Haw. Rev. Stat. § 340E-2 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-2
Drinking water standards.
Status: in_force

(a) The director shall promulgate and enforce State Primary Drinking Water Regulations and may promulgate and enforce State Secondary Drinking Water Regulations. State Primary Drinking Water Regulations shall protect health to the extent feasible, using technology, treatment techniques, and other means which are generally available, taking cost into consideration. Maximum contaminant levels covered by revised National Primary Drinking Water Regulations shall be set at a level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. Treatment techniques covered by revised National Primary Drinking Water Regulations shall require treatment necessary to prevent known or anticipated adverse effects on the health of persons. The State Primary Drinking Water Regulations shall be not less stringent than the National Primary Drinking Water Regulations in effect at that time.

(b) Subject to section 340E-3, State Primary and Secondary Drinking Water Regulations shall apply to each public water system in the State; however, such regulations shall not apply to a public water system which:

(1) Consists only of distribution and storage facilities (and which does not have any collection and treatment facilities);

(2) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;

(3) Does not sell water to any person; and

(4) Is not a carrier which conveys passengers in interstate commerce.

(c) The director shall adopt and implement procedures for the enforcement of State Primary Drinking Water Regulations, including monitoring, inspection, and recordkeeping procedures, that comply with regulations established by the administrator pursuant to the Federal Act.

(d) The director may promulgate and enforce regulations relating to cross-connection and backflow prevention control.

(e) The director shall promulgate regulations establishing an underground injection control program. Such program shall prohibit any underground injection which is not authorized by a permit issued by the director; provided that the director shall not issue permits for the construction of sewage wastewater injection wells unless alternative wastewater disposal options are not available, feasible, or practical; provided further that the director may authorize underground injection by regulation. Underground injection authorized by regulation shall not endanger drinking water sources. Any underground injection control program shall:

(1) Set standards and prohibitions controlling any underground injection if such injection may result in the presence of any contaminant in underground water which supplies or may be expected to supply any public water system, and if the presence of such contaminant may result in such system's not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons;

(2) Require, in the case of a program which authorizes underground injection by permit, that the applicant for the permit satisfy the director that the underground injection will meet the requirements of paragraph (1); and

(3) Include inspection, monitoring, recordkeeping, and reporting requirements.

For purposes of this subsection:

"Injection well" means a bored, drilled, or driven shaft, or a dug hole, whose depth is greater than its widest surface dimension and into which subsurface disposal of fluid or fluids occurs or is meant to occur by means of injection.

"Sewage wastewater" means any liquid wastewater that includes sewage from humans or household operations, regardless of whether the wastewater has been treated or whether the wastewater pollutes or tends to pollute state waters. [L 1976, c 84, pt of §1; am L 1977, c 66, §1; am L 2018, c 131, §2]
Haw. Rev. Stat. § 321-1.65 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.65
Community health centers special fund.
Status: in_force

(a) There is established within the state treasury a special fund to be known as the community health centers special fund to be administered and expended by the department of health.

(b) The moneys in the special fund shall be used by the department of health for the operations of federally qualified health centers.

(c) Moneys collected pursuant to section 245-15 shall be deposited into the special fund. [L 2006, c 316, §3]
Haw. Rev. Stat. § 328J-11.5 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-11.5
Statewide concern.
Status: in_force

(a) Sales of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the sale of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner.

(b) All local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted, and existing local laws and regulations conflicting with this chapter are null and void.

(c) Nothing in this chapter shall be construed to limit a county's authority under section 328J-15. [L 2018, c 206, §6]
Haw. Rev. Stat. § 342G-112 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-112
Deposit beverage container requirements.
Status: in_force

(a) Except as provided in subsection (b), every deposit beverage container sold in the State shall clearly indicate the refund value of the container and the word "Hawaii" or the letters "HI". The names or letters representing the names of other states with comparable deposit legislation may also be included in the indication of refund value. The refund value on every deposit beverage container shall be clearly, prominently, and indelibly marked by painting, printing, scratch embossing, raised letter embossing, or securely affixed stickers and shall be affixed on the top or side of the container in letters at least one-eighth inch in size.

(b) Subsection (a) shall not apply to any type of refillable glass deposit beverage container that has a brand name permanently marked on it and that has the equivalent of a refund value of at least 5 cents, which is paid upon receipt of the container by a dealer or deposit beverage distributor.

(c) Containers that do not meet the definition of a deposit beverage container, as specified in section 342G-101, shall not indicate "Hawaii" or "HI" on the container. [L 2002, c 176, pt of §2; am L 2004, c 241, §6; am L 2007, c 285, §6]
Haw. Rev. Stat. § 325-91.5 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-91.5
Definitions.
Status: in_force

As used in this part, "department" means the department of health.
Haw. Rev. Stat. § 342P-2 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-2
Administration.
Status: in_force

The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules.
Haw. Rev. Stat. § 339D-23.2 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-23.2
[ §339D-23.
Status: in_force

[ §339D-23.2] Record keeping requirements. (a) Each manufacturer shall maintain records, for a minimum of five years, of the following:

(1) The amount, in weight, of its annual sales of electronic devices sold in the State;

(2) The number of electronic devices it has collected for recycling or reuse, by county; and

(3) The number of electronic devices recycled or reused by each collector and recycler on behalf of the manufacturer.

(b) Nothing in this section is intended to exempt any person from liability that the person would otherwise have under applicable law. [L 2022, c 151, pt of §1]
Haw. Rev. Stat. § 342L-4.2 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-4.2
[ §342L-4.
Status: in_force

[ §342L-4.2] Large capacity underground storage tank systems; prohibited. (a) Beginning July 1, 2022, the department shall not issue a permit for a new large capacity underground storage tank system mauka of the underground injection control line.

(b) Beginning July 1, 2022, no person shall operate a large capacity underground storage tank system mauka of the underground injection control line, and no permit for a large capacity underground storage tank system mauka of the underground injection control line shall be renewed; provided that this subsection shall not apply to operations necessary to address maintenance required to safely support defueling, environmental requirements, any operations directly related to defueling, or requirements under section 342L-9.

(c) As used in this section:

"Large capacity underground storage tank system" means an underground storage tank system with any single tank with a capacity greater than fifty thousand gallons or with a total tank capacity greater than one hundred thousand gallons.

"Mauka" means toward the mountains or the encircled protected aquifer.

"Underground injection control line" means the underground injection control line represented by a dashed line on the department of health underground injection control program maps, made effective July 6, 1984, pursuant to section 340E-2 and identified as follows:

(1) For the island of Hawaii, quadrangles H-1 to H-74;

(2) For the island of Kauai, quadrangles K-1 to K-11;

(3) For the island of Lanai, quadrangles L-North and L-South;

(4) For the island of Maui, quadrangles M-1 to M-17;

(5) For the island of Molokai, quadrangles M-East and M-West; and

(6) For the island of Oahu, quadrangles O-1 to O-15. [L 2022, c 157, §1]
Haw. Rev. Stat. § 330C-1 — HI Code / Division 1 / Title 19 / Chapter 330C / Section 330C-1
Short title.
Status: in_force

This chapter shall be cited as the "Hawaii Poison Prevention Packaging Act".
Haw. Rev. Stat. § 328J-3 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-3
Prohibition in enclosed or partially enclosed places open to the public.
Status: in_force

Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:

(1) Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or county, and ticket, boarding, and waiting areas of public transit depots, including airports 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;

(2) Aquariums, galleries, libraries, and museums;

(3) Areas available to and customarily used by the general public, including but not limited to restrooms, lobbies, reception areas, hallways, and other common areas, in businesses and nonprofit entities patronized by the public, including but not limited to professional offices, banks, laundromats, hotels, and motels;

(4) Bars;

(5) Bowling alleys;

(6) Convention facilities;

(7) Educational facilities, both public and private;

(8) Elevators;

(9) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, except when part of the performance;

(10) Health care facilities;

(11) Hotel and motel lobbies, meeting rooms, and banquet facilities;

(12) Licensed child care and adult day care facilities;

(13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities;

(14) Nightclubs;

(15) Polling places;

(16) Restaurants;

(17) Retail stores;

(18) Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the State or county, to the extent the place is subject to the jurisdiction of the State or county;

(19) Service lines; and

(20) Shopping malls. [L 2006, c 295, pt of §2]
Haw. Rev. Stat. § 342J-15 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-15
Nonliability of department personnel.
Status: in_force

Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342J-14.
Haw. Rev. Stat. § 321-15.9 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15.9
Developmental disabilities residential services.
Status: in_force

(a) The department of health is authorized to license developmental disabilities domiciliary homes for individuals with developmental or intellectual disabilities who are unable to live independently and who require supervision or care, but do not require care by licensed nurses in a domiciliary setting; provided that nothing in this section shall exclude the department of human services from licensing, certifying, regulating, or entering into contracts for child foster homes or providers that serve persons with developmental or intellectual disabilities.

(b) For the purposes of this section:

"Developmental disabilities" shall be as defined under section 333E-2.

"Developmental disabilities apartment complex" means an apartment building composed of five or more separate apartment units in which every apartment unit, except for one apartment unit occupied by the operator or staff for the complex, is dedicated to providing residences for individuals with developmental or intellectual disabilities who do not require twenty-four hour supervision or care.

"Developmental disabilities domiciliary home" means a residence for not more than five persons with developmental or intellectual disabilities that require twenty-four hour supervision or care, but do not require care by licensed nurses in a domiciliary setting.

"Intellectual disability" shall be as defined under section 333F-1.

(c) The director shall adopt rules regarding developmental disabilities domiciliary homes in accordance with chapter 91 that shall be designed to:

(1) Establish criteria for licensure of homes, including inspections, registration, fees, qualifications of operators and staff, and other factors necessary to ensure safe and appropriate operation of each home;

(2) Protect the health, safety, and civil rights of persons residing in the homes;

(3) Provide for plans of care that include community integration and support of persons residing in the licensed homes;

(4) Provide for the licensure of homes of up to five persons with developmental or intellectual disabilities, and who are not related to the home operator or facility staff;

(5) Establish penalties for the failure to comply with any rule; and

(6) Establish criteria for training of operators and staff of any developmental disabilities domiciliary home licensed under this section.

(d) Rules adopted under this section shall be enforced by the director.

(e) No single apartment in a developmental disabilities apartment complex funded under this section shall be occupied by more than two residents with developmental or intellectual disabilities.

(f) The director shall establish criteria for contracts for developmental disabilities apartment complexes and where necessary to provide for additional funding for developmental disabilities domiciliary homes.

(g) The department shall maintain a registry of all developmental disabilities domiciliary homes licensed under this section and a current inventory of vacancies.

(h) The department of health may enter into contracts for additional payments for residential services to the providers of developmental disabilities domiciliary homes and payments to operators of developmental disabilities apartment complexes for residential services on terms determined by the department of health. [L 1990, c 180, §1; am L 2005, c 168, §2; am L 2011, c 220, §§12, 13]
Haw. Rev. Stat. § 327-18 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-18
Immunity.
Status: in_force

(a) A person that acts in accordance with this part or with the applicable anatomical gift law of another state or attempts in good faith to do so is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.

(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(c) A person who documents the making, amending, or revoking of an anatomical gift under this part may rely upon representations of the individuals listed in section 327-9(a)(2),(3), (4), (5), (6), (7), and (8) relating to their relationship to the donor or prospective donor unless the person knows that the representation is untrue. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 342D-2 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-2
Administration.
Status: in_force

The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules.
Haw. Rev. Stat. § 321-10 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-10
Rules, adoption, effect.
Status: in_force

All rules and regulations made by the department of health shall be made in conformity with chapter 91. They shall have the force and effect of law. [PC 1869, c 59, §7; RL 1925, §913; RL 1935, §905; am L 1939, c 136, §1; RL 1945, §2012; am L 1945, c 116, §1(a); RL 1955, §46-12; am L Sp 1959 2d, c 1, §19; am L 1965, c 96, §28; HRS §321-10]
Haw. Rev. Stat. § 321-11.1 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11.1
Medically accurate sexuality health education.
Status: in_force

(a) Sexuality health education programs funded by the State shall provide medically accurate and factual information that is age appropriate and includes education on abstinence, contraception, and methods of disease prevention to prevent unintended pregnancy and sexually transmitted disease, including human immunodeficiency virus.

(b) For the purposes of this section:

"Age appropriate" means suitable to a particular age or age group based on developing cognitive, emotional, and behavioral capacity typical for that age or age group.

"Factual information" means medical, psychiatric, psychological, empirical, or statistical information that is verified or supported by research conducted by recognized medical, psychiatric, psychological, and public health professionals or organizations.

"Medically accurate" means verified or supported by research conducted in compliance with accepted scientific methods and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists.

"Sexuality health education" means education in any medium regarding human development and sexuality, including education on pregnancy, family planning, and sexually transmitted diseases. [L Sp 2009, c 27, §2]
Haw. Rev. Stat. § 325-4 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-4
Identity of patients safeguarded.
Status: in_force

Reports to the department of health provided for by this chapter shall not be made public so as to disclose the identity of the persons to whom they relate except as necessary to safeguard the public health against those who disobey the rules relating to these diseases or to secure conformity to the laws of the State.

Reports to the department of health of persons who had or have diseases or conditions transmittable by blood or blood products may be disclosed by the department to any blood bank to enable it to reject as donors those individuals, any law to the contrary notwithstanding. In addition, the department may disclose to any blood bank information on persons suspected by physical symptoms, clinical examination, or laboratory evidence of having diseases or conditions transmittable by blood or blood products, any law to the contrary notwithstanding. [L 1927, c 117, §1; RL 1935, §1092; RL 1945, §2303; RL 1955, §49-4; am L Sp 1959 2d, c 1, §19; HRS §325-4; am L 1973, c 6, §1; am L 1987, c 264, §1]
Haw. Rev. Stat. § 326-26 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-26
Persons allowed at places for Hansen's disease patients.
Status: in_force

(a) No person, not having Hansen's disease, shall be allowed to visit or remain upon any land, place, or inclosure set apart by the department of health for the domiciles and community facilities of persons affected with Hansen's disease, without the written permission of the director of health, or some officer authorized thereto by the department, under any circumstances whatever, and any person found upon such land, place, or inclosure without a written permission shall be fined not less than $10 nor more than $100 for such offense; provided that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as the person may choose, regardless of whether the person has been successfully treated.

(b) Notwithstanding subsection (a), upon the request of a patient, the non-patient-spouse of a patient residing at Kalaupapa shall be allowed to reside with the patient-spouse at Kalaupapa. The non-patient-spouse shall not be entitled to receive any services or benefits accorded specifically to Hansen's disease patients at Kalaupapa. [L 1870, c 33, pt of §1; am L 1903, c 8, §2; RL 1925, §1201; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1164; RL 1945, §2427; am L 1949, c 53, §19; RL 1955, §50-28; am L Sp 1959 2d, c 1, §19; HRS §326-26; am L 1969, c 152, §1; am L 1977, c 25, §3; am L 1981, c 185, §13; am L 1982, c 147, §16; am L 1985, c 250, §11; am L 1996, c 2, §1]
Haw. Rev. Stat. § 329-64 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-64
Exceptions.
Status: in_force

(a) The requirements imposed by sections 329-62 and 329-63(a) of this part shall not apply to any of the following:

(1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;

(2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to patients;

(3) Any manufacturer or wholesaler licensed by the State who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian; and

(4) Any sale, transfer, furnishing, or receipt of any drug that contains pseudoephedrine or norpseudoephedrine that is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 United States Code section 301 et seq.) or regulations adopted thereunder as long as it complies with the requirements of sections 329-73, 329-74, and 329-75.

(b) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Notwithstanding the exceptions created by subsection (a) of this section, any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise distributes in this State any list 1 or list 2 chemical, as defined in section 329-61, and who is required to register with the federal Drug Enforcement Administration as a list I chemical distributor under federal law (or who registers as a controlled substance distributor in lieu thereof), shall submit a copy of that registration application to the department of public safety. When such application is granted, the distributor shall file a copy of the federal Drug Enforcement Administration List I Chemical Registration (or Controlled Substance Registration) with the department. The distributor shall also file with the department a duplicate copy of any reports required under federal law at the same time as such reports are filed with the federal Drug Enforcement Administration for any transactions involving list I chemicals that shall be shipped into or otherwise transferred or distributed in this State.

