Haw. Rev. Stat. § 329D-15 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-15
Criminal offense; unauthorized access to retail dispensing location.
Status: in_force

(a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis retail dispensing location unless the individual is:

(1) An individual licensee or registered employee of the dispensary;

(2) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient;

(3) A government employee or official acting in the person's official capacity; or

(4) Previously included on a current department-approved list provided to the department by the licensee of those persons who are allowed into that retail dispensing location for a specific purpose for that retail dispensing location including but not limited to construction, maintenance, repairs, legal counsel, providers of paratransit or other assistive services required by a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient to access a retail dispensing location, or investors; provided that[:]

(A) The person has been individually approved by the department to be included on the list;

(B) The person is at least twenty-one years of age, as verified by a valid government issued identification card;

(C) The department has confirmed that the person has no felony convictions;

(D) The person is escorted by an individual licensee or registered employee of the dispensary at all times while in the retail dispensing location; provided that construction and maintenance personnel who are not normally engaged in the business of cultivating, processing, or selling medical cannabis need not be accompanied on a full-time basis, but shall be reasonably monitored by an individual licensee or registered employee of the dispensary while in areas not containing any cannabis or manufactured cannabis products;

(E) The person is only permitted within those portions of the retail dispensing location as necessary to fulfill the person's purpose for entering;

(F) The person is only permitted within the retail dispensing location during the times and for the duration necessary to fulfill the person's purpose for entering;

(G) The dispensary shall keep an accurate record of each person's first and last name, date and times upon entering and exiting the retail dispensing location, purpose for entering, and the identity of the escort; and

(H) The approved list shall be effective for one year from the date of the department approval;

provided that a member of the general public may enter or remain within the waiting room of a retail dispensing location.

(b) No individual licensee or registered employee of a medical cannabis dispensary with control over or responsibility for a retail dispensing location shall intentionally or knowingly allow another to enter or remain upon the premises of the retail dispensing location, unless the other is permitted to enter and remain as specified in subsection (a), except in an emergency situation to repair infrastructure at a retail dispensing location by a person not on the department-approved list; provided that the repair worker shall be escorted at all times, and the licensee shall notify the department of the use of this individual immediately.

(c) Unauthorized access to a retail dispensing location is a class C felony. [L 2015, c 241, pt of §2; am L 2017, c 41, §9 and c 170, §2; am L 2018, c 116, §19; am L 2023, c 108, §8]
Haw. Rev. Stat. § 324-33 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-33
Legal proceedings; information excluded from.
Status: in_force

Findings, conclusions, or summaries pertaining to any individual resulting from studies within the scope of this part shall not be used against the individual or made available in any legal proceeding without the individual's consent.
Haw. Rev. Stat. § 338-14.3 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-14.3
Verification in lieu of a certified copy.
Status: in_force

(a) Subject to the requirements of section 338-18, the department of health, upon request, shall furnish to any applicant, in lieu of the issuance of a certified copy, a verification of the existence of a certificate and any other information that the applicant provides to be verified relating to the vital event that pertains to the certificate.

(b) A verification shall be considered for all purposes certification that the vital event did occur and that the facts of the event are as stated by the applicant.

(c) Verification may be made in written, electronic, or other form approved by the director of health.

(d) The fee for a verification in lieu of a certified copy shall be a maximum of one half of the fee established in section 338-14.5 for the first certified copy of a certificate issued.

(e) Fees received for verifications in lieu of certified copies shall be remitted, and one half of the fee shall be deposited to the credit of the vital statistics improvement special fund in section 338-14.6 and the remainder of the fee shall be deposited to the credit of the state general fund. [L 2001, c 246, §1; am L 2010, c 55, §1]
Haw. Rev. Stat. § 322-31 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-31
Lien.
Status: in_force

The cost of the improvements made or completed by the comptroller as determined and apportioned pursuant to the provisions of this part shall constitute a lien upon the land improved, which lien shall have priority over all other liens.
Haw. Rev. Stat. § 338-15 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-15
Late or altered certificates.
Status: in_force

A person born in the State may file or amend a certificate after the time prescribed, upon submitting proof as required by rules adopted by the department of health. Certificates registered after the time prescribed for filing by the rules of the department of health shall be registered subject to any evidentiary requirements that the department adopts by rule to substantiate the alleged facts of birth. The department may amend a birth certificate to change or establish the identity of a registrant's parent only pursuant to a court order from a court of appropriate jurisdiction or pursuant to a legal establishment of parenthood pursuant to chapter 584A. Amendments that change or establish the identity of a registrant's parent that are made in accordance with this section shall not be considered corrections of personal records pursuant to chapter 92F.
Haw. Rev. Stat. § 342H-10.5 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-10.5
Disposition of collected fines and penalties.
Status: in_force

Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving fund established by section 128D-2. Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to section 342H-30(c), the fine or penalty shall be distributed as follows:

(1) One half to the department of the county whose officers or employees initiated and conducted the investigation; and

(2) One half to the environmental response revolving fund established in section 128D-2. [L 1991, c 157, §4; am L 1994, c 210, §4]
Haw. Rev. Stat. § 325-103 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-103
Custodian of records.
Status: in_force

No officer or employee of the department of health shall be examined in any civil, criminal, special, or other proceeding as to the existence or content of any individual's records retained by the department pursuant to this part, or as to the existence or contents of such reports received from any private physician or private health facility, without written consent of the affected individual.
Haw. Rev. Stat. § 328J-18 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-18
Placement of cigarettes and tobacco products.
Status: in_force

(a) Except as otherwise provided under this section, a retailer may sell cigarettes, smokeless tobacco, and all other tobacco products only in a direct, face-to-face exchange between the retailer and the consumer. Examples of methods of sale that are not permitted include vending machines and self-service displays.

(b) A retailer may only display or store cigarettes and tobacco products:

(1) Behind a sales counter or in any other area of the establishment that is inaccessible to the public; or

(2) In a locked container.

(c) This section shall not apply to:

(1) A duty-free sales enterprise selling duty-free merchandise in accordance with the provisions of title 19 United States Code section 1555(b), and any implementing regulations; and

(2) Retail tobacco stores, bars, or any other establishment for which the minimum age for admission is eighteen. [L 2013, c 227, §3; am L 2018, c 206, §7]
Haw. Rev. Stat. § 321-532 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-532
Stroke system of care; department duties.
Status: in_force

(a) The department shall participate in a systematic process to evaluate, improve, and sustain stroke care throughout the State to reduce death and disability from stroke. The stroke system of care shall include:

(1) The requirement that hospitals meet specific stroke patient treatment capabilities that will ensure that stroke patients receive safe and effective care;

(2) The coordination with the State's emergency medical services system to ensure that stroke patients are quickly identified, transported to, and treated in facilities that have specialized programs for providing timely and effective treatment for stroke patients to improve outcomes; and

(3) The continuation of a statewide stroke coalition to provide a mechanism to evaluate and improve stroke care in the State.

(b) The department shall participate in the stroke coalition to:

(1) Provide agreed upon state level reports of de-identified and aggregated data to the stroke coalition, government agencies, hospitals, researchers, and other interested parties that have a role in improving stroke care;

(2) Analyze data generated by the stroke database to identify potential interventions to improve stroke response and treatment;

(3) Identify issues related to early identification, triage, treatment, and transport of possible acute stroke patients;

(4) Encourage sharing of information and data among health care providers on ways to improve the quality of care of stroke patients in the State; and

(5) Develop and implement strategies to improve stroke early identification and treatment, including identifying specific hospital capabilities to receive, treat, and transfer stroke patients. [L 2015, c 211, pt of §2]
Haw. Rev. Stat. § 342D-81 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-81
Declaration of policy.
Status: in_force

The State's policy is to promote water pollution prevention and control, including the use of recycled water, by financing eligible projects of eligible parties consistent with applicable federal and state laws. The State intends the financing to occur through a revolving fund loan program that makes loans to eligible parties at or below market rates and a leveraging program that uses revenue bonds and revolving fund loan programs together in a coordinated manner that does not cause the state debt ceiling to be exceeded.
Haw. Rev. Stat. § 321-542 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-542
Definitions.
Status: in_force

As used in this part:

"Consumer" means a health care facility, health care professional, or health care provider, as defined in section 432E-1, or any individual who is prescribed durable medical equipment as the result of medical necessity.

"Department" means the department of health.

"Durable medical equipment" means equipment that is considered a selected product under the Centers for Medicare and Medicaid Services durable medical equipment, prosthetics, orthotics, and supplies competitive bidding program that can stand repeated use; is primarily and customarily used to serve a medical purpose; is generally not useful to a person in the absence of an illness or injury; is appropriate for use in the home; does not contain any prescription drug; and is not considered to be a specialty item, equipment, or service.

"Durable medical equipment supplier" means a person who sells, dispenses, delivers, or services durable medical equipment. [L 2016, c 137, pt of §2]
Haw. Rev. Stat. § 329-123 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-123
Registration requirements; qualifying patients; primary caregivers.
Status: in_force

(a) Physicians or advanced practice registered nurses who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient. A written certification issued pursuant to this subsection shall originate from within the State. The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient. The form shall require information from the applicant, primary caregiver, and physician or advanced practice registered nurse as specifically required or permitted by this chapter. The form shall require the address of the location where the cannabis is grown and shall appear on the registry card issued by the department of health. The certifying physician or advanced practice registered nurse shall be required to have a bona fide physician-patient relationship or bona fide advanced practice registered nurse-patient relationship, as applicable, with the qualifying patient; provided that nothing under this part shall require that the bona fide physician-patient relationship or bona fide advanced practice registered nurse-patient relationship be established by conducting an initial in-person consultation. Any fees assessed by a certifying physician or advanced practice registered nurse to issue a written certification pursuant to this subsection shall not exceed an amount equal to three times the amount of the fee charged by the department of health to issue a registration certificate pursuant to subsection (b). All current active medical cannabis permits shall be honored through their expiration date.

(b) Qualifying patients shall register with the department of health. The registration shall be effective until the expiration of the certificate issued by the department of health and signed by the physician or advanced practice registered nurse. Every qualifying patient shall provide sufficient identifying information to establish the personal identities of the qualifying patient and the primary caregiver. Qualifying patients shall report changes in information within ten working days. Every qualifying patient shall have only one primary caregiver at any given time. The department of health shall issue to the qualifying patient a registration certificate and may charge a fee for the certificate in an amount adopted by rules pursuant to chapter 91.

(c) Primary caregivers shall register with the department of health. Each primary caregiver shall be responsible for the care of not more than five qualifying patients at any given time. The department of health may permit registration of up to two primary caregivers for a minor qualifying patient; provided that both primary caregivers are the parent, guardian, or person having legal custody of the minor qualifying patient.

(d) Upon inquiry by a law enforcement agency, which inquiry may be made twenty-four hours a day, seven days a week, the department of health shall immediately verify whether the subject of the inquiry has registered with the department of health and may provide reasonable access to the registry information for official law enforcement purposes.

(e) This section shall not apply to registration of a qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient. [L 2000, c 228, pt of §2; am L 2011, c 73, §6; am L 2013, c 178, §4; am L 2015, c 241, §8; am L 2016, c 230, §9; am L 2017, c 170, §2; am L 2018, c 116, §6; am L 2021, c 169, §2; am L 2025, c 46, §3 and c 241, §5]
Haw. Rev. Stat. § 342G-102 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-102
Deposit beverage container fee.
Status: in_force

(a) Beginning on October 1, 2002, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each polyethylene terephthalate, high density polyethylene, or metal deposit beverage container manufactured in or imported into the State. The fee shall be imposed only once on the same deposit beverage container. The fee shall be 0.5 cents per deposit beverage container.

(b) Beginning on October 1, 2004, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each deposit beverage container manufactured in or imported into the State. The deposit beverage container fee shall not apply to deposit beverage containers exported for sale outside of the State. The fee shall be imposed only once on the same deposit beverage container. The fee shall be 1 cent per deposit beverage container.

(c) No county shall impose or collect any assessment or fee on deposit beverage containers for the same or similar purpose that is the subject of this chapter.

(d) Beginning January 1, 2005, and every August 1 thereafter, the department shall notify deposit beverage distributors in writing of the amount of the deposit beverage container fee. The effective date of changes to the fee amount shall be September 1. The fee shall be based on the redemption rate calculated annually based on the redemption rate information submitted to the department for the previous period of July 1 through June 30. The fee amount shall be as follows:

(1) If the redemption rate is seventy per cent or less: 1 cent per container; and

(2) If the redemption rate is greater than seventy per cent: 1.5 cents per container.

(e) The director may temporarily suspend an automatic increase of the deposit beverage container fee if, after consultation with the auditor, it is determined that the deposit beverage container deposit special fund contains sufficient funds for the purposes of section 342G-104(b). [L 2002, c 176, pt of §2; am L 2004, c 241, §3; am L 2007, c 285, §3]
Haw. Rev. Stat. § 339D-9 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-9
Administrative penalties; fees.
Status: in_force

(a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter for a violation thereof, the department is authorized to impose by order administrative penalties and is further authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or to bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs.

(b) Notwithstanding subsection (a), the department shall not have the authority to assess any fees, including an advanced recycling fee, registration fee, or other fee, on consumers, manufacturers, or retailers for recovery of electronic devices except those noted in section 339D-22. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §13; am L 2011, c 43, §8; am L 2022, c 151, §6]
Haw. Rev. Stat. § 328-115 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-115
Inspection.
Status: in_force

Wholesale distributors shall permit agents of the department, agents of the department of commerce and consumer affairs, and authorized federal, state, or local law enforcement officials to enter and inspect their premises and delivery vehicles, and to audit their records, written operating procedures, and lists of responsible persons, at reasonable times and in a reasonable manner, to the extent authorized by law.
Haw. Rev. Stat. § 329-2 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-2
Hawaii advisory commission on drug abuse and controlled substances; number; appointment.
Status: in_force

There shall be established a state advisory commission on drug abuse and controlled substances consisting of not more than fifteen nor less than nine members appointed by the governor, as provided in section 26-34. The members shall be selected on the basis of their ability to contribute to the solution of problems arising from the abuse of controlled substances, and to the extent possible, shall represent the pharmacological, medical, community and business affairs, youth action, educational, legal defense, enforcement, and corrections segments of the community. One of the appointed members shall be a member of the state council on mental health established by section 334-10, and shall be knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse. The commission shall elect a chairperson from among its members. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings of the commission. The commission shall be a part of the department of health for administrative purposes; provided that the department of health shall appoint an ex-officio non-voting representative to the commission who shall regularly attend meetings of both this commission and the state council on mental health, and make regular reports to both bodies.
Haw. Rev. Stat. § 342J-6 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-6
Furnishing of information and entry and inspection of premises.
Status: in_force

(a) For purposes of enforcing the provisions of this chapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous waste shall, upon request of any duly authorized representative of the director, furnish information relating to such wastes and permit such representative at all reasonable times to have access to, and to copy all records relating to such wastes.

(b) For purposes of enforcing the provisions of this chapter the authorized representative may:

(1) Enter at reasonable times any establishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from;

(2) Inspect and obtain samples of any such wastes and samples of any containers or labeling for such wastes; and

(3) Obtain any other information for purposes of determining compliance with the provisions of this chapter, including financial information.

