for the provision of services to or on behalf of the State; provided that the regional system boards shall be responsible for entering into agreements to provide goods, services, and facilities in support of programs in their respective regional systems consistent with corporation-wide policies;

(28) Having a seal and altering the same at pleasure;

(29) Waiving, by means that the corporation or regional system board deems appropriate, the exemption from federal income taxation of interest on the corporation's or regional system boards' bonds, notes, or other obligations provided by the Internal Revenue Code of 1986, as amended, or any other federal statute providing a similar exemption;

(30) Developing internal policies and procedures for the procurement of goods and services, consistent with the goals of public accountability and public procurement practices, and subject to management and financial legislative audits; provided that the regional system boards shall be responsible for developing internal policies and procedures for each of their regional systems consistent with the corporation's policies and procedures; and further provided that:

(A) The regional system boards and the corporation board shall enjoy the exemption under section 103-53(e);

(B) The regional system boards shall enjoy the exemption under chapter 103D; and

(C) The corporation shall be subject to chapter 103D;

(31) Authorizing and establishing positions; provided that regional system boards shall be responsible for hiring and firing regional and facility personnel consistent with corporation policies, except a regional chief executive officer shall only be hired or dismissed upon the approval of the regional system board as further set forth in section 323F-8.5;

(32) Having and exercising all rights and powers necessary or incidental to or implied from the specific powers granted in this chapter, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter; provided that the regional system boards shall be responsible for having and exercising all powers and rights with respect to matters in their regional systems consistent with the law; and

(33) Each regional system, through its regional system board, shall:

(A) Develop policies and procedures necessary or appropriate to plan, operate, manage, and control the day-to-day operations of facilities within the regional system that are consistent with corporation-wide policies;

(B) Exercise custodial control over and use of all assets of the corporation that are located in the regional system pursuant to this chapter; and

(C) Expend funds within its approved regional system budget and expend additional funds in excess of its approved regional system budget upon approval of the corporation board.

(d) Each regional system board shall not be subject to chapters 36 to 38, 40, 41D, and 103D as well as part I of chapter 92 and shall enjoy the exemptions contained in sections 102-2 and 103-53(e), except as otherwise provided in this chapter. The corporation shall not be subject to chapters 36 to 38, 40, and 41D, as well as part I of chapter 92, and shall enjoy the exemptions contained in sections 102-2 and 103-53(e); provided that the exemption provided under this subsection to chapter 37D shall only apply to financing agreements of $5,000,000 or less; provided further that the aggregate value of financing agreements per fiscal year shall not exceed $25,000,000.

(e) The duties and powers granted to the corporation or any regional system board may not be used to enter into contractual or business relationships that have the practical effect of allowing or are intended to allow private-sector counterparts to replace existing employee positions or responsibilities within the corporation or in any regional system or its facilities; provided the corporation or regional system boards shall be allowed to enter into such relationships to the extent and for the purposes that the division of community hospitals could have done under collective bargaining contracts that were in effect for the 1995-1996 fiscal year. [L 1996, c 262, pt of §2; am L 1998, c 229, §6; am L 2000, c 279, §6; am L 2002, c 148, §37; am L 2004, c 216, §37; am L 2007, c 290, §23; am L 2009, c 182, §12]
Haw. Rev. Stat. § 329-63 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-63
Person required to keep records and file reports.
Status: in_force

(a) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, receives, or brings in from outside the State, or otherwise furnishes a substance specified in section 329-61, or an encapsulating or tableting machine shall keep a record of each transaction for a period of two years after the date of transaction.

(b) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, receives, or brings in from outside the State, or otherwise furnishes a substance specified in section 329-61, for use by a person in this State shall report to the administrator the following:

(1) Any regulated transaction involving:

(A) An above threshold quantity;

(B) Any suspicious or out-of-the-ordinary quantity of a chemical listed in [section] 329-61;

(C) An uncommon method of payment or delivery; or

(D) Any other circumstances that the regulated person believes may indicate that the regulated chemical will be used in violation of this part;

(2) Any proposed regulated transaction with a person whose description or other identifying characteristics the department has previously furnished to the regulated person;

(3) Any unusual or excessive loss or disappearance of a regulated chemical listed under section 329-61 that is under the control of the regulated person, to include exempted items. The regulated person responsible for reporting a loss in-transit is the supplier;

(4) Any regulated transaction of a tableting machine or an encapsulating machine; and

(5) All single entity ephedrine transactions.

(c) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety shall provide a common reporting form for the substances in section 329-61 that contains at least the following information:

(1) Name of the substance;

(2) Quantity of the substance sold, transferred, or furnished;

(3) The date the substance was sold, transferred, or furnished;

(4) The name and address of the person buying or receiving the substance; and

(5) The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing such substance.

(c) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement shall provide a common reporting form for the substances in section 329-61 that contains at least the following information:

(1) Name of the substance;

(2) Quantity of the substance sold, transferred, or furnished;

(3) The date the substance was sold, transferred, or furnished;

(4) The name and address of the person buying or receiving the substance; and

(5) The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing such substance.

(d) Each report submitted pursuant to subsection (b) of this section, whenever possible, shall be made orally to the department at the earliest practicable opportunity after the regulated person becomes aware of the circumstances involved and as much in advance of the conclusion of the transaction as possible. A written report shall also be submitted to the department following an oral report. [L 1990, c 200, pt of §1; am L 1999, c 252, §9 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 329-34 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-34
Revocation and suspension of registration.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) A registration under section 329-33 to manufacture, distribute, dispense, or conduct reverse distribution with a controlled substance may be suspended or revoked by the department of public safety upon a finding that the registrant:

(1) Has furnished false or fraudulent material information in any application filed under this chapter;

(2) Has been convicted of a felony or has been granted a motion for the deferral of acceptance of a guilty plea or a nolo contendere plea to a felony, pursuant to chapter 853 and under any state or federal law relating to any controlled substance;

(3) Has had the registrant's federal registration suspended or revoked to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances; or

(4) Has had the registrant's state license to practice the registrant's profession suspended or revoked by the applicable governing state board.

(b) The department of public safety may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(c) If the department of public safety suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the State.

(d) The department of public safety shall promptly notify the Bureau of all orders suspending or revoking registration and all forfeitures of controlled substances. [L 1972, c 10, pt of §1; am L 1980, c 147, §1; gen ch 1985; am L 1986, c 214, §4; am L 1990, c 281, §10; am L 2016, c 218, §9]

§329-34 Revocation and suspension of registration. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] (a) A registration under section 329-33 to manufacture, distribute, dispense, or conduct reverse distribution with a controlled substance may be suspended or revoked by the department of law enforcement upon a finding that the registrant:

(1) Has furnished false or fraudulent material information in any application filed under this chapter;

(2) Has been convicted of a felony or has been granted a motion for the deferral of acceptance of a guilty plea or a nolo contendere plea to a felony, pursuant to chapter 853 and under any state or federal law relating to any controlled substance;

(3) Has had the registrant's federal registration suspended or revoked to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances; or

(4) Has had the registrant's state license to practice the registrant's profession suspended or revoked by the applicable governing state board.

(b) The department of law enforcement may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(c) If the department of law enforcement suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the State.

(d) The department of law enforcement shall promptly notify the Bureau of all orders suspending or revoking registration and all forfeitures of controlled substances. [L 1972, c 10, pt of §1; am L 1980, c 147, §1; gen ch 1985; am L 1986, c 214, §4; am L 1990, c 281, §10; am L 2016, c 218, §9 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 342H-18 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-18
Other powers of department not affected.
Status: in_force

The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law.
Haw. Rev. Stat. § 342F-12 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-12
Injunctive and other relief.
Status: in_force

The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 328-14 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-14
Drugs or devices deemed adulterated when.
Status: in_force

A drug or device shall be deemed to be adulterated:

(1) (A) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or

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

(ii) If the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that the drug or device meets the requirements of this part as to safety and has the identity and strength, and meets the quality and purity characteristics which it purports or is represented to possess; or

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

(D) If:

(i) It bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the Federal Act; or

(ii) It is a color additive, the intended use of which is for purposes of coloring only, and is unsafe within the meaning of the Federal Act;

(2) If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. Such a determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence of or inadequacy of these tests or methods of assay, those prescribed under authority of the Federal Act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in the compendium, if its difference in strength, quality, or purity from that standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States and not those of the United States Pharmacopoeia;

(3) If it is not subject to paragraph (2) and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess;

(4) If it is a drug and any substance has been (A) mixed or packed therewith so as to reduce its quality or strength; or (B) substituted wholly or in part therefor. [L 1941, c 318, §10; RL 1945, §2214; RL 1955, §51-14; am L 1967, c 152, §8; HRS §328-14; am L 1995, c 6, §1]
Haw. Rev. Stat. § 321-198 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-198
State funding of substance abuse agencies.
Status: in_force

Certification of a private substance abuse agency pursuant to section 321-193(10), shall be a necessary prerequisite to that substance abuse agency receiving any state funding. This section shall take effect on December 31, 1979.
Haw. Rev. Stat. § 333F-1 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-1
Definitions.
Status: in_force

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

"Active treatment" means provision of services as specified in an individualized service plan. These services may include, but are not limited to, activities, experiences, and therapy which are part of a professionally developed and supervised program of health, social, habilitative, and developmental services.

"Applicant" means every person applying for a license to become a provider of an adult foster home or developmental disabilities domiciliary home.

"Case management services" means services to persons with developmental or intellectual disabilities that assist them in gaining access to needed social, medical, legal, educational, and other services, and includes:

(1) Follow-along services which assure, through a continuing relationship between an agency or provider and a person with a developmental or intellectual disability and the person's parent, if the person is a minor, or guardian, if a guardian has been appointed for the purpose, that the changing needs of the person and the family are recognized and appropriately met.

(2) Coordinating and monitoring services provided to persons with developmental or intellectual disabilities by two or more persons, organizations, or agencies.

(3) Providing information to persons with developmental or intellectual disabilities about availability of services and assisting the persons in obtaining the services.

"Current employee" means every person currently employed by an applicant, who will become an adult foster or developmental disabilities domiciliary home caregiver once the applicant is approved to be a provider by the department.

"Department" means the department of health.

"Developmental disabilities" means a severe, chronic disability of a person which:

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

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

(3) Is likely to continue indefinitely;

(4) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and

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

An individual from birth to age nine who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting three or more of the criteria described above, if the individual, without services and supports, has a high probability of meeting those criteria later in life.

"Director" means the director of health.

"Existing provider" means every person licensed or certified as an adult foster or developmental disabilities domiciliary home provider before the effective date of section 321-15.2.

"Habilitation" means the process by which the staff of an agency assists an individual to cope more effectively with the demands of his or her own person and environment and to raise the level of his or her physical, mental, and social functioning. Habilitation includes, but is not limited to, programs of formal structured education and treatment.

"Individualized service plan" means the written plan required by section 333F-6 that is developed by the individual, with the input of family, friends, and other persons identified by the individual as being important to the planning process. The plan shall be a written description of what is important to the person, how any issue of health or safety shall be addressed, and what needs to happen to support the person in the person's desired life.

"Individually appropriate" means responsive to the needs of the person as determined through interdisciplinary assessment and provided pursuant to an individualized service plan that is person-centered and community-based.

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

"Interdisciplinary team" means a group of persons that is drawn from or represents those professions, disciplines, or service areas that are relevant to identifying an individual's needs and designing a program to meet them, and is responsible for evaluating the individual's needs, developing an individual program plan to meet them, periodically reviewing the individual's response to the plan, and revising the plan accordingly. A complete team includes the individual being served, unless clearly unable to participate; the individual's family, unless their participation has been determined to be inappropriate; those persons who work most directly with the individual in each of the professions, disciplines, or service areas that provide service to the individual, including direct-care or direct-contact staff; and any other persons whose participation is relevant to identifying the needs of the individual and devising ways to meet them.

"Least restrictive" means the least intrusive and least disruptive intervention into the life of a person with developmental or intellectual disability that represents the least departure from normal patterns of living that can be effective in meeting the person's developmental needs.

"Least restrictive environment" means that environment that represents the least departure from normal patterns of living that can be effective in meeting the individual's needs.

"Monitor" means to conduct a systematic, coordinated, objective, qualitative review of services provided by any person, agency, or organization.

"Prospective employee" means every person seeking employment as a caregiver for an applicant.

"Provider" means the person who is issued the license or certificate of registration, as the case may be, by the department to provide care in an adult foster or developmental disabilities domiciliary home.

"Representative" means any individual who can advise and advocate for a person with developmental or intellectual disabilities and who shall serve at the request and pleasure of such person; provided that if the person with developmental or intellectual disabilities is a minor or is legally incapacitated and has not requested a representative, the parent or guardian may request a representative to assist on behalf of the person with developmental or intellectual disabilities.

"Residence" or "residential" means the living space occupied by the person with a developmental or intellectual disability, including single-person homes, natural family homes, care homes, group homes, foster homes, institutional facilities, and all other types of living arrangements.