(b) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Notwithstanding the exceptions created by subsection (a) of this section, any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise distributes in this State any list 1 or list 2 chemical, as defined in section 329-61, and who is required to register with the federal Drug Enforcement Administration as a list I chemical distributor under federal law (or who registers as a controlled substance distributor in lieu thereof), shall submit a copy of that registration application to the department of law enforcement. When such application is granted, the distributor shall file a copy of the federal Drug Enforcement Administration List I Chemical Registration (or Controlled Substance Registration) with the department. The distributor shall also file with the department a duplicate copy of any reports required under federal law at the same time as such reports are filed with the federal Drug Enforcement Administration for any transactions involving list I chemicals that shall be shipped into or otherwise transferred or distributed in this State.

(c) The exceptions set forth in subsection (a) of this section shall not be a defense to any offense as set forth in section 329-65(c) and (d). [L 1990, c 200, pt of §1; am L 1999, c 252, §10; am L 2006, c 171, §2; am L 2010, c 123, §6 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 342F-20 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-20
Effect of laws, ordinances, and rules.
Status: in_force

Any county may adopt ordinances and rules governing any matter relating to excessive noise control as provided in section 46-17, and any conflict between state and county law shall be resolved as provided in section 46-17.
Haw. Rev. Stat. § 328-73 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-73
Bread, rolls, buns, standard for.
Status: in_force

It shall be unlawful for any person to manufacture, bake, sell, or offer for sale, in this State, for human consumption therein, any white bread or rolls unless the same conforms to the definition and standard of identity then in effect for enriched bread, and enriched rolls, or enriched buns, as fixed and established by order of an appropriate federal agency or officer, pursuant to the Federal Food, Drug, and Cosmetic Act; provided that if during any period no such order of any such federal agency or officer fixing and establishing a definition and standard of identity for enriched bread, and enriched rolls or enriched buns, is in effect, it shall be unlawful for any person during any such period to manufacture, bake, sell, or offer for sale in this State, for human consumption, any white bread or rolls unless the same conforms to the proposed definition and standard of identity for enriched bread and enriched rolls or enriched buns promulgated by the Federal Food and Drug Administration (21 C.F.R. Part 136), or as the same as may be from time to time amended or modified.
Haw. Rev. Stat. § 323F-5 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-5
Disclosure of interests.
Status: in_force

All corporation and regional system board members and employees of the corporation shall be subject to chapter 84.
Haw. Rev. Stat. § 342J-35 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-35
Other rules.
Status: in_force

The director may adopt other rules which are necessary to obtain and maintain authorization under the federal program.
Haw. Rev. Stat. § 334-76 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-76
[OLD] REPEALED.
Status: in_force

L 1976, c 130, §9.

§334-76 Discharge from custody. (a) Subject to any special requirements of law as provided in sections 704-406, 704-411, and 706-607 or elsewhere, with respect to patients committed on court order from a criminal proceeding, the administrator of a psychiatric facility, the administrator's deputy, or the attending physician, pursuant to section 334-60.7, shall:

(1) Send a notice of intent to discharge or notice of the patient's admission to voluntary inpatient treatment to those persons specified in the order of commitment as entitled to receive notice of intent to discharge, by mail at their last known address; and

(2) In cases where the commitment directly resulted from legal proceedings under chapter 704 or 706, send a notice of intent to discharge or notice of the patient's admission to voluntary inpatient treatment to the prosecuting attorney of the county from which the person was originally committed, by facsimile or electronically.

(b) The administrator, the administrator's deputy, or the physician assuming medical responsibility for the patient shall discharge an involuntary patient when the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2.

(c) Nothing in this section shall preclude a psychiatric facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60.1, a patient for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired or where the patient is no longer a proper subject for commitment. [L 1977, c 76, §6; am L 1985, c 68, §10 and c 220, §2; am L 1988, c 44, §3; am L 2014, c 156, §2; am L 2025, c 219, §11]
Haw. Rev. Stat. § 328L-7 — HI Code / Division 1 / Title 19 / Chapter 328L / Section 328L-7
Limitation on bond requirements in litigation involving master settlement agreement signatories, successors, and affiliates.
Status: in_force

(a) In civil litigation under any legal theory involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco master settlement agreement, the supersedeas bond to be furnished to stay the execution of the judgment during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total bond that is required of all appellants collectively shall not exceed $150,000,000, regardless of the amount of the judgment.

(b) Notwithstanding subsection (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid the payment of a judgment, a court may require the appellant to post a bond in an amount up to the full amount of the judgment. [L 2004, c 157, §8]
Haw. Rev. Stat. § 342D-14 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-14
Public records; confidential information; penalties.
Status: in_force

Reports submitted to the department on discharges of waste shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department acquiring confidential information from the inspection authorized by section 342D-8 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000.
Haw. Rev. Stat. § 327G-11 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-11
Statutory damages.
Status: in_force

(a) A supervising health care provider or health care institution that intentionally violates this chapter shall be liable to the principal or the principal's estate for damages of $500 or actual damages resulting from the violation, whichever is greater, and reasonable attorney's fees. The damages payable in this section shall be in addition to any other damages permitted by law.

(b) A person who intentionally alters, conceals, obliterates, or falsifies an individual's advance mental health care directive or a revocation of an advance mental 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 mental 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, and reasonable attorney's fees. [L 2004, c 224, pt of §2]
Haw. Rev. Stat. § 327-24 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-24
Hawaii organ and tissue education special fund.
Status: in_force

There is established in the state treasury the Hawaii organ and tissue education special fund. Moneys collected under section 286-109.7 shall be deposited into the fund. The fund shall be administered and distributed by the department of health and shall be used exclusively for public education programs and activities on organ, tissue, and eye donation.
Haw. Rev. Stat. § 341-3 — HI Code / Division 1 / Title 19 / Chapter 341 / Section 341-3
§ §341-3 and 341-4 REPEALED.
Status: repealed

§ §341-3 and 341-4 REPEALED. L 2021, c 152, §§18, 19.
Haw. Rev. Stat. § 334-132 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-132
Objection to discharge.
Status: in_force

(a) If any person specified as entitled to receive notice files a written objection with the family court on the grounds that the subject of the order is a proper subject for assisted community treatment, the family court shall conduct a hearing to determine if the subject of the order still meets the criteria for assisted community treatment in section 334-121. The hearing shall be conducted as provided under section 334-134.

(b) If the family court finds that the subject of the order continues to meet the criteria for assisted community treatment in section 334-121, the family court shall order the subject to continue the treatment for the unexpired period of its earlier order.

(c) If the family court finds that the subject of the order does not meet the criteria for assisted community treatment in section 334-121, the court shall dismiss the objection and order the early discharge of the subject. [L 1984, c 251, pt of §1; am L 2013, c 221, §§18, 24; am L 2016, c 114, §6]
Haw. Rev. Stat. § 323F-10.5 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-10.5
Executive public health facility management advisory committee; establishment.
Status: in_force

(a) There is established within the corporation an executive public health facility management advisory committee to consist of the chairpersons of each of the five regional public health facility management advisory committees. The executive committee shall, through its chairperson, represent the interests of all regional committees on the corporation board.

(b) The executive committee shall select its own chairperson to serve on the corporation board and shall adopt rules governing the terms of office and removal from the corporation board. The executive committee shall also adopt rules governing the terms of office for each of the five regional committee chairpersons. The executive committee may also adopt other rules as it may consider necessary for the conduct of its business.

(c) The members of the executive committee shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in the performance of their duties.

(d) Upon the establishment of a regional system board for a regional system pursuant to section 323F-3.5, this section shall no longer apply to that regional system. [L 1998, c 229, pt of §1; am L 2007, c 290, §27]
Haw. Rev. Stat. § 329-49 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-49
Administrative penalties.
Status: in_force

(a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action and the fine shall be deposited into the state general fund.

(b) The director may impose by order the administrative penalty specified in this section, in addition to any other administrative or judicial remedy provided by this part, or by rules adopted pursuant to this chapter. Factors to be considered in imposing the administrative penalty include:

(1) The nature and history of the violation;

(2) Any prior violation; and

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

For any judicial proceeding to recover the administrative penalty imposed, the administrator need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid. [L 2008, c 186, pt of §1]
Haw. Rev. Stat. § 342B-5.5 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-5.5
Exemptions.
Status: in_force

The hydrogen sulfide standard adopted pursuant to this chapter shall not apply to waste ponds, waste piles, crops, feed, animals, or manure incident to agricultural operations necessary for the raising of animals or the growing or processing of crops.
Haw. Rev. Stat. § 342H-20 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-20
Priority in courts.
Status: in_force

All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit issued under this chapter shall in the discretion of the court receive priority in the courts of the State.
Haw. Rev. Stat. § 342I-31 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-31
Contract for administrative services.
Status: in_force

The department may contract the services of a third party to administer the motor vehicle tire program under this part.
Haw. Rev. Stat. § 339K-3 — HI Code / Division 1 / Title 19 / Chapter 339K / Section 339K-3
Supplementary agreements.
Status: in_force

The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that the supplementary agreement requires or contemplates the use of any institution or facility of the State or requires or contemplates the provision of any service by the State, the supplementary agreement shall have no 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 such service.
Haw. Rev. Stat. § 334-8 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-8
Agreements.
Status: in_force

In carrying out the director's duties under this chapter:

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

(2) The director shall establish standards and review procedures to assure that recipients of state funding provide the services and facilities necessary to accomplish the purposes for which the funds are provided. [L 1967, c 259, pt of §1; HRS §334-8; am L 1984, c 78, §1 and c 218, §4; gen ch 1985]
Haw. Rev. Stat. § 334E-4 — HI Code / Division 1 / Title 19 / Chapter 334E / Section 334E-4
Powers.
Status: in_force

Subject to the privileges which witnesses have in the courts of this State, the department of health in an investigation pursuant to section 334E-2(c) may:

(1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the department of health reasonably believes may be able to give information relating to a matter under investigation; and

(2) Compel any person to produce documents, papers, or objects which the department of health reasonably believes may relate to a matter under investigation.

The department of health may bring suit in an appropriate state court to enforce these powers. [L 1987, c 158, §2]
Haw. Rev. Stat. § 342J-37 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-37
Complaints; hearings; appointment of masters.
Status: in_force

The director may:

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

(2) Appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §5]
Haw. Rev. Stat. § 328-66 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-66
Thawed food.
Status: in_force

The term "thawed food" means food previously frozen throughout at a temperature of, or below thirty-two degrees Fahrenheit.
Haw. Rev. Stat. § 321-432 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-432
Case management services for medically fragile children.
Status: in_force

The department of health shall provide ongoing case management services and staff training in case management services in collaboration with the department of human services' medicaid early and periodic screening, diagnosis, and treatment program, including but not limited to:

(1) Assessment of children who are medically fragile to determine service needs;

(2) Development of a specific care plan;

(3) Referral for and linkages to services to implement the specific care plan; and

(4) Monitoring and follow-up.

Medicaid reimbursements received by the department for case management services provided to families of medically fragile children shall be deposited into the general fund. [L 2002, c 149, pt of §2; am L 2015, c 147, §8]
Haw. Rev. Stat. § 339D-27 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-27
State procurement.
Status: in_force

All state and county agencies that purchase or lease any electronic device shall require each prospective offeror to certify compliance with this part. Failure to provide certification shall disqualify the prospective offeror.
Haw. Rev. Stat. § 328L-1 — HI Code / Division 1 / Title 19 / Chapter 328L / Section 328L-1
Definitions.
Status: in_force

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

"Children's health program" means health care for needy children.

"Department" means the department of health.

"Director" means the director of health.

"Health promotion and disease prevention programs" means those public health programs that attempt to reduce resources spent on treating preventable illness and functional impairment, enhance the quality of life, and reduce disparities in the health status of populations.

"Tobacco prevention and control" means activities or programs that attempt to reduce tobacco consumption.

"Tobacco settlement moneys" refers to moneys received by the State pursuant to the tobacco master settlement agreement. [L 1999, c 304, pt of §2]
Haw. Rev. Stat. § 342L-15 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-15
Public records; confidential information.
Status: in_force

Reports and records submitted to the department by any person on the ownership, installation, or operation of underground storage tanks or tank systems shall be made available for inspection by the public during established office hours except as provided in this section. Upon a showing satisfactory to the department that public disclosure of records, reports, or information, or a particular part thereof, to which the department's representative has access to under this section would divulge information entitled to protection under chapter 92F, the department shall consider the information or a particular portion thereof to be confidential. No confidential information secured pursuant to this section by any official or employee of the department within the scope of and [course] of the official's or employee's employment in the prevention, control, or abatement of releases from underground storage tanks or tank systems, shall be disclosed by the official or employee with the following exception: the document or information may be disclosed to officers, employees, or authorized representatives of the State or of the United States, including county government entities, who have been charged with carrying out this chapter or Subtitle I of the federal Resource Conservation and Recovery Act, or when relevant in any proceeding under this chapter.
Haw. Rev. Stat. § 342D-39 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-39
Disposition of collected fines and penalties.
Status: in_force

Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2.
Haw. Rev. Stat. § 328D-3 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-3
Manufacturing, operations; requirements.
Status: in_force

(a) All bottled water, including mineral water, shall be filtered and processed and packaged in accordance with the FDA good manufacturing practice regulations (GMPs) 21 C.F.R. Parts 110 and 129, and any other rules adopted by the department or government agency or agencies having jurisdiction.

(b) Bottled water production, including transporting, processing, packaging, and storage, shall be conducted under conditions and controls necessary to minimize the potential for microbiological contamination of the finished product. These conditions and controls shall include the following:

(1) Bottled water shall be subject to effective germicidal treatment by ozonation or carbonation at a minimum of three volumes of carbon dioxide or other equivalent disinfection approved by the department or government agency or agencies having jurisdiction; and

(2) Bottled water shall not be transported or stored in bulk tanks or processed or bottled through equipment or lines used for any nonfood product.

(c) Each bottled water plant operator and water dealer shall develop and maintain a procedure for product recall and shall implement this procedure for any product for which the operator or dealer knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer.

(d) Artesian water may be collected with the assistance of external force to enhance the natural underground pressure so long as such measures do not alter the physical properties, composition, and quality of the water.

(e) Natural water shall not be modified by blending with water of another type or by deletion or addition of dissolved solids except as related to disinfection or other treatment to reduce the concentration of any naturally present constituent which exceeds government-sanctioned or approved safety standards or guidelines. It may be collected and transported by pumps, pipes, tunnels, trucks, or similar devices.

(f) Spring water shall be collected only at the spring or through a bore hole that is adjacent to the point of emergence. Spring water collected with the assistance of external force to protect the water shall retain all the physical properties of and be of the same composition and quality as the water that flows naturally to the surface of the earth. [L 1988, c 304, pt of §1; am L 2021, c 161, §3]
Haw. Rev. Stat. § 333F-6 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-6
Application and assessment for services; individualized service plans.
Status: in_force

(a) The department shall administer an application and assessment system for persons with developmental or intellectual disabilities, and shall determine eligibility for services or supports within thirty working days of receipt of an application. If the department determines that the person is eligible for services or supports under this chapter within the limits of federal or state resources available for the purposes of this chapter, the department, after due consideration is afforded the preferences of the person with developmental or intellectual disabilities, the person's parents if a minor, or legal guardian, shall refer that person to appropriate programs within ten working days of the determination; an individualized service plan for the person shall be prepared by an interdisciplinary team for the person, and the department may provide case management services to the person.

(b) The procedure for assessment of the person and the elements of the individualized service plan shall be described in rules adopted by the department pursuant to chapter 91. The individualized service plan shall be in writing and shall include, at a minimum, the nature of the needs of the person, treatment and care goals, and specific services to be offered to the person to attain these goals.

(c) The department shall keep waiting lists of all individuals who are eligible for services and supports, but for whom services and supports have not been provided for any reason, and shall report annually to the legislature the numbers of persons waiting for services and supports and the reasons for the lack of services and supports. [L 1987, c 341, pt of §2; am L 1995, c 189, §5; am L 2011, c 220, §13]
Haw. Rev. Stat. § 336-4 — HI Code / Division 1 / Title 19 / Chapter 336 / Section 336-4
Expenses.
Status: in_force

All expenses incurred in returning such persons to another state shall be paid by the State, but the expense of returning residents of the State shall be borne by the state making the return.