Each such inspection shall be commenced and completed with reasonable promptness. [L 1989, c 212, pt of §5; am L 1991, c 259, §7]
Haw. Rev. Stat. § 342H-3 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-3
Duties; rules; appointment of hearings officers.
Status: in_force

(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate solid waste pollution in the State. In the discharge of this duty, the director may make, amend, and repeal state rules controlling and prohibiting solid waste. All rules shall be adopted pursuant to chapter 91. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.

(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 §4; am L 2000, c 253, §150]
Haw. Rev. Stat. § 321-236 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-236
Emergency medical services; use of latex gloves prohibited.
Status: in_force

The use of latex gloves by personnel providing ambulance services or emergency medical services statewide pursuant to this part and part XI of chapter 46 shall be prohibited.
Haw. Rev. Stat. § 342L-6 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-6
Variances; procedures for.
Status: in_force

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

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

(c) Whenever an application is approved, the department shall issue a variance authorizing the installation or operation of an underground storage tank or tank system in a manner deviating from full compliance with applicable standards. No variance shall be granted by the department unless the application and the supporting information clearly show that:

(1) The installation or operation of an underground storage tank or tank system occurring or proposed to occur by the granting of the variance does not present a greater danger to human health or the environment than the installation or operation of what would have been allowed by the federal rules established under Subtitle I of the federal Resource Conservation and Recovery Act, as added by the federal Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. §§6991-6991i;

(2) The installation or operation of an underground storage tank or tank system occurring or proposed to occur does not imminently and substantially endanger human health or the environment or the public's safety; and

(3) Compliance with the rules or standards from which variance is sought would produce serious financial hardship to the owner and operator.

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

(1) If the variance is granted on the ground that there is no practicable means known or available for the adequate storage of the regulated substance involved, it shall be only until the necessary means for storage becomes practicable and subject to the taking of any substitute or alternate measures that the department may prescribe. No renewal of a variance granted under this subsection shall be allowed without a thorough review of known and available means of storing the regulated substance involved.

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

(3) Every variance granted under this section shall include conditions requiring the owner and operator to monitor for releases and report the results to the department.

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

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

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

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

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

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

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

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

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

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

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

(B) Name and address of each applicant and other involved parties including the landowner, facility owner, underground storage tank or tank system owner, facility operator, and underground storage tank or tank system operator;

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

(D) A short description of the location of each underground storage tank or tank system;

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

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

(4) The director may hold a public hearing if, after reviewing the comments submitted under paragraph (2), the director determines that a public hearing is warranted. Any hearing brought pursuant to this subsection shall be held in the geographical area of the proposed activity, or other appropriate area, at the discretion of the director. [L 1989, c 212, pt of §6; am L 1992, c 259, §§7, 8; am L 1998, c 2, §92]
Haw. Rev. Stat. § 342G-12.5 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-12.5
Recycling coordinator.
Status: in_force

There is established a position of assistant to the coordinator of the office of solid waste management to be known as the recycling coordinator. The position may be appointed by the director in accordance with chapter 76.
Haw. Rev. Stat. § 324-14 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-14
Penalty.
Status: in_force

Any person violating this part shall be guilty of a misdemeanor and fined not more than $500.
Haw. Rev. Stat. § 338-25.5 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-25.5
Disinterment of human bodies.
Status: in_force

(a) No corpse, nor the remains of any dead human body, exclusive of ashes, shall be exposed, disturbed, or removed from its place of burial, nor shall the receptacle, container, or coffin holding the remains or corpse be opened, removed, or disturbed after due interment, except upon written application made to the director of health for a permit therefor and upon the issuance and according to the terms of a permit granted therefor by the director. After any removal or disturbance the grave shall be filled at once and restored to its former condition. A cemetery authority with a current and active license with the department of commerce and consumer affairs may disinter and reinter a corpse or remains within that same cemetery without filing an application for a permit from the department of health if the cemetery authority has written authorization from the majority of the next-of-kin of the person whose corpse or remains is disinterred, as determined by the priority of succession order required by section 531B-4; provided that this exception shall not apply to disinterment of a corpse or remains for transfer off of the cemetery property to another physical address. The cemetery authority may require a licensed embalmer to be available during the disinterment in the event that human remains may be exposed.

For the purposes of this subsection, "cemetery," "cemetery authority," and "cemetery property" have the same meaning as provided in section 441-1.

(b) Notwithstanding the provisions of subsection (a), the department of land and natural resources pursuant to sections 6E-43 and 6E-43.6 may authorize exposure, removal, disinterment, or any other act without obtaining a permit from the department of health. [L 1921, c 111, §1; RL 1925, §4493; RL 1935, §5800; am L 1937, c 195, §1; RL 1945, §11200; RL 1955, §276-1; am L Sp 1959 2d, c 1, §19; HRS §734-1; ren L 1972, c 9, pt of §1; am L 1990, c 306, §14; am L 2019, c 198, §1]
Haw. Rev. Stat. § 342J-18 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-18
Enforcement by state and county authorities.
Status: in_force

All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department.
Haw. Rev. Stat. § 321-29.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-29.5
[ §321-29.
Status: in_force

[ §321-29.5] Testing laboratory; diseases; air and water quality. (a) The department shall:

(1) Establish and operate a laboratory capable of:

(A) Testing for diseases;

(B) Testing for air and water quality issues; and

(C) Conducting other high complexity testing; and

(2) Ensure that the testing laboratory complies with all applicable standards enumerated in the Clinical Laboratories Improvement Amendments of 1988, title 42 United States Code section 263a.

(b) The department may obtain and expend federal moneys for the operation of the testing laboratory established pursuant to this section. [L 2022, c 121, §1]
Haw. Rev. Stat. § 340B-2 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-2
Classification.
Status: in_force

The board shall classify all wastewater treatment plants. Cesspool and septic tank facilities connected to an individual household shall be exempt from classification. Industrial facilities for treatment of process water from oil refineries and sugar mills shall be exempt from classification provided such waste streams contain no domestic component and further provided that they do not discharge to a municipal collection, treatment, or disposal system. Application for exemption from classification of other industrial wastewater treatment facilities may be made to the director. In classifying or exempting from classification wastewater treatment, the board shall consider the applicable provisions in chapter 38 of the department of health regulations regarding wastewater treatment facilities and any rules and regulations of the department of health pertaining to the control of underground injection of wastewater. The classification shall take due regard to size and type, character of wastewater to be treated, other physical conditions affecting such wastewater treatment plants, and the skill, knowledge and experience required of an operator.
Haw. Rev. Stat. § 342I-30 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-30
Recovery of costs.
Status: in_force

(a) Any costs incurred and payable from the fund as a result of tire cleanups and associated environmental assessments and remediation shall be recovered by the attorney general, upon the request of the department, from the liable person or persons. The amount of any cost that may be recovered pursuant to this section for a tire cleanup and associated assessment and remedial action paid from the fund shall include the amount paid from the fund and legal interest.

(b) Moneys recovered by the attorney general pursuant to this section shall be deposited to the special account of the environmental management special fund.

(c) Any action for recovery of response costs shall commence within two years after the date of completion of all response actions. [L 2000, c 173, pt of §1]
Haw. Rev. Stat. § 321-314 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-314
Reports to the department.
Status: in_force

Any health care professional who has the primary responsibility for the treatment of an individual who is suffering from environmentally-related illness or injury shall report the occurrence or suspected occurrence of such illness or injury to the department in writing or in the manner specified by the director of health. Every laboratory director having laboratory data regarding an individual affected by or suspected to be affected by a toxic substance determined by the director of health to present a threat to public health shall report such data to the department of health in a manner specified by the director. Forms for the reporting of environmentally-related illness or injury shall be provided by the department.
Haw. Rev. Stat. § 328-49 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-49
What fish and when same may be put in cold storage for future sale.
Status: in_force

All catches of the following food fishes, such as weke, ahuluhulu, kumu, uhu, opelu, oama, manini, moi, amaama, papiopio, ulua, awa, akule, oio, nehu, maomao, iao, omaka, lauhau, laenihi, puhikii, akilolo, hahalalu, iheihe, opae, piha, laipala, aholehole, uiui, malolo, kole, paoo, puhi, auau, ohua aliko, ohua palemo, alaihi, upapalu, uu, ahaaha, puili, alalauwa, aweoweo, maikoiko, kala, aloiloi, maiii, aalaheo, pakii, oopu nopili, oopu nakea, mamamo, oopukai, hinalea, hinana, goldfish, catfish, and mudfish, and all other smaller fishes of any species caught after twelve o'clock noon of any calendar day, shall be marketed as soon as brought to shore. Any fishes which cannot be marketed or which remain unsold in the market at the close of the market in the evening may be placed in cold storage or ice house for future sale; provided that no fishes shall be so placed in cold storage which have been caught more than twelve hours, unless the fishes were artificially chilled as soon as caught, or which have been bruised, torn or otherwise rendered liable to spoil.
Haw. Rev. Stat. § 339-11 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-11
Transfer of authority and responsibility.
Status: in_force

The governor may, at the governor's discretion, transfer the authority and responsibility for implementing the provisions of this chapter to any appropriate state agency or office. [L Sp 1977 1st, c 2, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 343-3 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-3
Public records and notice.
Status: in_force

(a) All statements, environmental assessments, and other documents prepared under this chapter shall be made available for inspection by the public during established office hours.

(b) The office shall inform the public of notices filed by agencies of the availability of environmental assessments for review and comments, of determinations that statements are required or not required, of the availability of statements for review and comments, and of the acceptance or nonacceptance of statements.

(c) The office shall inform the public of:

(1) A public comment process or public hearing if a federal agency provides for the public comment process or public hearing to process a habitat conservation plan, safe harbor agreement, or incidental take license pursuant to the federal Endangered Species Act;

(2) A proposed habitat conservation plan or proposed safe harbor agreement, and availability for inspection of the proposed agreement, plan, and application to enter into a planning process for the preparation and implementation of the habitat conservation plan for public review and comment;

(3) A proposed incidental take license as part of a habitat conservation plan or safe harbor agreement; and

(4) An application for the registration of land by accretion pursuant to section 501-33 or 669-1(e) for any land accreted along the ocean.

(d) The office shall inform the public by the publication of a periodic bulletin to be available to persons requesting this information. The bulletin shall be available through the office and public libraries. [L 1974, c 246, pt of §1; ren L 1979, c 197, §1(3); am L 1983, c 140, §6; am L 1992, c 241, §1; am L 1997, c 380, §8; am L 1998, c 237, §7; am L 2003, c 73, §3]
Haw. Rev. Stat. § 326-24 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-24
Rules.
Status: in_force

The director of health may adopt rules pursuant to chapter 91 necessary for the conduct of all matters pertaining to Hansen's disease, the treatment and care thereof, and other services provided to persons affected with Hansen's disease, and the full and complete governance of the county of Kalawao, except as limited by this chapter.
Haw. Rev. Stat. § 321-547 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-547
Severability.
Status: in_force

If any provision in this part or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or application of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.
Haw. Rev. Stat. § 342D-102 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-102
Prohibited discharges; limitations on discharges.
Status: in_force

(a) Except as provided in subsection (g), a person may not discharge untreated sewage from a commercial passenger vessel into the marine waters of the State.

(b) Except as provided in subsection (g) or section 342D‑111, a person shall not discharge wastewater from a commercial passenger vessel into the marine waters of the State that has suspended solids greater than one hundred milligrams per liter or a fecal coliform count greater than forty colonies per one hundred milliliters except that the department, by rule, may adopt a protocol for retesting for fecal coliform, if this discharge limit for fecal coliform is exceeded, under which a discharger will be considered to be in compliance with the fecal coliform limit if the geometric mean of fecal coliform count in the samples considered under the protocol does not exceed forty colonies per one hundred milliliters. Upon submission by the owner or operator of a large commercial passenger vessel of a plan for interim protective measures, the department shall extend the time for compliance of that vessel with this subsection for a period of time that ends not later than December 31, 2006. Upon submission by the owner or operator of a small commercial passenger vessel of a plan for interim protective measures, the department shall extend the time for compliance of that vessel with this subsection.

(c) The department, by rule, may establish numeric or narrative standards for other parameters for wastewater discharged from commercial passenger vessels that are more stringent than the effluent limitation standards and processing requirements of the Federal Water Pollution Control Act, as amended, and regulations adopted under the same. In adopting rules under this subsection, the department shall consider the best available scientific information on the environmental effects of the regulated discharges, the materials and substances handled on the vessels, vessel movement effects, and the availability of new technologies for wastewater.

(d) Except as provided in subsections (f) and (g) or section 342D-111, a person shall not discharge wastewater from a large commercial passenger vessel into the marine waters of the State unless:

(1) The vessel is underway and proceeding at a speed of not less than six knots;

(2) The vessel is at least one nautical mile from the nearest shore, except in areas designated by the department;

(3) The discharge complies with all applicable vessel effluent standards established under federal and state law; provided that the standards established under federal law may be adopted by rule by the department; and

(4) The vessel is not in an area where the discharge of wastewater is prohibited.

(e) Except as provided in subsection (g) or section 342D‑111, a person may not discharge sewage from a small commercial passenger vessel unless the sewage has been processed through a properly operated and properly maintained marine sanitation device.

(f) Subsection (d)(1) and (2) do not apply to a discharge permitted under federal law.

(g) Subsections (a) to (e) do not apply to discharges made for the purpose of securing the safety of the commercial passenger vessel or saving life at sea if all reasonable precautions have been taken for the purpose of preventing or minimizing the discharge. [L 2005, c 217, pt of §1]
Haw. Rev. Stat. § 321-357 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-357
Early intervention special fund; purpose and use.
Status: in_force

(a) The purpose of the early intervention special fund is to expand and enhance early intervention services for infants and toddlers with special needs by providing a cooperative funding mechanism between the public and private sectors to work together to make and secure appropriations and donations to the fund.

(b) The department may procure services under chapters 103D and 103F in accordance with criteria and procedures established by rules adopted pursuant to chapter 91, for community-based, family-centered, early intervention services including but not limited to:

(1) Programs to provide early intervention services for infants and toddlers with developmental delays or at biological or environmental risk;

(2) Family support programs to strengthen families to reduce the risk of child abuse and neglect;

(3) Training and education for professionals, paraprofessionals, and families; and

(4) Research, evaluation, and data management related to early intervention services.

(c) Services to be procured under this section shall be in accordance with chapters 103D and 103F and take the following forms:

(1) Purchase of service contracts to private nonprofit organizations, public agencies, or qualified individuals to provide community-based, family-centered, early intervention services; or

(2) Direct payments for services, educational materials, training, quality assurance, equipment, data collection, and program evaluation.

(d) The Hawaii early intervention coordinating council shall make recommendations to the department for the expenditure of moneys from the early intervention special fund. [L 1997, c 378, pt of §2; am L 1998, c 43, pt of §1(1); am L 2016, c 43, §3]
Haw. Rev. Stat. § 342F-9 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-9
Penalties.
Status: in_force

(a) Violation of the vehicular noise control rules adopted by the department pursuant to this chapter shall constitute a violation as defined in section 701-107 and shall be enforceable by police officers. The fine for this violation shall be not less than $25 nor more than $2,500 for each separate offense. Each day of violation shall constitute a separate offense.

