Haw. Rev. Stat. § 333E-4 — HI Code / Division 1 / Title 19 / Chapter 333E / Section 333E-4
Membership on the state council.
Status: in_force

The state council shall consist of voting members as described in federal law, for staggered terms. The members of the council shall be residents of the State. The council shall at all times include in its membership six representatives from the neighbor islands with a minimum of one representative from Hawaii, Kauai, and Maui county and representatives of the following, unless these programs are no longer in existence in the State: state entities that administer funds provided under federal law relating to individuals with disabilities, including the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), and Titles V and XIX of the Social Security Act (42 U.S.C. 701 et seq. and 1396 et seq.), university centers for excellence in developmental disabilities education, research, and service, and the state protection and advocacy system, and local and nongovernmental agencies, and private nonprofit groups concerned with services for individuals with developmental disabilities in this State.

(1) Not less than sixty per cent of the membership of the council shall consist of individuals who are:

(A) Individuals with developmental disabilities or their parents; or

(B) Immediate relatives or guardians of such persons, and who are not employees of a state agency which receives funds or provides services under the state council, or managing employees, or persons with an ownership or controlling interest of any other entity which receives funds or provides services under the state council;

(2) Of the members of the council described in paragraph (1):

(A) At least one-third shall be individuals with developmental disabilities; and

(B) At least one-third shall be immediate relatives or guardians of such person, of which at least one shall be an immediate relative or guardian of an institutionalized individual with developmental disabilities; and

(3) The members of the state council shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties under this chapter. [L 1975, c 198, §4; am L 1979, c 180, pt of §1; am L 1983, c 121, §2; am L 1986, c 45, §1; am L 2001, c 175, §4]
Haw. Rev. Stat. § 321-487 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-487
Referral or transfers to uncertified or unlicensed care facility; penalty.
Status: in_force

(a) It shall be unlawful for any person, corporation, or entity to knowingly refer or transfer patients to an uncertified or unlicensed care facility. The department may impose a fine on any person, corporation, or entity that knowingly refers or transfers patients to a care home, agency, or facility operating without a certificate or license as required by law; provided that "knowingly" includes but is not limited to failing to determine whether the care home, agency, or facility has the required certificate or license; provided further that the fine shall be not more than:

(1) $500 for the first violation;

(2) $1,000 for the second violation; and

(3) $2,000 for the third and each succeeding violation.

(b) Notwithstanding subsection (a) to the contrary, the healthcare provider or healthcare facility shall not be fined under this section if:

(1) A patient or anyone authorized to make decisions on behalf of the patient requests to be transferred to an uncertified or unlicensed care facility;

(2) The care facility becomes uncertified or unlicensed after a referral or transfer; or

(3) The healthcare provider or healthcare facility refers or transfers a patient in good faith to a care facility, without actual proof or knowledge that the care facility is uncertified or unlicensed. [L 2018, c 148, pt of §1; am L 2023, c 255, §2]
Haw. Rev. Stat. § 323F-54 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-54
Real property; terms and conditions.
Status: in_force

(a) The corporation shall enter into a fixed-term lease with the private entity or its nonprofit management entity to rent the real property, including all improvements and fixtures on the property, of the Maui regional system facility or facilities that is to be transferred to the private entity or its nonprofit management entity under this part.

(b) At minimum, the lease shall include the following terms and conditions:

(1) The lease shall not be terminated other than for good cause and upon a minimum of three hundred sixty-five days prior written notice to ensure that the delivery of health care services to the community served will not be disrupted;

(2) During the term of the lease, the private entity or its nonprofit management entity shall have exclusive control of all matters related to the management, operation, and provision of health care services in the leased facilities, except as otherwise set forth in the lease;

(3) The responsibility to oversee the performance of the terms and conditions of the lease by the private entity or its nonprofit management entity shall rest with the Maui regional system board as the custodial caretaker of the real property under section 323F-3.5; and

(4) The corporation or the State shall retain ownership of the leased property throughout the term of the lease. [L 2015, c 103, pt of §2]
Haw. Rev. Stat. § 342J-16 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-16
Intervention.
Status: in_force

Any individual shall have the right to intervene in any civil action to enforce the provisions of this chapter provided the individual has an interest which is, or may be, adversely affected.
Haw. Rev. Stat. § 328-113 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-113
Rules.
Status: in_force