The cost and expense incurred in effecting the transportation of such persons shall be paid from the funds appropriated for that purpose, or if no funds are available, then from the money appropriated for the care of the insane, or incompetent and delinquent, as may be necessary, upon vouchers approved by the director of health. [L 1927, c 235, §§4, 5; RL 1935, §1013; am L 1939, c 203, §3; RL 1945, §3824; RL 1955, §84-4; am L Sp 1959 2d, c 1, §19; HRS §336-4]
Haw. Rev. Stat. § 340E-5 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-5
Plan for emergency provision of water.
Status: in_force

The director shall promulgate a plan for the provision of safe drinking water under emergency circumstances. When the director determines that emergency circumstances exist in the State with respect to a need for safe drinking water, the director may take such actions as necessary to provide water where it otherwise would not be available.
Haw. Rev. Stat. § 342L-11 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-11
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 may impose by order the penalties specified in section 342L-10.

(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 shall be 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 §6; am L 1992, c 259, §13; am L 1995, c 180, §32]
Haw. Rev. Stat. § 336-14 — HI Code / Division 1 / Title 19 / Chapter 336 / Section 336-14
When this part not applicable.
Status: in_force

Where support or bond has already been pledged or is available, this part shall not be applicable.
Haw. Rev. Stat. § 342G-14 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-14
Powers and duties of the office of solid waste management.
Status: in_force

The office shall:

(1) Promote the development of coordinated statewide solid waste management;

(2) Identify and monitor environmental and public health issues relating to solid waste management;

(3) Promote source reduction, recycling, and bioconversion, including home composting, through the provision of a comprehensive, innovative, and effective statewide public education and awareness program concerning the value of source reduction and recycling, and the way the public can participate in these areas;

(4) Comply with the federal Resource Conservation and Recovery Act of 1976 (42 United States Code section 6901 et seq.) and any other federal law heretofore or hereafter enacted affecting solid waste;

(5) Seek compliance with sections 226-18, 226-52, and 226-103;

(6) Assess the feasibility of employing disposal fees, including fees at the point of introduction or sale of any product that would require eventual disposition as solid waste, as possible funding sources for waste management activities;

(7) Coordinate with the department of land and natural resources to incorporate solid waste management and processing concerns in the department of land and natural resources' land use planning and development efforts;

(8) Coordinate the bioconversion efforts of appropriate agency and county activities, including the provision of technical assistance and the evaluation of bioconversion programs;

(9) Provide waste evaluation services and assistance in developing paper recycling and other materials programs to both the public and private sector, where feasible;

(10) Promote the use of enterprise zones in each county to support source reduction, recycling, and bioconversion-type businesses;

(11) Create and maintain a database to assess the composition of the State's waste stream. If feasible, this database shall contain the information necessary to generate the office's annual report;

(12) Identify and apply for appropriate federal funds to support the programs and activities authorized by this chapter; and

(13) Cooperate with appropriate federal, state, and county agencies in carrying out the office's responsibilities under this chapter. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 328-46 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-46
Restorage prohibited.
Status: in_force

It shall be unlawful for any storer or operator to return to cold storage any article of food that has once been released from such storage and placed on the market for sale to consumers, but nothing in this section shall prevent the transfer of goods from one cold storage or refrigerating warehouse to another; provided that such transfer is not made for the purpose of evading sections 328-41 to 328-47.
Haw. Rev. Stat. § 321-373 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-373
Regulation of tattoo artists.
Status: in_force

The department shall adopt rules under chapter 91 to implement this part. The rules shall include but not be limited to:

(1) Prohibiting the use of injections, unless administered by a physician or osteopathic physician licensed under chapter 453, or by a registered nurse licensed under chapter 457;

(2) Appropriate restrictions on topical anesthetics;

(3) Prescribing procedures and conditions for sterilization, storage of sterilized equipment, resterilization, and disposal of discarded needles and other equipment;

(4) Creating examination standards; and

(5) Fixing penalties and fines for violations of this part or any of the rules adopted by the department. [L 1990, c 285, pt of §2; am L 1996, c 202, §6; am L 2009, c 11, §35 and c 130, §3]
Haw. Rev. Stat. § 323F-7.5 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-7.5
Regional system boards; delegated authority.
Status: in_force

If the Hawaii health systems corporation board is unable to act on important transactions in as timely a manner as the chairperson of the corporation board deems reasonable, the chairperson of the corporation board may further delegate authority to the regional system boards to take action on specific matters.
Haw. Rev. Stat. § 329D-23 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-23
Annual inspections, audits, and reports.
Status: in_force

(a) Each medical cannabis production center and dispensary licensed pursuant to this part shall:

(1) Be subject to an annual announced inspection and unlimited unannounced inspections of its operations by the department; provided that inspections for license renewals shall be unannounced;

(2) Submit reports on at least a quarterly basis, or as otherwise required, and in the format specified by the department; and

(3) Annually cause an independent financial audit, at the dispensary licensee's own expense, to be conducted of the dispensary, its production center, and retail dispensing locations and shall submit the audit's findings to the department.

(b) The department shall report annually to the governor and the legislature on the establishment and regulation of medical cannabis production centers and dispensaries including but not limited to the number and location of production centers and dispensaries licensed, the total licensing fees collected, the total amount of taxes collected from production centers and dispensaries, and any licensing violations determined by the department. [L 2015, c 241, pt of §2; am L 2016, c 184, §7; am L 2017, c 170, §2]
Haw. Rev. Stat. § 326-27 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-27
Kalaupapa store; loans for operation and maintenance.
Status: in_force

(a) All moneys to enable the department of health to operate and maintain the Kalaupapa store, situated in Kalaupapa, Molokai, shall be allocated by the legislature through appropriations out of the state general fund.

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

(c) All moneys received in reimbursement of payments made under this section shall be deposited to the credit of the state general fund. [L 1915, c 15, §1; RL 1925, §1202; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1165; RL 1945, §2428; RL 1955, §50-29; am L Sp 1959 2d, c 1, §19; HRS §326-27; am L 1993, c 280, §38]
Haw. Rev. Stat. § 340F-3 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-3
Certification.
Status: in_force

(a) Upon board approval the director shall issue certificates entitling qualified individuals to operate water treatment plants or distribution systems, or both. Each certificate shall indicate the class of water treatment plant or distribution system for which the individual is qualified.

(b) The director shall issue a certificate to each applicant who on June 30, 1991, has completed at least one year of satisfactory performance in the operation of a water treatment plant. This certificate shall be valid until January 1, 1994, or until a certification program has been established by the director. [L 1991, c 273, pt of §1; am L 2000, c 196, §4]
Haw. Rev. Stat. § 342P-7 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-7
Noise, radiation, and indoor air quality special fund; established.
Status: in_force

(a) There is established within the department of health a noise, radiation, and indoor air quality special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, variances, investigations, and review, pursuant to sections 342F-14, 342P-28, 466J-4, and 466J-5.

(b) Moneys in the fund shall be expended by the department to:

(1) Partially fund the operating costs of the program mandated activities and functions;

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

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

(4) Plan for future growth and expansion to meet emerging needs. [L 1998, c 311, pt of §18]
Haw. Rev. Stat. § 328-105 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-105
Powers and duties.
Status: in_force

The department of health shall enforce this part and shall have, in connection therewith, all the powers and duties conferred and imposed upon it pursuant to part I.
Haw. Rev. Stat. § 325-17 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-17
Quality assurance standards for HIV antibody testing.
Status: in_force

(a) All laboratories performing screening and diagnostic tests for the presence of the antibody to HIV (human immunodeficiency virus) shall follow the recommended protocols as set forth below. Any test used for other than experimental purposes shall be approved by the Food and Drug Administration (FDA) of the United States for the use to which it is put. Any initially reactive FDA-approved screening test must be confirmed by a second test of the same type. Any specimen yielding reactive results to both FDA-approved screening tests must have a supplemental test performed such as a Western Blot, an IFA (immunofluorescence assay), or an antigen detection assay; provided that these standards may be superseded by rules adopted by the department pursuant to chapter 91.

(b) Any laboratory performing tests for the presence of HIV may be required by the department of health to refer a sample from any specimen yielding a reactive result to the department for the purpose of supplemental testing of some or all samples for quality assurance purposes. The department may specify the information which shall accompany the specimen for epidemiological purposes; provided that the information shall not include any personal identifiers.

(c) The penalty for any violation of this section shall be as specified in section 325-14. [L 1988, c 165, §2; am L 1997, c 217, §4]
Haw. Rev. Stat. § 321-172 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-172
Child and adolescent mental health division.
Status: in_force

There shall be established within the department of health a child and adolescent mental health division, which shall coordinate the effective and efficient delivery of mental health services to children and adolescents, including services provided by private nonprofit agencies under contract to the department of health, and be responsible for the development and implementation of centralized and highly specialized programs for children and adolescents.
Haw. Rev. Stat. § 334-62 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-62
Service of process and papers upon patients.
Status: in_force

(a) Service of process and papers upon a patient in a psychiatric facility or a patient on authorized or unauthorized absence from a psychiatric facility shall be made in the following manner:

(1) Service of process and papers relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient and shall also be made personally or by certified mail upon the patient's guardians and the public defender, the patient's attorney or court-appointed attorney; otherwise, service upon the patient shall be incomplete. A copy of the legal process or paper served on a patient under this paragraph shall be given to the administrator of the psychiatric facility or the administrator's deputy and shall be filed with the records of the patient.

(2) Service of process and papers not relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient, the patient's guardians, and the administrator of the psychiatric facility or the administrator's deputy; otherwise, service upon the patient shall be incomplete and shall not give the issuing court or agency jurisdiction over the person of the patient. A legal process or paper served under this paragraph shall be filed with the records of the patient, and the administrator of the psychiatric facility or the administrator's deputy shall immediately inform the court or other agency out of which the process or paper issued, in writing, of the date of service and of the mental and physical condition of the patient.

(b) Neither the administrator nor anyone connected with a psychiatric facility shall accept service of process or papers on behalf of a patient. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of §3; gen ch 1985]
Haw. Rev. Stat. § 326-7 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-7
§§326-7 to 326-10 REPEALED.
Status: repealed

§§326-7 to 326-10 REPEALED. L 1969, c 152, §11.
Haw. Rev. Stat. § 342I-2.5 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-2.5
Recycling.
Status: in_force

Any person accepting lead acid batteries for disposal shall:

(1) Transport the lead acid batteries, with the liquid electrolyte intact, to a transfer facility; provided that the facility is in compliance with the accumulation provisions of section 342I-4;

(2) Transport the lead acid batteries, with the liquid electrolyte intact, to a secondary lead smelter permitted by the United States Environmental Protection Agency; or

(3) Have the liquid electrolyte neutralized at a facility that is permitted pursuant to chapter 342H; provided that once the liquid electrolyte is neutralized in accordance with the permit issued pursuant to chapter 342H, the batteries may be transported to any secondary lead smelter. [L 1991, c 201, pt of §1]
Haw. Rev. Stat. § 321-533 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-533
Stroke database.
Status: in_force

(a) All acute care hospitals that receive stroke patients from emergency medical services shall report data consistent with requirements of the stroke database on the treatment of all individuals with a suspected or confirmed stroke.

(b) The department shall participate in a stroke database that compiles information and statistics on stroke care that aligns with the consensus stroke metrics developed and approved by national subject-matter organizations and utilize it to support the stroke coalition's evaluation of stroke care in the State for performance improvement. [L 2015, c 211, pt of §2]
Haw. Rev. Stat. § 321-12.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-12.5
Certified forensic examination fees.
Status: in_force

(a) The department of health, by rules adopted pursuant to chapter 91, shall establish fees for application and certification as certified forensic examiners, to be paid by the applicant at the onset of the application process. The fees shall cover the costs of training, examination, certification, and monitoring.

(b) All moneys collected as fees pursuant to subsection (a) shall be deposited into the mental health and substance abuse special fund established by section 334-15.

(c) All funds deposited in the mental health and substance abuse special fund pursuant to subsection (b) shall be used exclusively to support the activities relating to the application, training, certification, and monitoring of the certified forensic examination program. [L 1995, c 214, §1]
Haw. Rev. Stat. § 342I-23 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-23
Motor vehicle tires; collection for recycling.
Status: in_force

(a) Each tire retailer shall:

(1) Accept, at the point of transfer, in a quantity at least equal to the number of new motor vehicle tires purchased by a customer, motor vehicle tires offered by the customer.

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

(A) "It is illegal to discard a motor vehicle tire";

(B) "Recycle your used tires";

(C) "State law requires us to accept used motor vehicle tires for recycling or disposal, in exchange for new tires purchased"; and

(D) "The final price of a new tire includes disposal of your old tire. The disposal fee is not subject to reduction or refund."

(b) The department of health shall produce, print, and distribute the notices required by subsection (a)(2) to each retailer; provided that a retailer instead may use any sign or notice that meets the requirements of that subsection.

(c) Any advertising pertaining to the price of motor vehicle tires shall disclose whether a separate disposal fee may be added to the final price of the tire and the actual cost of the disposal fee.

(d) For businesses utilizing advertising prepared out of the State a sign no smaller than three square feet, placed at the point of sale stating: "The price of tires includes disposal of your old tires" may be substituted.

(e) Motor vehicle rental companies shall be permitted to provide a report and payment of the surcharge annually, with the year ending December 31, rather than quarterly. [L 1993, c 209, pt of §2; am L 2002, c 191, §2]
Haw. Rev. Stat. § 342H-32 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-32
Plans and reports.
Status: in_force

The director may require complete and detailed plans or reports on existing solid waste management systems and of any proposed addition to, modification of, or alteration of any such systems that contain the information requested by the director in the form prescribed by the director. The plans or reports shall be made by a competent person acceptable to the director and at the expense of such applicant or owner.
Haw. Rev. Stat. § 342D-60 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-60
Annual reports.
Status: in_force

The director may publish annual reports on the quality of the state waters, which annual report shall include, but not be limited to:

(1) A description of sampling programs and quality control methods procedures;

(2) Statistical analysis and interpretation of the data on an annual basis by specific points (monitoring stations);

(3) Discussion of the results of these analyses to the extent that the implications can be understood by the general public;

(4) Recommendations for the modification of the water quality monitoring program to enhance its effectiveness for maintaining high standards of water quality in the State; and

(5) A note of any significant changes in the quality of state waters. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 329-23 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-23
Republishing and distribution of schedules.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) The department of public safety shall make available to the public on the department's website the schedules annually or more often, as may be necessary to update the schedules.

(b) The department of public safety shall publicly announce and, in addition, shall make available to the public copies of any changes to the schedules as such changes are made. [L 1972, c 10, pt of §1; am L 1979, c 194, §4; am L 1990, c 281, §10; am L 2016, c 218, §5]

§329-23 Republishing and distribution of schedules. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] (a) The department of law enforcement shall make available to the public on the department's website the schedules annually or more often, as may be necessary to update the schedules.

(b) The department of law enforcement shall publicly announce and, in addition, shall make available to the public copies of any changes to the schedules as such changes are made. [L 1972, c 10, pt of §1; am L 1979, c 194, §4; am L 1990, c 281, §10; am L 2016, c 218, §5; am L 2022, c 278, §17]
Haw. Rev. Stat. § 342I-34 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-34
Penalties.
Status: in_force

(a) For each violation of this part, a violator shall be subject to a penalty of not more than $10,000 for each separate offense. However, the failure to post the notice required under section 342I-23, following a warning issued by an authorized employee of the department, shall be subject to a fine up to $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. The fines imposed pursuant to this section shall be cumulative.

(b) Remedies shall be by citations, by civil action, or as provided under sections 342H-10 and 342H-11. [L 2000, c 173, pt of §1]
Haw. Rev. Stat. § 342D-85.5 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-85.5
Water pollution control revolving fund; transfers.
Status: in_force

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

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

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

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

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

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

(4) Funds may be transferred on a net basis between the water pollution control revolving fund and drinking water treatment revolving loan fund; provided that the thirty-three per cent transfer allowance associated with drinking water treatment revolving loan fund capitalization grants received is not exceeded. [L 2024, c 218, §3]
Haw. Rev. Stat. § 342G-2 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-2
Solid waste management priorities.
Status: in_force

(a) This chapter shall be known and may be cited as the "Hawaii Integrated Solid Waste Management Act".