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

(c) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building, place, or vehicle that the officer or employee is authorized to enter and inspect shall be fined not more than $500. Any action taken in environmental court to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1989, c 212, pt of §3; am L 1991, c 157, §14; am L 1995, c 180, §17; am L 2014, c 218, §8]
Haw. Rev. Stat. § 321-354 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-354
Rules.
Status: in_force

The director, in consultation with the council, private agencies, users of services under this part, and other interested parties, may adopt rules pursuant to chapter 91 to carry out the purposes of this part.
Haw. Rev. Stat. § 323F-53 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-53
Approvals required.
Status: in_force

Any documents associated with the transfer of a Maui regional facility or facilities under this part shall be subject to review by the attorney general and the director of finance in their capacity to advise the governor.
Haw. Rev. Stat. § 342G-44 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-44
Double-sided copying.
Status: in_force

Double-sided copying shall be standard operating practice for all state and county agencies, offices, and facilities, as available and appropriate. To increase double-sided copying, each agency in coordination with the department of accounting and general services, each appropriate county entity, and the office, shall establish a schedule for the replacement of single-sided copying machines with double-sided copying machines for all high volume and other targeted machines that may be identified through the conduct of waste evaluations.
Haw. Rev. Stat. § 342B-46 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-46
Appeal.
Status: in_force

If any party is aggrieved by a decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction.
Haw. Rev. Stat. § 329-36 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-36
Records of registrants.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] Persons registered to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the department of public safety issues.

§329-36 Records of registrants. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] Persons registered to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the department of law enforcement issues. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §10 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 321-4.3 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-4.3
Epidemiologists.
Status: in_force

The department of health may establish permanent or temporary exempt positions known as epidemiologists for the purpose of investigating diseases and injuries which threaten the public health and safety. The positions shall be appointed by the director without regard to chapter 76.
Haw. Rev. Stat. § 342B-12 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-12
Specific powers of the director.
Status: in_force

The director may:

(1) Establish ambient air quality standards for the State as a whole or for any part thereof;

(2) Establish and administer any permit program;

(3) Establish by rule the control of open burning, fugitive dust, and visible emissions;

(4) Establish by rule the control of vehicular smoke emission and require the installation, use, and proper operation and maintenance of air pollution control equipment for motor vehicles;

(5) Establish and administer a program of inspection and testing of all modes of transportation except aircraft, to enforce compliance with applicable emission limitations when necessary and practicable, and to control or limit the operation of motor vehicular and other modes of transportation when the director finds pursuant to standards established by rules such modes of transportation are producing or pose an immediate danger of producing unacceptable levels of air pollution or when such control is necessary to meet applicable ambient air quality standards;

(6) Establish by rule other specific areas for control of air pollution, thereby allowing for varying conditions;

(7) Establish standards of performance or rules for existing, new, or modified stationary sources or adopt standards of performance for existing, new, or modified stationary sources as promulgated by the administrator;

(8) Establish maximum achievable control technology standards or rules for the control of hazardous air pollutants from existing, new, or modified sources or adopt maximum achievable control technology as promulgated by the administrator;

(9) Establish rules for the prevention of significant deterioration of air quality or adopt prevention of significant deterioration regulations as promulgated by the administrator; and

(10) Establish rules allowing for environmental permit shields. [L 1992, c 240, pt of §1; am L 1994, c 268, §1]
Haw. Rev. Stat. § 329-57 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-57
Judicial review.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] All final determinations, findings and conclusions of the department of public safety under this chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to chapter 91. Findings of fact by the department of public safety, if supported by substantial evidence, are conclusive.

§329-57 Judicial review. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] All final determinations, findings and conclusions of the department of law enforcement under this chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to chapter 91. Findings of fact by the department of law enforcement, if supported by substantial evidence, are conclusive. [L 1972, c 10, pt of §1; am L 1990, c 281, §10 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 327-32 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-32
Administration; duties of health officers.
Status: in_force

Every head officer of a hospital, nursing home, correctional facility, funeral parlor, or mortuary and every county medical examiner or coroner and every state or county officer, and every other person who has possession, charge, or control of any unclaimed dead human body that may undergo cremation as defined in section 531B-2 at public expense pursuant to section 346-15 shall:

(1) Exercise due diligence to notify the relatives and friends of the decedent, any representative of a fraternal society of which the deceased was a member, and any legally responsible party; and

(2) Submit in writing to the department of human services a description of the efforts used in making the determination that the dead human body is unclaimed in accordance with section 346-15, if payment for cremation is sought.

Nothing in this section shall be construed to affect the requirements relating to the filing of a certificate of death with the department of health pursuant to chapter 338. [L 1967, c 240, pt of §1; HRS §327-32; am L 2012, c 75, §3; am L 2022, c 294, §3]
Haw. Rev. Stat. § 333F-21 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-21
Provision of services; family and caregiver support.
Status: in_force

The director within the limits of state and federal resources allocated or available for the purposes of this chapter shall provide any services that may be necessary to maintain and enhance care giving in community-based homes for persons with developmental disabilities. For the purposes of this section, "family and caregiver support" means a flexible and varied network of support which does not supplant community resources, and which is capable of providing for the individual families caring for persons with developmental disabilities. These services may include:

(1) In-home and out-of-home respite services for families and care providers;

(2) The purchase of adaptive equipment such as bath chairs and special positioning chairs not covered by health insurance or other resources;

(3) Counseling services for families of care providers concerning stresses and feelings about caring for persons with developmental disabilities;

(4) Special supply purchases such as diapers and special clothing required by persons with developmental disabilities;

(5) Homemaker and chore services;

(6) Transportation services not available through existing resources in the community;

(7) Specialized therapy services for persons with developmental disabilities not available through insurance, medicaid, or other resources;

(8) Case management to help families and care providers coordinate and access services available to persons with developmental disabilities; and

(9) Provision, without regard to chapter 42F or chapter 103F, of modifications to dwelling units to enable persons with developmental disabilities with sensory limitation or mobility problems to reside in community homes which require adaptive and safety alterations such as the installation of ramps and porch lifts, bars and hand rails, widening of doorways, removal of other architectural barriers, and the enlargement of bath facilities to allow the movement and ensure the safety of the person with developmental disabilities; provided that:

(A) There shall be an agreement between the care provider and the department to ensure continued care in the home where the modification is provided; and

(B) Modification costs shall be limited to the amount of funds appropriated for the program for any individual client. [L 1990, c 324, §2; am L 1991, c 335, §10; am L 1995, c 189, §12; am L 1997, c 190, §6]
Haw. Rev. Stat. § 321-327 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-327
Hawaii home visiting program; established.
Status: in_force

(a) There is established within the department of health the Hawaii home visiting program, which shall be responsible for statewide hospital-based screening and home visiting services to identify families of newborns at risk for poor health and safety outcomes, including child abuse and neglect, to promote healthy child development and strengthen families.

(b) Within the limits of available funds, the hospital-based screening and home visiting services program shall:

(1) Provide proactive, universal screening of newborns' families, using one or more screening tools validated for identifying levels of risk for poor health and safety outcomes and child abuse and neglect as designated by the department of health;

(2) Refer high-risk families to Hawaii home visiting program providers who shall employ evidence-based models of service; and

(3) Consider as a high priority, families at risk for poor health outcomes, child abuse, or neglect. [L 2013, c 91, §2]
Haw. Rev. Stat. § 342L-34 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-34
Reporting of releases.
Status: in_force

The department, pursuant to chapter 91, shall adopt requirements for reporting suspected or confirmed releases and action taken in response to a suspected or confirmed release from an underground storage tank or tank system.
Haw. Rev. Stat. § 340E-32 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-32
Declaration of policy.
Status: in_force

The State's policy is to protect and improve drinking water quality by financing eligible projects consistent with applicable federal and state laws.
Haw. Rev. Stat. § 339D-12 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-12
Federal preemption.
Status: repealed

Part IV of this chapter shall be deemed repealed if a federal law or a combination of federal laws takes effect that establishes a national program for the recycling of electronic devices that substantially meets the intent of part IV of this chapter. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §15; am L 2022, c 151, §8]
Haw. Rev. Stat. § 342J-10.6 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-10.6
Guarantors.
Status: in_force

(a) In a case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any [environmental court] cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this chapter or rules adopted pursuant to this chapter may be asserted directly against the guarantor providing evidence of financial responsibility. In the case of any action pursuant to this section, the guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.

(b) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this chapter or rules adopted pursuant to this chapter. Nothing in this section shall be construed to limit any other statutory, contractual or common law liability of a guarantor to its owner or operator including, but not limited to, the liability of the guarantor for bad faith either in negotiations or in failing to negotiate the settlement of any claim. Nothing in this section shall be construed to diminish the liability of any person under chapter 128D or other applicable law.

(c) For the purpose of this section, the term "guarantor" means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this chapter or rules adopted pursuant to this chapter. [L 1991, c 259, pt of §1; am L 2014, c 218, §8]
Haw. Rev. Stat. § 334D-2 — HI Code / Division 1 / Title 19 / Chapter 334D / Section 334D-2
Definitions.
Status: in_force

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

"Board" means the board of nursing.

"Chemically dependent" means a condition wherein a nurse's cognitive, interpersonal, or psychomotor skills are affected by the habitual or intemperate use of alcohol or drugs, or both.

"Diversion program" means a program administered by professionals to assist chemically dependent nurses in obtaining evaluation, counseling, monitoring, and ongoing support for rehabilitative purposes.

"Nurse" means a person who has been or is currently licensed under chapter 457.

"Peer assistance program" means a program administered by professionals for the purpose of assisting nurses who are chemically dependent in obtaining evaluation, counseling, monitoring of progress, and ongoing support for rehabilitative purposes.

"Professional association" means a national or statewide association or committee of professionals, or a nonprofit organization operated in support of a professional association that is recognized by the board and designated to administer and monitor the diversion program. [L 1993, c 106, pt of §1]
Haw. Rev. Stat. § 329-69 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-69
Subpoena powers.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] Subject to the privileges which witnesses have in the courts of this State, the director of public safety or the director's designated subordinate is empowered pursuant to and in accordance with the rules of court to subpoena witnesses, examine them under oath and require the production of books, papers, documents or objects where the director of public safety reasonably believes the information sought is relevant or material to enforcement of this chapter. Books, papers, documents, or objects obtained pursuant to exercise of these powers may be retained by the director of public safety or the director's designate for forty-eight hours for the purpose of examination, audit, copying, testing, or photographing. Upon application by the director of public safety, obedience to the subpoenas may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court.

§329-69 Subpoena powers. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] Subject to the privileges which witnesses have in the courts of this State, the director of law enforcement or the director's designated subordinate is empowered pursuant to and in accordance with the rules of court to subpoena witnesses, examine them under oath and require the production of books, papers, documents or objects where the director of law enforcement reasonably believes the information sought is relevant or material to enforcement of this chapter. Books, papers, documents, or objects obtained pursuant to exercise of these powers may be retained by the director of law enforcement or the director's designate for forty-eight hours for the purpose of examination, audit, copying, testing, or photographing. Upon application by the director of law enforcement, obedience to the subpoenas may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court. [L 1990, c 200, pt of §1 and am c 281, §10; am L 2000, c 98, §7 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 333F-8.7 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-8.7
[ §333F-8.
Status: in_force

[ §333F-8.7] Confidentiality of records. (a) All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined in chapter 334, health plans as defined in title 45 Code of Federal Regulations section 160.103, and health care clearinghouses as defined in title 45 Code of Federal Regulations section 160.103, and directly or indirectly identifying a person who receives services because of a developmental disability shall be kept confidential and shall not be disclosed by any person except as allowed by title 45 Code of Federal Regulations part 164, subpart E.

(b) Nothing in this section shall preclude the application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records, or disclosure deemed necessary under the federal Developmental Disabilities Act of 1984, P.L. 98-527, to protect and advocate for the rights of persons with developmental disabilities who reside in facilities for persons with developmental disabilities. [L 2014, c 214, §2]
Haw. Rev. Stat. § 332-7 — HI Code / Division 1 / Title 19 / Chapter 332 / Section 332-7
Penalty.
Status: in_force

Any person violating this chapter shall, for each offense, be fined not less than $20 nor more than $100 or imprisoned not less than three months nor more than six months, or both.
Haw. Rev. Stat. § 328-22 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-22
Duties of department.
Status: in_force

The department of health shall inquire carefully into the quality of any food, drug, device, or cosmetic manufactured, sold, or kept or exhibited or offered for sale by any person; and it may in a lawful manner procure samples thereof, submit the same to careful examination and report the result of such analysis of all or any such food, drugs, devices, or cosmetics as are adulterated, impure, or unwholesome, in contravention of the laws of the State, to the director; and the director shall make complaint with the necessary evidence through the proper authorities, against such person; provided that nothing in this part shall require the department to report for the institution of proceedings under this part, minor violations of this part, whenever it believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning; provided further that whenever the department believes that the public interest will be adequately served by the issuance of a warning to the general public by virtue of the degree of adulteration, impurity, or unwholesomeness in contravention of the laws of the State present in any food, drugs, devices, or cosmetics which constitute a hazardous condition, it shall issue a warning through all available news media including television, radio, newspaper, and other available methods of communication. When the hazardous condition has been corrected, the department shall issue a statement to be made through all available news media that conditions as corrected have returned to a safe and normal level.

The department shall investigate complaints on the information of any person who lays before it satisfactory evidence of the same. [L 1941, c 318, §18; RL 1945, §2222; RL 1955, §51-22; am L Sp 1959 2d, c 1, §19; HRS §328-22; am L 1973, c 34, §1; gen ch 1985]
Haw. Rev. Stat. § 342P-27 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-27
Appeal.
Status: in_force

If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order shall not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction.
Haw. Rev. Stat. § 336-13 — HI Code / Division 1 / Title 19 / Chapter 336 / Section 336-13
Expenses to be paid by State.
Status: in_force

All expenses incurred in returning such aliens or nonresident persons to the place where they have legal residence, shall be paid by the State out of any appropriations made to the hospital in which any such person is a patient, or out of any moneys received by the department of health for this part.
Haw. Rev. Stat. § 342D-18 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-18
Other powers of department not affected.
Status: in_force

The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law.
Haw. Rev. Stat. § 325-32 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-32
Immunization against infectious diseases.
Status: repealed

(a) The department of health may adopt rules requiring and governing immunization against typhoid fever, pertussis (whooping cough), diphtheria, tetanus, poliomyelitis, measles, mumps, hepatitis B, rubella, haemophilus influenzae type B, and any other communicable disease, if a suitable immunizing agent is available for the disease and a need for immunization against it exists within the State. The department may also provide vaccines and other immunizing agents to private and public health care providers for administration to the general public.

(b) The department may adopt, amend, or repeal rules pursuant to chapter 91 to establish a list of specific vaccines that are available or may become available. Notwithstanding the notice, public hearing, and comment requirements of chapter 91 and the provisions of chapter 201M, the director of health, in consultation with the state epidemiologist, may adopt, amend, or repeal as rules, the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices, including interim recommendations, as they apply to the list of specific vaccines, if any, described in this subsection. The department shall make the adoption, amendment, or repeal of rules regarding United States Department of Health and Human Services, Advisory Committee on Immunization Practices immunization recommendations known to the public by:

(1) Giving public notice of the substance of the proposed rules at least once statewide; and

(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.