"Respite care" means a service provided in a least restrictive environment for short term care to meet the needs, ranging from simple to complex, of persons with developmental or intellectual disabilities. The purpose of respite care is to avoid, if possible, the necessity for long term institutional care or to provide relief to families and care providers.

"Services" means appropriate assistance provided to a person with a developmental or intellectual disability in the least restrictive, individually appropriate environment to provide for basic living requirements and continuing development of independence or interdependent living skills of the person. These services include, but are not restricted to: case management; residential, developmental, and vocational support; training; habilitation; active treatment; day treatment; day activity; respite care; domestic assistance; attendant care; rehabilitation; speech, physical, occupational and recreational therapy; recreational opportunities; counseling, including counseling to the person's family, guardian, or other appropriate representative; development of language and communications skills; interpretation; transportation; and equipment. [L 1987, c 341, pt of §2; am L 1990, c 178, §§1, 6; am L 1994, c 53, §2; am L 1995, c 189, §§3, 22; am L 1998, c 133, §1; am L 2003, c 95, §8(1); am L 2005, c 22, §18; am L 2011, c 220, §§12, 13; am L 2015, c 190, §6; am L 2016, c 32, §2]
Haw. Rev. Stat. § 342H-9 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-9
Penalties.
Status: in_force

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

(b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building, place, or vehicle which the officer or employee is authorized to enter and inspect shall be fined not more than $500. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1989, c 212, pt of §4; am L 1991, c 157, §15; am L 1995, c 180, §21; am L 2014, c 218, §8]
Haw. Rev. Stat. § 342H-42 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-42
Prohibition.
Status: in_force

On or after January 1, 1992, no person shall manufacture, distribute, sell, or expose for sale in this State any plastic bottle or rigid plastic container unless the product has a label indicating the plastic resin used to produce the plastic bottle or rigid plastic container. The label shall consist of a number placed within a triangle of arrows and letters placed below the triangle. The triangle shall be equilateral, formed by three arrows curved at their midpoints and depicting a clockwise path around the code number. The numbers and letters used shall be as follows:

(1) For polyethylene terephthalate, the letters "PETE" and the number 1;

(2) For high density polyethylene, the letters "HDPE" and the number 2;

(3) For vinyl, the letter "V" and the number 3;

(4) For low density polyethylene, the letters "LDPE" and the number 4;

(5) For polypropylene, the letters "PP" and the number 5;

(6) For polystyrene, the letters "PS" and the number 6; and

(7) For any other, the letters "OTHER" and the number 7. [L 1990, c 318, pt of §1]
Haw. Rev. Stat. § 328-17.6 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-17.6
Out-of-state prescriptions.
Status: in_force

(a) An out-of-state practitioner may issue a written, oral, or electronic prescription within the confines of the practitioner's license and in accordance with Hawaii laws and rules. An oral or electronic prescription shall be issued by the out-of-state practitioner or the prescriber's authorized agent and received only by a pharmacist; provided that a medical oxygen order may be received by a medical oxygen distributor.

(b) An out-of-state pharmacy may transfer prescription information for filling or refilling purposes and an out-of-state medical oxygen distributor may transfer prescription information for the purpose of refilling a medical oxygen order.

(c) Any pharmacist or medical oxygen distributor who fills or refills a prescription from an out-of-state practitioner shall:

(1) Note the following on the prescription record: the out-of-state practitioner's full name, address, and telephone number;

(2) Be responsible for validating and verifying the practitioner's prescriptive authority by virtue of a valid out-of-state license, a Drug Enforcement Administration registration number, or other measures as appropriate; and

(3) Except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, demand proper identification from the person whose name appears on the prescription prior to filling the prescription, in addition to complying with any identification procedures established by the department for filling and refilling an out-of-state prescription.

(d) Before filling or refilling a transferred out-of-state prescription, or before refilling medical oxygen, a pharmacist or medical oxygen distributor shall:

(1) Except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, advise the person whose name appears on the prescription that the prescription on file at the originating out-of-state pharmacy or medical oxygen distributor may be canceled; and

(2) Record all information required to be on a prescription, including:

(A) The date of issuance of the original prescription;

(B) The number of refills authorized on the original prescription;

(C) The date the original prescription was dispensed;

(D) The number of valid refills remaining and the date of the last refill;

(E) The out-of-state pharmacy's or out-of-state medical oxygen distributor's name, telephone number, and address, and the original prescription number or control number from which the prescription information was transferred; and

(F) The name of the transferor pharmacist or the medical oxygen distributor's agent.

(e) A pharmacist or medical oxygen distributor who fills or refills an out-of-state prescription shall be responsible if the prescription is not written in the form prescribed by Hawaii laws and rules.

(f) An out-of-state prescription record shall state the date of filling or refilling and, except as otherwise authorized for expedited partner therapy in section 453-52 or for an opioid antagonist in section 461-11.8, the local address of the person whose name appears on the prescription.

(g) All transferred prescriptions shall be maintained for a period of five years from the date of filling or refilling. Filled out-of-state prescriptions shall be kept on file for five years. The department may establish additional recordkeeping and reporting procedures for filled and refilled out-of-state prescriptions.

(h) Nothing in this section shall be construed to relieve any person from any requirement, prescribed by or under authority of law with respect to drugs now included or that may hereafter be included within the classifications of controlled substances as defined in the applicable federal and state laws relating to controlled substances including but not limited to chapter 329. [L 1992, c 177, pt of §1; am L 1993, c 69, §1; am L 1994, c 79, §1; am L 2000, c 83, §4; am L 2001, c 124, §4; am L 2003, c 56, §3; am L 2013, c 250, §5; am L 2018, c 154, §5; am L 2024, c 96, §2]
Haw. Rev. Stat. § 335-3 — HI Code / Division 1 / Title 19 / Chapter 335 / Section 335-3
Supplementary agreements.
Status: in_force

The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to article VII and XI of the compact. If the supplementary agreements require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
Haw. Rev. Stat. § 328-63 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-63
Injunction.
Status: in_force

Any violations of this part may be enjoined or abated in a suit filed and prosecuted in the circuit court of the State by the department of health.
Haw. Rev. Stat. § 327G-2 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-2
Definitions.
Status: in_force

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

"Advance mental health care directive" means a written document expressing preferences, instructions, or a power of attorney for mental health treatment.

"Agent" means a competent adult designated in a power of attorney contained in an advance mental health care directive to make a mental health care decision for the individual granting the power and includes all designated alternate agents.

"Best interests" means that the benefits to the principal resulting from a mental health treatment outweigh the burdens to the principal resulting from that treatment and includes:

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

(2) The degree of physical and mental pain or discomfort caused to the principal by the mental health treatment or the withholding or withdrawal of that treatment;

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

(4) The effect of the mental health treatment on the life expectancy of the principal;

(5) The prognosis of the principal for recovery or remission, with and without the mental health treatment;

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

(7) The religious beliefs and basic values of the principal receiving mental health treatment known to the agent, to the extent that these may assist the agent in determining benefits and burdens.

"Capacity" means a principal's ability to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate a mental health care decision.

"Competent adult" means an individual eighteen years of age or older who has the capacity to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate mental health care decisions.

"Emancipated minor" means an individual less than eighteen years of age who is deemed to be emancipated pursuant to section 577-25.

"Guardian" means a judicially appointed guardian or conservator having authority to make a mental health care decision for a principal, appointed under part 3 of article V of chapter 560.

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

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

"Mental health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a principal's mental condition, including:

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

(2) Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication; and

(3) Approval or disapproval of electroconvulsive treatment.

"Mental health care decision" means a decision made by a principal or the principal's agent or guardian regarding the principal's mental health care or mental health treatment.

"Mental health treatment" means any form of treatment used for the treatment of mental illness, including but not limited to electroconvulsive treatment, the use of psychotropic medication, and admission to and retention in a health care facility for the care or treatment of mental illness.

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

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

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

"Principal" means a competent adult or emancipated minor who has executed a written advance mental health care directive or power of attorney for mental health care.

"Psychologist" means an individual authorized to practice psychology under chapter 465.

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

"Supervising health care provider" means the primary physician or the physician's designee, or the health care provider or the provider's designee who has undertaken primary responsibility for a principal's health care, that includes mental health care. [L 2004, c 224, pt of §2; am L 2009, c 11, §41]
Haw. Rev. Stat. § 321-23.6 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-23.6
Rapid identification documents.
Status: in_force

(a) The department shall adopt rules for emergency medical services that shall include:

(1) Uniform methods of rapidly identifying an adult person who has certified, or for whom has been certified, in a written "comfort care only" document that the person or, consistent with chapter 327E, the person's guardian, agent, or surrogate directs emergency medical services personnel, first responder personnel, and health care providers not to administer chest compressions, rescue breathing, electric shocks, or medication, or all of these, given to restart the heart if the person's breathing or heart stops, and directs that the person is to receive care for comfort only, including oxygen, airway suctioning, splinting of fractures, pain medicine, and other measures required for comfort;

(2) The written document containing the certification shall be signed by the patient or, consistent with chapter 327E, the person's guardian, agent, or surrogate and by any two other adult persons who personally know the patient; and

(3) The original document containing the certification and all three signatures shall be maintained by the patient, the patient's:

(A) Physician;

(B) Attorney;

(C) Guardian;

(D) Surrogate; or

(E) Any other person who may lawfully act on the patient's behalf.

Two copies of the document shall be given to the patient, or the patient's guardian, agent, or surrogate.

(b) The rules shall provide for the following:

(1) The patient, or the patient's guardian, agent, or surrogate, may verbally revoke the "comfort care only" document at any time, including during the emergency situation;

(2) An anonymous tracking system shall be developed to assess the success or failure of the procedures and to ensure that abuse is not occurring; and

(3) If an emergency medical services person, first responder, or any other health care provider believes in good faith that the provider's safety, the safety of the family or immediate bystanders, or the provider's own conscience requires the patient be resuscitated despite the presence of a "comfort care only" document, then that provider may attempt to resuscitate that patient, and neither the provider, the ambulance service, nor any other person or entity shall be liable for attempting to resuscitate the patient against the patient's will. [L 1994, c 173, §1; am L 2006, c 46, §1]
Haw. Rev. Stat. § 333F-23 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-23
[ §333F-23] Intellectual and developmental disabilities medicaid waiver administrative claiming special fund.
Status: in_force

[ §333F-23] Intellectual and developmental disabilities medicaid waiver administrative claiming special fund. (a) There is established in the treasury of the State the intellectual and developmental disabilities medicaid waiver administrative claiming special fund, into which shall be deposited:

(1) All revenues from medicaid administrative claiming designated for the department that are allowable for operating the Hawaii home and community-based services waiver for persons with intellectual and developmental disabilities pursuant to section 1915(c) of the Social Security Act;

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

(3) Other grants and gifts made to the fund; and

(4) Any income and capital gains earned by the fund.

(b) Moneys in the intellectual and developmental disabilities medicaid waiver administrative claiming special fund shall be used by the department for the following purposes:

(1) Payment for fiscal management services of the Hawaii home and community-based services waiver for persons with intellectual and developmental disabilities pursuant to section 1915(c) of the Social Security Act;

(2) Training of staff; waiver providers; waiver participants, family members of waiver participants, legal representatives of waiver participants; and community stakeholders;

(3) Quality management activities for operating the Hawaii home and community-based services waiver for persons with intellectual and developmental disabilities pursuant to section 1915(c) of the Social Security Act;

(4) Ongoing operations and maintenance of the information technology system;

(5) Conducting rate methodology studies to define rates for the Hawaii home and community-based services waiver for persons with intellectual and developmental disabilities pursuant to section 1915(c) of the Social Security Act; and

(6) Assessment services for determining each participant's level of support needs.

(c) The department shall submit to the legislature no later than twenty days prior to the convening of each regular session a report that provides an accounting of the receipts of and expenditures from the intellectual and developmental disabilities medicaid waiver administrative claiming special fund. [L 2019, c 165, §2]
Haw. Rev. Stat. § 327E-14 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-14
Judicial relief.
Status: in_force

On petition of a patient, the patient's agent, guardian, or surrogate, or a health-care provider or institution involved with the patient's care, any court of competent jurisdiction may enjoin or direct a health-care decision or order other equitable relief. A proceeding under this section shall be governed by part 3 of article V of chapter 560.
Haw. Rev. Stat. § 325-14 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-14
Penalty.
Status: in_force

Any person violating this chapter, or any rule or regulation of the department of health relating thereto, shall be deemed guilty of a misdemeanor. Except as herein otherwise provided the punishment therefor shall be the same as provided by section 321-18.
Haw. Rev. Stat. § 342H-10 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-10
Administrative penalties.
Status: in_force

(a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in section 342H-9(a) and (b).

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

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

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

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

(4) Good faith efforts to comply; and

(5) Any other matters that justice may require.