(b) In implementing this chapter, the department and each county shall consider the following solid waste management practices and processing methods in their order of priority:

(1) Source reduction;

(2) Recycling and bioconversion, including composting; and

(3) Landfilling and incineration.

The respective roles of landfilling and incineration shall be left to each county's discretion.

(c) In implementing this chapter, the department and each county shall consider the minimization of litter and illegal dumping as a design factor in the development of integrated solid waste management programs. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 321-1.6 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.6
Additional duties of the director.
Status: in_force

Any health center previously designated as a Federally Qualified Health Center (FQHC), FQHC look alike, or Rural Health Clinic (RHC) shall have comparable designation as a Hawaii Qualified Health Center and shall also be known as Essential Community Providers. The director of health, with the concurrence of the director of human services, shall have the authority to designate other Hawaii health centers not yet federally designated but deserving of support to meet short term public health needs based on the department of health's criteria, as Hawaii Qualified Health Centers.
Haw. Rev. Stat. § 329D-12 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-12
Background checks.
Status: in_force

(a) The following shall be subject to background checks conducted by the department or its designee, including but not limited to criminal history record checks in accordance with section 846-2.7:

(1) Each applicant and licensee for a medical cannabis dispensary license, including the individual applicant and all officers, directors, members of a limited liability corporation; shareholders with at least twenty-five per cent or more ownership interest in a corporation; and managers of an entity applicant;

(2) Each employee of a medical cannabis dispensary;

(3) Each employee of a subcontracted production center or retail dispensing location;

(4) All officers, directors, members of a limited liability corporation; and shareholders with at least twenty-five per cent or more ownership interest in a corporate owner of a subcontracted production center or retail dispensing location; and

(5) Any person permitted to enter and remain in a retail dispensing location or production center pursuant to section 329D-15(a)(4) or 329D-16(a)(3).

The person undergoing the background check shall provide written consent and all applicable processing fees to the department or its designee to conduct the background checks.

(b) This section shall not apply to:

(1) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient who enters or remains on the premises of a retail dispensing location for the purpose of a transaction conducted pursuant to sections 329D-6 and 329D-13; or

(2) Government officials and employees acting in an official capacity and employees of a certified laboratory who enter or remain on the premises of a retail dispensing location or production center for any purpose authorized by this chapter. [L 2015, c 241, pt of §2; am L 2016, c 230, §§18, 19; am L 2017, c 170, §2; am L 2018, c 116, §17; am L 2023, c 108, §7]
Haw. Rev. Stat. § 342G-29 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-29
Revisions to the state integrated solid waste management plan.
Status: in_force

(a) The office shall be responsible for preparing revisions to the state integrated solid waste management plan. The first revision shall be completed within six months of the date that all four initial county plans have been approved by the office. The office shall complete each additional state revised plan within six months of the date that all four county revised plans have been approved by the office.

(b) For each state revised plan, the office shall convene a state integrated solid waste management task force. The office shall involve the task force in the review of the county plans and the development of the state revised plan.

(c) For each state revised plan, the office shall:

(1) Revise and update the material contained in the previous plan or revised plan; and

(2) With comment from the task force, address other issues of statewide concern regarding integrated solid waste management. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 338-7 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-7
Registration of foundlings; foundling report.
Status: in_force

(a) Whoever assumes the custody of a living child of unknown parentage shall immediately report, on a form to be approved by the department of health, to the local agent of the department the following:

(1) Date and place of finding or assumption of custody;

(2) Sex;

(3) Color or race;

(4) Approximate age of child;

(5) Name and address of the person or institution with whom the child has been placed for care;

(6) Name given to the child by the finder or custodian.

(b) The place where the child was found or custody assumed shall be known as the place of birth, and the date of birth shall be determined by approximation.

(c) The foundling report shall constitute the certificate of birth.

(d) If a foundling child is identified and a regular certificate of birth is found or obtained, the report shall be sealed and filed and may be opened only upon order of a court of competent jurisdiction. [L 1949, c 327, §11; RL 1955, §57-10; am L Sp 1959 2d, c 1, §19; HRS §338-7]
Haw. Rev. Stat. § 323D-45.1 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-45.1
Ex parte contacts prohibited.
Status: in_force

(a) There shall be no ex parte contacts:

(1) In the case of an application for a certificate of need, between the applicant for the certificate of need, any person acting on behalf of the applicant, any person in favor of the application or any person opposed to the issuance of a certificate of need and any person in the state agency who exercises any responsibility respecting the application, after the commencement of the state agency's review of the application and before the state agency makes a decision on the application, on any matter related to or arising out of the application for a certificate of need;

(2) In the case of a proposed withdrawal of a certificate of need, between the holder of the certificate of need, any person acting on behalf of the holder, any person opposed to the withdrawal or any person in favor of the withdrawal and any person in the state agency who exercises any responsibility respecting withdrawal of the certificate of need, after the commencement of state agency proceedings on the proposed withdrawal and before the state agency makes a decision on the proposed withdrawal, on any matter related to or arising out of the proposed withdrawal of the certificate of need; and

(3) In the case of an application for an exemption from obtaining a certificate of need, between the applicant for an exemption, any person acting on behalf of the applicant, any person in favor of the application or any person opposed to the application and any person in the state agency who exercises any responsibility respecting the application, after the commencement of the state agency's review of the application and before the state agency makes a decision on the application, on any matter related to or arising out of the application for an exemption from obtaining a certificate of need.

(b) The prohibition against ex parte contacts shall not apply to any written communication or a copy thereof which is promptly filed as a public record with the state agency. [L 1980, c 75, §15]
Haw. Rev. Stat. § 321-485 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-485
Penalty.
Status: in_force

Any person violating this part or any rule adopted pursuant to this part shall be fined not more than $500.
Haw. Rev. Stat. § 342L-3 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-3
Powers; rulemaking; appointment of hearings officers.
Status: in_force

(a) The director may adopt, amend, and repeal state rules controlling and regulating underground storage tanks and tank systems. All rules shall be adopted pursuant to chapter 91.

(b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings. [L 1989, c 212, pt of §6; am L 1992, c 259, §4; am L 2000, c 253, §150]
Haw. Rev. Stat. § 329-125.5 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-125.5
Medical cannabis patient and caregiver protections.
Status: in_force

(a) No school shall refuse to enroll or otherwise penalize, and no landlord shall refuse to lease property to or otherwise penalize, a person solely for the person's status as a qualifying patient or primary caregiver in the medical cannabis program under this part, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation; provided that the qualifying patient or primary caregiver strictly complied with the requirements of this part; provided further that the qualifying patient or primary caregiver shall present a medical cannabis registry card or certificate and photo identification, to ensure that the qualifying patient or primary caregiver is validly registered with the department of health pursuant to section 329-123.

(b) For the purposes of medical care, including organ transplants, a registered qualifying patient's use of cannabis in compliance with this part shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.

(c) No qualifying patient or primary caregiver under this part shall be denied custody of, visitation with, or parenting time with a minor, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this part; provided that this subsection shall not apply if the qualifying patient's or primary caregiver's conduct created a danger to the safety of the minor, as established by a preponderance of the evidence.

(d) This section shall apply to qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients who are validly registered with the department of health pursuant to this part and the administrative rules of the department of health. [L 2015, c 242, §2; am L 2017, c 170, §2; am L 2018, c 116, §8]
Haw. Rev. Stat. § 333F-13 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-13
Payments for care and treatment of persons receiving services; liability.
Status: in_force

A parent, conservator, or other person liable for the support of any person receiving services under this chapter shall be required to pay for the care and treatment of the person. The parent or conservator of a minor receiving services under this chapter shall be liable for the care and treatment until the person has reached the age of majority. The liability of a conservator of a person under this section shall be limited to the estate of the ward and shall not be recoverable out of the individual assets of the conservator. Every person receiving services under this chapter and any property of the person's estate not exempt from execution shall be liable for the expense of the person's care and treatment. The attorney general, whenever requested by the director, shall take any steps that may be appropriate, by civil action if necessary, to enforce any liability established by this section. The attorney general may designate any appropriate county attorney to act in the attorney general's behalf in any enforcement proceeding.

The department, with the approval of the governor and from the funds appropriated to the department for the care and treatment of persons with developmental or intellectual disabilities, may transfer from time to time to the department of human services any amounts that may be requested by the department of human services to match federal funds available under Title XIX of the Social Security Act to assist any indigent or medically indigent persons to pay for the care and treatment of any person receiving services under this chapter. The department may expend federal funds so received for the purposes of this chapter. [L 1987, c 341, pt of §2; am L 1988, c 141, §26; am L 1995, c 189, §9; am L 2004, c 161, §6; am L 2011, c 220, §13]
Haw. Rev. Stat. § 342H-52 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-52
Prohibitions; buffer zones.
Status: in_force

(a) No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining a permit from the director . All permits for municipal solid waste landfill units shall be subject to any terms and conditions that the director determines are necessary to protect human health or the environment.

(b) Beginning July 1, 2025, no person, including the State or any county, shall construct, modify, or expand a landfill unit or component of a landfill unit without first establishing a buffer zone of no less than one-half mile around the landfill unit or component of a landfill unit. This subsection shall not apply to the continued operation of an existing landfill unit or component of a landfill unit that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the landfill unit or component of a landfill unit requiring additional permitting review and a permit modification .

(c) Beginning July 1, 2025, no person, including the State or any county, shall construct, modify, or expand a landfill unit or any component of a landfill unit inland of an underground injection control line in a county with a population greater than five hundred thousand. This subsection shall not apply to the continued operation of an existing landfill unit or any component of a landfill unit that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the landfill unit or component of a landfill unit requiring additional permitting review and a permit modification.

(d) For the purposes of this section:

"Buffer zone" means the distance between the edge of the landfill unit or component of the landfill unit and the nearest residential, school, or hospital property line.

"Landfill unit" means a municipal solid waste landfill unit or a construction and demolition landfill unit.

"Underground injection control line" means the line determined by the department under rules adopted or regulations promulgated pursuant to section 340E-2. [L 1992, c 245, pt of §1; am L 2020, c 73, §2; am L 2022, c 9, §2; am L 2025, c 255, §4]
Haw. Rev. Stat. § 338-20.5 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-20.5
Adoption; foreign born persons.
Status: in_force

(a) The department of health shall establish a Hawaii certificate of birth for a person born in a foreign country and for whom a final decree of adoption has been entered in a court of competent jurisdiction in Hawaii, when it receives the following:

(1) A properly certified copy of the adoption decree, or certified abstract thereof on a form approved by the department; and

(2) A copy of any investigatory report and recommendation which may have been prepared by the [director of human services]; and

(3) A report on a form to be approved by the department of health setting forth the following:

(A) Date of assumption of custody;

(B) Sex;

(C) Color or race;

(D) Approximate age of child;

(E) Name and address of the person or persons adopting said child;

(F) Name given to child by adoptive parent or parents;

(G) True or probable country of birth.

The true or probable country of birth shall be known as the place of birth, and the date of birth shall be determined by approximation. This report shall constitute an original certificate of birth; and

(4) A request that a new certificate of birth be established.

(b) After preparation of the new certificate of birth in the new name of the adopted person, the department of health shall seal and file the certified copy of the adoptive decree, the investigatory report and recommendation of the director of human services if any, the report constituting the original certificate of birth, and the request for a new certificate of birth. The sealed documents may be opened by the department only by an order of a court of record or when requested in accordance with section 578-14.5 or 578-15. The new certificate of birth shall show the true or probable foreign country of birth, and that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents. [L 1979, c 203, §3; am L 1990, c 338, §3]
Haw. Rev. Stat. § 323D-76 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-76
Acquisition in the public interest; decision of attorney general.
Status: in_force

If the attorney general determines that a review of the application is appropriate, the attorney general shall approve the application unless the attorney general finds that the acquisition is not in the public interest. An acquisition of a private nonprofit hospital is not in the public interest unless appropriate steps have been taken to safeguard the value of charitable assets and ensure that any proceeds of the transaction are used for appropriate charitable health care purposes as provided in paragraph (8). In determining whether the acquisition meets such criteria, the attorney general shall consider, as applicable:

(1) Whether the acquisition is permitted under chapter 414D governing nonprofit entities, trusts, or charities;

(2) Whether the hospital acted in a duly diligent manner in deciding to sell, selecting the purchaser, and negotiating the terms and conditions of the sale;

(3) The procedures used by the seller in making its decision, including whether appropriate expert assistance was used;

(4) Whether all conflicts of interest were disclosed, including, but not limited to, conflicts of interest related to board members of, executives of, and experts retained by the seller, purchaser, or parties to the acquisition;

(5) Whether the seller will receive reasonably fair value for its assets. The attorney general may employ, at the seller's expense, reasonably necessary expert assistance in making this determination;

(6) Whether charitable funds are placed at unreasonable risk, if the acquisition is financed in part by the seller;

(7) Whether any management contract under the acquisition is for reasonably fair value;

(8) Whether the sale proceeds will be used for appropriate charitable health care purposes consistent with the seller's original purpose or for the support and promotion of health care in the affected community, and will be controlled as charitable funds independent of the purchaser or parties to the acquisition; and

(9) Whether a right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation has been retained, if the hospital is subsequently sold to, acquired by, or merged with another entity. [L 1998, c 257, pt of §1; am L 2002, c 40, §10]
Haw. Rev. Stat. § 326-17 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-17
§§326-17 to 326-19 REPEALED.
Status: repealed

§§326-17 to 326-19 REPEALED. L 1969, c 152, §11.
Haw. Rev. Stat. § 342H-17 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-17
Enforcement by state and county authorities.
Status: in_force

All state and county health authorities and police officers shall enforce this chapter and the rules, orders, and permits of the department.
Haw. Rev. Stat. § 326-21 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-21
Employment of patients.
Status: in_force

At any facility for the care and treatment of persons with Hansen's disease, the department of health, with the consent of a patient, may employ that patient to perform labor or service.

When there are vacancies in positions, classified under chapter 76, at a facility exclusively for the care and treatment of persons with Hansen's disease, employment preference shall be given to temporary release patients and discharged patients from those facilities provided that the persons so hired shall be otherwise qualified under chapter 76.

Discharged patients who have been employed prior to December 30, 1960, under chapter 76 in accordance with the second paragraph of this section shall be eligible to receive the same rights and privileges as those enjoyed by temporary release patients employed under the second paragraph of this section. [L 1937, c 108, §1; RL 1945, §2424; am L 1951, c 157, §11; am L 1953, c 241, §1; RL 1955, §50-24; am L 1957, c 10, §1; am L Sp 1959 2d, c 1, §19; am L 1961, c 13, §1; HRS §326-22; am L 1969, c 152, §1; am L 1974, c 115, §2; am L 1981, c 185, §10; ren and am L 1983, c 183, §2; am L 1985, c 250, §8; am L 1992, c 156, §5; am L 2000, c 253, §150]
Haw. Rev. Stat. § 342D-32 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-32
Negligent violations.
Status: in_force

Any person who:

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

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

shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than two years, or by both. [L 1989, c 212, pt of §2; am L 1994, c 5, §2]
Haw. Rev. Stat. § 342D-31 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-31
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 342D-30.

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

(1) The nature, circumstances, extent, gravity, and history of the violation and of any prior violations;

(2) The economic benefit to the violator, or anticipated by the violator, resulting from the violation;

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

(4) Good faith efforts to comply;

(5) Degree of culpability; and

(6) Such other matters as 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 is on the violator. [L 1989, c 212, pt of §2; am L 1994, c 269, §2; am L 1995, c 180, §13; am L 1999, c 193, §9]
Haw. Rev. Stat. § 328L-6 — HI Code / Division 1 / Title 19 / Chapter 328L / Section 328L-6
Tobacco prevention and control advisory board.
Status: in_force

(a) There is established a tobacco prevention and control advisory board under the department for administrative purposes.

(b) The tobacco prevention and control advisory board shall consist of members who are involved in tobacco prevention and control. Membership of the board shall be as follows:

(1) One member of the governor's staff, appointed by the governor;

(2) One member to be appointed by the governor from a list of two names submitted by the president of the senate;

(3) One member to be appointed by the governor from a list of two names submitted by the speaker of the house of representatives;

(4) The director or the director's designee;

(5) The superintendent of education or the superintendent's designee;

(6) Three members having demonstrated interest in and having backgrounds beneficial to controlling and preventing the use of tobacco, appointed by the director of health; and

(7) Three members representing populations at risk for tobacco use, appointed by the governor.