The rules, when adopted or amended pursuant to chapter 91 as modified by this section, shall have the force and effect of law. The department may defer the effective date of adopted, amended, or repealed rules to allow sufficient time to ensure compliance with the new, amended, or repealed rules. [L 1945, c 171, pt of §1; RL 1955, §49-32; am L 1967, c 23, §2; HRS §325-32; am L 1974, c 6, §2(1); am L 1993, c 266, §2; am L 2013, c 231, §3]
Haw. Rev. Stat. § 334-22 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-22
Penalty.
Status: in_force

Any person who and any association or corporation which establishes, maintains, or operates a psychiatric facility for compensation or hire without holding a valid license issued under this part, and any officer of any association or corporation who participates in the violation, shall be fined not more than $1,000 or, in the case of an individual, imprisoned not more than six months, or both.
Haw. Rev. Stat. § 328-50 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-50
Fishing on commercial fishing vessels.
Status: in_force

Anything in the statute or rules and regulations to the contrary notwithstanding, fish caught and immediately placed on ice or otherwise adequately chilled on commercial fishing vessels may be sold upon their return to port. Any fish remaining unsold shall be placed in cold storage and may be later sold at any time thereafter as long as the fish are not spoiled and unfit for human consumption.
Haw. Rev. Stat. § 321-228.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-228.5
Renumbered as §321-23.
Status: in_force

§321-228.5 Renumbered as §321-23.3.
Haw. Rev. Stat. § 321-232 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-232
Revenues; deposit into state general fund.
Status: in_force

(a) The department shall establish reasonable fees for services rendered to the public within the service area by the department, any county within the service area, or private agency under this part; provided that all revenues collected by the department and the respective counties pursuant to this section shall be deposited into the state general fund, except amounts necessary to provide for collection services for bad debt accounts. Fees required to be set by this section shall be established in accordance with chapter 91.

(b) No ambulance services, or any other emergency medical services available from or under the authority of this chapter shall be denied to any person on the basis of the ability of the person to pay therefor or because of the lack of prepaid health care coverage or proof of such ability or coverage.

(c) In the event of nonpayment of any fees required to be assessed by this section, the department shall determine whether the recipient of services is financially able to pay the fees and make every reasonable effort to collect the fees. In the event the department finds the person is without sufficient resources to pay for the services, no further action to collect the fees shall be taken. If the services are paid by a county or any other entity, and collection of the fee is delegated by contractual agreement to the county or other agency that provides the services, the county or other agency shall forward records relating to unpaid fees for action by the department under this subsection. No county or other entity shall make a final determination of the ability of a person to pay under this subsection. Any determination of ability to pay for purposes of this subsection shall be in accordance with rules that the department shall adopt, subject to chapter 91, governing the determinations. [L 1978, c 148, pt of §1; am L 1984, c 77, §1; am L 2021, c 208, §15]
Haw. Rev. Stat. § 342B-7 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-7
Annual reports.
Status: in_force

The department shall compile an annual report summarizing:

(1) Air quality data from all air quality monitoring stations;

(2) Annual criteria pollutant emissions;

(3) Annual air toxic emissions; and

(4) All completed or issued enforcement actions. [L 1992, c 240, pt of §1; am L 1993, c 208, §3]
Haw. Rev. Stat. § 321-1.4 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.4
Office of health care assurance special fund; deposits; expenditures.
Status: in_force

(a) There is established within the department of health, to be administered by the department of health, the office of health care assurance special fund into which shall be deposited moneys collected under section 321-11.5(b), license fees for the administration of the durable medical equipment supplier license program collected pursuant to section 321-544, and all administrative penalties imposed and collected by the office of health care assurance pursuant to section 321-20.

(b) Moneys in the special fund shall be expended by the department of health:

(1) To assist in offsetting operating costs and educational program expenses of the department of health's office of health care assurance; and

(2) For the purpose of enhancing the capacity of office of health care assurance programs to:

(A) Improve public health outreach efforts, program and community development, and consultations to industries regulated;

(B) Educate the public, the staff of the department of health, and other departments within the State, as well as staff and providers of all health care facilities and agencies regulated; and

(C) Administer and support the durable medical equipment supplier license program established pursuant to part XLIII.

(c) The department of health shall submit a report to the legislature concerning the status of the special fund, including the amount of moneys deposited into and expended from the special fund, and the sources of receipts and uses of expenditures, no later than twenty days prior to the convening of each regular session. [L 1999, c 120, §1; am L 2002, c 188, §1; am L 2007, c 90, §1; am L 2016, c 137, §3; am L 2022, c 38, §2]
Haw. Rev. Stat. § 327-4 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-4
Who may make an anatomical gift before donor's death.
Status: in_force

Subject to section 327-8, an anatomical gift of a donor's body or body part may be made during the life of the donor for transplantation, therapy, research, or education in the manner provided in section 327-5 by:

(1) The donor, if the donor is at least eighteen years of age or is under eighteen years of age and is:

(A) An emancipated minor, as deemed pursuant to section 577-25; or

(B) Authorized under a state law to apply for a driver's license under part VI of chapter 286;

(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(3) A parent of the donor, if the donor is under eighteen years of age and not emancipated; or

(4) The donor's guardian. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 321-344 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-344
Exception.
Status: in_force

Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency.
Haw. Rev. Stat. § 323D-62 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-62
Rules.
Status: in_force

The state agency and the statewide health coordinating council may adopt necessary rules for the purposes of this chapter in accordance with chapter 91.
Haw. Rev. Stat. § 342F-11.5 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-11.5
Disposition of collected fines and penalties.
Status: in_force

Fines and penalties collected under sections 342F-9 and 342F-11 shall be deposited into the environmental response revolving fund established by section 128D-2.
Haw. Rev. Stat. § 328D-1 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-1
Definitions.
Status: in_force

For the purposes of this chapter:

"Approved laboratory" means a laboratory approved by the department or other government agency or agencies having jurisdiction or certified by the United States Environmental Protection Agency.

"Approved source", when used in reference to a bottled water plant's product water or water used in the plant's operations, means the source of the water, whether from a spring, artesian well, drilled well, public or community water system, or any other source that has been inspected and the water sampled, analyzed, and found to be of a safe and sanitary quality. The presence in the plant of a current certificate or notification of approval from the department or other government agency or agencies having jurisdiction shall constitute approval of the source.

"Artesian water" means bottled water from a well tapping a confined aquifer in which the water level stands above the water table. "Artesian water" shall meet the requirements of "natural water".

"Bottled water" means water that is placed in a sealed container or package and is offered for sale for human consumption or other consumer uses.

"Bottled water plant" means any place or establishment in which bottled water is prepared for sale.

"Carbonated water" or "sparkling water" means bottled water containing carbon dioxide.

"C.F.R." means the Code of Federal Regulations.

"Department" means the department of health.

"Director" means the director of health.

"Distilled water" means bottled water which has been produced by a process of distillation and meets the definition of purified water in the most recent edition of the United States Pharmacopeia.

"Drinking water" means bottled water obtained from an approved source that has at minimum undergone treatment consisting of filtration (activated carbon or particulate) and ozonation or an equivalent disinfection process.

"EPA" means the United States Environmental Protection Agency.

"FDA" means the United States Food and Drug Administration.

"Fluoridated water" means bottled water containing fluoride. The label shall specify whether the fluoride is naturally occurring or added. Any water which meets this definition shall contain not less than 0.5 and not more than 1.0 milligrams per liter fluoride ion and otherwise comply with the Food and Drug Administration (FDA) quality standards in section 103.35(d)(2), Title 21 of the Code of Federal Regulations.

"Mineral water" means bottled water that contains not less than 500 parts per million total dissolved solids. "Natural mineral water" shall meet the requirements of "natural water".

"Natural water" means bottled spring, mineral, artesian, or well water which is derived from an underground formation and is not derived from a municipal system or public water supply.

"Plant operator" means any person who owns or operates a bottled water plant.

"Purified water" means bottled water produced by distillation, deionization, reverse osmosis, or other suitable process and that meets the definition of purified water in the most recent edition of the United States Pharmacopeia. Water which meets the definition of this paragraph and is vaporized, then condensed, may be labeled "distilled water".

"Spring water" means water derived from an underground formation from which water flows naturally to the surface of the earth. "Spring water" shall meet the requirements of "natural water".

"Water dealer" means any person who imports bottled water or causes bulk water to be transported for bottling for human consumption or other consumer uses.

"Well water" means water from a hole bored, drilled, or otherwise constructed in the ground which taps the water of an aquifer. "Well water" shall meet the requirements of "natural water". [L 1988, c 304, pt of §1]
Haw. Rev. Stat. § 334-72 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-72
Transfer of veterans.
Status: in_force

(a) Upon receipt of a certificate of the Department of Veterans Affairs or other agency of the United States that facilities are available for the care and treatment of a person previously admitted to a psychiatric facility and that the person is eligible for such care and treatment, the administrator of the psychiatric facility or the administrator's deputy may transfer the person to the Department of Veterans Affairs or other agency of the United States for care and treatment, except a person admitted or committed on court order as provided in chapters 571, 704 and 706 or transferred under section 334-74. The administrator of the sending facility or the administrator's deputy shall send prior notice of such transfer as provided in section 334-71. A person transferred under this section shall be deemed to be admitted for hospitalization to any facility of the Department of Veterans Affairs or other agency of the United States pursuant to the provisions of part IV. The person, when admitted to a facility operated by or contracting with the Department of Veterans Affairs or other agency of the United States, within or without this State, shall be subject to the rules and regulations of the Department of Veterans Affairs or other agency of the United States. The chief officer of the Department of Veterans Affairs or of the institution operated by any other agency of the United States to which the person is so admitted shall with respect to such person be vested with the same powers as administrators of licensed psychiatric facilities within this State with regard to detention, transfer, authorized absence or discharge. Jurisdiction is retained in this State and specifically in the family court of the circuit in which the sending facility was located to inquire at any time into the mental and physical condition of the person so admitted and to determine the necessity for the person's continued hospitalization, and all transfers under this section are so conditioned.

(b) The judgment or order of hospitalization by a court of competent jurisdiction of another state, the District of Columbia, Guam, or Puerto Rico, hospitalizing a person with the Department of Veterans Affairs or other agency of the United States for care and treatment shall have the same force and effect with respect to the hospitalized person while in this State with the Department of Veterans Affairs or other agency of the United States as in the state or district in which the judgment or order was made, and the court making the judgment or order shall be deemed to have retained jurisdiction of the person so hospitalized for the purpose of inquiring into the mental and physical condition of the person and of determining the necessity for the person's continued hospitalization. Consent is hereby given to the application of the law of the state or district with respect to the authority of the chief officer of the Department of Veterans Affairs or of the institution operated by any other agency of the United States in which the person is hospitalized to detain, transfer, place on authorized absence, or discharge the hospitalized person.

(c) Nothing in this section shall be construed as conferring upon the department of health or any other agency or officer of this State any power of licensing, supervision, inspection, or control over hospitals or other institutions operated by the Department of Veterans Affairs or other agency of the United States, or over any officers or employees thereof. [L 1967, c 259, pt of §1; HRS §334-72; am L 1976, c 130, §6; gen ch 1985; am L 2017, c 12, §1]
Haw. Rev. Stat. § 328-17.9 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-17.9
Supply of electronic equipment.
Status: in_force

No person shall supply prescription information processing system equipment, including computer hardware, software, facsimile machines, and related equipment, to practitioners, pharmacists, pharmacies, or medical oxygen distributors, on the condition, agreement, or understanding that the recipient of the equipment shall not deal in the commodity of a competitor, shall not deal with a competitor, or shall deal only with persons identified by the supplier of the equipment.
Haw. Rev. Stat. § 328C-1 — HI Code / Division 1 / Title 19 / Chapter 328C / Section 328C-1
Definitions.
Status: in_force

Whenever used in this chapter unless the context otherwise requires:

"Charitable, religious, or nonprofit organization" means any organization which was organized and is operating in the State for charitable or religious purposes or to promote social welfare, which is exempt from income taxation under chapter 235, and which distributes pharmaceuticals and health care supplies at no cost to needy persons.

"Institutional facility" means a:

(1) Hospital;

(2) Convalescent home;

(3) Nursing home;

(4) Extended care facility;

(5) Mental institution;

(6) Rehabilitation center;

(7) Health maintenance organization;

(8) Psychiatric center;

(9) Intellectual disability center;

(10) Penal institution; or

(11) Any other organization whose primary purpose is to provide a physical environment for patients to obtain health care services or at-home care services, except those places where physicians, dentists, veterinarians, osteopaths, podiatrists, or other prescribers who are duly licensed, engage in private practice.

"Needy person" means any natural person who lacks the means to obtain adequate or proper pharmaceuticals or health care supplies, as determined by a practitioner at a Hawaii qualified health center, established under section 346-41.5, to be in need of service.

"Pharmaceuticals and health care supplies" means any medicine (prescription or nonprescription, excluding all controlled substances listed in chapter 329) or health care supplies such as soap, personal sanitary products, baby formula, dietary supplement, health care aids such as thermometers, surgical gloves, or bandages, or any other item which is customarily fit for human consumption or external use, before the expiration date stamped on the product, if any. [L 1997, c 337, pt of §2; am L 2001, c 207, §1; am L 2004, c 190, §§4, 11; am L 2011, c 220, §12]
Haw. Rev. Stat. § 326-25.5 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-25.5
Annual report.
Status: in_force

[See Note below.] The department of health shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that addresses the following with regard to Kalaupapa Settlement:

(1) The department's provision of medical and basic living needs of the patients;

(2) The department's progress toward defining and addressing the nonmedical needs of patients;

(3) The department's progress toward promoting a positive living environment;

(4) The department's management of state resources, including benefits given to employees that are not statutorily defined;

(5) The department's progress toward establishing written policies and procedures for Kalaupapa store;

(6) The department's progress toward establishing and maintaining a complaint file and adequately addressing complaints;

(7) The performance of the administrator, including compliance with job duties;

(8) The department's progress toward adequate accountability of state property;

(9) Details and justification of approved employee air travel requests and trail pay;

(10) Details and updated information, as available, regarding the permanent transfer to other governmental or qualified non-governmental entities of the powers and duties of the department and any other state agency over Kalaupapa Settlement; and

(11) Details including efforts of engagement by the department with Molokai community groups, including the addition of Ka Ohana O Kalaupapa and a non-governmental organization from the non-peninsular area of Molokai to be selected by the department in consultation with the non-peninsular area of the Molokai community. [L 2004, c 232, §2; am L 2024, c 118, §1]
Haw. Rev. Stat. § 329D-3 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-3
Qualifications for licensure.
Status: in_force

(a) Each application for a dispensary license shall include both an individual applicant and an applying entity.

(b) The application shall be submitted to the department and shall include supporting documentation to establish the following:

(1) That the individual applicant:

(A) Has been a legal resident of the State for not less than five years preceding the date of application;

(B) Is not less than twenty-one years of age; and

(C) Has had no felony convictions;

(2) That the applying entity:

(A) Has been organized under the laws of the State;

(B) Has a Hawaii tax identification number;

(C) Has a department of commerce and consumer affairs business registration division number and suffix;

(D) Has a federal employer identification number;

(E) Is not less than fifty-one per cent held by Hawaii legal residents or entities wholly controlled by Hawaii legal residents who have been Hawaii legal residents for not less than five years immediately preceding the date the application was submitted;

(F) Has financial resources under its control of not less than $1,000,000 for each license applied for, plus not less than $100,000 for each retail dispensing location allowed under the license applied for, in the form of bank statements or escrow accounts, and that the financial resources have been under the control of the applying entity for not less than ninety days immediately preceding the date the application was submitted; and

(G) Is composed of principals or members, each of whom has no felony convictions.