(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §4; am L 1995, c 180, §22]
Haw. Rev. Stat. § 336-2 — HI Code / Division 1 / Title 19 / Chapter 336 / Section 336-2
Nonresident public charges.
Status: in_force

The director of health shall also return all nonresident public charges admitted to or hospitalized at the hospital to the states in which they may have a legal residence. For the purpose of facilitating the return of such persons, the director may enter into reciprocal agreements with the proper boards, commissions, or officers of other states for the mutual exchange of such public charges whose legal residence is in another state, and the director may file written permission for the return of any residents of the State now confined in a public institution in another state, corresponding to any institution coming within the definition of state hospitals for the insane, or in which they were under detention, not having been lawfully discharged therefrom.
Haw. Rev. Stat. § 321-545 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-545
Exemptions.
Status: in_force

Pharmacies licensed pursuant to chapter 461 are exempt from this part.
Haw. Rev. Stat. § 321-42 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-42
Tumor clinics.
Status: in_force

The department of health may assist in the operation of tumor clinics which are now established or may be established in the State. This assistance may consist of furnishing statistical information on the incidence or prevalence of tumors of various kinds in the State. Other assistance, such as clerical or stenographic help, may be furnished as needed. In all activities under this section, the department may consult and cooperate with the Hawaii State Medical Association and the Hawaii Cancer Society.

Insofar as is needed the department may assist tumor clinics or private physicians in the follow-up of tumor cases for the purpose of determining the progress of the disease or for further treatment. This part of the program shall be limited to those cases on which follow-up is requested by the attending physicians, and it shall also be limited by the funds which are provided for this purpose. [L 1949, c 79, §3; RL 1955, §46-32; am L Sp 1959 2d, c 1, §19; HRS §321-42]
Haw. Rev. Stat. § 342D-84 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-84
Revolving fund; uses.
Status: in_force

(a) Moneys in the revolving fund, if consistent with the purpose of the revolving fund stated in section 342D-83(b), may be used to:

(1) Provide, make, and condition loans;

(2) Guarantee eligible party loans and bonds and to purchase or provide bond insurance or other credit enhancement or liquidity support for eligible party debt service payments when such action would improve credit market access or reduce interest rates;

(3) Buy or refinance debt obligations of eligible parties at or below market rates, when the debt obligations were incurred after March 7, 1985;

(4) Support and pay the reasonable costs of administering the revolving fund, including operation and maintenance of the revolving fund, subject to the limits in Title 33 United States Code section 1383(d)(7) and Title 40 Code of Federal Regulations section 35.3120(g), and to provide a source of revenue or security for such support and payment;

(5) Pay the principal, interest, and redemption premium, if any, on revenue bonds issued by the director, if the proceeds of revenue bonds will be deposited in the revolving fund;

(6) Provide interest rate subsidies from earnings on corpus allocation to subsidize loans to eligible parties made from the proceeds of the revenue bonds of the department; and

(7) Provide interest rate subsidies to eligible parties by depositing revolving fund moneys into interest bearing accounts in participating financial institutions that issue loans for the implementation of eligible projects under section 342D-83(b).

(b) The entire water pollution control loan program, and not only those accounts or subaccounts funded by revenue bond proceeds, shall be subject to section 39-61 for the purposes of accomplishing leveraging and exclusion of the revenue bonds from the state constitutional debt ceiling. [L 1997, c 221, pt of §1; am L 2002, c 132, §7]
Haw. Rev. Stat. § 321-4.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-4.5
Inspection of food establishments.
Status: in_force

Inspections of food establishments may be performed only by a registered sanitarian or a food and drug inspector.
Haw. Rev. Stat. § 328J-1 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-1
Definitions.
Status: in_force

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

"Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars.

"Building" means any area enclosed or partially enclosed by a roof and at least three walls.

"Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations, and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

"Department" means the department of health.

"Director" means the director of health.

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

"Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers the person's services for a nonprofit entity.

"Employer" means a person, business, partnership, association, corporation, including the State or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or more individual persons, but shall not include the United States.

"Enclosed or partially enclosed" means closed in by a roof or overhang and at least two walls. Enclosed or partially enclosed areas include but are not limited to areas commonly described as public lobbies, lanais, interior courtyards, patios, and covered walkways.

"Health care facility" means an office or institution, including all waiting rooms, hallways, private rooms, semiprivate rooms, and wards, which provides care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions.

"Multifamily dwelling" means a building containing more than two dwelling units.

"Nightclub" means an establishment in which live entertainment is provided or facilities for dancing by patrons either by live entertainment or recorded music may be provided, regardless of whether alcoholic beverages are served.

"Open to the public" means enclosed or partially enclosed areas to which the public is invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities, including but not limited to bars, educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, public transportation facilities, including airport areas from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility.

"Place of employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to auditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms, elevators, employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms, and stairs. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

"Restaurant" means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" includes a bar area within the restaurant and outdoor areas of restaurants.

"Retail tobacco store" means a retail store used primarily for the sale of tobacco products and accessories.

"Service line" means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.

"Shopping mall" means an enclosed or partially enclosed public walkway or hall area that serves to connect retail or professional establishments.

"Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. "Smoking" includes the use of an electronic smoking device.

"Sports arena" means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley, and any other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.

"Tobacco product" means any product made or derived from tobacco, that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. [L 2006, c 295, pt of §2; am L 2015, c 19, §§2, 3]
Haw. Rev. Stat. § 342D-7 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-7
Variances.
Status: in_force

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

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

(c) Whenever an application is approved, the department shall issue a variance authorizing the discharge of water pollutant in excess of applicable standards. No variance shall be granted by the department unless the application and the supporting information clearly show that:

(1) The continuation of the function or operation involved in the discharge of waste occurring or proposed to occur by the granting of the variance is in the public interest as defined in section 342D-6;

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

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

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

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

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

(3) Every variance granted under this section shall include conditions requiring the grantee to perform discharge or effluent sampling and report the results of such sampling to the department.

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

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

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

(h) Notwithstanding any provision in this section, no variance shall be granted or renewed pursuant to this chapter with respect to any discharge of water pollutants or wastes that is in violation of the requirements of the Federal Water Pollution Control Act and the amendments thereto.

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

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

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

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

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

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

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

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

(B) Name and address of each applicant;

(C) Brief description of each applicant's activities or operations which result in the discharge or other activity described in the variance application (e.g., rock crushing plant, municipal waste treatment plant, raw sugar factory, or pineapple cannery);

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

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

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

(4) The director may hold a public hearing if, after reviewing the comments submitted under paragraph (2), the director determines that a public hearing is warranted. Any hearing brought pursuant to this subsection shall be held in the geographical area of the proposed discharge or other proposed activity, or other appropriate area, at the discretion of the director. [L 1989, c 212, pt of §2; am L 1998, c 2, §88]
Haw. Rev. Stat. § 321-192 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-192
Substance abuse program.
Status: in_force

The department shall establish a substance abuse program in the State under this part.
Haw. Rev. Stat. § 329-102 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-102
Central repository.
Status: in_force

(a) Except as provided in subsection (b), the transmittal of information under this section shall be made: through an electronic transmitting device that is compatible with the receiving device of the central repository; or by computer diskette, magnetic tape, or other appropriate electronic means that meets the specifications provided by rules of the designated state agency.

(b) The administrator may exempt individual dispensing entities from the electronic information reporting requirements of subsection (a) if:

(1) The imposition of the requirement would result in financial hardship for a particular pharmacy; and

(2) The pharmacy agrees to provide the information to the designated state agency through use of a pharmacy universal claim form.

(c) The administrator, in consultation with the state pharmacist membership organizations and applicable licensure boards, shall develop policies that account for the transmission of data fields in section 329-101 that include unintentional data errors. Data errors collected by the designated state agency shall be presumed to be accidental in nature, unless a pattern of transmission errors occurs as determined by the agency.

(d) The system shall provide for the maintenance of information collected in a central repository that meets the following requirements:

(1) The central repository shall be a data processing system maintained by, or under contract with, the designated state agency. The system shall be capable of aggregating and displaying the collected information in formats required by the designated state agency, including reports showing controlled substances by the:

(A) Practitioner's name, practice specialty and subspecialties, and identifying number or numbers as specified by the designated state agency, including the practitioner's Drug Enforcement Administration registration number;

(B) Pharmacy's name, National Association of Boards of Pharmacy number, and registration number;

(C) Patient's name, identification number, and date of birth; and

(D) Eight-digit national drug code number, frequency of use, quantity, number of refills, and whether new or refill prescription;

(2) The central repository shall provide the designated state agency with continual, twenty-four hour per day, on-line access to information;

(3) The central repository shall secure the information against access by unauthorized persons and shall be subject to review and oversight by the administrator or the administrator's designee, to ensure the security of the information and the system;

(4) If the central repository is not operated by the designated state agency, the vendor-repository:

(A) Shall provide information in response to the designated state agency's inquiries within twenty-four hours and shall provide routine reports on a regular schedule to be specified by the designated state agency; and

(B) Shall not withhold access to the collected information for any reason other than failure of the designated state agency to pay agreed fees and charges for the use of the central repository; and

(5) If the relationship between the designated state agency and the vendor-repository is terminated, the vendor-repository shall provide to the designated state agency within thirty days all collected information, the database maintained by the vendor-repository, and such software as is needed to access the information and the database.

(e) The administrator shall select the most overall cost-effective and efficient computerization system, and automatic data processing services and equipment, to ensure the successful implementation of the system. The administrator may enter into a contract with a vendor to implement the central repository. The repository may include an existing system, such as the State's medicaid management information system, or other existing computerization systems and automated data processing services available to the designated state agency.

(f) All prescriptions for controlled substances in schedules II through V and other substances of concern designated by the designated state agency that are processed by an out-of-state pharmacy shall conform to reporting and registration requirements adopted by the State, and to any additional rules the department adopts. [L 1996, c 268, pt of §2; am L 2008, c 186, §8; am L 2011, c 73, §5]
Haw. Rev. Stat. § 342J-33 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-33
Standards for transporters.
Status: in_force

The director may establish by rule standards applicable to transporters of hazardous waste identified or listed under this chapter including, but not limited to, requirements regarding:

(1) Obtaining an identification number;

(2) Labeling practices;

(3) Transporting hazardous waste;

(4) Requiring action, including cleanup, if hazardous waste is discharged in transit;

(5) Using the manifest properly; and

(6) Submitting reports and recordkeeping practices. [L 1989, c 212, pt of §5]
Haw. Rev. Stat. § 342J-21 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-21
Priority in courts.
Status: in_force

All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State.
Haw. Rev. Stat. § 330C-4 — HI Code / Division 1 / Title 19 / Chapter 330C / Section 330C-4
Rules; implementation.
Status: in_force

The director shall carry out and effectuate the purpose of this chapter by rules adopted under chapter 91 including but not limited to the following:

(1) The director may establish in accordance with this chapter, by rule, standards for the special packaging of any household substance if the director finds that:

(A) The degree or nature of the hazard to children in the availability of such substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and

(B) The special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance.

(2) In establishing a standard under this section, the director shall consider:

(A) The reasonableness of such standard;

(B) Available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances;

(C) The manufacturing practices of industries affected by this chapter; and

(D) The nature and use of the household substance.

(3) In carrying out this chapter, the director shall publish the director's findings, the director's reasons therefor, and citation of the sections of statutes which authorize the director's action.

(4) Nothing in this chapter shall authorize the director to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in section 330C-5(a)(2), labeling. In the case of a household substance for which special packaging is required pursuant to a rule under this section, the director may in such rule prohibit the packaging of such substance in packages which the director determines are unnecessarily attractive to children.

(5) Compliance with federal regulations prescribing standards issued pursuant to the Federal Act shall be deemed in compliance with this chapter. [L 1974, c 216, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 321-30.2 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-30.2
Civil monetary penalty special fund.
Status: in_force

(a) There is established the civil monetary penalty special fund, to be administered by the department of health. The fund shall consist of moneys collected by the United States Department of Health and Human Services Centers for Medicare and Medicaid Services as federally imposed civil monetary penalty funds when health care facilities or agencies do not meet medicare certification requirements as determined by the department of health when it conducts medicare certification surveys and complaint investigations on health care facilities or agencies in Hawaii in accordance with section 1864 of the Social Security Act. Moneys in the fund shall be expended by the department of health as approved by the Centers for Medicare and Medicaid Services. Moneys in the fund may be used during any fiscal year for the activities carried out by the department of health as approved by the Centers for Medicare and Medicaid Services.

(b) Pursuant to federal law, civil monetary penalty special fund moneys shall not be subject to deposit into the general fund for any reason.

(c) The department of health shall submit a report to the legislature concerning the status of the civil monetary penalty special fund, including the amount of moneys deposited into and expended from the civil monetary penalty special fund, and the sources of receipts and uses of expenditures, no later than twenty days prior to the convening of each regular session. [L 2015, c 71, §1; am L 2020, c 10, §2]
Haw. Rev. Stat. § 342C-5 — HI Code / Division 1 / Title 19 / Chapter 342C / Section 342C-5
Penalties.
Status: in_force

(a) Any person who violates the provisions of this chapter pertaining to ozone layer protection or any rule adopted by the department pursuant to this chapter shall be fined not more than $1,000 for each separate offense.

(b) Each unit of CFC refrigerant sold or offered for sale, and each wilful release of CFCs into the air, shall constitute a separate offense.

(c) Each portable fire extinguisher, containing a halon or other ozone-depleting compound, that is purchased, distributed, manufactured, imported, sold, or offered for sale, shall constitute a separate offense.