(c) Members shall:

(1) Be appointed or designated, as applicable, without regard to section 26-34;

(2) Serve without compensation; and

(3) Serve for a term of three years.

(d) The tobacco prevention and control advisory board, in collaboration with the department, shall develop a strategic plan for tobacco prevention and control, including:

(1) Developing and implementing effective and cost efficient programs, including health promotion and disease prevention;

(2) Developing adequate standards and benchmarks by which measures of program success under paragraph (1) of this subsection may be appropriately evaluated; and

(3) Assessing the effectiveness of programs engaged in health promotion and disease prevention.

The strategic plan shall be in writing and shall be a public document.

(e) The tobacco prevention and control advisory board shall advise the on the administration of the Hawaii tobacco prevention and control trust fund. [L 1999, c 304, pt of §2]
Haw. Rev. Stat. § 325-1.5 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-1.5
Purpose.
Status: in_force

The purpose of this chapter is to address prevention, control, and treatment of, and advancement of knowledge about, communicable diseases in the State.
Haw. Rev. Stat. § 340B-4 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-4
Board of certification.
Status: in_force

(a) A state board of certification of nine members shall be appointed by the governor to carry out this chapter. The board shall be placed, for administrative purposes, in the department of health. The board shall consist of the following:

(1) Four individuals who shall be employed in a wastewater treatment plant either as a certified operator or certified supervisor of a wastewater treatment plant. Three of the individuals must be employed in the outer island counties; one individual from the county of Hawaii, one from the county of Kauai, and one from the county of Maui.

(2) One individual who is an active member of the Hawaii water pollution control association.

(3) One individual who is a professional engineer in private practice, preferably specializing in sanitary engineering.

(4) One individual who is a member of the engineering (environmental or sanitary) faculty of a university or college in the State.

(5) One individual from the state agency responsible for the State's water quality program.

(6) One individual from the private sector interested in the field of water pollution control.

(b) The foregoing members shall serve for four-year terms except that of the initial appointments, one shall be for one year, two shall be for two years, two shall be for three years, and four shall be for four years.

(c) The members of the board shall meet for an organizational meeting at the call of the director, within forty-five days of their appointment and thereafter at least twice a year at such time and place as may be provided by rules and regulations adopted by them. The members of the board shall annually elect one of the board members to serve as chairperson. Additional meetings may be called by the chairperson as deemed necessary. Notice of such meeting shall be given all members in writing at least ten days prior to the date of the meeting.

(d) The governor shall fill any vacancy in the board and may remove any member for cause.

(e) Board members shall be reimbursed for expenses incurred in the performance of their duties. [L 1978, c 169, pt of §2]
Haw. Rev. Stat. § 342B-23 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-23
Application for permit.
Status: in_force

(a) An application for a permit required pursuant to this chapter shall be in the form prescribed by the director and for existing sources shall also be accompanied by a compliance plan.

(b) The department may require that permit applications be accompanied by other plans, specifications, meteorological monitoring data, ambient air quality monitoring data, and best available control technology analysis, and any other information necessary to identify the source, the air emissions, and the air quality impacts and to determine whether the proposed installation, modification, or operation will be in accord with applicable rules and standards. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 338-25 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-25
Prerequisite for permit.
Status: in_force

No permit under section 338-23 shall be issued until a certificate of death or fetal death, as far as it can be completed under the circumstances of the case, has been filed and until all the regulations of the department of health in respect to the issuance of such permit have been complied with.
Haw. Rev. Stat. § 326-34 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-34
County of Kalawao; governance.
Status: in_force

(a) The county of Kalawao shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement, and shall not be or form a portion of the county of Maui, but is constituted a county by itself. As a county it shall have only the powers especially conferred and given by sections 326-34 to 326-38 and, except as provided in those sections, none of the provisions of the Hawaii Revised Statutes regarding counties shall be deemed to refer to or shall be applicable to the county of Kalawao.

(b) The county of Kalawao shall be under the jurisdiction and control of the department of health and be governed by the laws, and rules relating to the department and the care and treatment of persons affected with Hansen's disease, except as otherwise provided by law. [L 1905, c 39, §2; RL 1925, §1577; am L 1931, c 138, §1; am imp L 1933, c 118, §§1, 2; RL 1935, §2928; RL 1945, §2438; am L 1949, c 53, §26; am L 1951, c 157, §15; RL 1955, §50-35; am L Sp 1959 2d, c 1, §19; HRS §326-34; am L 1969, c 152, §8; am L 1981, c 185, §16; am L 1988, c 263, §10]
Haw. Rev. Stat. § 321-377 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-377
Suspension or revocation of permit or license.
Status: in_force

(a) The director may revoke or suspend the permit or license of any person permitted or licensed under this part who:

(1) Is found guilty of any fraud, deceit, or misconduct in the practice of the occupation of tattoo artist; or

(2) Violates this part or any of the rules adopted by the department.

(b) In every case where it is proposed to revoke or suspend a permit or license, the director shall give the permittee or licensee concerned notice and a hearing. The notice shall be given in writing by registered or certified mail, with return receipt requested, at least fifteen days before the hearing. All hearings shall be conducted pursuant to chapter 91. [L 1990, c 285, pt of §2; am L 2002, c 34, §1; am L 2009, c 130, §6]
Haw. Rev. Stat. § 342L-4.5 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-4.5
Permits near shoreline prohibited; exception.
Status: in_force

(a) The department shall not issue a permit for a new underground fuel storage tank within one hundred yards of the shoreline; provided that a permit may be issued by the department for purposes of repairing or replacing an existing underground fuel storage tank.

(b) Except as otherwise provided in subsection (c), the holder of a permit for an existing underground fuel storage tank within one hundred yards of the shoreline may renew the permit.

(c) Beginning January 1, 2045, no person shall operate an underground fuel storage tank within one hundred yards of the shoreline, and no permit for an underground fuel storage tank within one hundred yards of the shoreline shall be renewed. [L 2016, c 179, §2]
Haw. Rev. Stat. § 321-24 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-24
§§321-24 to 321-26 REPEALED.
Status: repealed

§§321-24 to 321-26 REPEALED. L 1990, c 288, §6.
Haw. Rev. Stat. § 321-235 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-235
Immunity and limitation on liability for emergency aeromedical services.
Status: in_force

The State shall not be liable for any claim of injury or death based on a failure to establish or continue emergency aeromedical services in any part of the State or in any county, including the failure of the department of health to establish emergency aeromedical services.
Haw. Rev. Stat. § 323D-73 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-73
Notice; procedures.
Status: in_force

(a) Within five working days after receipt of a complete application under section 323D-72, the agency shall give public notice of the application in the affected county or counties where the hospital is located and shall notify by first-class mail any person who has requested notice of the filing of such applications. The public notice shall state that a completed application has been received, state the names of the parties to the agreement, describe the contents of the application, and state the date by which a person may submit written comments about the application to the agency.

(b) Within ninety days after receiving a complete application, the agency shall review the application in accordance with the standards set forth in this part and approve or disapprove the acquisition.

Within twenty days after receiving a complete application, the attorney general shall determine whether a review of the application in accordance with section 323D-76 is appropriate and notify the applicant if a review is warranted. If the attorney general determines that a review is unnecessary or not appropriate, then none of the other provisions of this part applicable to review by the attorney general shall apply.

(c) For acquisitions which require approval from the agency under this part and a certificate of need, the applicant shall submit a single application for both purposes and the application shall be reviewed under a single unified review process by the agency. Following the single unified review process, the agency shall simultaneously issue its decision regarding the certificate of need and its decision for purposes of the sale of a hospital under this part. [L 1998, c 257, pt of §1]
Haw. Rev. Stat. § 333F-7 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-7
Provision of services.
Status: in_force

The department shall:

(1) Assist the individual to develop, with the help of family and friends if necessary, an individualized service plan;

(2) Identify the amount of dollars available to the individual to effectuate the individualized service plan; and

(3) Allow consumers to direct the expenditure of the identified funds. [L 1987, c 341, pt of §2; am L 1995, c 189, §6; am L 1998, c 133, §3]
Haw. Rev. Stat. § 342H-14 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-14
Public records; confidential information; penalties.
Status: in_force

Solid waste management permit applications and reports on the disposal or management of solid waste submitted to the department shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department acquiring confidential information from the inspection authorized by section 342H-6 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000.
Haw. Rev. Stat. § 323B-5 — HI Code / Division 1 / Title 19 / Chapter 323B / Section 323B-5
[ §323B-5] Disclosure, use, and production of de-identified protected health information.
Status: in_force

[ §323B-5] Disclosure, use, and production of de-identified protected health information. (a) Provided that individually identifiable protected health information has been de-identified pursuant to title 45 Code of Federal Regulations part 164, as may be amended, the State shall have a compelling interest in the public and private disclosure, use, and production of the de-identified protected health information for the purposes of medical or economic research, protecting patient or public safety, ensuring proper operation of facilities providing medical care, and health care operations as defined in title 45 Code of Federal Regulations part 164, as may be amended.

(b) Public and private uses of de-identified protected health information in which the State shall have a compelling interest include but are not limited to:

(1) De-identified protected health information from state agencies, hospitals, medical and health care facilities, health care providers, and providers of health insurance relating to:

(A) Medical or economic research; and

(B) Public safety;

(2) De-identified protected health information from state agencies, pharmacies, hospitals, medical and health care facilities, health care providers, and providers of health insurance relating to patient protection and public safety involving unfair or deceptive acts or practices, restraints of trade, and price-fixing in violation of chapter 480; and

(3) De-identified protected health information from state agencies, hospitals, medical and health care facilities, and health care providers relating to the proper operation of medical and health care facilities that includes:

(A) Quality assessment and improvement activities;

(B) Patient protection and safety activities;

(C) Population based activities relating to improving health or reducing health care costs;

(D) Fraud and abuse detection and compliance; and

(E) Employment actions. [L 2017, c 157, §2]
Haw. Rev. Stat. § 321-115 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-115
Prophylactics.
Status: in_force

(a) As used in this section "prophylactic" means any device or appliance used or to be used for the prevention of sexually transmitted diseases.

(b) The department of health may adopt rules and charge fees to regulate the sale of prophylactics through vending machines and require that they be stocked with adequately labeled and scientifically approved devices only.

(c) It shall be unlawful for any person to vend prophylactics in mechanical coin-operated machines on the premises of any school in this State. The term "school" as used in this section shall have the same meaning as defined by section 302A-501. [L 1981, c 241, §1; gen ch 1985; am L 1991, c 32, pt of §1; am L 1996, c 89, §14; am L 2000, c 82, §1]
Haw. Rev. Stat. § 334-42 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-42
Emergency transportation initiated by a law enforcement officer.
Status: in_force

(a) When a law enforcement officer has a reasonable suspicion that an individual is imminently dangerous to self or others and needs to be detained for emergency examination, the law enforcement officer shall contact a mental health emergency worker; provided that the law enforcement officer may temporarily detain the individual if the law enforcement officer:

(1) Is unable to reach a mental health emergency worker telephonically after three attempts;

(2) Has reason to believe that the situation requires immediate intervention to prevent harm to the individual or others;

(3) Contacts a mental health emergency worker at the earliest time possible; and

(4) Documents the reasons why the situation necessitated that the individual be detained.

If the mental health emergency worker determines that the individual is mentally ill or suffering from substance abuse and is imminently dangerous to self or others, the law enforcement officer shall detain the individual for transportation to a facility for an emergency examination.

(b) When a crisis intervention officer has probable cause to believe that an individual is mentally ill or suffering from substance abuse and is imminently dangerous to self or others, the crisis intervention officer shall detain the individual for transportation to a facility for an emergency examination. The crisis intervention officer shall contact a mental health emergency worker to determine the type of facility where the individual shall be transported.

(c) Any individual detained under this section shall be transported directly to a psychiatric facility or other facility designated by the director, as determined by a mental health emergency worker; provided that if a medical emergency occurs during transport, the individual shall be transported to the nearest emergency department . A law enforcement officer shall make an application for the emergency examination of the individual. The application shall state in detail the circumstances under which and reasons why the individual was taken into custody. The application shall be transmitted with the individual to the psychiatric facility or other facility designated by the director and be made a part of the individual's clinical record.

(d) For the purposes of this section, "crisis intervention officer" has the same meaning as defined in section 353C-1. [L 2025, c 219, pt of §3]
Haw. Rev. Stat. § 321-373.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-373.5
Permit; required for tattoo shop and temporary locations.
Status: in_force

(a) No person, partnership, firm, corporation, or other legal entity shall operate a tattoo shop or temporary location without a permit pursuant to department rules.

(b) Each initial permit application under this section shall be accompanied by a fee of $125 for a permit valid for one year. For renewal of a permit, each applicant shall pay a fee of $75 per year. Initial permit application and renewal fees may be increased by not more than $10 per year.

(c) All permits shall expire on December 31 of each year. The application for a permit renewal shall be submitted to the department in writing on or before December 31 annually.

(d) The department may issue a temporary permit valid for a maximum of seven consecutive days per calendar year for locations other than a permitted tattoo shop for the purpose of a trade show, product demonstration, or educational demonstration; provided that the show or demonstration shall meet all safety and hygiene standards as specified by the director and in this chapter. The temporary permit application shall be made in writing to the department at least sixty days prior to the scheduled event, shall include specific measures to meet specified health and safety standards, and may be subject to a site inspection. Temporary permit applicants shall pay a $50 nonrefundable application fee in addition to:

(1) A $500 nonrefundable permit fee for an event featuring not more than forty participating tattoo artists; or

(2) A $50 nonrefundable permit fee for an event featuring less than three participating tattoo artists demonstrating for educational purposes only, without compensation, consideration, or donation by the public;

provided that the department may annually increase the fees specified in paragraphs (1) and (2) by not more than $100 and $10 per year, respectively. [L 2009, c 130, §1]
Haw. Rev. Stat. § 339D-23 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-23
Manufacturer responsibility.
Status: in_force

(a) Beginning January 1, 2023, a manufacturer shall recycle or arrange for the recycling or reuse of any electronic device sold in the State. Manufacturers shall fully fund their recycling plan, including the collection, transportation, and recycling of all electronic devices in the State.

(b) By September 1, 2022, and annually thereafter, each manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the recycling of electronic devices sold in the State, which shall be subject to the following conditions:

(1) The plan shall not permit the charging of a fee at the point of collection if the electronic device is brought by the electronic device owner to a central location for recycling; provided that the plan may include a reasonable transportation fee if the manufacturer or manufacturer's agent removes the electronic device from the owner's premises at the owner's request and if the removal is not in conjunction with delivery of a new electronic device to the owner;

(2) The plan shall include a description of the methods for the convenient collection of electronic devices at no cost to the owner, except as provided in paragraph (1). The recycling plan shall provide for collection services of electronic devices, at a minimum, in each county and zip code tabulation area, as defined by the United States Census Bureau, with a population greater than twenty-five thousand. The recycling plan shall include at least one of the following:

(A) Staffed drop-off sites;

(B) Alternative collection services, including on-site pick-up services; or

(C) Collection events held at an easily accessible, central location;

(3) The plan shall provide collection services at a minimum of once per month;

(4) The plan shall not contain only a mail-back option;

(5) The plan shall specify the use of only collectors registered with the State pursuant to section 339D-28;

(6) The plan shall specify the use of recyclers that have achieved and maintained third-party accredited certification from the Responsible Recycling Standard for Electronics Recyclers (R2), Standard for Responsible Recycling and Reuse of Electronic Equipment (e-Stewards), or an internationally accredited third-party environmental management standard for the safe and responsible handling of electronic devices; and

(7) The plan shall describe communication efforts with the State and counties to facilitate consumer education efforts to be conducted by the counties as required by section 339D-25.

(c) The department shall review each manufacturer's plan and, within sixty days of receipt of the plan, determine whether the plan complies with this part. If the plan is approved, the department shall notify the manufacturer or group of manufacturers. Upon department approval, the manufacturer or group of manufacturers shall implement the plan. If the plan is rejected, the department shall notify the manufacturer or group of manufacturers and provide the reasons for the plan's rejection. Within thirty days after receipt of the department's rejection, the manufacturer or group of manufacturers may revise and resubmit the plan to the department for approval.