(c) A dispensary license shall not be sold or otherwise transferred from one person to another person. [L 2015, c 241, pt of §2]
Haw. Rev. Stat. § 342H-38 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-38
Felony disposal of solid waste; deferred prosecution agreement.
Status: in_force

First time offenses for persons cited with felony disposal of solid waste may enter into a deferred prosecution agreement. Persons failing to meet all of the terms of a deferred prosecution agreement shall be subject to prosecution under this section.

For the purposes of this section, a deferred prosecution agreement shall mean an agreement offered by the prosecutor, in the prosecutor's discretion, to the person cited that would defer prosecution during the statute of limitations period, subject to renewed prosecution if the defendant violates the conditions of the agreement. The agreement, if one is offered, shall contain provisions reasonably calculated to deter future violations. No person shall be offered a deferred prosecution agreement under this section more than once. If all terms of the agreement are met, all records of the person's arrest, indictment, or plea shall be cleared. Entering into a deferred prosecution agreement shall not be considered an admission of guilt. [L 2004, c 143, pt of §1]
Haw. Rev. Stat. § 321-602 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-602
Food packaging; prohibited items.
Status: in_force

(a) Beginning December 31, 2024, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any food packaging specified in subsection (b) to which PFAS chemicals have been intentionally introduced in any amount.

(b) The prohibition under this section shall apply to wraps and liners, plates, food boats, and pizza boxes. [L 2022, c 152, pt of § 2]
Haw. Rev. Stat. § 321-233 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-233
Rules.
Status: in_force

The director of health may adopt, amend, and repeal rules necessary to the implementation of this part, subject to chapter 91.
Haw. Rev. Stat. § 326-29 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-29
Fishing laws exemption; Kalaupapa.
Status: in_force

Notwithstanding any provision of law to the contrary, state laws on fishing shall not be applicable to Hansen's disease patients of Kalaupapa, provided the patients engage in fishing along the shorelines and in waters immediately adjacent to the county of Kalawao.

No fish or other marine products obtained by patients may be sold outside of the county of Kalawao.

The department of health shall adopt rules pursuant to chapter 91 necessary to control all fishing and acquisition of marine products by Hansen's disease patients. [L 1957, c 106, §§1 to 3; am L Sp 1959 2d, c 1, §19; Supp, §50-41; HRS §326-29; am L 1969, c 152, §1; am L 1981, c 185, §14; am L 1985, c 250, §12]
Haw. Rev. Stat. § 342L-13 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-13
Appeal.
Status: in_force

If any party is aggrieved by an order of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of an order shall not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction.
Haw. Rev. Stat. § 321-46 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-46
Breast density mammography results; report and notification.
Status: in_force

(a) Beginning January 1, 2014, every health care facility in which a mammography examination is performed shall provide a mammography report and notification to each patient who is categorized by the facility as having dense breast tissue. The notification shall include in the summary of the mammography report sent to the patient, the following information, pursuant to the federal Mammography Quality Standards Act:

"Your mammogram shows that your breast tissue is dense. Dense breast tissue is very common and is not abnormal. However, dense breast tissue can make it harder to find cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information about the result of your mammogram is given to you to raise your awareness. Use this information to talk to your physician as to whether, based on your risk, more screening tests might be useful. A report of your results was sent to your physician."

(b) For purposes of this section, "dense breast tissue" means heterogeneously dense or extremely dense tissue as defined in nationally-recognized guidelines or systems for breast imaging reporting of mammography screening, including the Breast Imaging Reporting and Data System of the American College of Radiology, and any equivalent new terms, as such guidelines or systems are revised. [L 2013, c 5, §1]
Haw. Rev. Stat. § 333E-3.5 — HI Code / Division 1 / Title 19 / Chapter 333E / Section 333E-3.5
Encouragement of suitable housing.
Status: in_force

The state council shall encourage the adoption of ordinances in each political subdivision in the State which would permit the maintenance and construction of residences for persons with developmental disabilities, including those developmentally disabled persons defined in this chapter and in section 202 of the Federal Housing Act of 1959, as amended. The ordinances should include provisions for permitting an appropriate number of unrelated persons with developmental disabilities and two supervisory staff to reside in a single-family dwelling provided that in determining the appropriate number, the political subdivisions should consider the cost of maintenance and construction of the residence, in order that financial obligations can be met.
Haw. Rev. Stat. § 333F-9 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-9
§§333F-9 and 333F-10 REPEALED.
Status: repealed

§§333F-9 and 333F-10 REPEALED. L 1995, c 189, §§15, 16; L 1998, c 133, §5.
Haw. Rev. Stat. § 321-413 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-413
General functions, powers, and duties of the department.
Status: in_force

(a) The director shall provide information and educational material regarding indoor air pollution to the managers, owners, and occupants of publicly owned buildings, and may assist any manager, owner, or occupant of a publicly owned building to identify, assess, and correct indoor air pollution problems.

(b) The director may provide information and educational material regarding indoor air pollution to any manager, owner, or occupant of a building that is not a publicly owned building, and may assist any manager, owner, or occupant of a building that is not a publicly owned building to identify, assess, and correct indoor air pollution problems.

(c) The director shall establish and coordinate an indoor air quality assessment network of state agencies and facility managers of publicly owned buildings to identify, assess, and correct indoor air pollution problems.

(d) The director may establish a program for the approval of plans to construct ventilation systems, the inspection of ventilation system construction, and the monitoring of existing ventilation systems for proper maintenance.

(e) The director may adopt rules in accordance with chapter 91 to effectuate the purposes of this part. [L 1994, c 234, pt of §2]
Haw. Rev. Stat. § 321-224.4 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-224.4
Community paramedicine program; established.
Status: in_force

(a) The department shall establish and administer the community paramedicine program within the service area.

(b) The department shall:

(1) Develop guidelines for community paramedicine;

(2) Explore and develop partnerships with public and private health care entities, insurers, and community organizations; and

(3) Employ telehealth to enhance access and improve the patient experience.

(c) For purposes of this part, "community paramedicine program" means an enhanced and expanded service in the state emergency medical services system that allows state-licensed health care professionals, and community health workers, to assist with public health, primary care, and prevention services, including services through telehealth.

(d) The department of health shall submit a report on the status of the community paramedicine program, including an accounting of expenses and source of funds, to the legislature no later than twenty days prior to the convening of each regular session of the legislature.

(e) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

(f) The department may adopt interim rules, which shall be exempt from chapter 91 and chapter 201M, to effectuate the purposes of this section; provided that the interim rules shall remain in effect until July 1, 2023, or until rules are adopted pursuant to subsection (e), whichever occurs sooner. [L 2019, c 140, pt of §1; am L 2021, c 208, §9]
Haw. Rev. Stat. § 342H-54 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-54
Public participation.
Status: in_force

The director may adopt rules providing for public participation in the process of reviewing applications for permits, permit renewals, permit modifications, selection of corrective action remedies, and related matters. Such rules may require applicants and permittees to be responsible for the publication of notices, making documents and relevant information available to the public for public review and comment and conducting public hearings. The rules may also include public participation provisions similar to any promulgated by the United States Environmental Protection Agency for municipal solid waste landfill permit programs. Public notices shall be given of the director's final determination on permit applications, renewals, modifications, and selection of corrective action remedies. A public hearing may be held before the director rules on a permit application, renewal, modification, or selection of corrective action remedies if the director determines that a public hearing would be in the public interest.
Haw. Rev. Stat. § 328C-3 — HI Code / Division 1 / Title 19 / Chapter 328C / Section 328C-3
Sale of donated pharmaceuticals or health care supplies, prohibited; fines.
Status: in_force

(a) No person or organization shall sell, or offer for sale, any pharmaceutical or health care supply donated or distributed under this chapter.

(b) Any violation of this section is punishable by a fine not to exceed $1,000. [L 1997, c 337, pt of §2]
Haw. Rev. Stat. § 337-3 — HI Code / Division 1 / Title 19 / Chapter 337 / Section 337-3
Procedure.
Status: in_force

Whenever the executive authority of any state demands of the executive authority of the State any fugitive within the purview of section 337-2 and produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state whence the person so charged has fled, with an affidavit made before a proper officer showing the person to be such a fugitive, it shall be the duty of the executive authority of the State to cause the fugitive to be apprehended and secured, if found in the State and to cause immediate notice of the apprehension to be given to the executive authority making the demand, or to the agent of the authority appointed to receive the fugitive, and to cause the fugitive to be delivered to the agent when the agent shall appear. If no such agent appears within thirty days from the time of the apprehension, the fugitive may be discharged. All costs and expenses incurred in the apprehending, securing, maintaining, and transmitting the fugitive to the state making the demand shall be paid by such state. Any agent so appointed who receives the fugitive into the agent's custody shall be empowered to transmit the fugitive to the state from which the fugitive has fled. The executive authority of the State is vested with the power, on the application of any person interested, to demand the return to the State of any fugitive within the purview of this chapter.
Haw. Rev. Stat. § 329-42 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-42
Prohibited acts C--penalties.
Status: in_force

(a) It is unlawful for any person knowingly or intentionally:

(1) To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 329-37;

(2) To use in the course of the manufacture, distribution, administration, or prescribing of a controlled substance a registration number that is fictitious, revoked, suspended, expired, or issued to another person;

(3) To obtain or attempt to obtain any controlled substance or procure or attempt to procure the administration of any controlled substance:

(A) By fraud, deceit, misrepresentation, embezzlement, theft;

(B) By the forgery or alteration of a prescription or of any written order;

(C) By furnishing fraudulent medical information or the concealment of a material fact;

(D) By the use of a false name, patient identification number, or the giving of false address;

(E) By the unauthorized use of a practitioner's oral call-in number;

(F) By the alteration of a prescription by the addition of future refills;

(G) By the unauthorized use of a practitioner's electronic prescription application; or

(H) By the unauthorized transmission of an electronic prescription;

(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;

(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;

(6) To misapply or divert to the person's own use or other unauthorized or illegal use or to take, make away with, or secrete, with intent to misapply or divert to the person's own use or other unauthorized or illegal use, any controlled substance that shall have come into the person's possession or under the person's care as a registrant or as an employee of a registrant who is authorized to possess controlled substances or has access to controlled substances by virtue of the person's employment; or

(7) To make, distribute, possess, or sell any prescription form, whether blank, faxed, computer generated, photocopied, electronically transmitted, or reproduced in any other manner without the authorization of the licensed practitioner.

(b) Any person who violates this section is guilty of a class C felony. [L 1972, c 10, pt of §1; am L 1991, c 159, §14; am L 1997, c 280, §4; am L 2000, c 98, §6; am L 2006, c 69, §5; am L 2008, c 186, §6; am L 2013, c 20, §4]
Haw. Rev. Stat. § 342G-101.5 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-101.5
Commercial passenger vessels; exemption.
Status: in_force

(a) Notwithstanding any other provision of this part, this part shall not apply to a deposit beverage container that is sold or delivered to an entity operating a commercial passenger vessel when the deposit beverage container is intended for use and consumption on the commercial passenger vessel. The entity operating the commercial passenger vessel shall be exempt from this part only if it has a deposit beverage container recycling plan prescribed or approved by the department.

(b) Recycling plans shall be submitted to the department and shall include the name and address of the recycling facility that is accepting the empty deposit beverage containers.

(c) Deposit beverage containers covered under this exemption shall not be redeemed for the refund value or handling fee. [L 2005, c 206, §1]
Haw. Rev. Stat. § 328-51 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-51
Causing preventable deterioration of; penalty.
Status: in_force

Any person who by interference, intimidation, or carelessness, causes or permits preventable deterioration or waste in connection with the marketing of such fishes or their preservation, or who prevents or attempts to prevent lawful cold storage of such fishes, shall be fined not more than $200, or imprisoned not more than three months, or both.
Haw. Rev. Stat. § 323F-24 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-24
Budget oversight.
Status: in_force

The corporation's and each regional system board's operating and capital improvement budgets shall not be subject to review or approval by the governor or any state agency, except where state general funds or capital improvement moneys are requested. If general funds or capital improvement moneys are requested, then the corporation or any regional system board shall include, with its request, the proposed budget for which the funds or moneys are to be included. The corporation and regional system boards, once operational, shall collaboratively submit their budgets annually to the legislature for review and approval at least twenty days prior to the convening of the regular legislative session, beginning with the budgets for the 2010-2011 biennium fiscal years.
Haw. Rev. Stat. § 342P-29 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-29
Public records; confidential information; penalties.
Status: in_force

Asbestos or lead abatement applications and reports on emissions or lead violations submitted to the department shall be made available for inspection by the public during established office hours unless the 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 342P-4, 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 any rule or standard adopted pursuant to this chapter, shall be fined not more than $1,000.
Haw. Rev. Stat. § 334-75 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-75
Authorized absence.
Status: in_force

The administrator of a psychiatric facility or the administrator's deputy may grant authorized absence from the facility to any patient upon such terms and conditions as the administrator or the administrator's deputy may deem advisable, and, as to a patient admitted or committed on court order, with the prior approval of the court for periods in excess of thirty days, and without the approval of the court for periods up to thirty days, or, as to a patient transferred under section 334-74, with the prior approval of the official effecting the transfer; provided that if a patient has been admitted or committed on court order after having been charged with a felony or misdemeanor pursuant to chapter 707, an absence can be authorized only with the prior approval of the court, except where the absence is supervised by the presence of someone from the facility.
Haw. Rev. Stat. § 342H-35 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-35
Research, educational, and training programs.
Status: in_force

The director may:

(1) Conduct and supervise research programs for the purpose of determining the sources of solid waste, effects, and hazards of pollution associated with solid waste management systems;

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

(3) Conduct and supervise state educational and training programs on solid waste management systems, including the preparation and distribution of information relating to solid waste pollution. [L 1989, c 212, pt of §4; am L 1998, c 226, §5]
Haw. Rev. Stat. § 342G-15 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-15
Annual report.
Status: in_force

(a) The coordinator shall prepare and submit an annual report to each county, the director, the governor, and the legislature, twenty days prior to the convening of each regular session of the legislature, describing the activities of the office. The annual report shall provide the information required in this chapter, including, but not limited to:

(1) A summary of the results achieved in meeting the state waste reduction goals, including the amounts of waste disposed of, diverted, and generated in the State, and the progress toward managing waste in consideration of the state solid waste management priorities;

(2) Results achieved in county integrated solid waste management planning and the state plan, with timetables for completion and implementation;

(3) Results achieved in implementing procurement programs, including the amount of recycled goods and materials purchased by the State and counties;

(4) Total paper consumption by state and county agencies and results achieved with the office paper reduction goal;

(5) Results achieved by government agencies in establishing office paper and other materials recovery programs;

(6) Results achieved by state and county agencies in removing barriers to the development of recycling markets and in developing markets and supporting businesses that use recovered materials;

(7) A summary of results achieved by state and county agencies in the provision and execution of the statewide public awareness and education program;

(8) A summary of results achieved by agencies to improve energy efficiency and to reduce reliance on imported fuels in compliance with sections 226-18 and 226-52;

(9) A summary and schedule of the key solid waste management goals and objectives planned for the following year at state and county levels; and

(10) Revenues into and expenditures from the environmental management special fund during the previous fiscal year and projections for revenues and expenditures in the coming fiscal year.

(b) Upon request from the office, the counties shall provide information, to the best of their abilities, to fulfill the requirements outlined in this section. [L 1991, c 324, pt of §2; am L 1993, c 312, §5]
Haw. Rev. Stat. § 340E-33.5 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-33.5
Use of American Recovery and Reinvestment Act of 2009 and other federal moneys.
Status: in_force

(a) The director may provide financial assistance to public water systems for the construction of necessary drinking water infrastructure projects, through the drinking water fund, using moneys from the American Recovery and Reinvestment Act of 2009 and other applicable federal acts.