(d) Each portable fire extinguishing system or unit that is repaired, serviced, or upon which maintenance is performed, without using a reclamation system to recapture, recycle, or properly dispose of unspent halons or other ozone-depleting compounds, shall constitute a separate offense.

(e) Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1990, c 316, pt of §2; am L 1992, c 264, §4]
Haw. Rev. Stat. § 333F-17.5 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-17.5
Disposition of Title XIX funds.
Status: in_force

All earned Title XIX funds collected for community program services under this chapter shall be deposited to the credit of the state general fund.
Haw. Rev. Stat. § 342G-119 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-119
Redemption center reporting.
Status: in_force

The department shall pay certified redemption centers handling fees and refund values as described in section 342G-117, based on collection reports submitted by the redemption centers. All redemption centers shall submit to the department the following information on forms prescribed by the department, which information shall include at a minimum:

(1) The number or weight of deposit beverage containers of each material type accepted at the redemption center for the reporting period;

(2) The amount of refunds paid out by material type;

(3) The number or weight of deposit beverage containers of each material type transported out-of-state or to a permitted recycling facility; and

(4) Copies of out-of-state transport and weight receipts or acceptance receipts from permitted recycling facilities. If the redemption center and the recycling facility are the same entity, copies of out-of-state transport and weight receipts, or documentation of end use accepted by the department, shall also be included.

The requests for payment shall be no less than two times per month. [L 2002, c 176, pt of §2; am L 2004, c 241, §11; am L 2005, c 227, §3]
Haw. Rev. Stat. § 329B-3 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-3
Limitations.
Status: in_force

No third party shall require, request, or suggest that any individual submit to a substance abuse test that does not meet all the requirements of this chapter except for third parties who are covered by a drug testing regulation adopted by the department of transportation or the United States Department of Transportation or any other federal agencies. All costs, including confirmatory testing costs, shall be paid for by the third party. Nothing in this chapter shall be construed to preclude the department or any laboratory certifying agency approved by the director from examining the records of laboratories, including substance abuse on-site screening locations, licensed for substance abuse testing to ascertain compliance with licensure or certification requirements, or to preclude the administration of breath tests to determine the alcohol content of the tested individual's blood for purposes of this chapter.
Haw. Rev. Stat. § 321-424 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-424
Rules.
Status: in_force

The department may adopt rules pursuant to chapter 91 as necessary for the birth defects program.
Haw. Rev. Stat. § 334-124 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-124
Hearing date.
Status: in_force

The family court shall set a hearing date on a petition, and any subsequent hearing dates for the petition, as soon as possible but no later than ten days after the filing of the petition. A hearing on the petition may be continued pending further examination of the subject of the petition, for the appointment of a guardian ad litem, or for good cause.
Haw. Rev. Stat. § 333F-19 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-19
Limitation of liability.
Status: in_force

The responsibilities of the department to carry out this chapter shall be limited to the resources available to carry out this chapter in a prudent manner. When these resources are exhausted, no action may be brought by, or on behalf of, any person or organization in any court to compel the provision of further services.
Haw. Rev. Stat. § 328E-1 — HI Code / Division 1 / Title 19 / Chapter 328E / Section 328E-1
Purpose.
Status: in_force

[§328E-1 Purpose.] The purpose of this chapter is to restrict the sale and use in the State of certain compounds which induce an intoxicated condition in the user.
Haw. Rev. Stat. § 338-55 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-55
Disposition of body; armed forces service members.
Status: in_force

The person designated by the decedent as authorized to direct disposition on a United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, may arrange for the final disposition of the decedent's body, including cremation, if the decedent:

(1) Died while serving in any branch of the United States armed forces, United States reserve forces, or National Guard; and

(2) Executed the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form. [L 2011, c 71, §1]
Haw. Rev. Stat. § 334-131 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-131
Notice of intent to discharge.
Status: in_force

(a) When the assisted community treatment provider contemplates discharge for a subject of the order because of the imminent expiration of the court order or because the subject of the order is no longer a proper subject for assisted community treatment, as determined by the criteria in section 334-121, the assisted community treatment provider shall provide notice of intent to discharge.

(b) The notice shall be filed with the family court that issued the order for assisted community treatment, and served by personal service or by certified mail on the interested party who filed the petition and those persons whom the order for assisted community treatment specifies as entitled to receive notice.

(c) The notice of intent to discharge shall be mailed at least ten days prior to the intended date of discharge.

(d) If no objection is filed under section 334-132 prior to the intended date of discharge, the subject of the order is thereupon fully discharged from assisted community treatment. [L 1984, c 251, pt of §1; am L 2013, c 221, §§17, 24; am L 2016, c 114, §6; am L 2017, c 88, §8; am L 2023, c 153, §6; am L 2025, c 219, §22]
Haw. Rev. Stat. § 342B-52 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-52
Nonliability of department personnel.
Status: in_force

Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342B-31.
Haw. Rev. Stat. § 321-322 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-322
Administration of programs.
Status: in_force

The department of health may administer programs to reduce infant and maternal mortality and morbidity, and otherwise promote the health of women of childbearing age, mothers, families, infants, children, youths, and adolescents. The types of services to be provided may include but need not be limited to perinatal care, prenatal education including individual risk reduction, maternal care, baby and child care, adolescent health care, and family planning.
Haw. Rev. Stat. § 342J-36 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-36
Hazardous waste releases.
Status: in_force

(a) Whenever the director determines that there has been a release of hazardous waste or of a hazardous waste constituent into the environment from a facility handling hazardous wastes, the director may:

(1) Require the facility or site to undertake corrective action or such other response action as the director deems necessary to protect human health or the environment; and

(2) Require that corrective action be taken beyond the facility boundary where necessary to protect human health or the environment unless the owner or operator of the facility concerned demonstrates to the satisfaction of the director that, despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action.

(b) Whenever the director determines that there is or has been a release of hazardous waste or of a hazardous waste constituent into the environment from a hazardous waste management facility or site, the director may issue an order requiring corrective action to protect human health or the environment, or the director may commence a civil action for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief. For purposes of enforcement, failure to comply with an order issued pursuant to this chapter shall constitute a violation of a requirement of this chapter.

(c) Any person to whom the order is issued may be required to submit to the director within thirty days a proposal for carrying out the required monitoring, testing, analysis, and reporting.

(d) If the director determines that the owner or operator is not able to conduct corrective action in a satisfactory manner, the director may dictate the conduct of such activity, the cost of which shall remain the responsibility of the owner or operator.

(e) Each permit issued by the director under this chapter shall require corrective action for all releases of hazardous waste or any hazardous waste constituent into the environment from the facility seeking the permit. Permits may contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit), and shall contain assurances of financial responsibility for completing such corrective action.

(f) If the action that results in a release otherwise constitutes a violation of this chapter, nothing in this section shall be construed to preclude the director from taking appropriate action under other provisions of this chapter.

(g) Public notice shall be given for proposed decisions on a final remedy. [L 1989, c 212, pt of §5; am L 1990, c 298, §13; am L 1991, c 259, §15; am L 1995, c 180, §29]
Haw. Rev. Stat. § 321-442 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-442
[Exemption from certain laws and rules.
Status: in_force

§321-442 [Exemption from certain laws and rules.] (a) In addition to any other power or duty prescribed by law or in this part, the director, through the department, may maintain an emergency response stockpile to prepare for or respond to a CBRNE event. The director may undertake all lawful activities necessary to carry out this part, including but not limited to adopting rules pursuant to chapter 91, disbursing funds for grants pursuant to chapter 42F, and procuring goods or services pursuant to chapter 103D or 103F.

(b) Notwithstanding any other law to the contrary, in preparing for or responding to a CBRNE event, the director and the department shall be exempt from chapters 328 and 461 and any related administrative rules, as those chapters and rules relate to the dispensing, labeling, prescribing, or storage of the emergency response stockpile. [L 2005, c 46, pt of §1; am L 2014, c 96, §19]
Haw. Rev. Stat. § 343-6.5 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-6.5
Waiahole water system; exemption.
Status: in_force

The purchase of the assets of the Waiahole water system shall be specifically exempt from the requirements of chapter 343.
Haw. Rev. Stat. § 329-128 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-128
Fraudulent misrepresentation; penalty.
Status: in_force

(a) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution under this part or chapter 712 shall be a petty misdemeanor and subject to a fine of $500.

(b) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician or advanced practice registered nurse not covered under section 329-126 for the medical use of cannabis shall be a misdemeanor. This penalty shall be in addition to any other penalties that may apply for the non-medical use of cannabis.

(c) Notwithstanding any law to the contrary, fraudulent misrepresentation to the department of an entitlement to use cannabis for medical purposes in another state, a United States territory, or the District of Columbia for the purpose of registering as a qualifying out-of-state patient or caregiver of a qualifying out-of-state patient shall be a misdemeanor. This penalty shall be in addition to any other penalties that may apply for the non-medical use of cannabis.

(d) Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710 or any other offense. [L 2000, c 228, pt of §2; am L 2016, c 230, §13; am L 2017, c 170, §2; am L 2018, c 116, §10]
Haw. Rev. Stat. § 329-65 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-65
Penalty.
Status: in_force

(a) Any manufacturer, wholesaler, retailer, or other person who does not submit a report as required by section 329-63 or who knowingly submits a report with false or fictitious information shall be fined not more than $5,000, or imprisoned not more than thirty days, or both.

(b) Any manufacturer, wholesaler, retailer, or other person who has previously been convicted of violating subsection (a), upon a subsequent conviction thereof, shall be fined not more than $100,000, or imprisoned not more than one year, or both.

(c) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the substances listed in section 329-61 with knowledge or the intent that the recipient will use the substance to unlawfully manufacture any controlled substance shall be fined not more than $100,000, or imprisoned not more than five years, or both. For the purpose of this part, "unlawfully manufacture" means to manufacture, compound, convert, produce, derive, process, or prepare, either directly or indirectly by chemical extraction, or independently by means of chemical synthesis, any controlled substance specified in section 329-14, 329-16, 329-18, 329-20, or 329-22 without a valid state controlled substance registration as designated under section 329-33 .

(d) Any manufacturer, wholesaler, retailer, or other person who possesses any of the substances listed in section 329-61 with the intent to unlawfully manufacture any controlled substance shall be fined not more than $100,000, or imprisoned not more than ten years, or both.

(e) Any person who possesses, sells, distributes, purchases for resale, or causes to be sold, distributed, or purchased for resale any ephedrine-containing product with a label that claims or implies that consumption of the product will produce effects such as ecstasy, euphoria, increased sexual sensations, legal "highs", and other similar effects shall be fined not more than $5,000, or imprisoned not more than one year, or both.

(f) It is unlawful for any person to knowingly or intentionally obtain or attempt to obtain any of the substances listed in section 329-61 or procure or attempt to procure any substances listed in section 329-61:

(1) By fraud, deceit, misrepresentation, embezzlement, or theft;

(2) By furnishing fraudulent documentation or information or the concealment of a material fact regarding the use, location, or ultimate user of the substances listed in section 329-61; or

(3) By the use of a false name, photo identification, general excise tax information, or the giving of a false address.

(g) Any person who violates subsection (f) shall be fined not more than $100,000, or imprisoned not more than five years, or both. [L 1990, c 200, pt of §1; am L 1993, c 225, §3; am L 1999, c 252, §11; am L 2001, c 203, §7; am L 2003, c 151, §10]
Haw. Rev. Stat. § 329-67 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-67
Permit for conduct of business; applications; forms; fees; renewal; violations.
Status: in_force

(a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in section 329-61 for use by a person in this State or who receives from a source outside of the State any substance specified in section 329-61 shall obtain a permit for the conduct of that business from the department of public safety.

(a) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in section 329-61 for use by a person in this State or who receives from a source outside of the State any substance specified in section 329-61 shall obtain a permit for the conduct of that business from the department of law enforcement.

(b) Applications for permits shall be filed in writing and signed by the applicant, and shall set forth the name of the applicant, the business in which the applicant is engaged, the business address of the applicant, and a full description of any substance sold, transferred, or otherwise furnished, or received.

(c) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety may grant permits which shall be effective for not more than one year from the date of issuance. Applications and permits shall be uniform through the State, on forms prescribed by the department of public safety.

(c) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement may grant permits which shall be effective for not more than one year from the date of issuance. Applications and permits shall be uniform through the State, on forms prescribed by the department of law enforcement.

(d) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Each applicant shall pay at the time of filing an application for a permit a fee determined by the department of public safety in accordance with the department's rules.

(d) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Each applicant shall pay at the time of filing an application for a permit a fee determined by the department of law enforcement in accordance with the department's rules.

(e) A permit granted pursuant to this part may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee in accordance with the department's rules.

(f) (1) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes, or receives any substance specified in section 329-61 without a permit shall be guilty of a misdemeanor; and

(2) Any manufacturer, wholesaler, retailer, or other person who has previously been convicted of violating section 329-67(a), upon a subsequent conviction thereof shall be guilty of a class C felony. [L 1990, c 200, pt of §1; am L 1999, c 252, §12 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 342L-17 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-17
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. § 321-30.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-30.5
[ §321-30.
Status: in_force

[ §321-30.5] Prohibition of plastic microbeads; personal care products; non-prescription drugs . (a) Beginning July 1, 2022, no person shall manufacture in the State a personal care product, except for a non-prescription drug, that contains plastic microbeads.