(d) Each manufacturer may develop its own recycling plan or may collaborate with other manufacturers.

(e) The obligations under this chapter for a manufacturer that manufactures or manufactured electronic devices, or who sells or sold electronic devices manufactured by others, under a brand that was previously used by a different person in the manufacture of electronic devices, shall extend to all electronic devices bearing that brand. [L 2009, c 183, pt of §6; am L 2022, c 151, §12; am L 2025, c 162, §3]
Haw. Rev. Stat. § 341-6 — HI Code / Division 1 / Title 19 / Chapter 341 / Section 341-6
Functions of the environmental advisory council.
Status: in_force

The environmental advisory council shall serve as a liaison between the office of planning and sustainable development and the general public by soliciting information, opinions, complaints, recommendations, and advice concerning ecology and environmental quality through public hearings or any other means and by publicizing such matters as requested by the director. The environmental advisory council may make recommendations concerning ecology and environmental quality to the office of planning and sustainable development and shall meet at the call of the council chairperson or the director of the office of planning and sustainable development upon notifying the council chairperson. The environmental advisory council shall monitor the progress of state, county, and federal agencies in achieving the State's environmental goals and policies and shall submit its report and recommendations for improvements concerning ecology and environmental quality to the office of planning and sustainable development, which shall include the report and recommendations in its annual report to the legislature. All state and county agencies shall cooperate with the council by responding to its requests for information.
Haw. Rev. Stat. § 342H-8 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-8
Emergency powers; procedures.
Status: in_force

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

(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §4; am L 1995, c 201, §3]
Haw. Rev. Stat. § 342I-9 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-9
Disposition of collected fines and penalties.
Status: in_force

Fines and penalties collected under this part shall be deposited into the environmental response revolving fund, established by section 128D-2.
Haw. Rev. Stat. § 342F-8 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-8
Emergency powers; procedures.
Status: in_force

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

(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §3]
Haw. Rev. Stat. § 332-3 — HI Code / Division 1 / Title 19 / Chapter 332 / Section 332-3
Tag, statement, form.
Status: in_force

No person, by oneself or the person's agents, servants, or employees, shall, directly or indirectly, at wholesale or retail, or otherwise, sell, offer for sale, deliver, or consign, or have in the person's possession with intent to sell, deliver, or consign, any mattress that shall not have plainly and indelibly stamped or printed thereon, or upon a tag of suitable, durable material, not smaller than three inches square, securely sewed to the covering thereof a statement, in the English language, setting forth the kind or kinds of materials used in filling the mattress, and whether the materials are in whole, or in part, new or old, or second-hand, or shoddy, and the name and address of the manufacturer or vendor thereof, or both; also the quantity of the materials used, expressed in terms of avoirdupois weight; also size of same, expressed in linear measure, clearly indicating the length and breadth thereof, except that tags attached to comforters need state only the percentage of new material and shoddy material, and no sizes need be marked on same; provided that this chapter shall not apply to the sale or other disposal by the owner thereof, of any mattress constituting a part of the owner's household furniture.

The statement shall be in the following form:

MATERIALS USED IN FILLINGS

Percentage of kinds of materials.................... Gross weight of materials, including cover.......... pounds.......... Size.......... Vendor............... Address.........................................................
Haw. Rev. Stat. § 323D-13 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-13
Statewide health coordinating council.
Status: in_force

(a) There is established a statewide health coordinating council which shall be advisory to the state agency and the membership of which as appointed by the governor shall not exceed twenty members.

(b) The members of the statewide council shall be appointed by the governor in accordance with section 26-34, provided that a nonvoting, ex officio member who is the representative of the Department of Veterans Affairs shall be designated by the Department of Veterans Affairs. The membership of the statewide council shall be broadly representative of the age, sex, ethnic, income, and other groups that make up the population of the State and shall include representation from the subarea councils, business, labor, and health care providers. A majority but not more than eleven of the members shall be consumers of health care who are not also providers of health care.

(c) The statewide council shall select a chairperson from among its members. The members of the statewide council shall not be compensated but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(d) The number of members necessary to constitute a quorum to do business shall consist of a majority of all members who have accepted nomination to the council, and have been confirmed and qualified as members of the council. When a quorum is in attendance, the concurrence of a majority of the members in attendance shall make any action of the council valid.

(e) No member of the statewide council shall, in the exercise of any function of the statewide council described in section 323D-14(3), vote on any matter before the statewide council respecting any individual or entity with which the member has or, within the twelve months preceding the vote, had any substantial ownership, employment, medical staff, fiduciary, contractual, creditor, or consultative relationship. The statewide council shall require each of its members who has or has had such a relationship with an individual or entity involved in any matter before the statewide council to make a written disclosure of the relationship before any action is taken by the statewide council with respect to the matter in the exercise of any function described in section 323D-14 and to make the relationship public in any meeting in which the action is to be taken. [L 1975, c 159, pt of §2; am L 1976, c 152, §4; am L 1977, c 178, pt of §2; am L 1978, c 129, §3; am L 1980, c 75, §4; am L 1984, c 267, §5; am L 2017, c 12, §1]

Revision Note

In subsection (e), section "323D-14(3)" substituted for "323D-14(5)".
Haw. Rev. Stat. § 342B-72 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-72
[ §342B-72] Greenhouse gas emissions limits; rules.
Status: in_force

[ §342B-72] Greenhouse gas emissions limits; rules. (a) Before December 31, 2011, the director shall adopt rules pursuant to chapter 91:

(1) Establishing greenhouse gas emission limits applicable to sources or categories of sources, to be achieved by January 1, 2020, and establishing emission reduction measures to achieve the maximum practically and technically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit; and

(2) Requiring the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this part,

to become operative beginning on January 1, 2012.

(b) The director, to the extent feasible to achieve the statewide greenhouse gas emissions limit, shall adopt rules pursuant to chapter 91 and this section based upon the recommendations and findings of the work plan created pursuant to section 6 of Act 234, Session Laws of Hawaii 2007.

(c) Any rule adopted by the director pursuant to this section shall ensure all of the following:

(1) The greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the director; and

(2) If applicable, the greenhouse gas emission reduction occurs over the same time period and is equivalent in amount to any direct emission reduction required pursuant to this part.

(d) The director shall periodically review and update state emission reporting requirements and endeavor to make the requirements consistent with the requirements of international, federal, and other states' greenhouse gas emission reporting programs, as necessary.

(e) After January 1, 2012, the director may revise rules adopted pursuant to this section and adopt additional rules to further this part. [L 2007, c 234, pt of §8]
Haw. Rev. Stat. § 324-22 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-22
Identity of persons studied and material, restrictions.
Status: in_force

(a) The material collected under this part shall be used or published only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality; provided that the Hawaii Tumor Registry may reveal all relevant information to a patient's attending physician.

(b) The identity or any group of facts that tends to lead to the identity of any person whose condition or treatment has been studied shall be confidential and shall not be revealed in any report or any other matter prepared, released, or published. Researchers, however, may use the names of persons when requesting additional information for research studies after being approved by the cancer commission of the Hawaii Medical Association and the appropriate federally authorized human subjects protection board.

(c) The use of additional information obtained by researchers shall also be governed by subsection (a) and, in addition, where the patient is still living and the information is to be obtained directly from the patient, the researcher shall first obtain the approval of the patient or the patient's immediate family, including a reciprocal beneficiary, in that order of priority. [L 1973, c 25, pt of §1; gen ch 1985; am L 1997, c 383, §41; am L 2008, c 117, §4]
Haw. Rev. Stat. § 327-25 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-25
Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Haw. Rev. Stat. § 327-10 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-10
Manner of making, amending, or revoking an anatomical gift of decedent's body or body part.
Status: in_force

(a) A person authorized to make an anatomical gift under section 327-9 may make an anatomical gift by a document of gift signed by the person making the gift or that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(b) Subject to subsection (c), an anatomical gift by a person authorized under section 327-9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available; provided that any response other than an express, contrary indication regarding the decedent's anatomical gift shall prohibit amendment or revocation of an anatomical gift of the decedent's body or body parts. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 327-9 may be amended or revoked only if a majority of the reasonably available members of that class agree to the amending or revoking of the gift; provided that any response other than an express, contrary indication by the majority of the reasonably available members of that class regarding the decedent's anatomical gift shall prohibit amendment or revocation of an anatomical gift of the decedent's body or body parts.

(c) A revocation under subsection (b) is effective only if the procurement organization or transplant hospital or the physician or technician knows of the revocation before an incision has been made to remove a body part from the donor, or before invasive procedures have begun to prepare the recipient. [L 2008, c 122, pt of §1; am L 2010, c 156, §2]
Haw. Rev. Stat. § 339D-25 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-25
Electronic device recovery system; consumer education.
Status: in_force

(a) The department shall develop a consumer education program about the electronic device recycling program.

(b) Beginning January 1, 2023, the department shall display on its website a toll-free number and current information on electronic device recycling locations. [L 2009, c 183, pt of §6; am L 2022, c 151, §14]
Haw. Rev. Stat. § 334-102 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-102
Criteria.
Status: in_force

The director shall use the following as criteria in determining the eligibility of each applicant:

(1) Facilities:

(A) Settings, whether residential or day, shall be as close to a normal home environment as possible without sacrificing client safety or care;

(B) Residential treatment centers shall be relatively small, preferably fifteen beds or less, but in any case with the appearance of noninstitutional setting; and

(C) The individual elements of the system, where possible, shall be in separate facilities and not part of one large facility attempting to serve an entire range of clients;

(2) Staffing patterns:

(A) Staffing patterns shall reflect, to the maximum extent feasible, at all levels, the cultural, linguistic, ethnic, sexual, and other social characteristics of the community the facility serves;

(B) The programs shall be designed to use appropriate multidisciplinary professional consultation and staff to meet the specific diagnostic and treatment needs of the client; and

(C) Programs shall be encouraged to use paraprofessionals where appropriate;

(3) Programs:

(A) The programs shall have a rehabilitation focus which encourages the client to develop the skills to become self-sufficient and capable of increasing levels of independent functioning where appropriate. They shall include prevocational and vocational programs;

(B) The programs shall encourage the participation of the clients in the daily operation of the setting in development of treatment and rehabilitation planning and evaluation;

(C) Participation in any element of the system shall not preclude the involvement of clients in individual therapy. Individual therapists of clients, where possible, shall be directly involved in the development and implementation of a treatment plan;

(4) Coordination: The programs shall demonstrate specific linkages with one another, and with the general treatment and social service system, as a whole. These connections should not be limited to the mental health system, but shall include, whenever possible, community resources utilized by the general population. To ensure coordination occurs, each program shall include a case management system in which the case manager serves as a coordinator to assure the cooperative operation of the various elements of the system and to act as an active advocate for the clients in the system. The case manager shall assure that each client receives the appropriate type of service. The case manager shall meet regularly with clients, work closely with program staff, and serve as an advocate. The case manager shall work directly with the client and the system to assure continuity of care between the service elements of the system. [L 1980, c 221, pt of §2]
Haw. Rev. Stat. § 328J-11 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-11
Compliance and administration.
Status: in_force

(a) Enforcement of compliance with this chapter shall be under the jurisdiction of the department.

(b) The director shall adopt rules under chapter 91 as are appropriate to carry out the purposes of this chapter and for the efficient administration thereof.

(c) Any citizen who wants to register a complaint under this chapter may initiate an enforcement action with the department as set forth by the director.

(d) An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of its provisions.

(e) Notwithstanding any other provision of this chapter, an employee or private citizen may bring legal action to enforce this chapter.

(f) Notwithstanding any other provision of this chapter, the department, other appropriate county agency, county, or any other person aggrieved by the failure of the owner, operator, manager, or other person in control of a place open to the public or a place of employment to comply with this chapter may apply for injunctive relief to enforce this chapter in any court of competent jurisdiction. [L 2006, c 295, pt of §2]
Haw. Rev. Stat. § 329-31.5 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-31.5
Clinics.
Status: in_force

Registration as a clinic is required when an out-patient medical facility maintains centralized ordering, storage, and record keeping of controlled substances to be administered and/or dispensed to patients. Registration of a clinic requires that:

(1) Each location where controlled substances are stocked be registered by name, location, and designated principal practitioner or affiliated pharmacy. The principal practitioner or affiliated pharmacy shall be responsible for the accurate maintenance of records which document all controlled substances ordered, received, administered, and dispensed within the clinic;

(2) Controlled substances stocked at a clinic under the clinic State of Hawaii and Drug Enforcement Administration registration numbers be administered to clinic patients by licensed or registered health care professionals under the supervision of the treating practitioner;

(3) Controlled substances stocked at a clinic under the clinic State of Hawaii and Drug Enforcement Administration registration numbers be dispensed to clinic patients only by the treating practitioner for emergency and urgent care, when a written prescription would not be practical;

(4) A centralized record signed and dated by the treating practitioner which indicates the patient, controlled substance, date and time of administration and/or dispensing be maintained and stored with the current controlled substance inventory, ordering, and receipt records. These records shall be maintained for five years; and

(5) A clinic practitioner who individually maintains a personal stock of controlled substances does so under the practitioner's individual State and Drug Enforcement Administration registration number. These controlled substances shall be kept separate from clinic stock and cannot be accessed by other practitioners.

The term "affiliated pharmacy" as used in this section means a licensed pharmacy which supplies and monitors the controlled substances stocked in a registered clinic.

The term "clinic" as used in this section means an out-patient medical facility owned and operated by a legal entity that employs individual practitioners for the treatment of patients and which may or may not provide after-hours emergency or urgent care.

The term "principal physician" means the practitioner in a clinic whose signature appears on the clinic's State of Hawaii and Drug Enforcement Administration registrations, and who is responsible for the proper maintenance, storage, and record keeping of the controlled substances ordered and centrally stocked in the clinic using the clinic Drug Enforcement Administration registration number. [L 1991, c 159, §1; am L 1999, c 252, §3]
Haw. Rev. Stat. § 328E-4 — HI Code / Division 1 / Title 19 / Chapter 328E / Section 328E-4
When not applicable.
Status: in_force

[§328E-4 When not applicable.] This chapter shall not apply to any person who commits any act described herein pursuant to the direction or prescription of a practitioner, as defined in the "Hawaii Food, Drug and Cosmetic Act" (section 328-16).
Haw. Rev. Stat. § 339-2 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-2
Powers of the director.
Status: in_force

(a) The director shall have the power to administer and enforce the provisions of this chapter and to propose and to adopt pursuant to chapter 91 rules necessary to carry out the provisions, purposes, and intent of this chapter, and may delegate responsibilities with the exception of rulemaking to the agency the director deems appropriate.

(b) The director may request all state and local governmental agencies having law enforcement powers to provide services and personnel reasonably necessary to assist in the enforcement of this chapter. Any such agency and personnel thereof so assisting the director shall be empowered to enforce this chapter and all such rules.

(c) The director may employ a person without regard to chapter 76 to serve at the director's pleasure as the director finds necessary for the implementation of this chapter.

(d) The provisions of this chapter shall not in any way preempt or diminish the present powers and duties of state and county agencies in regard to the prevention and control of litter. [L Sp 1977 1st, c 2, pt of §2; gen ch 1985; am L 2000, c 253, §150]
Haw. Rev. Stat. § 322-30 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-30
Cost of improvement; how apportioned.
Status: in_force

The cost of the improvements made or completed by the comptroller shall be apportioned as follows:

(1) Cost of filling any lot or parcel shall be borne by the lot or parcel;

(2) Cost of any drainage system including the cost of drains or ditches, damages for property taken for the same, and other expenses, if any, shall be apportioned among all the lots or parcels in the drainage district in proportion to their respective areas. [L 1915, c 190, §7; RL 1925, §984; RL 1935, §1334; RL 1945, §2725; RL 1955, §47-29; am L Sp 1959 2d, c 1, §12; HRS §322-30]
Haw. Rev. Stat. § 321-229 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-229
Emergency medical services personnel, training programs.
Status: in_force

(a) The University of Hawaii shall provide training courses in basic, intermediate, and advanced life support for emergency medical services personnel statewide. The curricula and syllabi of these courses shall be approved in advance by the department. The curricula and syllabi of courses for ambulance personnel shall be consistent with the scope and level of the practice of emergency medical services associated with emergency ambulance personnel licensure defined by the Hawaii medical board under part II of chapter 453.