(b) The director may establish a separate account within the drinking water fund and assign to that account federal moneys appropriated under federal laws that authorize principal forgiveness, zero and negative interest loans, and grants, including the American Recovery and Reinvestment Act of 2009 and other applicable federal acts. The director may use those moneys and in so doing may include additional requirements and subsidization not applicable to the remainder of the drinking water fund, including forgiveness of principal, zero and negative interest loans, and grants to public water systems that meet eligibility requirements for the drinking water fund.

(c) The director shall certify that a project is entitled to priority over other eligible projects on the basis of drinking water quality and financial needs, as well as a preference to those projects that can be started and completed expeditiously as stipulated under the American Recovery and Reinvestment Act of 2009 and other applicable federal acts.

(d) Among eligible projects, the director may also give priority to projects that incorporate renewable energy, energy efficiency, and conservation measures in drinking water infrastructure, to the extent allowed by federal law.

(e) Each project receiving financial assistance shall conform with the conditions for drinking water project financial assistance under section 340E-37(a). [L 2009, c 98, §2]
Haw. Rev. Stat. § 340E-4.7 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-4.7
Notification to users of potential lead contamination.
Status: in_force

Before June 19, 1988, every public water system shall identify and provide notice to persons that may be affected by lead contamination of their drinking water where such contamination results from either the lead content in the construction materials of the public water distribution system or corrosivity of the water supply sufficient to cause leaching of lead, or both. The notice shall provide a clear and readily understandable explanation of the following:

(1) The potential sources of lead in the drinking water;

(2) The potential adverse health effects;

(3) The reasonably available methods of mitigating known or potential lead content in drinking water;

(4) Any steps the system is taking to mitigate lead content in drinking water; and

(5) The necessity for seeking alternative water supplies, if any.

The failure to comply with the notification required in this section shall subject the supplier of water to the same penalties under section 340E-6. [L 1987, c 165, pt of §1]
Haw. Rev. Stat. § 342B-44 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-44
Injunctive and other relief.
Status: in_force

The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted, condition of a permit, or variance issued pursuant to this chapter, without the necessity of prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or obtain other relief. The environmental court shall have the power to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 328-117 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-117
Administrative penalties.
Status: in_force

(a) Any person who violates this part or any rule adopted by the department pursuant to this part 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.

(b) In addition to any other administrative or judicial remedy provided by this part, or by rules adopted pursuant to this part, the director may impose by order the administrative penalty specified in this section. Factors to be considered in imposing the administrative penalty include the nature and history of the violation and of any prior violation, and the opportunity, difficulty, and history of corrective action. For any judicial proceeding to recover the administrative penalty imposed, the director 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 1992, c 196, pt of §2]
Haw. Rev. Stat. § 327E-9 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-9
Immunities.
Status: in_force

(a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for:

(1) Complying with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care;

(2) Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority; or

(3) Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated.

(b) An individual acting as agent, guardian, or surrogate under this chapter shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith. [L 1999, c 169, pt of §1]
Haw. Rev. Stat. § 329-44 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-44
Notice of conviction to be sent to licensing board, department of commerce and consumer affairs.
Status: in_force

On the conviction of any physician, osteopathic physician and surgeon, dentist, podiatrist, veterinarian, practitioner, apothecary, manufacturer, wholesaler, or producer, of the wilful violation of this chapter, a copy of the sentence and of the opinion of the court or district judge, if any is filed, shall be sent by the clerk of the court, or by the judge, to the board or officer, if any, by whom the convicted defendant has been licensed to practice the convicted defendant's profession or to carry on the convicted defendant's business; and if the convicted defendant is a physician or osteopathic physician and surgeon, a copy of the sentence and of the opinion, if any, shall be sent to the department of commerce and consumer affairs.
Haw. Rev. Stat. § 342D-71 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-71
Recycled water use.
Status: in_force

All state and county facilities using potable water irrigation systems may connect to available recycled water service.
Haw. Rev. Stat. § 327-33 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-33
§ §327-33 to 327-35 REPEALED.
Status: repealed

§ §327-33 to 327-35 REPEALED. L 2012, c 75, §§7 to 9.
Haw. Rev. Stat. § 329-132 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-132
[ §329-132] Violations; penalties.
Status: in_force

[ §329-132] Violations; penalties. (a) In addition to any other penalties allowed by law, any person who violates this part or rules adopted pursuant to this part shall be fined not more than $5,000 for each separate violation. Each day on which a violation occurs or continues shall constitute a separate offense.

(b) The department of health may impose an administrative penalty on a person pursuant to subsection (a) or rules adopted pursuant to this part. The department of health shall serve the person with written notice of the administrative penalty and the basis for the administrative penalty. Any notice of an administrative penalty may be accompanied by a cease and desist order or order for corrective action, or both. The administrative penalty, cease and desist order, and order for corrective action shall become final twenty calendar days after the date of the written notice, unless a contested case hearing is requested pursuant to subsection (c). The violation of the cease and desist order or order for corrective action shall constitute a further violation of this part.

(c) Any person aggrieved by the imposition of an administrative penalty, cease and desist order, or order for corrective action may request a contested case hearing pursuant to chapter 91. To request a contested case hearing, the person shall submit a written request to the department of health within twenty calendar days of the date of the written notice. Appeal to the circuit court under section 91-14 or any other applicable statute shall only be taken from the department of health's final order pursuant to a contested case.

(d) Any action taken to recover, collect, or enforce the penalty provided for in this section shall be considered a civil action. For any judicial proceeding to recover or collect an administrative penalty imposed pursuant to subsection (a) or to enforce a cease and desist order or order for corrective action issued pursuant to subsection (b), the department of health may petition any court of appropriate jurisdiction and need only show that:

(1) Notice was served upon the person;

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

(3) The administrative penalty, cease and desist order, or order for corrective action was imposed on the person; and

(4) The penalty remains unpaid, or the order was not complied with. [L 2025, c 46, §2]
Haw. Rev. Stat. § 342B-14 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-14
Variances.
Status: in_force

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

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

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

(1) The continuation of the function or operation involved in the discharge of air pollution occurring or proposed to occur by the granting of the variance is in the public interest as determined in section 342B-27;

(2) The emission or discharge 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 thereof shall be granted within the requirements of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:

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

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

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

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

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

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

(h) Any application for a variance shall be subject to the public participation requirements of section 342B-13. The contents of the public notice on the variance application for a variance shall include at least:

(1) The name and address of the applicant;

(2) A brief description of the applicant's activities or operations which result in the emission, or other activity described in the variance application;

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

(4) A brief description of the public participation procedures, including the comment period and other means by which interested persons may comment on the variance application and the department's proposed action; and

(5) 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 1992, c 240, pt of §1]
Haw. Rev. Stat. § 342I-33 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-33
Enforcement.
Status: in_force

The department of health shall enforce this part. Authorized employees of the department may issue warnings, citations, or administrative orders, or commence civil action in circuit environmental court against persons who fail to comply with the requirements of this part.
Haw. Rev. Stat. § 339D-26 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-26
Environmental management.
Status: in_force

(a) All electronic devices recovered pursuant to this part shall be recycled in a manner that complies with all applicable federal, state, and county laws and requirements.

(b) The department shall adopt by reference the Institute of Scrap Recycling Industries, Inc.'s Electronics Recycling Operating Practices as requirements. [L 2009, c 183, pt of §6; am L 2022, c 151, §15]
Haw. Rev. Stat. § 339-22 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-22
Prohibited acts.
Status: in_force

(a) No person shall sell or offer for sale to any consumer within the State beverage containers, motor oil, or other consumer goods connected to each other with plastic connecting devices that are not degradable. This section shall not apply to the following plastic connecting devices:

(1) Plastic connecting devices that contain an enclosed hole or circle less than 1 and 1/4 inches in diameter; and

(2) Plastic connecting devices comprised of one or more rings that are broken when the beverage container or other consumer good is removed from the ring or rings.

(b) Notwithstanding section 339-24 to the contrary, any person who violates this section shall be fined $250 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1989, c 312, pt of §2; am L 1992, c 284, §1]
Haw. Rev. Stat. § 327E-15 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-15
Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Haw. Rev. Stat. § 342F-30.5 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-30.5
Noise control.
Status: in_force

By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county. In the event of any conflict between this section and section 46-17, section 46-17 shall govern.
Haw. Rev. Stat. § 325-21 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-21
Sale of sterile syringes for the prevention of disease.
Status: in_force

(a) The sale of sterile hypodermic syringes in a pharmacy, physician's office, or health care institution for the purpose of preventing the transmission of dangerous blood-borne diseases, may be made solely by:

(1) A pharmacist licensed under chapter 461;

(2) A physician as defined in section 327E-2;

(3) A health care provider as defined in section 327E-2; or

(4) An authorized agent of a pharmacy, as defined in section 461-1, or of a health care institution, as defined in section 327E-2, operating under the direction of a licensed pharmacist or physician.

(b) The seller under subsection (a) shall provide the purchaser written educational material approved by the department of health under subsection (e) about prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes at sites where syringes are sold.

(c) The sale or purchase of sterile hypodermic syringes under subsection (a) shall not constitute an offense under section 329-43.5.

(d) Nothing in this section provides immunity from prosecution to any person who violates any law that prohibits or regulates the use, possession, dispensing, distribution, or promotion of controlled substances, dangerous drugs, detrimental drugs, or harmful drugs, including but not limited to violation of section 329-41, 329-42, or 712-1241 to 712-1249.6.

(e) The department of health shall produce and make available to pharmacies, physicians' offices, and health care institutions written educational material about prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes for distribution under subsection (b).

(f) For purposes of this section, "sell" or "sale" means to transfer to another for value or consideration. [L 2001, c 292, §1; am L 2004, c 151, §2]
Haw. Rev. Stat. § 342P-25 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-25
False statements.
Status: in_force

(a) Any person who knowingly makes a false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a misdemeanor.

(b) A person that is an organization, upon conviction of violating this section, shall be fined not more than $20,000. [L 1991, c 219, pt of §1]
Haw. Rev. Stat. § 334-4 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-4
Personnel for mental health program.
Status: in_force

The director shall appoint professional and nonprofessional staff as the director deems necessary to carry out the state mental health program and for which appropriations are available. Positions for psychiatrists are exempted from chapter 76. The director may employ psychiatrists as needed by the department on a contractual basis, subject to the approval of the governor. The director may appoint an administrator, three associate administrators, a director of psychosocial rehabilitation, a chief of the department of nursing, a risk manager, a patients' rights advisor, and a facilities plant engineer for the state hospital or a secure psychiatric rehabilitation facility established pursuant to this chapter and these positions shall be exempt from chapter 76.
Haw. Rev. Stat. § 321-225.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-225.5
Fall prevention and early detection coordinator.
Status: in_force

There is established within the emergency medical services and injury prevention system branch a fall prevention and early detection coordinator to coordinate the provision of public and private fall prevention and early detection services for the elderly .
Haw. Rev. Stat. § 342H-36.5 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-36.5
[ § 342H-36.
Status: in_force

[ § 342H-36.5] Leaf blower debris. (a) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow, dispel, or make airborne dust, leaves , grass cuttings, paper, trash, or any other type of unattached debris or material, beyond the boundaries of the parcel of property being cleaned, unless the consent of the adjoining owner or person in possession of the adjoining property is obtained.

(b) It shall be unlawful for any person to use or operate a leaf blower in such a way as to blow leaves, dirt, and other debris onto the public rights-of-way or onto private property not owned, leased, or controlled by the leaf blower operator or the employer or contractor of the leaf blower operator and to allow the debris to remain there in excess of thirty minutes.

(c) For purposes of this section:

"Leaf blower" shall have the same meaning as defined in section 342F-30.8.

"Parcel" means a legal lot of record. Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section. [L 2010, c 206, §2]
Haw. Rev. Stat. § 321-313 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-313
Definition of health care professional.
Status: in_force

A health care professional means a physician or osteopathic physician as licensed under chapter 453.
Haw. Rev. Stat. § 342J-10 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-10
Administrative penalties.
Status: in_force

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

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

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

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

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

(4) Good faith efforts to comply; and

(5) Any other matters that justice may require.

(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §5; am L 1995, c 180, §27]
Haw. Rev. Stat. § 333F-14 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-14
§§333F-14 to 333F-16 REPEALED.
Status: repealed

§§333F-14 to 333F-16 REPEALED. L 1995, c 189, §§18 to 20; L 1998, c 133, §5.
Haw. Rev. Stat. § 334-59 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-59
§ §334-59 and 334-59.
Status: repealed

§ §334-59 and 334-59.5 REPEALED. L 2025, c 219, §§27, 28.
Haw. Rev. Stat. § 340F-2 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-2
Classification.
Status: in_force

The board shall classify all public water systems, water treatment plants, and distribution systems, and shall define the terms "water treatment plant" and "distribution system". The classifications shall take due regard to size, complexity, and type of the water treatment facility or distribution system, character of water to be treated or distributed, and other physical conditions affecting such water treatment plants and distribution systems, and the skill, knowledge, and experience required of an operator.
Haw. Rev. Stat. § 329-54 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-54
Cooperative arrangements and confidentiality.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) The department of public safety shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may:

(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

(3) Cooperate with the Bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and

(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.

(b) Results, information, and evidence received from the Bureau relating to the regulatory functions of this chapter, including results of inspections conducted by it may be relied and acted upon by the department of public safety in the exercise of its regulatory functions under this chapter.

(c) A practitioner engaged in medical research is not required or compelled to furnish the name or identity of a research subject to the department of public safety, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative, or other proceedings to furnish the name or identity of any research subject that the practitioner is obligated to keep confidential unless the subject violates section 329-41 or 329-46 or commits an offense pursuant to part IV of chapter 712. [L 1972, c 10, pt of §1; gen ch 1985; am L 1990, c 281, §10; am L 1997, c 280, §5; am L 2016, c 218, §14]

§329-54 Cooperative arrangements and confidentiality. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] (a) The department of law enforcement shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may:

(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

(3) Cooperate with the Bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and

(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.

(b) Results, information, and evidence received from the Bureau relating to the regulatory functions of this chapter, including results of inspections conducted by it may be relied and acted upon by the department of law enforcement in the exercise of its regulatory functions under this chapter.

(c) A practitioner engaged in medical research is not required or compelled to furnish the name or identity of a research subject to the department of law enforcement, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative, or other proceedings to furnish the name or identity of any research subject that the practitioner is obligated to keep confidential unless the subject violates section 329-41 or 329-46 or commits an offense pursuant to part IV of chapter 712. [L 1972, c 10, pt of §1; gen ch 1985; am L 1990, c 281, §10; am L 1997, c 280, §5; am L 2016, c 218, §14 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 325-113 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-113
Operation of the program.
Status: in_force

(a) The program shall be operated for the purpose of:

(1) Preventing the transmission of the human immunodeficiency virus, hepatitis B virus, hepatitis C virus, and other bloodborne infections; and

(2) Providing drug users with referrals to appropriate health and social services.

(b) The program shall provide for maximum security of exchange sites and equipment, including a full accounting of the number of needles and syringes distributed, the number of needles and syringes in storage, the number of used needles and syringes collected, and any other measure that may be required to control the use and dispersal of sterile needles and syringes; provided that a syringe exchange participant may exchange used needles and syringes at any exchange site if more than one site is available.