(b) Beginning July 1, 2023, no person shall:

(1) Sell or offer for sale in the State a personal care product, except for a non-prescription drug, that contains plastic microbeads; or

(2) Manufacture in the State a non-prescription drug that contains plastic microbeads.

(c) Beginning July 1, 2024, no person shall sell or offer for sale in the State a non-prescription drug that contains plastic microbeads.

(d) Nothing in this section shall be construed to apply to any rinse-off cosmetic or rinse-off cosmetic that is also a non-prescription drug as regulated pursuant to the federal Microbead-Free Waters Act of 2015, Public Law 114-114.

(e) As used in this section:

"Personal care product" means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing; beautifying; promoting hygiene or attractiveness; or altering one's appearance; and any article intended for use as a component of the article. "Personal care product" does not include any prescription drug.

"Plastic microbead" means a solid plastic particle that is less than five millimeters in size and that is intended to be used to exfoliate or cleanse the human body or any part thereof. [L 2022, c 156, §2]
Haw. Rev. Stat. § 340E-4.5 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-4.5
Tampering with public water systems, penalties.
Status: in_force

(a) Any person who tampers with a public water system, attempts to tamper with a public water system, or threatens to tamper with a public water system shall be imprisoned for not more than five years and fined an amount not exceeding $500,000. If the person is an individual, the fine shall not exceed $250,000.

(b) Any person who tampers, attempts to tamper, or threatens to tamper with a public water system shall be civilly penalized not more than $50,000.

(c) For the purposes of this section, the term "tamper" shall mean:

(1) To introduce a contaminant into a public water system with the intention of harming persons; or

(2) To otherwise interfere with the operation of a public water system with the intention of harming persons. [L 1987, c 165, pt of §1]
Haw. Rev. Stat. § 342P-43 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-43
Complaints; hearings; appointment of masters.
Status: in_force

The director may:

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

(2) Appoint a master or masters to conduct investigations and hearings. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
Haw. Rev. Stat. § 328J-2 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-2
Prohibition in facilities owned by the State or the counties.
Status: in_force

Smoking shall be prohibited in all enclosed or partially enclosed areas, including buildings and vehicles owned, leased, or operated by the State or any county.
Haw. Rev. Stat. § 342F-10 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-10
Citation.
Status: in_force

Any person who commits a violation of the noise control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation by any person authorized to enforce such rules, hereinafter referred to as enforcement officer. The summons or citation shall be printed in the form hereinafter described, warning such person to appear and answer to the charge against the person at a certain place and at a time within seven days after the issuance of such summons or citation.

The summons or citation shall be designed to provide for all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district environmental courts.

The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district environmental courts; provided that the district environmental courts may prescribe alternative methods of distribution of the original and any other copies.

Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.

In the event any person fails to comply with a summons or citation issued to such person, the enforcement officer shall cause a complaint to be entered against such person and secure the issuance of a warrant for the person's arrest. Failure to comply with a summons or citation is a misdemeanor. [L 1989, c 212, pt of §3; am L 2014, c 218, §8]
Haw. Rev. Stat. § 328-7 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-7
Remedies for violation of law.
Status: in_force

In addition to the remedies hereinafter provided the department of health may apply to a circuit judge for and the judge shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating section 328-6, irrespective of whether or not there exists any other remedy.
Haw. Rev. Stat. § 328-12.3 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-12.3
Protection of food.
Status: in_force

All food shall be prepared, stored, displayed, dispensed, placed, sold, and served so as to be protected from dust, insects, rodents, unnecessary handling, droplet infection, overhead leakage, or other contamination.
Haw. Rev. Stat. § 342F-17 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-17
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. § 327-14 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-14
Rights and duties of procurement organization and others.
Status: in_force

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of any donor registry and records of the state or county department of motor vehicles that it knows exist for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(b) A procurement organization shall be allowed reasonable access to information in the records of the state or county department of motor vehicles to ascertain whether an individual at or near death is a donor.

(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a body part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the body part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent or the attending physician has determined that continuing these measures would not be consistent with generally accepted standards of care for terminally ill patients.

(d) Unless prohibited by law other than this part, at any time after a donor's death, the person to which a body part passes under section 327-11 may conduct any reasonable examination necessary to ensure the medical suitability of the body or body part for its intended purpose.

(e) Unless prohibited by law other than this part, an examination under subsection (c) or (d) may include an examination of all medical records of the donor or prospective donor.

(f) If a donor, at the time of death, is under eighteen years of age, a procurement organization shall conduct a reasonable search for the parents of the donor and, unless the procurement organization knows the donor is an emancipated minor as deemed by section 577-25, provide the parents with an opportunity to revoke or amend the anatomical gift or revoke a refusal.

(g) A procurement organization shall make a reasonable search for any person listed in section 327-9 having priority to make an anatomical gift on behalf of a prospective donor.

(h) If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.

(i) Subject to sections 327-11(h) and 327-23, the rights of the person to which a body part passes under section 327-11 are superior to rights of all others with respect to the body part. The person to whom an anatomical gift passes under this chapter shall accept or reject the anatomical gift unless the anatomical gift is medically unsuitable for transplantation, therapy, research, or education. The acceptance shall occur when the anatomical gift is made under this chapter, regardless of whether another person, including family members of the donor, has made an anatomical gift. Subject to the terms of the document of gift and this part, a person that accepts an anatomical gift of an entire body may allow embalming or cremation and use of remains in a funeral service. If the gift is of a body part, the person to which the body part passes under section 327-11, upon the death of the donor and before embalming or cremation, shall cause the body part to be removed without unnecessary mutilation.

(j) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a body part from the decedent.

(k) A physician or technician may remove a donated body part from the body of a donor that the physician or technician is qualified to remove. [L 2008, c 122, pt of §1; am L 2012, c 270, §2]
Haw. Rev. Stat. § 328-16.2 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-16.2
[ §328-16.
Status: in_force

[ §328-16.2] Customized patient medication package. (a) A pharmacy may provide a customized patient medication package to any person; provided that:

(1) The pharmacy has obtained the consent of the patient, patient's caregiver, patient's guardian, or prescribing practitioner; provided that the consent may be communicated in writing, orally, or by electronic transmission; provided further that the format of the consent shall be identified on the prescription record required to be maintained under section 328-17.7;

(2) The consent is accompanied by the patient's current prescription; and

(3) The customized patient medication package meets the requirements of section 328-16.

(b) As used in this section, "customized patient medication package" means a package that is prepared by a pharmacist for a specific patient and contains one or more prescribed solid oral dosage forms. [L 2020, c 27, §1]
Haw. Rev. Stat. § 328-13 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-13
Adding of poisonous or deleterious substance, regulation of.
Status: in_force

(a) Any added poisonous or deleterious substance, and food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall, with respect to any particular use or intended use, be deemed unsafe for the purpose of application of clause (B)(i) of section 328-9(1) with respect to any food, section 328-14(1) with respect to any drug or device, or section 328-18(1) with respect to any cosmetic, unless there is in effect a regulation pursuant to section 328-19.1, or subsection (b) of this section limiting the quantity of the substance, and the use or intended use of the substance conform to the terms prescribed by the regulation. While the regulation relating to such substance is in effect, a food, drug, or cosmetic shall not, by reason of bearing or containing the substance in accordance with the regulation, be considered adulterated within the meaning of section 328-9(1)(A), section 328-14(1), or section 328-18(1).

(b) The director of health, whenever public health or other considerations in the State so require, may adopt, amend, or repeal regulations whether or not in accordance with regulations promulgated under the Federal Act prescribing therein tolerances for any added poisonous or deleterious substances, for food additives, for pesticide chemicals in or on raw agricultural commodities, or for color additives, including, but not limited to, zero tolerances, and exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities, and prescribing the conditions under which a food additive or a color additive may be safely used and exemptions where the food additive or color additive is to be used solely for investigational or experimental purposes, upon the director's own motion or upon the petition of any interested party requesting that such a regulation be established. It shall be incumbent upon the petitioner to establish by data submitted to the director that a necessity exists for the regulation, and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the director to determine whether such regulation should be promulgated, the director may require additional data to be submitted and failure to comply with the request shall be sufficient grounds to deny the request. In adopting, amending, or repealing regulations relating to such substances the director shall consider among other relevant factors, the following which the petitioner, if any, shall furnish:

(1) The name and all pertinent information concerning the substance including where available, its chemical identity and composition, a statement of the conditions of the proposed use, including directions, recommendations, and suggestions and including specimens of proposed labeling, all relevant data bearing on the physical or other technical effect and the quantity required to produce such effect;

(2) The probable composition of any substance formed in or on a food, drug, or cosmetic resulting from the use of such substance;

(3) The probable consumption of such substance in the diet of humans and animals taking into account any chemically or pharmacologically related substance in such diet;

(4) Safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of such substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data;

(5) The availability of any needed practicable methods of analysis for determining the identity and quantity of (A) such substance in or on an article, (B) any substance formed in or on such article because of the use of such substance, and (C) the pure substance and all intermediates and impurities; and

(6) Facts supporting a contention that the proposed use of such substance will serve a useful purpose. [L 1941, c 318, §9; RL 1945, §2213; RL 1955, §51-13; am L 1967, c 152, §6; HRS §328-13; am L 1972, c 151, §7; gen ch 1985, 1993]

Revision Note

In subsection (a), "328-19.1" substituted for "328-18.1".
Haw. Rev. Stat. § 328J-9 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-9
Signs.
Status: in_force

Clearly legible signs that include the words "Smoking Prohibited by Law" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of that place.
Haw. Rev. Stat. § 342J-7 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-7
Enforcement.
Status: in_force

(a) If the director determines that any person has violated or is violating any provisions of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit issued pursuant to this chapter or section 3005 of RCRA, 42 United States Code section 6925, the director may do one or more of the following:

(1) Issue an order assessing an administrative penalty for any past or current violation;

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

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

(b) Any order issued pursuant to this section may include a suspension, modification, or revocation of any permit issued under section 3005 of RCRA, 42 United States Code section 6925, by the administrator of the United States Environmental Protection Agency, or issued under section 342J-5 or 342J-54 by the director, and shall state with reasonable specificity the nature of the violation. Any administrative penalties assessed in the order shall be in accordance with section 342J-10.

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

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

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

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

(1) Notice was given;

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

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid.

(f) In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties. [L 1989, c 212, pt of §5; am L 1990, c 298, §10; am L 1991, c 259, §8; am L 1995, c 180, §25; am L 1996, c 82, §2; am L 2014, c 218, §8]
Haw. Rev. Stat. § 321-38 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-38
Hawaii children's trust fund advisory committee.
Status: in_force

There is established the Hawaii children's trust fund advisory committee as provided in section 350B-6. The advisory committee shall have the functions as provided in section 350B-6(b).
Haw. Rev. Stat. § 327E-8 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-8
Health-care information.
Status: in_force

Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health-care information.
Haw. Rev. Stat. § 329-46 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-46
Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions.
Status: in_force

(a) It is unlawful for any person knowingly or intentionally to visit more than one practitioner and withhold information regarding previous practitioner visits for the purpose of obtaining one or more controlled substance prescriptions for quantities that:

(1) Exceed what any single practitioner would have prescribed or dispensed for the time period and legitimate medical purpose represented; and

(2) Would constitute an offense pursuant to part IV of chapter 712.

(b) Information communicated to a physician in an effort to unlawfully procure a controlled substance, or to unlawfully procure the administration, prescribing, or dispensing of any controlled substance shall not be deemed a privileged communication.

(c) Any person who violates this section is guilty of a crime which is of the grade and class identical to that imposed under part IV of chapter 712 for the same type and equivalent quantity of controlled substance. [L 1991, c 159, §2; am L 1999, c 252, §5]
Haw. Rev. Stat. § 327E-10 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-10
Statutory damages.
Status: in_force

(a) A health-care provider or institution that intentionally violates this chapter shall be subject to liability to the individual or the individual's estate for damages of $500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.

(b) A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual's advance health-care directive or a revocation of an advance health-care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health-care directive, shall be subject to liability to that individual for damages of $2,500 or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees. [L 1999, c 169, pt of §1]
Haw. Rev. Stat. § 344-2 — HI Code / Division 1 / Title 19 / Chapter 344 / Section 344-2
Definitions.
Status: in_force

As used in this chapter unless the context otherwise requires:

"Agency" means any department, office, board, or commission of the State or county government that is a part of the executive branch of that government.