(b) The University of Hawaii, or other accredited community college, college, or university, or any professional organization that is approved by the department to provide emergency medical services training, shall consult with the department and any county operating a county emergency medical services system pursuant to part XI of chapter 46 to determine the number and type of emergency medical services courses necessary to support the staffing requirements for emergency medical services. The basic life support and advanced life support training programs shall be relevant to and consistent with the training course required for licensure under chapter 453.

(c) The department shall develop standards for emergency medical services course instructors and standards for emergency medical services training facilities for all basic life support personnel, advanced life support personnel, users of the automatic external defibrillator, and emergency medical dispatch personnel that shall be at least equivalent to or exceed the standards necessary to meet the requirements, pursuant to part II of chapter 453, for the licensure of basic life support personnel and advanced life support personnel.

(d) The department of health may conduct annual inspections of the training facilities and evaluate the qualifications of course instructors to ensure that the standards and qualifications are consistent with the medical standards for basic life support personnel, advanced life support personnel, users of the automatic external defibrillators, and emergency medical dispatch personnel. [L 1978, c 148, pt of §1; am L 1980, c 285, §3; am L 1981, c 93, §5; am L 1984, c 168, §5; am L 1996, c 210, §2; am L 1999, c 212, §2; am L 2008, c 9, §3; am L 2021, c 119, §3 and c 208, §13]
Haw. Rev. Stat. § 342D-36 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-36
Treatment of single operational upset.
Status: in_force

For the purpose of this part, a single operational upset which leads to simultaneous violations of more than one water pollutant parameter shall be treated as a single violation.
Haw. Rev. Stat. § 321-345.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-345.5
[ §321-345.
Status: in_force

[ §321-345.5] Child death reviews; reports. (a) The director shall submit an annual written report to the legislature no later than twenty days prior to the convening of each regular session on the status of child death reviews conducted by the department pursuant to this part. The annual report shall cover the calendar year immediately prior to the year in which the report is due and shall describe the total number of child deaths in Hawaii and the causes of those deaths, the number of deaths of children in state custody and the causes of those deaths, any child death review activities conducted by the department, trends in child deaths, and recommendations for system changes, including any proposed legislation.

(b) Upon written request of the director, a state or county agency shall report deaths of children in the custody of the state or county agency to the department, including any information on the circumstances of the child's death deemed relevant by the director.

(c) The director shall submit a copy of any other child death review report published by the department, including findings and recommendations resulting from such a review, to the legislature upon the report's publication. [L 2016, c 203, §2]
Haw. Rev. Stat. § 327-21 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-21
Effect of anatomical gift on advance health-care directive.
Status: in_force

(a) If a prospective donor has a declaration or advance health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a body part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or if the agent is not reasonably available, another person authorized by law other than this chapter to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 327-9. Before resolution of the conflict, measures necessary to ensure the medical suitability of the body part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.

(b) As used in this section:

"Advance health-care directive" means a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor or a power of attorney for health care.

"Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn.

"Health-care decision" means any decision regarding the health care of the prospective donor. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 342D-104 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-104
Information-gathering requirements.
Status: in_force

(a) Except as provided under section 342D-111, the owner or operator of a commercial passenger vessel shall maintain records and, upon request of the department, provide to the department a report, with copies of the records related to the period of operation in the marine waters of the State, detailing the dates, times, and locations, and the volumes or flow-rates of any discharge of sewage or other wastewater into the marine waters of the State, or the opacity of air emissions.

(b) Except as provided under section 342D-111, while a commercial passenger vessel is present in the marine waters of the State, the owner or operator of the vessel shall collect routine samples of the vessel's treated sewage and other wastewater that are being discharged into the marine waters of the State with a sampling technique approved by the department before the sample is collected. The number of routine samples for each vessel to be collected under this subsection shall be the greater of two per calendar year or the number of samples required to be collected under federal laws and regulations for sewage or other wastewater discharges.

(c) Except as provided under section 342D-111, while a commercial passenger vessel is present in the marine waters of the State, the department through an independent contractor may collect additional samples of the vessel's treated sewage that are being discharged into the marine waters of the State, or monitor the opacity of air emissions.

(d) Except as provided under section 342D-111, the owner or operator of a vessel required to collect samples under subsection (b) shall, as required by the department, have the samples tested. Tests required may include tests for fecal coliform, ammonia, residual chlorine, pH (degree of acidity or alkalinity), chemical oxygen demand, biochemical oxygen demand, total suspended solids, and any other parameters as required by the department. An analytical testing method approved by the department before the testing is conducted shall be used. A laboratory used for testing under this subsection shall agree not to disclose the testing results to any person other than to the department, the United States Coast Guard, or the owner or operator of the vessel.

(e) The owner or operator of a commercial passenger vessel shall pay for all routine sampling under subsection (b), additional sampling under subsection (c), and for the testing of routine samples.

(f) If the owner or operator of a commercial passenger vessel, when complying with another state or federal law that requires substantially equivalent information gathering, has gathered the type of information required under subsection (a), (b), or (d), the owner or operator shall be considered to be in compliance with that subsection so long as the information is also provided to the department. The department shall establish, by rule, requirements for determining substantially equivalent information gathering. [L 2005, c 217, pt of §1]
Haw. Rev. Stat. § 342F-30.8 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-30.8
Leaf blowers; weed whackers; restrictions.
Status: in_force

(a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower or weed whacker within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 a.m. and 7:00 p.m. on any day except Sunday or a state or federal holiday, and between the hours of 9:00 a.m. and 7:00 p.m. on Sunday or any state or federal holiday; provided that government entities, and agents acting on behalf of government entities, may use weed whackers during the prohibited hours in the case of an emergency as defined in section 127A-2.

(b) Violators shall be fined $50 for the first violation, $100 for the second violation, $200 for the third violation, and $500 for each subsequent violation.

(c) Government entities, and agents acting on behalf of government entities, shall not be subject to this section as it applies to leaf blowers.

(d) Any county may adopt a rule or ordinance that places stricter limitations on the use of leaf blowers or weed whackers than are in this section. In case of a conflict between the requirements or limitations of this section and any county rule or ordinance regarding the use of leaf blowers or weed whackers, the more restrictive requirements shall apply.

(e) For the purposes of this section:

"Leaf blower" means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces.

"State holiday" means any day established as a state holiday in section 8-1.

"Weed whacker" means a gasoline or electric powered yard tool that uses either a flexible monofilament line (also known as a string or line trimmer) or revolving metal cutting blade intended to cut or trim grass and other vegetation. [L 2010, c 206, §1; am L 2024, c 179, §1]
Haw. Rev. Stat. § 342J-9 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-9
Penalties.
Status: in_force

(a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 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 representative of the director, or fails to provide information requested by the representative under section 342J-6 or 342J-55 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.

(c) Any person who knowingly:

(1) Transports any hazardous waste to a storage, treatment, or disposal facility that does not have a permit pursuant to section 342J-5 to treat, store, or dispose of that particular hazardous waste;

(2) Treats, stores, or disposes of hazardous waste without first having a permit pursuant to section 342J-5, or who violates any term or condition of a permit or variance issued pursuant to this chapter;

(3) Transports, treats, stores, disposes of, recycles, causes to be transported, or otherwise handles any used oil or used oil fuel in violation of any rules adopted pursuant to this chapter relating to used oil or used oil fuel;

(4) Makes a false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used, for purposes of compliance with this chapter, including compliance with any rules adopted pursuant to this chapter relating to used oil or used oil fuel; or

(5) Abandons or causes to be abandoned any hazardous waste, used oil, or used oil fuel;

shall be subject to criminal penalties. Violations of paragraphs (3) and (4) are misdemeanor offenses. In addition to any other sentence, a person who violates paragraph (3) or (4) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.

Violations of paragraphs (1), (2), and (5) are class C felonies. In addition to any other sentence, a person who violates paragraph (1), (2), or (5) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.

For purposes of this subsection, "abandon" means the act of deserting or leaving behind a hazardous waste, used oil, or used oil fuel. [L 1989, c 212, pt of §5; am L 1990, c 298, §11; am L 1991, c 157, §16 and c 259, §10; am L 1995, c 180, §26; am L 1996, c 82, §3; am L 1997, c 147, §3; am L 2001, c 21, §1; am L 2014, c 218, §8]
Haw. Rev. Stat. § 329B-2 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-2
Definitions.
Status: in_force

As used in this [chapter]:

"Confirmatory test" means a drug or alcohol test that uses a method of analysis determined by the director of health to be reliable in establishing the identity and quantity of alcohol, drugs, or metabolites of drugs detected in an initial screening test.

"Department" means the department of health.

"Director" means the director of health.

"Drug" means a controlled substance as defined in chapter 329.

"Medical review officer" means an individual who has knowledge of substance abuse disorders and toxicology as determined by the department, and is appointed by the third party to receive, review, and interpret the results of laboratory tests requested by the third party. The department may specify through rules the qualifications of a medical review officer, and any additional responsibilities that may be required to carry out this chapter.

"Positive test result" means a finding through confirmatory testing of the presence of drugs, alcohol, or the metabolites of drugs in the sample tested in the levels at or above the cutoff levels established by the director.

"Substance abuse on-site screening test" means a portable substance abuse test that meets the requirements of the United States Food and Drug Administration for commercial distribution or is manufactured by a facility that is minimally certified as meeting the ISO 13485 standard established by the International Organization for Standardization and which may be used by an employer in the workplace.

"Substance abuse test" means any testing procedure designed to take and analyze body fluids or materials from the body for the purpose of measuring the amount of drugs, alcohol, or the metabolites of drugs in the sample tested.

"Third party" means any person, agency, employer or any other entity who requests substance abuse testing of another person or persons. Unless otherwise specified, the "third party" shall include the party's designated staff. [L 1990, c 236, pt of §1; am L 1992, c 201, §2; am L 1993, c 158, §2; am L 1999, c 206, §2; am L 2007, c 179, §1]
Haw. Rev. Stat. § 334-83 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-83
Hearing.
Status: in_force

The court may take testimony and may examine the patient and after a full and complete hearing shall render a decision in writing, setting forth its findings of fact and conclusions of law. The court may award a fee to the guardian ad litem to be paid out of any property of the patient or funds of the court available therefor.
Haw. Rev. Stat. § 328E-2 — HI Code / Division 1 / Title 19 / Chapter 328E / Section 328E-2
Use prohibited.
Status: in_force

[§328E-2 Use prohibited.] No person shall breathe, inhale or drink any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this chapter, any such condition so induced shall be deemed to be an intoxicated condition.
Haw. Rev. Stat. § 342G-121.5 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-121.5
[ §342G-121.
Status: in_force

[ §342G-121.5] Risk-based selection process; audit. (a) The department shall develop a risk-based process to select, for periodic audit, certain deposit beverage distributor and redemption center reports submitted to the deposit beverage container program. The department may hire personnel or external consultants to perform the audits. In developing a risk-based process to audit certain deposit beverage distributor and redemption center reports, the department shall:

(1) Consider a variety of risk factors, including but not limited to the amount of money transacted, prior audit findings, and frequency of the deposit beverage distributor's or redemption center's prior audits;

(2) Require deposit beverage distributors to send monthly or semi-annual distribution reports and supporting records, such as schedules of invoices, shipping documents, point-of-sale reports, and other documentation as required by the department, to the deposit beverage container program; and

(3) Ensure that the audit process includes a risk assessment derived from deposit beverage distributor and redemption center data based on the reports submitted, including but not limited to carrying out analytics and trend analyses to target certain deposit beverage distributors and redemption centers having unusual fluctuations.

(b) The department shall:

(1) Summarize the results of the deposit beverage distributor and redemption center audits and assess whether enforcement actions should be considered to ensure that the amounts that are being reported are accurate;

(2) Consider conducting follow-up audits; and

(3) Consider publicly announcing violations.

(c) All deposit beverage distributors shall:

(1) Develop and submit to the deposit beverage container program for approval an internal control process to ensure that the monthly or semi-annual distribution report forms contain accurate data and that adequate records are maintained; and

(2) Obtain independent audits for years ending in an odd number. [L 2022, c 12, §2]
Haw. Rev. Stat. § 342H-34 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-34
Consultation and advice.
Status: in_force

The director may consult with and advise any person engaged or intending to be engaged in the management of solid waste.
Haw. Rev. Stat. § 321-1.8 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.8
Inspections; public notice.
Status: in_force

(a) Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all inspections it performs of the following state-licensed care facilities:

(1) Adult day health centers;

(2) Adult day care centers;

(3) Community care foster family homes;

(4) Developmental disabilities domiciliary homes as defined in section 321-15.9;

(5) Developmentally disabled adult foster homes;

(6) Long-term care facilities as defined in section 349-21(f); and

(7) Special treatment facilities as defined in section 334-1.

(b) Each report shall be posted on the department of health's website within five working days of the conclusion of each inspection and shall include the following information:

(1) The date of the inspection;

(2) A description of violations of relevant state laws or rules, if applicable;

(3) Plans of correction and the status of corrective actions in response to any violations, if applicable;

(4) A list and description of all corrective actions taken by the facility, if applicable, to be submitted by the facility and added to the report at a later time, as determined by the department; and

(5) Other information regarding the quality and conditions of the facility the department of health deems appropriate.

(c) Each report posted on the department of health's website that reports a violation committed by a state-licensed care facility as described in subsection (a) shall be removed from the website after three years from the date the report was posted. [L 2013, c 213, §2]
Haw. Rev. Stat. § 321-324 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-324
Powers of the department.
Status: in_force

The department of health may:

(1) Make available to the target population quality health care services, with emphasis on preventive health services;

(2) Develop, extend, and improve the services; and

(3) Cooperate with the federal government, through its appropriate agency or instrumentality, in identifying needs, developing, extending, and improving the services, and receiving and expending all funds made available to the department by the federal government, the State, or its political subdivisions, or from any other source, including private donations, for the purposes of this part. [L 1988, c 203, pt of §1]
Haw. Rev. Stat. § 323F-55 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-55
Transfer or assignment of other business assets.
Status: in_force

Provisions to transfer ownership or assign the interest of the corporation or the Maui regional system in some or all of the equipment and furnishings of the facility or facilities transferred to the private entity or its nonprofit management entity under this part shall be included in the lease entered into under section 323F-54.
Haw. Rev. Stat. § 337-1 — HI Code / Division 1 / Title 19 / Chapter 337 / Section 337-1
Definitions.
Status: in_force

Whenever used in this chapter:

"Flight" and "fled" mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying, the action of the court in which the proceedings may have been instituted or be pending, or any such departure from the state where the person demanded then was, if the person then was under detention by law as a person of unsound mind and subject to detention.

"State" includes states, territories, districts, and insular and other possessions of the United States.

As applied to a request to return any person within the purview of this chapter to or from the District of Columbia, the words "executive authority", "governor", and "chief magistrate", respectively, include a justice of the supreme court of the District of Columbia and other authority. [L 1927, c 214, §2; RL 1935, §1020; RL 1945, §3831; RL 1955, §85-1; HRS §337-1; gen ch 1985]
Haw. Rev. Stat. § 321-562 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-562
[ §321-562] Limited service pregnancy centers; enforcement; private right of action.
Status: in_force

[ §321-562] Limited service pregnancy centers; enforcement; private right of action. (a) A limited service pregnancy center that violates section 321-561 shall be liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. If the center is provided with reasonable notice of noncompliance, which informs the center that it is subject to a civil penalty if it does not correct the violation within thirty days from the date the notice is sent to the center, and the violation is not corrected as of the expiration of the thirty-day notice period, the attorney general may bring an action in the district court of the district in which the center is located to enforce this section.

A civil penalty imposed pursuant to this subsection shall be deposited to the credit of the general fund.

(b) Any person who is aggrieved by a limited service pregnancy center's violation of section 321-561 may bring a civil action against the limited service pregnancy center in the district court of the district in which the center is located to enjoin further violations and to recover actual damages sustained together with the costs of the suit including reasonable attorneys' fees. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained. If damages are awarded pursuant to this subsection, the court may, in its discretion, impose on a liable center a civil fine of not more than $1,000 to be paid to the plaintiff.

A party seeking civil damages under this subsection may recover upon proof of a violation by a preponderance of the evidence.

For the purposes of this subsection, "person" includes a natural or legal person.