(c) The program shall provide needs-based distribution of sterile needles and syringes.

(d) The program may provide screening procedures to allow non-injection drug users to safely and effectively receive services, exclusive of syringes and needles, from the program.

(e) The department and its designees shall keep records to identify and authorize program staff to have access to needles, syringes, or authorized objects, and the program's records.

(f) The program shall include services to:

(1) Educate the syringe exchange participant about the dangers of contracting bloodborne infections through needle- and other materials-sharing practices; and

(2) Offer substance use disorder treatment referral and counseling services to all syringe exchange participants and non-injection drug users.

(g) The program shall compile research data on behavioral changes; enrollment in substance use disorder treatment, counseling, and education programs; service provision; disease transmission; and other information that may be relevant and useful to assist in the planning and evaluation of efforts to combat the spread of bloodborne infections. [L 1992, c 152, pt of §2; am L 2025, c 106, §3]
Haw. Rev. Stat. § 334-162 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-162
Criteria for administrative authorization process.
Status: in_force

(a) A patient who is in the custody of the director and in a psychiatric facility may be ordered to receive medical treatment over the patient's objection through an administrative authorization process that includes the following due process safeguards:

(1) The facility shall give notice to the patient of the authorization process and the reasons for initiating the process;

(2) The administrative decision-maker, who shall be a psychiatrist with relevant clinical training and experience, and who is not involved with the current treatment of the patient, shall, after considering all relevant evidence, determine whether the criteria under section 334-161 are met;

(3) The patient shall have the right to attend the hearing, receive assistance from an advisor, cross examine witnesses, and present testimony, exhibits, and witnesses; and

(4) The patient shall have the right to appeal the decision of the administrative decision-maker.

(b) The administrative process described by this section is exempt from the contested case requirements of sections 91-8.5 to 91-15.

(c ) The department may adopt rules, pursuant to chapter 91, to effectuate this part. [L 2017, c 111, pt of §2, § 8; am L 2024, c 87, §13; am L 2025, c 219, § 24]
Haw. Rev. Stat. § 329B-4 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-4
Laboratory requirements.
Status: in_force

(a) All substance abuse testing performed in the State shall be performed by a testing laboratory licensed by the department for that purpose, or certified for substance abuse testing by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services, and approved by the director, except as provided in section 329B-5.5.

(b) Testing of samples from this State performed in another state shall be performed only by laboratories certified for substance abuse testing by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services, and approved by the director. No laboratory located outside of the State shall be licensed by the department to perform substance abuse testing.

(c) The director shall adopt rules governing:

(1) Standards for approval and licensure of qualified testing laboratories, and suspension and revocation of a license;

(2) Qualifications of laboratory personnel;

(3) Body component samples that are appropriate for substance abuse testing;

(4) Selection of medical review officers determined to be qualified by the department, and procedures to be followed by medical review officers in the reception, review, and interpretation of the results of laboratory tests requested by a third party;

(5) Procedures for taking samples that ensure privacy to the individuals tested and prevent or detect tampering with the sample;

(6) Methods of analysis and procedures to ensure reliable testing results, including standards for initial screening and confirmatory tests; provided that confirmatory tests for drugs or metabolites of drugs shall utilize a gas chromatograph with a mass spectrometer detector or other reliable methods approved by the director;

(7) Cutoff levels of alcohol, drugs, or the metabolites of drugs;

(8) Chain of custody procedures to ensure proper identification, labeling, and handling of the samples to be tested;

(9) Retention and storage procedures and durations to ensure availability of samples for retesting when necessary;

(10) Establishing fees for licensing of laboratories;

(11) Retention of substance abuse test information by the laboratory; and

(12) Procedures to ensure confidentiality of the substance abuse testing procedures and substance abuse test information.

(d) No laboratory shall be licensed to perform substance abuse testing in the State unless the laboratory participates in and continues to demonstrate satisfactory performance in drug proficiency testing as determined by the director. [L 1990, c 236, pt of §1; am L 1993, c 139, §1 and c 158, §3; am L 1999, c 206, §4]

Revision Note

Subsections redesignated.
Haw. Rev. Stat. § 342D-10 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-10
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 discharge of waste, any combination of discharges of waste, or any management practice that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the discharge of waste to immediately reduce or stop the discharge, or to reduce, stop, or change the management practice, 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. Management practices covered in this subsection are those for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution.

(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 §2; am L 1995, c 180, §10 and c 201, §2; am L 1999, c 193, §6]
Haw. Rev. Stat. § 338-20 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-20
Adoption.
Status: in_force

(a) In case of the adoption of any person born in the State, the department of health, upon receipt of a properly certified copy of the adoption decree, or certified abstract thereof on a form approved by the department, shall prepare a supplementary certificate in the name of the adopted person, as fixed or changed by the decree, and seal and file the original certificate of birth with the certified copy attached thereto.

(b) The registrar of births shall show on the supplemental birth certificate the names of parents as stated in the adoption decree pursuant to section 578-14.

(c) Any certified copy of final decree of adoption, or abstract thereof, of persons born in the State, rendered by courts of other states and territories subject to the jurisdiction of the United States, or courts of a foreign country, shall be considered properly certified when attested by the clerk of the court in which it was rendered with the seal of the court annexed, if there be a seal, together with a certificate of the presiding judge, chancellor, or magistrate that the attestation is in due form.

(d) If no original certificate of birth shall be on file with the department, the department may require such evidence as it deems necessary to establish the facts of birth before preparing a supplementary certificate in the new name of the adopted person; provided that no such certificate shall be filed unless it shall be satisfactorily established that the adopted person was born in the State.

(e) 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. Upon receipt of a certified copy of a court order setting aside a decree of adoption, the department shall restore the original certificate to its original place in the files. [L 1949, c 327, §24; RL 1955, §57-23; am L Sp 1959 2d, c 1, §19; HRS §338-20; am L 1978, c 50, §1; am L 1979, c 203, §2; am L 1980, c 153, §6 and c 232, §18; am L 1988, c 274, §2; am L 1990, c 338, §2]
Haw. Rev. Stat. § 323D-50 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-50
Certificates of need, penalties.
Status: in_force

(a) Any person who violates any provision of this part, or rules thereunder, with respect to the requirement for certificate of need shall be guilty of a misdemeanor for each seven-day period or fraction thereof that the violation continues. Each subsequent seven-day period shall constitute a separate offense.

(b) Any license to operate a health facility may be revoked or suspended by the department of health at any time in a proceeding before the department for any person proceeding with an action covered under section 323D-43 without a certificate of need. If any such license is revoked or suspended by the department, the holder of the license shall be notified in writing by the department of the revocation or suspension. Any license to operate a health facility that has been revoked under this section shall not be restored except by action of the department.

(c) Any person who violates any provision of this chapter or rules adopted under this chapter, with respect to the agency's requests for reporting, may be subject to an administrative penalty not to exceed $2,000 for each seven-day period or fraction thereof that the violation continues. The administrator of the state agency may impose the administrative penalty specified in this section by order; provided that no penalty shall be assessed unless the person charged shall have been given notice and an opportunity for a hearing pursuant to chapter 91. The administrative penalty contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person charged makes a written request for a hearing. 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 that the penalty remains unpaid. [L 1975, c 159, pt of §2; ren and am L 1977, c 178, pt of §2; am L 1997, c 336, §12]
Haw. Rev. Stat. § 342D-88 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-88
Revenue bonds; authorization.
Status: in_force

(a) The director of health, with the approval of the governor and the [director of finance], may issue revenue bonds at such times and in such amount or amounts, not to exceed $250,000,000 in aggregate principal, as may be necessary to carry out the purposes of this part.

(b) All such bonds shall be issued pursuant to part III of chapter 39, except as provided in this part.

(c) The resolution or certificate providing for the issuance of the bonds may provide that all or part of the proceeds of the bonds shall be deposited in the revolving fund, where the proceeds shall be held and invested in a separate account or accounts until used in accordance with section 342D-84. [L 1997, c 221, pt of §1]
Haw. Rev. Stat. § 321-16.6 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-16.6
Therapeutic living programs.
Status: in_force

(a) All therapeutic living programs shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.

(b) The director shall adopt rules regarding therapeutic living programs in accordance with chapter 91 that shall be designed to:

(1) Comply with applicable federal laws and regulations; and

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

(c) For the purposes of this section, "therapeutic living program" means a supervised living arrangement that provides mental health, substance abuse services, or supportive services for individuals or families who do not need the structure of a special treatment facility and are transitioning to independent living. The program aids residents in meeting basic needs and provides supportive services through a required service plan. [L 2005, c 139, pt of §2]
Haw. Rev. Stat. § 334-16 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-16
Annual report; forensic patient data.
Status: in_force

The department of health shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session which, at a minimum, shall summarize yearly data on forensic patients, including:

(1) Gross numbers for admissions to and discharges from the Hawaii state hospital;

(2) The number of admissions to, discharges from, and lengths of stays in the Hawaii state hospital, broken down by the following commitment categories:

(A) Original order under section 704-411(1)(a);

(B) Pending examination under section 704-411(3);

(C) Maximum seventy-two-hour recommitment pending examination under section 704-413(1);

(D) Original order under section 704-404; and

(E) Original order under section 704-406;

(3) Number of persons committed to the Hawaii state hospital by each court and county;

(4) Gross lengths of stay in the Hawaii state hospital for:

(A) Patients discharged during the fiscal year; and

(B) Individuals remaining as inpatients at the end of the fiscal year; and

(5) Number of patients in the Hawaii state hospital on forensic status, broken down by categories of underlying crimes, such as by crimes against the person, sex offenses, and property crimes, and by grade of offense. [L 2008, c 100, §2]
Haw. Rev. Stat. § 329-43 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-43
Penalties under other laws.
Status: in_force

Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
Haw. Rev. Stat. § 333F-8 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-8
Rights of persons with developmental or intellectual disabilities.
Status: in_force

(a) Persons with developmental or intellectual disabilities shall have the following rights:

(1) To receive the least restrictive, individually appropriate services, including a program of activities outside the residence in accordance with the person's individualized service plan;

(2) To reside in the least restrictive, individually appropriate residential alternative located as close as possible to the person's home community within the State;

(3) To the extent it is individually appropriate as decided after due consideration afforded the preferences of the person with developmental or intellectual disabilities, to:

(A) Interact with persons without disabilities in a nontreatment, nonservice-oriented setting;

(B) Live with, or in close proximity to, persons without disabilities; and

(C) Live in a setting which closely approximates those conditions available to persons without disabilities of the same age;

(4) To reasonable access to review medical, service, and treatment files and to be informed of diagnoses;

(5) To develop a plan with the input of family and friends that identifies the supports needed to accomplish the plan rather than purchase a program;

(6) To control, with the help of family and friends as necessary, an identified amount of dollars to accomplish the plan;

(7) To direct the provision of resources, both paid and unpaid, that will assist an individual with a disability to live a life in the community rich in community association and contribution;

(8) To a valued role in the community through employment, participation in community activities, volunteering, including being accountable for spending public dollars in ways that are life enhancing; and

(9) To privacy and confidentiality, to the extent possible, in connection with services provided to the person.

(b) Rights listed in this chapter shall not be construed to replace or limit any other rights, benefits, or privileges, including other statutory and regulatory due process rights and protections, to which a person with a developmental or intellectual disability may be entitled.

(c) The enumeration or granting of these rights does not guarantee the provision of services. [L 1987, c 341, pt of §2; am L 1995, c 189, §7; am L 1998, c 133, §4; am L 2011, c 220, §13]
Haw. Rev. Stat. § 330-9 — HI Code / Division 1 / Title 19 / Chapter 330 / Section 330-9
Penalty.
Status: in_force

Any person who violates section 330-8 shall, upon conviction, be punished by a fine not exceeding $100 or by imprisonment not exceeding three months, or by both.
Haw. Rev. Stat. § 333F-18 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-18
Rules.
Status: in_force

The director, in consultation with the state council on developmental disabilities, private agencies, users of services under this chapter, and other interested parties, shall adopt rules pursuant to chapter 91 necessary or appropriate to carry out this chapter, which shall include but not be limited to:

(1) Establishment of eligibility requirements for participation in services provided under this chapter;

(2) Establishment of standards of transfer from one facility to another;

(3) Provision for the involvement of the person and, where appropriate, the parents, guardian, or other representatives of the person in the determination of eligibility under this chapter, the preparation of the person's individualized service plan, and the selection or rejection of services under this chapter;

(4) Protection and enhancement of the rights of persons receiving or applying for services under this chapter, including the right to privacy and confidentiality;

(5) A fair, timely, and impartial grievance procedure to provide administrative due process and recourse for persons aggrieved by any action or failure to act on the part of the department under this chapter; and

(6) Other provisions required or appropriate to implement the purposes of this chapter. [L 1987, c 341, pt of §2; am L 2001, c 175, §7]
Haw. Rev. Stat. § 342B-51 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-51
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. § 339 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339
‑8 Penalties.
Status: in_force

§339‑8 Penalties. (a) Except as otherwise provided by this chapter, any person violating any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation, and shall be fined not less than $100, and not more than $500 for each offense, and ordered to pick up and remove litter from a public place under the supervision of the director as follows:

(1) For the first offense, the violator shall spend four hours of either picking up litter or performing community service; and

(2) For any subsequent offense, the violator shall spend eight hours of either picking up litter or performing community service.

(b) If the environmental court judges the violator to be incapable of litter removal and pick up, the environmental court may provide some other community work as it deems appropriate. All persons who are caught littering shall be required to remove the litter that they caused or shall be liable for the costs of removing that litter. [L Sp 1977 1st, c 2, pt of §2; am L 1979, c 60, §4; am L 1985, c 139, §1; am L 1991, c 157, §10; am L 1992, c 116, §2; am L 2006, c 158, §3; am L 2014, c 218, §8]
Haw. Rev. Stat. § 336-3 — HI Code / Division 1 / Title 19 / Chapter 336 / Section 336-3
Resident defined.
Status: in_force

A person shall be deemed to be a resident of the State within the meaning of this part who has lived continuously in the State for a period of one year and who has not acquired a residence in another state by living continuously therein for at least one year subsequent to the person's residence in the State; provided that the time spent in a public institution or on parole therefrom shall not be counted in determining the matter of residence in this or another state. In determining the residence of a minor patient at the hospital, due consideration shall be given to the residence of the parents of the patient, and if either one or both parents of the minor patient are residents of the State the patient shall also be deemed a resident of the State.
Haw. Rev. Stat. § 342J-41 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-41
Technical assistance to generators.
Status: in_force

(a) The department shall establish a technical assistance program for generators of hazardous waste in the State. The program shall be designed to assist generators in obtaining information concerning hazardous waste management:

(1) To identify and apply methods of reducing the generation of hazardous wastes;

(2) To facilitate improved management of hazardous waste and compliance with the department's requirements; and

(3) For other similar purposes.

The program shall emphasize assistance to the smaller businesses and small quantity generators that have limited technical and financial resources for obtaining information, assessing hazardous waste management methods, and developing and applying hazardous waste reduction techniques. Information and techniques developed under this program shall be made available to all generators in the State.