"Environment" means the complex of physical and biological conditions that influence human well-being, including land, air, water, minerals, flora, fauna, energy, noise, and places of historic or aesthetic significance. [L 1974, c 247, pt of §1]

Revision Note

Numeric designations deleted.
Haw. Rev. Stat. § 328-17 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-17
New drugs, regulation of sale, etc.
Status: in_force

§328-17 New drugs, regulation of sale, etc.; exceptions. (a) No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless (1) an application with respect thereto has been approved and the approval has not been withdrawn under section 505 of the Federal Act, or (2) when not subject to the Federal Act, unless the drug has been tested and has been found to be safe for use and effective in use under the conditions prescribed, recommended, or suggested in the labeling thereof, and prior to selling or offering for sale the drug, there has been filed with the director of health an application setting forth (A) full reports of investigations which have been made to show whether or not the drug is safe for use and whether the drug is effective in use; (B) a full list of the articles used as components of the drug; (C) a full statement of the composition of the drug; (D) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of the drugs; (E) such samples of the drug and of the articles used as components thereof as the director may require; and (F) specimens of the labeling proposed to be used for the drug.

(b) An application provided for in subsection (a)(2) shall become effective on the one hundred eightieth day after the filing thereof, except that if the director finds, after due notice to the applicant and giving him an opportunity for a hearing, (1) that the drug is not safe or not effective for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof; or (2) the methods used in, and the facilities and controls used for the manufacture, processing, and packing of such drugs are inadequate to preserve its identity, strength, quality, and purity; or (3) based on a fair evaluation of all material facts, such labeling is false or misleading in any particular, he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.

(c) An order refusing to permit an application under this section to become effective may be revoked by the director.

(d) The director shall promulgate regulations for exempting from the operation of the foregoing subsections of this section drugs intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs. Such regulations may, within the discretion of the director, among other conditions relating to the protection of the public health, provide for conditioning such exemption upon: (1) the submission to the director before any clinical testing of a new drug is undertaken, of reports, by the manufacturer or the sponsor of the investigation of such drug, of preclinical tests (including tests on animals) of such drug adequate to justify the proposed clinical testing; (2) the manufacturer or the sponsor of the investigation of a new drug proposed to be distributed to investigators for clinical testing obtaining a signed agreement from each of such investigators that patients to whom the drug is administered will be under his personal supervision, or under the supervision of investigators responsible to him, and that he will not supply such drug to any other investigator, or to clinics, for administration to human beings; and (3) the establishment and maintenance of such records, and the making of such reports to the director by the manufacturer or the sponsor of the investigation of such drug, of data (including but not limited to analytical reports by investigators) obtained as the result of such investigational use of such drugs, as the director finds will enable him to evaluate the safety and effectiveness of such drug in the event of the filing of an application pursuant to subsection (b). Such regulations shall provide that such exemption shall be conditioned upon the manufacturer, or the sponsor of the investigation, requiring that experts using such drugs for investigational purposes certify to such manufacturer or sponsor that they will inform any person to whom such drugs, or any controls used in connection therewith, are being administered, or their representatives, that such drugs are being used for investigational purposes and will obtain the consent of such person or their representatives, except where they deem it not feasible or, in their professional judgment, contrary to the best interests of such person.

(e) In the case of any drug for which an approval of an application filed pursuant to this section is in effect, the [applicant] shall establish and maintain such records, and make such reports to the director, of data relating to clinical experience and other data or information, received or otherwise obtained by such applicant with respect to such drugs, as the director may by regulation, or by order with respect to such application, prescribe; provided that regulations and orders issued under this subsection and under subsection (d) shall have due regard for the professional ethics of the medical profession and the interests of patients and shall provide, where the director deems it to be appropriate, for the examination, upon request, by the persons to whom such regulations or orders are applicable, of similar information received or otherwise obtained by the director.

Every person required under this section to maintain records, and every person in charge or custody thereof, shall, upon request of an officer or employee designated by the director permit such officer or employee at all reasonable times to have access to and copy and verify such records.

(f) The director may, after affording an opportunity for hearing, revoke an application approved pursuant to this section if he finds that the drug, based on evidence acquired after such approval, may not be safe or effective for its intended use, or that the facilities or controls used in the manufacture, processing, or labeling of such drug may present a hazard to the public health. [L 1941, c 318, §12; RL 1945, §2216; RL 1955, §51-16; am L 1967, c 152, §11; HRS §328-17; am L 1972, c 151, §10]
Haw. Rev. Stat. § 340E-36 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-36
Drinking water fund; uses and limitations; types of assistance.
Status: in_force

(a) Moneys in the drinking water fund may be used only as allowed and limited by sections 1452(a)(2) and (3), 1452(d), and 1452(k)(1) and (2) of the Federal Act and this part. Such uses include loans and other financial assistance for facilitating compliance with applicable national primary drinking water regulations or otherwise significantly furthering the health protection objectives of the Federal Act.

(b) Moneys in the drinking water fund may be used only:

(1) To provide, make, and condition loans;

(2) To buy or refinance debt obligations of a municipality, as defined by the Federal Act, at or below market interest rates if the debt obligation is incurred after July 1, 1993;

(3) To guarantee or purchase or provide insurance for a public water system obligation if such action would improve credit market access or reduce interest rates applicable to the obligation;

(4) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of the bonds will be deposited into the drinking water fund;

(5) To earn interest on the amounts deposited into the drinking water fund; and

(6) To provide interest rate subsidies by depositing revolving fund moneys into interest bearing accounts in participating financial institutions that issue loans for the implementation of eligible projects under section 340E-35.

(c) Five per cent of the moneys in the drinking water fund shall be set aside for use in the geographic areas of the State serviced by water catchment systems for the purposes identified in subsection (b); provided, if no such area qualifies for use of the moneys in the drinking water fund, the moneys shall no longer be set aside and revert back as unrestricted moneys to the fund. [L 1997, c 218, pt of §2; am L 2002, c 132, §2]
Haw. Rev. Stat. § 342L-4 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-4
Permits; procedures for.
Status: in_force

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

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

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

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

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

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

(3) There is a release or threatened release of regulated substances that the department deems to pose an imminent and substantial risk to human health or the environment.

(d) No applicant for a modification or renewal of a permit shall be held in violation of the requirement to obtain a permit during the pendency of the applicant's application so long as the applicant acts in compliance with the permit previously granted. [L 1989, c 212, pt of §6; am L 1992, c 259, §5]
Haw. Rev. Stat. § 322-9 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-9
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 any rule adopted to implement this part. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 333F-4 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-4
REPEALED.
Status: in_force

L 1995, c 189, §§14, 26; L 1998, c 133, §5.
Haw. Rev. Stat. § 325-95 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-95
Prevention plan; screening; treatment support.
Status: in_force

The department shall develop a statewide, comprehensive hepatitis prevention plan. The plan shall include hepatitis screening and services to support individuals with hepatitis to access care and treatment. The department may work with other government agencies, health care providers, health insurers, and community stakeholders to improve overall rates of screening, diagnosis, and treatment of hepatitis.
Haw. Rev. Stat. § 321-472 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-472
Multidisciplinary and multiagency reviews.
Status: in_force

The department shall conduct multidisciplinary and multiagency reviews of domestic violence fatalities, near-deaths, and suicides to reduce the incidence of preventable intimate partner homicides. The director may form domestic violence fatality review teams, as necessary, by appointing individuals to review domestic violence fatalities. A domestic violence fatality review team shall not be subject to part I, chapter 92.
Haw. Rev. Stat. § 342B-2 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-2
Administration.
Status: in_force

The department shall administer this chapter through the director. The director may delegate to any person the power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules.
Haw. Rev. Stat. § 342J-8 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-8
Emergency powers; procedures.
Status: in_force

(a) Notwithstanding any other law to the contrary, if the governor or the director determines that the past or present handling, storage, treatment, transportation, or disposal of any hazardous waste or hazardous waste constituent may present an imminent and substantial endangerment to health or the environment, the governor or the director, without a public hearing, may secure or order such relief as may be necessary to abate the danger or threat. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. The governor or the director may also institute a civil action in any environmental court of competent jurisdiction to secure such relief as may be necessary to abate the danger or threat.

(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §5; am L 1991, c 259, §9; am L 1995, c 201, §4; am L 2014, c 218, §8]
Haw. Rev. Stat. § 334B-1 — HI Code / Division 1 / Title 19 / Chapter 334B / Section 334B-1
Purpose.
Status: in_force

The legislature finds and declares that the purposes of this chapter are to:

(1) Promote the delivery of quality health care in a cost-effective manner;

(2) Foster greater coordination between health care providers, third-party payors, and others who conduct utilization review and managed care activities;

(3) Protect patients, employers, and health care providers by ensuring that review agents are qualified to perform utilization review and managed care activities and to make informed decisions on the appropriateness of care;

(4) Protect patients' health care interests through public access to the criteria and standards used in utilization review and managed care activities;

(5) Ensure the confidentiality of patients' medical or psychological records in the utilization review and managed care activities in accordance with applicable state and local laws; and

(6) Provide for nondiscriminatory utilization review of treatments for all mental health, alcohol, or drug abuse problems. [L 1991, c 95, pt of §1]
Haw. Rev. Stat. § 328C-5 — HI Code / Division 1 / Title 19 / Chapter 328C / Section 328C-5
Reserving the State's authority to regulate, inspect, or ban the use of donated pharmaceuticals or health care supplies.
Status: in_force

Nothing in this chapter is intended to restrict the authority of any state department to regulate, inspect, or ban the use of donated pharmaceuticals or health care supplies for human consumption or use. Pharmaceuticals and health care supplies that are distributed by a charitable, religious, or nonprofit organization, and the activities associated with that distribution, shall comply with the applicable provisions of chapter 328, including part VII, which relates to prescription drug wholesalers. Any provisions to the contrary notwithstanding, all activities conducted by an organization under this chapter involving the distribution of prescription drugs to persons other than a consumer or patient shall be included within the definition of "wholesale distribution" as defined by section 328-112.
Haw. Rev. Stat. § 323-3 — HI Code / Division 1 / Title 19 / Chapter 323 / Section 323-3
Practice by advanced practice registered nurses.
Status: in_force

Each hospital in the State licensed under section 321-14.5 shall allow advanced practice registered nurses licensed pursuant to section 457-8.5 and qualified advanced practice registered nurses granted prescriptive authority pursuant to section 457-8.6 to practice at the hospital within the full scope of practice authorized under chapter 457, including practice as a primary care provider.
Haw. Rev. Stat. § 342F-16 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-16
Nonliability of department personnel.
Status: in_force

Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342F-15.
Haw. Rev. Stat. § 328J-8 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-8
Declaration of establishment as nonsmoking.
Status: in_force

(a) Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility, or outdoor area or any part thereof as a place where smoking is prohibited.

(b) Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 328J-9 is posted. [L 2006, c 295, pt of §2]
Haw. Rev. Stat. § 321-514 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-514
Rules.
Status: in_force

The department may adopt rules under chapter 91 for the purposes of this part.
Haw. Rev. Stat. § 328D-7 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-7
Exemption; soda water, soft drink.
Status: in_force

(a) Bottled soft drinks, soda, seltzer, or other products commonly recognized as soft drinks and labeled with a common or usual name other than one of those specified in section 328D-1 or food complying with 21 C.F.R. 165.175 are exempt from the requirements of this chapter. Water that is not in compliance with the requirements of this chapter may not be labeled as "artesian water", "bottled water", "distilled water", "drinking water", "fluoridated water", "mineral water", "natural water", "purified water", "spring water", or "well water".

(b) Bottled water that is not sold for human consumption shall be exempt from the requirements of this chapter, provided that the product is labeled "not for human consumption" in prominent lettering. [L 1988, c 304, pt of §1]
Haw. Rev. Stat. § 321-495 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-495
[ §321-495] Penalty.
Status: in_force

[ §321-495] Penalty. Any individual, organization, or agency operating a day care center for disabled or aged persons without a license from the department shall be cited and fined an amount deemed to be appropriate by the court, but not to exceed a maximum of $5,000.
Haw. Rev. Stat. § 321-196 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-196
Rules.
Status: in_force

The department shall adopt rules in accordance with chapter 91 to carry out the purposes of this part.
Haw. Rev. Stat. § 328-76 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-76
Penalty.
Status: in_force

Any person who violates any of the provisions of sections 328-71 to 328-75 or the orders, rules or regulations of the department of health under authority thereof, shall be fined not more than $500, or imprisoned not more than one hundred days, or both.
Haw. Rev. Stat. § 328L-3 — HI Code / Division 1 / Title 19 / Chapter 328L / Section 328L-3
Emergency and budget reserve fund.
Status: in_force

(a) There is established in the state treasury the emergency and budget reserve fund, which shall be a special fund administered by the director of finance and into which shall be deposited:

(1) Moneys received from the tobacco settlement moneys under section 328L-2;

(2) Notwithstanding any other law to the contrary, any moneys received through a civil action in which the State is a party and no other law or court order specifically provides for the deposit elsewhere of moneys received through the action;

(3) Appropriations made by the legislature to the fund; and

(4) Five per cent of the state general fund balance at the close of the fiscal year, whenever state general fund revenues for each of two successive fiscal years exceeds revenues for each of the preceding fiscal years by five per cent. For the purpose of this section, the general fund balance at the close of the fiscal year shall be calculated after any:

(A) Tax refund or tax credit is provided by the legislature;

(B) Deposit into the emergency and budget reserve fund or another reserve fund is appropriated by the legislature; or

(C) Prepayment of general obligation bond debt service or pension or other post-employment benefit liability is appropriated by the legislature;

during the same regular session as the transfer depositing such moneys to the emergency and budget reserve fund; provided that transfers shall not be made to the emergency and budget reserve fund whenever the balance of the emergency and budget reserve fund is equal to or more than ten per cent of general fund revenues for the preceding fiscal year. The transfer shall be executed by the director of finance.