(c) The enforcement procedure and remedies provided by this section shall be in addition to any other procedure or remedy that may be available to the State or a person aggrieved by a violation of this chapter.

(d) This section and section 321-561 are not intended to require regulation or oversight of limited service pregnancy centers by the department of health. [L 2017, c 200, pt of §2]
Haw. Rev. Stat. § 338-17.8 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-17.8
Certificates for children born out of State.
Status: in_force

(a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.

(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.

(c) The fee for each application for registration shall be established by rule adopted pursuant to chapter 91. [L 1982, c 182, §1]
Haw. Rev. Stat. § 324-12 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-12
Identification of persons studied; restriction.
Status: in_force

The material shall be used or published only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality. The identity, or any group of facts which tends to lead to the identity, of any person whose condition or treatment has been studied shall be confidential and shall not be revealed in any reports or any other matter prepared, released, or published by the research or study committees under any circumstances.
Haw. Rev. Stat. § 328-8 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-8
Regulations to be prescribed.
Status: in_force

(a) Whenever in the judgment of the department of health such action will promote honesty and fair dealing in the interest of consumers, the department shall prescribe regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, or reasonable standard of quality or fill of container. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so prescribed shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Act.

(b) Temporary permits now or hereafter granted for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this State under the conditions provided in such permits. In addition, the director may issue additional permits where they are necessary to the completion or conclusiveness of an otherwise adequate investigation and where the interests of consumers are safeguarded. Such permits shall be subject to such terms and conditions as the director may prescribe.

(c) The director may establish rules as necessary for the enforcement of this part. The rules shall be adopted pursuant to chapter 91; except that the director may, without regard to chapter 91, establish tolerance levels and regulatory or action levels by reference to the provisions of the regulations or guidelines of the United States established in 40 Code of Federal Regulations Parts 180 and 185 or the United States Food and Drug Administration Compliance Policy Guides as the regulations or guidelines become effective at any time or from time to time. [L 1941, c 318, §5; RL 1945, §2208; RL 1955, §51-8; am L Sp 1959 2d, c 1, §19; HRS §328-8; am L 1972, c 151, §4; am L 1977, c 200, §2; am L 1983, c 100, §5; am L 1984, c 12, §2; am L 1985, c 144, §1; am L 1989, c 72, §1]
Haw. Rev. Stat. § 321-372 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-372
Definitions.
Status: in_force

As used in this part:

"Department" means the department of health.

"Director" means the director of health.

"Tattoo artist" means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin, resulting in permanent or semi-permanent markings, with the aid of needles, electric machines, hand tools, or other devices or means. [L 1990, c 285, pt of §2; am L 2009, c 130, §2]
Haw. Rev. Stat. § 322-2 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-2
Ordering owner to remove.
Status: in_force

Whenever any such nuisance, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease is found on private property, the department of health shall cause notice to be given to the owner to remove and abate the same at the owner's own expense within such reasonable time as the department may deem proper. A duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner if residing in the State. If the owner resides out of the State or cannot be reached with notice speedily, notice left at the house or posted on the premises shall be sufficient. If the owner thus notified does not comply with the notification or order of the department, or its agent, within the time specified, the department or its agent may apply to the district court of the circuit in which the property is situated for an order authorizing the department to execute and carry out the notice or for an order to abate the nuisance and remove, destroy, or prevent the cause of the foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to public health.

The department may recover by appropriate proceedings the expenses incurred by it in the abatement, removal, destruction, or prevention, from any person who has caused or allowed the nuisances, source of foul or noxious odors, gases or vapors, water in which mosquito larvae breed, source of filth, or cause of sickness or disease, or other thing detrimental to the public health, and from any owner, tenant, or occupant of the premises, who, after notice, has failed to abate, remove, destroy, or prevent the nuisance, source of foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to the public health within the time specified in the notice. In no case shall the department or any officer or agent thereof be liable for costs in any action or proceeding that may be commenced in pursuance of this part. [PC 1869, c 59, §10; am L 1911, c 111, §2; am L 1919, c 80, §1; RL 1925, §924; RL 1935, §1311; RL 1945, §2702; RL 1955, §47-2; am L Sp 1959 2d, c 1, §19; HRS §322-2; am L 1970, c 188, §40; gen ch 1985]
Haw. Rev. Stat. § 325-104 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-104
Responsibility to report.
Status: in_force

Notwithstanding any other law to the contrary, no provision in this part shall be construed so as to diminish, limit, or eliminate the responsibility of any person to report HIV infection, ARC, or AIDS to the proper authorities pursuant to section 325-2.
Haw. Rev. Stat. § 321-374 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-374
License required; exemptions.
Status: in_force

(a) Except as otherwise provided by law, no person shall practice the occupation of tattoo artist in this State, with or without compensation, consideration, or donation, or shall announce oneself either publicly or privately as prepared or qualified to practice that occupation without having a valid unrevoked license from the department to do so.

(b) Physicians or osteopathic physicians holding a valid unrevoked license under chapter 453 are exempt from the requirements of this part.

(c) The department may issue, to tattoo artists who are not licensed in the State, temporary licenses that are valid for a maximum of fourteen consecutive days per calendar year for:

(1) Educational, trade show, or product demonstration purposes; or

(2) The purpose of practicing the occupation of tattoo artist at a permitted tattoo location.

Temporary licensees shall be subject to this part and applicable rules.

(d) Applications for temporary licenses shall be made in writing to the department at least sixty days prior to the proposed event and accompanied by a nonrefundable application fee of $100 and written proof satisfying the requirements under subsection (e). An applicant shall be notified of the disposition of the application within twenty business days of the receipt of application.

(e) An applicant for a temporary license shall have either:

(1) Passed a blood borne pathogen course developed specifically for the tattoo industry, approved by the director, within two years of the date of application; or

(2) Passed the state tattoo artist written examination within two years of the date of the application.

(f) Temporary license fees may be increased annually by not more than $10.

(g) Licensed tattoo artists shall tattoo only in a shop or temporary location that has a valid unrevoked permit issued by the director. [L 1990, c 285, pt of §2; am L 1996, c 202, §7; am L 2009, c 11, §36 and c 130, §4]
Haw. Rev. Stat. § 342G-62 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-62
Solid waste disposal surcharge.
Status: in_force

(a) There is established a solid waste management surcharge. The solid waste management surcharge shall be 35 cents per ton of solid waste disposed of within the State at permitted or unpermitted solid waste disposal facilities. The surcharge shall be paid by the person or entity doing the disposal. The owner or operator of the facility shall transfer all moneys collected from the surcharge to the department through a quarterly reporting and payment schedule. Estimates of quarterly solid waste disposal shall be submitted prior to the first day of each quarter and the transfer of moneys collected shall occur within thirty days of the end of each quarter.

(b) The surcharge collected pursuant to this section shall be deposited into the environmental management special fund. All interest earned or accrued on moneys deposited in the fund shall become a part of the fund. [L 1993, c 312, pt of §2; am L 1997, c 268, §1]
Haw. Rev. Stat. § 342P-5.5 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-5.5
Variances.
Status: in_force

(a) Every application for a variance shall be made on a form furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to applicable standards, and any other information that the department may require by rule.

(b) Each application for a variance shall be reviewed by the department. Additional information may be requested by the department for review.

(c) Whenever an application for a variance is approved, the department shall issue a variance authorizing the deviation from established asbestos or lead-based paint hazards 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 deviation from asbestos or lead standards occurring or proposed to occur by the granting of the variance is in the public interest;

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

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

(d) Any variance or renewal of a variance shall be granted within the requirements of this section, and for time periods consistent with the reasons given 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 asbestos or lead involved, it shall be only until the necessary means for prevention, control, or abatement becomes practicable. The variance shall be granted 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 asbestos or lead hazards involved;

(2) The director may issue a variance for a period not exceeding six months; and

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

(e) Any variance granted pursuant to this section may be renewed for periods not exceeding six months on terms and conditions 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. No renewal shall be granted without an application. Any renewal application shall be made at least sixty days prior to the expiration of the variance. The director shall act on an application for renewal within sixty days of the receipt of the application.

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

(g) No variance shall be construed to prevent or limit the application of any emergency provision or procedure provided by law.

(h) Any application for a variance may be subject to public participation. The contents of the public notice for a variance application shall include at least:

(1) The name, address, and phone number of the agency issuing the public notice;

(2) The name and address of the applicant;

(3) A brief description of the applicant's activities or operations which result in asbestos or lead hazards, or other activity described in the variance application;

(4) A short description of the location of each asbestos or lead-based paint hazard indicating whether the hazard is new or existing;

(5) A brief description of the public participation procedures, including the comment period, which shall be for a period of not less than thirty days following the date of the public notice, and other means by which interested persons may comment on the variance application and the department's proposed action; and

(6) The address and phone number of the state agency at which interested persons may obtain further information and may inspect a copy of the variance application and supporting and related documents. [L 1998, c 242, pt of §1 and c 311, pt of §18]
Haw. Rev. Stat. § 338-28 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-28
Transmittal of certificates to department.
Status: in_force

Local agents of the department of health shall transmit all certificates filed with them to the department in accordance with regulations of the department.
Haw. Rev. Stat. § 329-74 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-74
Unlawful transport of pseudoephedrine.
Status: in_force

(a) A person commits the offense of unlawful transport of pseudoephedrine if the person transports more than three packages of any product the sale of which is restricted by section 329-75.

(b) For purposes of this section, "transportation" means the transfer of a pseudoephedrine product by a person other than a wholesaler, distributor, or retailer of such product authorized to conduct business as such by the State.

(c) Unlawful transport of pseudoephedrine is a misdemeanor. [L 2005, c 193, pt of §1; am L 2016, c 218, §15]
Haw. Rev. Stat. § 321-173 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-173
Family guidance centers for children and adolescents.
Status: in_force

The division shall implement and administer family guidance centers. The family guidance centers, in conjunction with other public and private agencies, shall develop and provide a network of preventative, early identification, screening, diagnostic, treatment, and rehabilitative services for children and adolescents based on the needs of each county in which the family guidance center is located. The division shall cooperate with and promote the coordination of the activities of local public and private agencies servicing children and adolescents in their county or the closest county that has resources and services that meet the client's needs.
Haw. Rev. Stat. § 322-25 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-25
Appeal.
Status: in_force

During the period of twenty days, or such further time in special cases as is specified in the notice given pursuant to section 322-23, any owner or occupant of land sought to be improved, the owner's or occupant's attorney or agent, may file an appeal from the decision of the department of health condemning the land as deleterious to the public health or from its decision or the order of the comptroller as to the nature and extent of the improvements to be made, including the size, character, and location of any drains or ditches, and within twenty days after written demand by the comptroller on the owner or occupant of any land in a drainage district improved by drainage under this chapter, for the payment of the cost of any such drainage, the owner or occupant, the owner's or occupant's attorney or agent, may file an appeal from the order of the comptroller apportioning the cost of the drainage to be borne by the owner's or occupant's land. All appeals shall be filed with the comptroller, and the comptroller shall transmit them to the circuit court of the circuit wherein the land is situated.
Haw. Rev. Stat. § 323F-23 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-23
Exemption from taxation.
Status: in_force

The corporation and each regional system board shall be exempt from paying any:

(1) Assessments levied by any county; and

(2) State taxes of any kind. [L 1996, c 262, pt of §2; am L 2007, c 290, §32]
Haw. Rev. Stat. § 328-25 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-25
Director's right to inspect, require recordkeeping, demand records, seize, and conduct hearings.
Status: in_force

(a) The director of health or any of the director's agents may in the performance of their duties:

(1) Enter at all reasonable hours into any creamery, factory, restaurant, store, salesroom, storage room, drug store, or laboratory, or any place where they have probable cause to believe that food, drugs, devices, cosmetics, or consumer commodity as defined by this part are made, prepared, sold, or kept, exhibited or offered for sale, and open any cask, tub, bottle, case, or package containing or supposed to contain any such food, drug, device, cosmetic, or consumer commodity, and examine or cause to be examined the contents thereof;

(2) Adopt rules pursuant to chapter 91 requiring a person to keep records relating to the manufacture, distribution, or sale of food, drugs, devices, cosmetics, or consumer commodity; and

(3) Demand a person to provide records or copies of records relating to the manufacture, distribution, or sale of food, drugs, devices, cosmetics, or consumer commodity which the director has probable cause to believe is adulterated or misbranded; provided that no confidential information concerning secret processes or methods of manufacture secured pursuant to this section by any person who is an official or employee of the department of health within the scope and course of the person's employment shall be disclosed by the person except as it relates directly to the adulteration or misbranding of a commodity, and then, only in connection with the person's official duties and within the scope and course of the person's employment. Any officer, employee or agent of the department acquiring confidential information concerning secret processes or methods of manufacture who divulges information except as authorized in this section or as ordered by a court or at an administrative hearing regarding an alleged adulteration or misbranding or of any rule or regulation or standard adopted pursuant to this part shall be guilty of a misdemeanor.

(b) If any food, drug, device, cosmetic, or consumer commodity is found to be adulterated or misbranded within the meaning of this part and the owner or person in charge thereof refuses to comply with the instructions of the director or any of the director's agents for the proper disposal thereof, the food, drug, device, cosmetic, or consumer commodity shall be liable to seizure. The director or any of the director's agents shall affix to the article or articles a tag or other appropriate marking, giving notice that the article is, or is suspected of, being adulterated or misbranded, and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the director or any of the director's agents or by the court or judge having jurisdiction over such matters. Upon the request of the director or any of the director's agents, made to such court, the court shall order and direct that the food, drug, device, cosmetic, or consumer commodity be seized and delivered into the custody of the court, and the same shall be held in such custody until a hearing has been held to determine whether or not it is adulterated or misbranded. [L 1941, c 318, pt of §22; RL 1945, §2226; RL 1955, §51-26; am L Sp 1959 2d, c 1, §19; HRS §328-25; am L 1972, c 151, §14; am L 1983, c 148, §1; am L 1984, c 12, §3; gen ch 1985]
Haw. Rev. Stat. § 342B-18 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-18
Annual reports to neighboring communities.
Status: in_force

(a) Every owner or operator of a major source within Campbell Industrial Park or Kahe Valley or every owner or operator of a geothermal facility that emits criteria air pollutants in excess of one hundred tons per year shall submit an annual report to the department within sixty days of the beginning of each year, which shall describe the following:

(1) The type and quantity of criteria pollutants emitted by the facility during the previous year;

(2) A description of controls, operating procedures, or other measures being used by the owner or operator to control emissions of these criteria pollutants.

(b) The department shall review and evaluate the information submitted under subsection [(a)] and produce a report. The department shall include the following information in the reports:

(1) A summary of the ambient air quality data collected for each criteria pollutant monitored;

(2) A comparison of the monitoring data collected against state and federal ambient air quality standards;

(3) Impacts of the monitored criteria pollutants' adverse effects on human health and the environment; and

(4) A report on air quality trends over a five-year period.

(c) The department shall distribute the reports described in this section on a monthly basis to adjacent neighborhood boards or community associations, or both. [L 1997, c 146, §7]

Revision Note

Subsection (b) redesignated pursuant to §23G-15(1).
Haw. Rev. Stat. § 323F-9 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-9
Hiring of attorneys.
Status: in_force

The corporation and regional system boards may employ or retain any attorney, by contract or otherwise, for the purpose of representing the corporation or regional system boards in any litigation, rendering legal counsel, or drafting legal documents for the corporation or regional system boards.
Haw. Rev. Stat. § 321-1.1 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.1
Development of environmental goals and objectives.
Status: in_force

[§321-1.1 Development of environmental goals and objectives.] The department of health, with input from the regulated community and general public, shall develop environmental goals and objectives, to be used in the implementation of its programs which shall ensure that the following natural resources are protected: air quality; land; coastal waters; inland waters; and groundwater. It shall also be the goal of the department to organize its environmental protection programs to improve the coordination of environmental planning and oversight; improve the enforcement of environmental laws, rules, and policies; and improve the ability to identify, prevent, and respond to significant releases of pollutants into the environment. The department of health shall ensure that the environmental goals and objectives will remain current by reviewing them every two years, with input from the regulated community and the general public. The department shall report its findings and conclusions following each such review, to the legislature no later than twenty days prior to the convening of the legislative session immediately following the completion of the review.