(b) The assistance program shall include at least the following elements:

(1) Outreach programs, including on-site consultation at locations where hazardous waste is generated, seminars, workshops, training programs, and other similar activities designed to assist generators in evaluating their hazardous waste generation and management practices, identifying opportunities for waste reduction and improved management, and identifying subjects that require additional information and research;

(2) A program to assemble, catalog, and disseminate information about hazardous waste reduction and management methods, available commercial waste management facilities and consultant services, and regulatory programs;

(3) Evaluation and interpretation of information needed by generators to improve their management of hazardous waste; and

(4) Informational and technical research to identify alternative technical solutions that can be applied by specific generators to reduce the generation of hazardous waste.

(c) The program shall be coordinated with other public and private programs that provide management and technical assistance to smaller businesses and small quantity generators, including any program operated by a public or private educational institution. [L 1989, c 212, pt of §5]
Haw. Rev. Stat. § 342G-104 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-104
Deposit into deposit beverage container deposit special fund; use of funds.
Status: in_force

(a) There is established in the state treasury the deposit beverage container deposit special fund, into which shall be deposited:

(1) All revenues generated from the deposit beverage container fee as described under sections 342G-102 and 342G-105;

(2) All revenues generated from the deposit beverage container deposit as described under sections 342G-105 and 342G-110; and

(3) All accrued interest from the fund.

(b) Moneys in the deposit beverage container deposit special fund shall be used to reimburse refund values and pay handling fees to redemption centers. The department may also use the money to:

(1) Fund administrative, audit, and compliance activities associated with collection and payment of the deposits and handling fees of the deposit beverage container program;

(2) Conduct recycling education and demonstration projects;

(3) Promote recyclable market development activities;

(4) Support the handling and transportation of the deposit beverage containers to end-markets;

(5) Hire personnel to oversee the implementation of the deposit beverage container program, including permitting and enforcement activities; and

(6) Fund associated office expenses.

(c) Any funds that accumulate in the deposit beverage container deposit special fund shall be retained in the fund unless determined by the legislature to be in excess. [L 2002, c 176, pt of §2; am L 2004, c 241, §4; am L 2005, c 228, §§3, 6(1); am L 2006, c 231, §2; am L 2009, c 79, §3]
Haw. Rev. Stat. § 325-53 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-53
Reports of blood tests.
Status: in_force

In reporting a birth or fetal death, every physician or other person required to make such reports shall state, in a report accompanying the certificate, whether, according to the physician's or other person's knowledge or information, a blood test for syphilis has been made upon a specimen of blood taken from the woman who bore the child for which the birth or stillbirth certificate is filed and the approximate date when the specimen was taken. The department of health may investigate the circumstances surrounding the birth of any baby on whose mother no serologic test, as required by this part, appears to have been taken. Failure on the part of any physician or other person permitted by law to attend pregnant women to comply with this part may be punished by an administrative fine in an amount not to exceed $1,000 per violation, to be assessed by the director of health. The director of health is authorized to impose the penalty pursuant to this section.
Haw. Rev. Stat. § 321-506 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-506
Immunity from liability.
Status: in_force

All agencies and individuals participating in multidisciplinary and multiagency mortality reviews of deaths of persons with developmental or intellectual disabilities pursuant to this part shall not be held civilly or criminally liable for providing the information required under this part.
Haw. Rev. Stat. § 321-512 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-512
Compassionate care.
Status: in_force

(a) Any hospital at which a female sexual assault victim presents for emergency services shall:

(1) Provide any female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception;

(2) Orally inform each female sexual assault victim of the option to receive emergency contraception at the hospital;

(3) When medically indicated, offer emergency contraception to each female sexual assault victim;

(4) Dispense a complete course of emergency contraception to each female sexual assault victim who accepts or requests it; and

(5) Ensure that providers who may prescribe or administer emergency contraception shall be trained to provide a female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception and sexual assault treatment options and access to emergency contraception.

(b) No hospital shall deny a female sexual assault victim emergency contraception based on a refusal to undergo a forensic examination or a refusal to report the alleged sexual assault to law enforcement.

(c) No hospital shall be required to dispense emergency contraception to a female sexual assault victim who has been determined to be pregnant through the administration by the hospital staff of a pregnancy test approved by the United States Food and Drug Administration.

(d) If private insurance is not or cannot be utilized for payment, the cost of any emergency contraception dispensed pursuant to this part shall be paid by the department of human services. [L 2013, c 27, pt of §2]
Haw. Rev. Stat. § 321-15.7 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15.7
Penalty.
Status: in_force

Any person who intentionally operates an adult residential care home or hospice home without a license shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 328D-8 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-8
Rules.
Status: in_force

The director shall adopt rules pursuant to chapter 91 to implement this chapter.
Haw. Rev. Stat. § 321-199 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-199
[ §321-199] Alcohol and drug abuse division; homeless triage and treatment center program; establishment.
Status: in_force

[ §321-199] Alcohol and drug abuse division; homeless triage and treatment center program; establishment . (a) The department shall establish a homeless triage and treatment center program within the alcohol and drug abuse division that focuses on serving homeless individuals and individuals at risk of homelessness with substance abuse issues or mental illness.

(b) The homeless triage and treatment center program shall:

(1) Provide access to emergency food, shelter, housing navigation, and supportive services;

(2) Collaborate with existing homeless outreach and case management services;

(3) Provide medical assessments;

(4) Provide substance abuse treatment and detoxification services;

(5) Provide behavioral health services; and

(6) Provide trauma-informed, cultural-based life skills groups for participants to maximize engagement and retention.

(c) The alcohol and drug abuse division shall work in cooperation with local hospitals, rehabilitation facilities, law enforcement agencies, and homeless service providers in establishing the homeless triage and treatment center program.

(d) The alcohol and drug abuse division may contract with facilities that provide comprehensive triage services to homeless individuals suffering from substance abuse issues or mental illness to carry out the homeless triage and treatment center program. [L 2025, c 299, §1]
Haw. Rev. Stat. § 329-70 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-70
Forfeiture.
Status: in_force

(a) Precursor chemicals that are possessed, transferred, sold, or offered for sale in violation of this part shall be subject to seizure and forfeiture as provided in chapter 712A.

(b) All conveyances, including aircraft, vehicles, or vessels that are used, or intended for use, to transport or in any manner facilitate the transportation of precursor chemicals for a purpose that would constitute a violation of section 329-65(c) or (d), shall be subject to seizure and forfeiture as provided in chapter 712A.

(c) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for any of the substances listed in section 329-61 that facilitate any violation of section 329-65(c) or (d), and all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of section 329-65(c) or (d), shall be subject to seizure and forfeiture as provided in chapter 712A. [L 1990, c 200, pt of §1; am L 2008, c 185, §1]
Haw. Rev. Stat. § 329-104 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-104
Confidentiality of information; disclosure of information.
Status: in_force

(a) The information collected under this part shall not be available to the public or used for any commercial purpose. Ownership of all data collected shall reside with the State.

(b) Responsibility for limiting access to information in the system is vested in the administrator. Access to the information collected at the central repository pursuant to this part shall be confidential, and access to the information shall be limited to personnel of the designated state agency.

(c) This section shall not prevent the disclosure, at the discretion of the administrator, of investigative information to:

(1) Law enforcement officers, investigative agents of federal, state, or county law enforcement or regulatory agencies, United States attorneys, county prosecuting attorneys, or the attorney general; provided that the administrator has reasonable grounds to believe that the disclosure of any information collected under this part is in furtherance of an ongoing criminal or regulatory investigation or prosecution;

(2) Registrants authorized under chapters 448, 453, and 463E who are registered to administer, prescribe, or dispense controlled substances and their practitioner delegate; provided that the information disclosed relates only to the registrant's own patient;

(3) Pharmacists or pharmacist delegates, employed by a pharmacy registered under section 329-32, who request prescription information about a customer relating to a violation or possible violation of this chapter;

(4) Other state-authorized governmental prescription-monitoring programs;

(5) The chief medical examiner or licensed physician designee who requests information and certifies the request is for the purpose of investigating the death of an individual;

(6) Qualified personnel for the purpose of bona fide research or education; provided that data elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or redacted from the information prior to disclosure; provided further that release of the information may be made only pursuant to a written agreement between qualified personnel and the administrator in order to ensure compliance with this subsection;

(7) Other entities or individuals authorized by the administrator to assist the program with projects that enhance the electronic prescription accountability system;

(8) Authorized employees of the State of Hawaii department of health alcohol and drug abuse division and the emergency medical services and injury prevention system branch; and

(9) The United States Department of Defense health agency prescription monitoring program.

Information disclosed to a registrant, pharmacist, or authorized government agency under this section shall be transmitted by a secure means determined by the designated agency.

(d) No person shall knowingly disclose or attempt to disclose, or use or attempt to use, information in the system in violation of this section. Any person who violates this section is guilty of a class C felony.

(e) The designated state agency shall purge or cause to be purged from the central repository system, no later than five years after the date a patient's prescription data are made available to the designated state agency, the identification number of the patient, unless the information is part of an active investigation. [L 1996, c 268, pt of §2; am L 1999, c 145, §1; am L 2001, c 162, §1; am L 2006, c 69, §6; am L 2009, c 11, §42; am L 2010, c 123, §8; am L 2016, c 218, §17; am L 2019, c 230, §1]
Haw. Rev. Stat. § 326-33 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-33
Damien Memorial Chapel.
Status: in_force

The Father Damien Memorial Chapel at Kalawao, Molokai, and the premises and graveyard thereof are hereby declared to be a public memorial to Father Damien.
Haw. Rev. Stat. § 334-15 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-15
Mental health and substance abuse special fund; established.
Status: in_force

(a) There is established a special fund to be known as the mental health and substance abuse special fund into which shall be deposited all revenues and other moneys collected from certification programs and treatment services rendered by the mental health and substance abuse programs operated by the State. Notwithstanding any other law to the contrary, the department is authorized to establish separate accounts within the special fund for depositing moneys received from certification programs and from each mental health and substance abuse program. Moneys deposited into the respective accounts of each program shall be used for the payment of the operating expenses of the respective program.

(b) The director shall submit a report to the legislature, not later than twenty days prior to the convening of each regular session, which identifies for each account in the special fund, the account balance and ceiling increase, any transfers and expenditures made, and the purposes of the expenditures. [L 1991, c 243, §1; am L 1995, c 214, §2]
Haw. Rev. Stat. § 328-98 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-98
Pharmacist liability.
Status: in_force

A pharmacist who selects an equivalent generic drug product or an interchangeable biological product pursuant to this part assumes no greater liability for selecting the dispensed drug product than would be incurred in filling a prescription for a drug product prescribed by its established name.
Haw. Rev. Stat. § 342D-108 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-108
Exemption for vessels in innocent passage.
Status: in_force

This part does not apply to a commercial passenger vessel that operates in the marine waters of the State solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in marine waters of the State, regardless of whether the vessel is a United States or foreign-flag vessel, would constitute innocent passage under the United Nations Convention on the Law of the Sea 1982, December 10, 1982, United Nations Publication No. E.83.V.5, 21 I.L.M. 1261 (1982), were the vessel a foreign-flag vessel.
Haw. Rev. Stat. § 342D-111 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-111
Alternative terms and conditions of vessel discharges.
Status: in_force

(a) The department may establish alternative terms and conditions of vessel discharges applicable to an owner or operator of a vessel who cannot practicably comply with the standard terms and conditions of vessel discharges under sections 342D-102, 342D-103, 342D-104, and 342D-106 or who wishes to use or test alternative environmental protection equipment or procedures. Except as specified in alternative terms and conditions set by the department under this subsection, the alternative terms and conditions of vessel discharges must require compliance with the standard terms and conditions of vessel discharges under sections 342D-102, 342D-103, 342D-104, and 342D-106. The department, on a case-by-case basis, may set alternative terms and conditions of vessel discharges if:

(1) The vessel owner or operator demonstrates to the department's reasonable satisfaction that equivalent environmental protection can be attained through other terms or conditions appropriate for the specific configuration or operation of the vessel;

(2) The vessel owner or operator agrees to make necessary changes to the vessel to allow it to comply with the standard terms and conditions of vessel discharges under sections 342D-102, 342D-103, 342D-104, and 342D-106 but demonstrates to the department's reasonable satisfaction that additional time is needed to make the necessary changes; or

(3) An experimental technology or method for pollution control of a discharge is being used or is proposed as one of the alternative terms and conditions of vessel discharges, and the department determines that the experimental technology or method has a reasonable likelihood of success in providing increased protection for the environment.

(b) Alternative terms and conditions of vessel discharges approved by the department under subsection (a), if determined appropriate by the department, may include a waiver by the department of portions of the requirements of sections 342D-102, 342D-103, and 342D-104 for the time period that the department determines to be appropriate. [L 2005, c 217, pt of §1]
Haw. Rev. Stat. § 328-47 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-47
Cold stored goods to be labeled; sales of.
Status: in_force

It shall be unlawful to sell or to offer for sale uncooked articles of food, which have been cold stored without notifying persons purchasing, or intending to purchase, the same that they have been kept in cold storage by the display, in a conspicuous place and upon the articles of food, of a sign marked, "These are cold stored goods", in large, plain type; and it shall be unlawful to represent or advertise as fresh goods, articles of food which have been placed in cold storage.
Haw. Rev. Stat. § 342F-18 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-18
Enforcement by state and county authorities.
Status: in_force

All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department.
Haw. Rev. Stat. § 328E-5 — HI Code / Division 1 / Title 19 / Chapter 328E / Section 328E-5
Misdemeanor.
Status: in_force

[§328E-5 Misdemeanor.] Whosoever violates any provision of this chapter shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 323D-18 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-18
Information required of providers.
Status: in_force

Providers of health care doing business in the State shall submit such statistical and other reports of information related to health and health care as the state agency finds necessary to the performance of its functions. The information deemed necessary includes but is not limited to:

(1) Information regarding changes in the class of usage of the bed complement of a health care facility under section 323D-54(9);

(2) Implementation of services under section 323D-54;

(3) Projects that are wholly dedicated to meeting the State's obligations under court orders, including consent decrees, under section 323D-54(10);

(4) Replacement of existing equipment with an updated equivalent under section 323D-54(11);

(5) Primary care clinics under the expenditure thresholds under section 323D-54(12); and

(6) Equipment and services related to that equipment, that are primarily intended for research purposes as opposed to usual and customary diagnostic and therapeutic care. [L 1977, c 178, pt of §2; am L 1997, c 336, §6]
Haw. Rev. Stat. § 322-32 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-32
Notice and recording of lien.
Status: in_force

Whenever work or improvement is done or completed by the comptroller, the comptroller shall record in the office of the registrar of conveyances a notice of the cost of the work so done or completed and a brief description of the land on which the same is a charge, together with the name of the last known owner, and shall also serve a copy of the notice upon such owner in the manner provided in section 322-24.
Haw. Rev. Stat. § 342L-8 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-8
Enforcement.
Status: in_force

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

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

(2) Issue an order requiring compliance immediately or within a specified time; or

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

(b) Any order issued pursuant to this section may include a suspension, modification, or revocation of any permit or variance issued under this chapter, and shall state with reasonable specificity the nature of the violation. Any administrative penalties assessed in the order shall be in accordance with section 342L-11.

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

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

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

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

(1) Notice was given;

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

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid.

(f) In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties.

(g) All penalties shall be deposited to the credit of the leaking underground storage tank fund established in section 342L-51. [L 1989, c 212, pt of §6; am L 1990, c 298, §14; am L 1992, c 259, §10; am L 1995, c 180, §30; am L 2014, c 218, §8]