All moneys deposited into the emergency and budget reserve fund under paragraphs (1), (2), and (3) and all moneys deposited under paragraph (4) shall be kept in separate and distinct accounts.

(b) All interest earned from moneys in the emergency and budget reserve fund shall be credited to the emergency and budget reserve fund.

(c) Expenditures from the emergency and budget reserve fund shall be a temporary supplemental source of funding for the State during times of emergency, severe economic downturn, or unforeseen reduction in revenues. No expenditures shall be made from the emergency and budget reserve fund except pursuant to appropriations. The general appropriations bill or the supplemental appropriations bill, as defined in section 9 of article VII of the Hawaii constitution, shall not be used to appropriate moneys from the emergency and budget reserve fund. The governor, through an appropriations bill, may recommend expenditures from the emergency and budget reserve fund by setting forth the purposes of the expenditures consistent with subsection (d), the amounts, and the reasons justifying the necessity for the appropriations.

(d) The legislature may make appropriations from the fund for the following purposes:

(1) To maintain levels of programs determined to be essential to public health, safety, welfare, and education;

(2) To provide for counter cyclical economic and employment programs in periods of economic downturn;

(3) To restore facilities destroyed or damaged or services disrupted by disaster in any county; and

(4) To meet other emergencies when declared by the governor or determined to be urgent by the legislature.

Any act making appropriations from the emergency and budget reserve fund shall include a declaration of findings and purposes setting forth the purposes, the amounts, and the reasons why the appropriations are necessary and shall require a two-thirds majority vote of each house of the legislature.

(e) Appropriations for the following purposes from the emergency and budget reserve fund are specifically prohibited:

(1) To meet expenses of the legislature;

(2) To provide for salary adjustments for officials appointed pursuant to article V, section 6 or article VI, section 3 of the Hawaii constitution and for others whose salaries are directly related to salaries of these officials; and

(3) To fund cost items in any collective bargaining contract.

(f) The legislature shall not appropriate from the emergency and budget reserve fund:

(1) More than fifty per cent of the total balance of the fund in a fiscal year;

(2) In a fiscal year, an amount that exceeds ten per cent of the total discretionary funds appropriated by the legislature for the same fiscal year for which emergency and budget reserve fund moneys are appropriated. For the purpose of this paragraph, "discretionary funds" means the total amount of general fund moneys appropriated or authorized by the legislature for expenditure during the fiscal year for operating costs less nondiscretionary funds; where "nondiscretionary funds" means the total amount of general fund moneys appropriated or authorized by the legislature for expenditure during the same fiscal year for:

(A) Debt service payments for general obligation bonds;

(B) Employer contributions for pension and retirement benefits of state government employees;

(C) Employer contributions for health insurance benefits of state government employees and state government retirees;

(D) Medicaid service costs, meaning the costs of services provided to low-income persons under the medical assistance program established under chapter 346 and funded in part under title XIX of the federal Social Security Act, as amended. "Medicaid service costs" does not include the costs of management, administrative, or other overhead services performed by the department of human services for medicaid; and

(E) Other costs, including but not limited to payroll, lease costs for real property, and equipment for the same fiscal year, as determined by the legislature; and

(3) Any amount for expenditure in the succeeding fiscal year, unless the State has collected or is projected to collect less general fund tax revenue in the current fiscal year compared to the immediately preceding fiscal year. [L 1999, c 304, pt of §2; am L 2002, c 16, §24 and c 178, §3; am L 2009, c 119, §§3, 6; am L 2010, c 138, §§1, 2; am L 2017, c 6, §3, c 8, §1, and c 207, §1; am L 2021, c 9, §2]
Haw. Rev. Stat. § 342I-8 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-8
Penalties.
Status: in_force

(a) Any person who violates this part shall be fined not more than $10,000 for each separate offense; provided that the failure to post the notice required under section 342I-2, following a warning issued by the director of health, shall be subject to a fine of $2,000 for each separate offense. Each battery improperly disposed of or accepted shall constitute a separate offense. The fines imposed pursuant to this subsection shall be cumulative. Remedies shall be by citation, administrative action, or civil action.

(b) Any person who knowingly or wilfully violates this part shall be guilty of a misdemeanor.

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

(1) Prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance;

(2) Impose and collect civil penalties;

(3) Collect administrative penalties; or

(4) Obtain other relief.

The environmental court may grant relief in accordance with the Hawaii rules of civil procedure. [L 1991, c 201, pt of §1; am L 2002, c 191, §1; am L 2014, c 218, §8]
Haw. Rev. Stat. § 339K-2 — HI Code / Division 1 / Title 19 / Chapter 339K / Section 339K-2
Compact administrator.
Status: in_force

The compact administrator, acting jointly with like officers of other party states, may promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this State and its subdivisions in facilitating the present administration of the compact or of any supplementary agreement or agreements entered into by this State thereunder. The compact administrator shall adopt the practices and may impose the fees authorized under article III of the compact, except that state and county law enforcement agencies and the public utilities commission shall retain their enforcement and inspection authority relating to carriers.
Haw. Rev. Stat. § 328J-13 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-13
Public education.
Status: in_force

The department shall engage in a public education program to explain and clarify the purposes and requirements of this chapter to the public, and to guide owners, operators, and managers in their compliance with it. The program may include but is not limited to publication of a brochure for affected businesses and individuals explaining this chapter.
Haw. Rev. Stat. § 342L-36 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-36
Financial responsibility.
Status: in_force

(a) The department, pursuant to chapter 91, shall adopt requirements for maintaining evidence of financial responsibility for taking response action and compensating third parties for bodily injury and property damage caused by any accidental releases arising from operating an underground storage tank or tank system. Evidence of financial responsibility may be established by any one, or any combination of the following: insurance, guarantee, surety bond, letter of credit, qualification as a self-insurer, or any other method satisfactory to the department. In prescribing requirements under this subsection, the department may specify policy or other contractual terms, conditions, or defenses that are necessary or acceptable to establish evidence of financial responsibility.

(b) If the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code, or if jurisdiction in any state or federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this subsection may be asserted directly against the provider of financial assurance. In the case of action pursuant to this subsection, the provider of financial assurance may invoke all rights and defenses that would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the provider of financial assurance if an action had been brought against the provider of financial assurance by the owner or operator.

(c) The total liability of a provider of financial assurance shall be limited to the aggregate amount that the provider of financial assurance has provided as evidence of financial responsibility to the owner or operator under this subsection. This subsection does not limit any other state or federal statutory, contractual, or common law liability of a provider of financial assurance to the owner or operator, including, but not limited to, the liability of the provider of financial assurance for bad faith in negotiating or in failing to negotiate the settlement of any claim. This subsection does not diminish the liability of any person under section 107 or 111 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or other applicable law.

(d) The department may establish the amount of required coverage for particular classes or categories of underground storage tanks or tank systems containing petroleum, which shall not be less than $1,000,000 for each occurrence with an appropriate aggregate requirement.

(e) The department may establish amounts lower than the amounts required by subsection (d) for underground storage tanks or tank systems containing petroleum, which are at facilities not engaged in petroleum production, refining, or marketing, and which are not used to handle substantial quantities of petroleum.

(f) The department may consider the following factors in establishing the amount of coverage:

(1) The size, type, location, storage, and handling capacity of underground storage tanks or tank systems in the class or category and the volume of petroleum handled by the tanks or tank systems;

(2) The likelihood of release from underground storage tanks or tank systems in the class or category;

(3) The economic impact of the limits on the owners and operators of each such class or category, particularly relating to the small business segment of the petroleum marketing industry;

(4) The availability of methods of financial responsibility in amounts greater than the amount established by this section; and

(5) Such other factors as the department deems pertinent.

(g) The department may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks or tank systems if the department determines that methods of financial responsibility satisfying the requirements of this section are not generally available for underground storage tanks or tank systems in that class or category, and:

(1) Steps are being taken to form a risk retention group for the class of tanks or tank systems; or

(2) The State is taking steps to establish a fund to be implemented by the department or local agencies and departments for response action and compensation for the class of tanks or tank systems.

The initial suspension by the department pursuant to this subsection may be for a period not to exceed one hundred eighty days. A determination to continue suspension may be made with respect to the same class or category at the end of the period, but only if substantial progress has been made in establishing a risk retention group, or the owners or operators in the class or category demonstrate, and the department finds, that the formation of such a group is not possible and that the State is unable or unwilling to establish such a fund described in paragraph (2). [L 1989, c 212, pt of §6; am L 1992, c 259, §26]
Haw. Rev. Stat. § 342D-92 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-92
Trustee; designation; duties.
Status: in_force

The director may designate a trustee for each issue of revenue bonds secured under the same indenture; provided that the trustee may be approved by the director of finance. The trustee may have any duties and functions authorized by part III of chapter 39, as deemed necessary, advisable, or expedient by the director for the purposes of this part.
Haw. Rev. Stat. § 321-43 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-43
Statistical activities.
Status: in_force

The department of health shall engage in the collection and analysis of statistical information on the morbidity and mortality of cancer in the State. The morbidity data may be collected in cooperation with the University of Hawaii, Hawaii Medical Association, and the Hawaii Cancer Society. All data collected by a cooperating agency may be shared with the department of health in the form specified by the department of health. The mortality data as collected from death certificates shall be analyzed by the staff of the department in order to determine the significance of cancer in the State by race, sex, age, occupation, site in the body, and in any other way found desirable for the purpose of determining the areas where greatest emphasis should be laid in the statewide cancer control program. The morbidity data shall be used:

(1) In determining the prognosis and chance of cure, as well as the number of persons cured of cancer in the State;

(2) For assisting in the direction of tumor research;

(3) For determining, if possible, the tendencies of benign tumors to become malignant;

(4) For assisting in the follow-up of diagnosed or treated tumor cases as requested by attending physicians; and

(5) For improving the reporting of the cause of death on death certificates.

All statistical material collected under this section shall be considered confidential as to the names of persons or physicians concerned, except that researchers may use the names of those persons when requesting additional information for research studies when the studies have been approved by the cancer commission of the Hawaii Medical Association and the appropriate federally authorized human subjects protection board. [L 1949, c 79, §4; RL 1955, §46-33; am L Sp 1959 2d, c 1, §19; HRS §321-43; am L 1973, c 25, §2; am L 2008, c 117, §2]
Haw. Rev. Stat. § 340E-37 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-37
Drinking water fund; conditions.
Status: in_force

(a) No loan or other financial assistance shall be made from the drinking water fund for any project unless:

(1) The project conforms with the state intended use plan to provide safe drinking water which meets section 1452 of the Federal Act;

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

(3) In the case of water treatment works, the applicant for the loan or other financial assistance commits to maintain the water treatment works efficiently and properly after its construction.

(b) Except for subsidies to disadvantaged communities made consistently with section 1452(d) of the Federal Act, all loans from the drinking water fund shall:

(1) Be made at or below market interest rates, including interest free loans;

(2) Require payments of principal and interest with repayment commencing not later than one year after completion of the project for which the loan is made, and be fully amortized not later than twenty years after project completion, except that for disadvantaged communities an extended repayment term may be provided as allowed by the Federal Act;

(3) Require the recipient of the loan to establish a dedicated source of revenue (or in the case of a privately owned system, demonstrate that there is adequate security) for the repayment of the loans. For a county, the dedicated source may be a pledge of the county's full faith and credit (a general obligation payable from its general fund), of special assessments, of revenues from an undertaking, system or improvements, including user charges, or of any other source of revenue; and

(4) Be repaid, both principal and any interest, to the credit of the drinking water fund. [L 1997, c 218, pt of §2]
Haw. Rev. Stat. § 334-123.5 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-123.5
[ § 334-123.
Status: in_force

[ § 334-123.5] Appointment of a guardian ad litem. The family court, upon receipt of a petition filed under this part, shall determine the existence of a guardian and if none, shall appoint a guardian ad litem to represent the best interests of the subject of the petition throughout the pendency of the proceedings.
Haw. Rev. Stat. § 329-13 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-13
Schedule I tests.
Status: in_force

A substance shall be placed in schedule I if it has the highest degree of danger or probable danger according to the determination made pursuant to section 329-11.
Haw. Rev. Stat. § 321-1.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.5
Primary health care incentive program; establishment.
Status: in_force

There is established within the department of health a primary health care incentive program. The program shall:

(1) Utilize existing personnel and resources to focus on primary health care;

(2) Study the adequacy, accessibility, and availability of primary health care with regard to medically underserved persons in the State of Hawaii;

(3) Convene and provide staff support for a volunteer primary health care roundtable composed of knowledgeable health care professionals, consumers, and other interested persons whose advisory purpose shall be to:

(A) Investigate and analyze the extent, location, and characteristics of medically underserved areas, and the numbers, location, and characteristics of medically underserved persons in Hawaii, with particular attention given to shortages of health care professionals available to provide care to these areas and persons;

(B) Assess the feasibility of family practice clerkships, preceptor programs, residency programs, and placement programs for medical school students and graduates as a means of increasing the number of family practitioners available to serve medically underserved areas and populations;

(C) Investigate and make recommendations regarding incentives, such as tuition exemptions, to increase the pool of primary health care practitioners, including family practitioners, other physicians in related specialties, nurse practitioners, nurse midwives, and physician assistants, that are available to serve medically underserved areas and populations;

(D) Develop a strategy for meeting the health needs of medically underserved areas and populations based upon the findings that result from its investigations; and

(E) Maintain an ongoing forum for the discussion of data collection regarding primary health care gaps, incentives to promote primary health care, and the development of cooperative interdisciplinary efforts among primary health care professionals;

(4) Develop a strategy to provide appropriate and adequate access to primary health care in underserved areas;

(5) Promote and develop community and consumer involvement in maintaining, rebuilding, and diversifying primary health care services in medically underserved areas;

(6) Produce and distribute minutes of volunteer primary health care roundtable's discussions, and submit annual reports to the legislature on recommended incentives and strategies, as well as a plan for implementation, with the first report to be submitted to the legislature no later than twenty days prior to the convening of the 1993 regular session; and

(7) Facilitate communication and coordination among providers, health care educators, communities, cultural groups, and consumers of primary health care. [L 1992, c 41, §2]
Haw. Rev. Stat. § 327G-1 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-1
Purpose.
Status: in_force

The State finds that all competent persons have the fundamental right to control decisions relating to their own mental health care, including the decision to accept or refuse all types of mental health treatment. The rights of individuals shall be respected when they have lost the capacity to participate actively in decisions regarding themselves or their mental health care and treatment. The laws of the State of Hawaii shall recognize the right of persons eighteen years of age or older and emancipated minors to make a written advance mental health care directive expressing their preferences and instructions regarding mental health care and treatment, including the consent to, or refusal of, that care and treatment, and to designate an agent or alternate agents to make mental health care decisions on behalf of the individual, when that individual later loses the capacity to make those decisions due to a mental illness.
Haw. Rev. Stat. § 342H-21 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-21
Unauthorized removal of recyclable materials.
Status: in_force

No person, other than an authorized agent of the State or a county, commercial waste generator, or private recycling system, shall knowingly remove any paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials that have been segregated from solid waste and placed at designated collection sites for the purposes of collection and recycling.
Haw. Rev. Stat. § 325-77 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-77
Notice.
Status: in_force

The department of health shall conduct such examinations at such places throughout the State as it deems advisable after the giving of a public notice of the time and place the examinations are to be held.
Haw. Rev. Stat. § 342B-16 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-16
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, hazards, or means to monitor or abate sources of air pollution;

(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 air pollution; and

(3) Conduct and supervise statewide educational and training programs on air pollution prevention, control, and abatement, including the preparation and distribution of information relating to air pollution. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 323D-48 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-48
Judicial review of state agency decisions.
Status: in_force

(a) If an application for a certificate of need or for an exemption from obtaining a certificate of need is denied, the state agency shall give notice to the applicant in writing stating the grounds for the denial. Any person adversely affected by a final decision of the state agency with respect to a certificate of need or an application for an exemption may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the person resides or in the circuit in which the health care facility or health care service is or was planned to be located.

(b) Any person adversely affected by a final decision of the state agency with respect to the withdrawal of a certificate of need may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the person resides or in the circuit in which the health care facility or health care service is or was planned to be located. [L 1975, c 159, pt of §2; ren L 1977, c 178, pt of §2; am L 1980, c 75, §21]
Haw. Rev. Stat. § 340A-1 — HI Code / Division 1 / Title 19 / Chapter 340A / Section 340A-1
Definitions.
Status: in_force

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

"Agency" means any department, office or board or commission of the state or county government which is a part of the executive branch of that government.

"Agricultural solid waste" means the solid waste that results from the rearing of animals and the harvesting of crops.

"Collector" means any person or governmental agency which has been licensed to remove refuse in accordance with applicable ordinances and regulations.

"County" shall include each county of the State, including the city and county of Honolulu.

"Director" means the director of the department of health.

"Generator" means any person or governmental agency which generates solid waste.

"Incinerator" means an engineered combustion device specifically designed for volume reduction by controlled burning of combustible solid waste.

"Landfill" means a land area used for the disposal of solid waste.

"Operator" means any person or governmental agency which accepts solid waste for processing, disposing, or transferring at an incinerator, landfill site, resource recovery facility or transfer station.

"Owner" means any person or governmental agency which shall have title to solid waste.

"Resource recovery facility" means a facility in which solid waste is reprocessed into new products in such manner that original products lose their identity.

"Solid waste" means garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial and commercial operations, and from community activities. Solid waste does not include solid or dissolved material in domestic sewage or other substances in water sources, such as silt, dissolved or suspended solids in industrial waste effluents, dissolved materials in irrigation return flows or other water pollutants. This definition is also intended to include liquid waste materials such as waste oil, paints, and solvents.

"Source separated waste" means recyclable waste materials which are set aside at their point of generation for segregated collection and transport to specialized waste processing sites or final manufacturing markets.

"Transfer station" means a supplemental transportation facility used as an adjunct to solid waste route collection vehicles, which facility may be fixed or mobile and may include recompaction of solid waste. [L 1976, c 184, pt of §2; am L 1979, c 151, §2]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 328J-14 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-14
Other applicable laws.
Status: in_force

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
Haw. Rev. Stat. § 323D-51 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-51
Injunctive relief.
Status: in_force

The state agency may, in the name of the people of the State through the attorney general of the State, apply for an injunction in any court of competent jurisdiction to enjoin any person who is not the holder of a certificate of need and who is not exempted from obtaining a certificate of need; and, upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise, that the person is or has been proceeding with an action covered under section 323D-43 without a certificate of need, may issue a temporary injunction, without notice or bond, enjoining the defendant from further action. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is proceeding with an action covered under section 323D-43 without a certificate of need, the court or any judge thereof may enter a decree enjoining the defendant from further action. In case of violation of any injunction issued under this section, the court may summarily try and punish the offender for contempt of court. The injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter.
Haw. Rev. Stat. § 323D-2 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-2
Definitions.
Status: in_force

As used in this chapter:

"Applicant" means any person who applies for a certificate of need under part V.

"Assisted living facility" means a combination of housing, health care services, and personalized support services designed to respond to individual needs, and to promote choice, responsibility, independence, privacy, dignity, and individuality. In this context, "health care services" means the provision of services in an assisted living facility that assists the resident in achieving and maintaining the highest state of positive well-being (i.e., psychological, social, physical, and spiritual) and functional status. This may include nursing assessment and monitoring, and the delegation of nursing tasks by registered nurses pursuant to chapter 457, care management, monitoring, records management, arranging for, and/or coordinating health and social services.

"Capital expenditure" means any purchase or transfer of money or anything of value or enforceable promise or agreement to purchase or transfer money or anything of value incurred by or in behalf of any person for construction, expansion, alteration, conversion, development, initiation, or modification as defined in this section. The term includes the:

(1) Cost of studies, surveys, designs, plans, working drawings, specifications, and other preliminaries necessary for construction, expansion, alteration, conversion, development, initiation, or modification;

(2) Fair market values of facilities and equipment obtained by donation or lease or comparable arrangements as though the items had been acquired by purchase; and

(3) Fair market values of facilities and equipment transferred for less than fair market value, if a transfer of the facilities or equipment at fair market value would be subject to review under section 323D-43.

"Certificate of need" means an authorization, when required pursuant to section 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service.

"Construct", "expand", "alter", "convert", "develop", "initiate", or "modify" includes the erection, building, reconstruction, modernization, improvement, purchase, acquisition, or establishment of a health care facility or health care service; the purchase or acquisition of equipment attendant to the delivery of health care service and the instruction or supervision therefor; the arrangement or commitment for financing the offering or development of a health care facility or health care service; any obligation for a capital expenditure by a health care facility; and studies, surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary for any such undertaking, which will:

(1) Result in a total capital expenditure in excess of the expenditure minimum,

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

(3) Increase, decrease, or change the class of usage of the bed complement of a health care facility.

"Expenditure minimum" means $4,000,000 for capital expenditures, $1,000,000 for new or replacement medical equipment and $400,000 for used medical equipment.

"Extended care adult residential care home" means an adult residential care home providing twenty-four-hour living accommodation for a fee, for adults unrelated to the licensee. The primary caregiver shall be qualified to provide care to nursing facility level individuals who have been admitted to a medicaid waiver program, or persons who pay for care from private funds and have been certified for this type of facility. There shall be two categories of extended care adult residential care homes, which shall be licensed in accordance with rules adopted by the department of health:

(1) Type I home shall consist of five or less unrelated persons with no more than two extended care adult residential care home residents; and

(2) Type II home shall consist of six or more unrelated persons and one or more persons may be extended care adult residential care home residents.

"Health" includes physical and mental health.

"Health care facility" and "health care service" include any program, institution, place, building, or agency, or portion thereof, private or public, other than federal facilities or services, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. The terms include, but are not limited to, health care facilities and health care services commonly referred to as hospitals, facilities that provide inpatient medical care and other related services for surgery or acute medical conditions or injuries (usually for a short-term illness or condition), extended care and rehabilitation centers, nursing homes, skilled nursing facilities, intermediate care facilities, hospices for the terminally ill that require licensure or certification by the department of health, kidney disease treatment centers including freestanding hemodialysis units, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, home health agencies, health maintenance organizations, and others providing similarly organized services regardless of nomenclature.

"Health care professional" has the same meaning as defined in section 431:26-101.

"Health care provider" means a health care facility, physician, dentist licensed under chapter 448, chiropractor licensed under chapter 442, optometrist licensed under chapter 459, podiatrist licensed under chapter 463E, psychologist licensed under chapter 465, occupational therapist subject to chapter 457G, and physical therapist licensed under chapter 461J.

"Organized ambulatory health care facility" means a facility not part of a hospital, which is organized and operated to provide health services to outpatients. The state agency may adopt rules to establish further criteria for differentiating between the private practice of medicine and organized ambulatory health care facilities.

"Person" means an individual or a natural person, a trust or estate, a society, a firm, an assembly, a partnership, a corporation, a professional corporation, an association, the State, any political subdivision of the State, a county, a state agency or any instrumentality of the State, a county agency or any instrumentality of a county.

"Physician" means a doctor of medicine or osteopathy who is legally authorized to practice medicine and surgery by the State.

"Primary care clinic" means a clinic for outpatient services providing all preventive and routine health care services, management of chronic diseases, consultation with specialists when necessary, and coordination of care across health care settings or multiple providers or both. Primary care clinic providers include:

(1) General or family practice physicians;

(2) General internal medicine physicians;

(3) Pediatricians;

(4) Obstetricians and gynecologists;

(5) Physician assistants; and

(6) Advanced practice registered nurses.

"Prior authorization" means the process by which a utilization review entity determines the medical necessity or medical appropriateness of otherwise covered health care services before the health care services are rendered. "Prior authorization" includes any health insurer's or utilization review entity's requirement that an insured or a health care facility or health care professional notify the insurer or utilization review entity before providing health care services to determine eligibility for payment or coverage.

"Prior authorization data" means data required for compliance with federal law and the regulations of the federal Centers for Medicare and Medicaid Services, including those promulgated under title 42 Code of Federal Regulations sections 422.122(c), 438.210(f), 440.230(e)(3), and 457.732(c).

"Review panel" means the panel established pursuant to section 323D-42.

"State agency" means the state health planning and development agency established in section 323D-11.

"State health services and facilities plan" means the comprehensive plan for the economical delivery of health services in the State prepared by the statewide council.

"Statewide council" means the statewide health coordinating council established in section 323D-13.

"Subarea" means one of the geographic subareas designated by the state agency pursuant to section 323D-21.

"Subarea council" means a subarea health planning council established pursuant to section 323D-21.

"Substantially modify, decrease, or increase the scope or type of health service" refers to the establishment of a new health care facility or health care service or the addition of a clinically related (i.e., diagnostic, curative, or rehabilitative) service not previously provided or the termination of such a service which had previously been provided.

"Utilization review entity" means an individual or entity that performs prior authorization for one or more of the following entities:

(1) An insurer governed by chapter 431, article 10A; a mutual benefit society governed by chapter 432, article 1; a fraternal benefit society governed by chapter 432, article 2; or a health maintenance organization governed by chapter 432D; or

(2) Any other individual that provides, offers to provide, or administers hospital, outpatient, medical, prescription drug, or other health benefits to an individual treated by a health care facility or health care professional in the State under a policy, contract, plan, or agreement. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §1; am L 1981, c 82, §22; am L 1982, c 245, §5; am L 1984, c 267, §2; am L 1986, c 339, §40; am L 1987, c 270, §4; am L 1997, c 302, §2 and c 336, §§1 to 3; am L 2017, c 90, §2; am L 2025, c 151, §3]