(a) The department may adopt such rules as may be necessary to carry out the purposes and enforce the provisions of this part and to implement the requirements of 21 Code of Federal Regulations Part 205, including minimum requirements for the storage and handling of wholesale prescription drugs; the keeping of records regarding their receipt and distribution; written policies and procedures for wholesale prescription drug distributors; and the salvaging and reprocessing of prescription drugs. All rules adopted under this part shall meet or exceed the requirements of the wholesale prescription drug distributor guidelines contained in 21 Code of Federal Regulations Part 205, and in case of conflict between any rule adopted under this part and the provisions of 21 Code of Federal Regulations Part 205, the more stringent provision shall prevail.

(b) The director may, without regard to chapter 91, adopt standards regarding conditions and temperatures for the storage of prescription drugs by reference to the provisions of an official compendium such as the United States Pharmacopeia/National Formulary (USP/NF), as updated from time to time. [L 1992, c 196, pt of §2]
Haw. Rev. Stat. § 328-31 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-31
Injunctive relief.
Status: in_force

The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this part or any rule adopted to implement this part. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 342D-38 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-38
Hazardous substance defined.
Status: in_force

For the purpose of this part, the term "hazardous substance" means:

(1) Any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution Control Act, as amended (FWPCA);

(2) Any element, compound, mixture, solution, or substance designated pursuant to section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980;

(3) Any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress);

(4) Any toxic pollutant listed under section 307(a) of the FWPCA; and

(5) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the Toxic Substances Control Act. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 321-32 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-32
Epidemiological specialists.
Status: in_force

Notwithstanding any other law to the contrary, epidemiological specialists may perform blood collection by venipuncture or capillary puncture and other methods of specimen collection, excluding catheterization, when employed by or acting as an agent of the department and when done under the direct or indirect supervision of a physician or osteopathic physician licensed pursuant to chapter 453.
Haw. Rev. Stat. § 342D-109 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-109
Activities of the department.
Status: in_force

The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the State:

(1) Direct in-water monitoring of discharges or releases of sewage and direct monitoring of the opacity of air emissions from those vessels;

(2) Monitoring and studying of direct or indirect environmental effects of those vessels; and

(3) Researching ways to reduce effects of those vessels on marine waters and other coastal resources. [L 2005, c 217, pt of §1]
Haw. Rev. Stat. § 325-93 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-93
Hepatitis prevention program.
Status: in_force

(a) The department may establish and administer a hepatitis prevention program to prevent morbidity and mortality among Hawaii residents due to hepatitis B and hepatitis C.

(b) The hepatitis prevention program shall prioritize:

(1) Hepatitis a wareness and education;

(2) Increasing access to services;

(3) Assuring health equity and addressing the social determinants of health as they relate to hepatitis; and

(4) The collection, analysis, and reporting of relevant data to support hepatitis prevention and treatment. [L 2025, c 114, pt of §2]
Haw. Rev. Stat. § 3 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 3
21-544] License fee.
Status: in_force

The department may assess a license fee of no more than $350 on each durable medical equipment supplier who receives a license pursuant to section 321-543. The license fee collected shall be deposited into the office of health care assurance special fund pursuant to section 321-1.4.
Haw. Rev. Stat. § 327H-1 — HI Code / Division 1 / Title 19 / Chapter 327H / Section 327H-1
Pain patient's bill of rights; findings.
Status: in_force

The legislature finds that:

(1) Inadequate treatment of severe acute pain and severe chronic pain originating from cancer or noncancerous conditions is a significant health problem;

(2) For some patients, pain management is the single most important treatment a physician can provide;

(3) A patient who suffers from severe acute pain or severe chronic pain should have access to proper treatment of pain;

(4) Due to the complexity of their problems, many patients who suffer from severe acute pain or severe chronic pain may require referral to a physician with expertise in the treatment of severe acute pain and severe chronic pain. In some cases, severe acute pain and severe chronic pain is best treated by a team of clinicians to address the associated physical, psychological, social, and vocational issues;

(5) In the hands of knowledgeable, ethical, and experienced pain management practitioners, opiates administered for severe acute pain or severe chronic pain can be safe; and

(6) Opiates may be part of an overall treatment plan for a patient in severe acute pain or severe chronic pain who has not obtained relief from any other means of treatment. [L 2004, c 189, pt of §1]
Haw. Rev. Stat. § 334-60.4 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-60.4
Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary hospitalization.
Status: in_force

(a) The court shall set a hearing on the petition and notice of the time and place of the hearing shall be served in accordance with, and to those persons specified in, a current order of commitment. If there is no current order of commitment, notice of the hearing shall be served personally on the subject of the petition and served personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, on the subject's spouse or reciprocal beneficiary, legal parents, adult children, surrogate, and legal guardian. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult child, surrogate, or legal guardian, or if none can be found, notice of the hearing shall be served on at least one of the subject's closest adult relatives, if any can be found. N otice of the hearing to the subject's spouse or reciprocal beneficiary, legal parents, adult children, or closest adult relative may be waived if the subject of the petition is an adult and requests that these persons not be notified. Notice of the hearing shall also be served on the public defender, attorney for the subject of the petition, or other court-appointed attorney. If the subject of the petition is a minor, notice of the hearing shall also be served upon the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition, if that person can be found within the State. Notice shall also be given to other persons as the court may designate.

(b) The notice shall include the following:

(1) The date, time, and place of the hearing; a clear statement of the purpose of the proceedings and of possible consequences to the subject of the petition; and a statement of the legal standard upon which commitment is authorized;

(2) A copy of the petition;

(3) A statement, in plain and simple language, that the subject may waive the hearing by voluntarily agreeing to hospitalization or, with the approval of the court, to some other form of treatment;

(4) A filled-out form indicating the waiver;

(5) A statement, in plain and simple language, that the subject or the subject's surrogate, guardian, or representative may apply at any time for a hearing on the issue of the subject's need for hospitalization, if the subject has previously waived such a hearing;

(6) A statement that the subject is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings; and

(7) A statement that if the subject does not want to be represented by the public defender, the subject may contact the subject's own attorney.

(c) If the subject of the petition executes and files a waiver of the hearing, upon acceptance by the court following a court determination that the subject understands the subject's rights and is competent to waive them, the court shall order the subject to be committed to a facility that has agreed to admit the subject as an involuntary patient or, if the subject is at such a facility, that the subject be retained there.

(d) Notice of adjournments, continuances, other delays, dates of rescheduled hearings, and waivers of the hearing under subsection (c) shall also be served on the persons specified in subsection (a). [L 1984, c 188, pt of §3; gen ch 1985; am L 1997, c 383, §46; am L 2004, c 161, §36; am L 2018, c 144, §4; am L 2025, c 219, §8]
Haw. Rev. Stat. § 321-352 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-352
Early intervention services for infants and toddlers with special needs.
Status: in_force

The department may develop a statewide, coordinated, multidisciplinary program which contains a continuum of services to meet the needs of infants and toddlers with special needs. The department shall be the lead agency for the coordination of federal and state funding for those programs. Pursuant to chapter 103F, the department may purchase services appropriate to carry out activities under this part.
Haw. Rev. Stat. § 323F-8 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-8
Chief executive officer; exempt positions.
Status: in_force

(a) The corporation board may appoint, by majority vote of its entire membership, a chief executive officer of the corporation whose salary shall be set by the corporation board and who shall be exempt from chapter 76 and section 26-35(a)(4). The chief executive officer may also appoint up to eighteen other personnel, exempt from chapters 76 and 89, to work directly for the chief executive officer and the corporate board.

(b) The corporation board or its designee may discharge its exempt personnel with or without cause; provided that removal without cause shall not prejudice any contract rights of personnel.

The discharge of the chief executive officer shall require a majority vote of the entire membership of the corporation board.

(c) The corporation's chief executive officer or the chief executive officer's designee may appoint, exempt from chapters 76 and 89, hospital administrators, assistant administrators, directors of nursing, medical directors, and staff physicians, to facilitate the management of facilities within the corporation; provided that directors of nursing appointed before July 1, 1998, may maintain their civil service status as provided in chapter 76 by so communicating in writing to the chief executive officer by October 31, 1998. Hospital administrators and assistant administrators appointed before July 1, 1983, may maintain their permanent civil service status as provided in chapter 76.

(d) Hiring, firing, compensation packages, and other personnel actions with respect to employees not covered by chapter 76 and 89 shall be governed by policies and guidelines established by the corporation, except as otherwise provided in this chapter.

(e) Upon the establishment of a regional system board, the authority to appoint regional hospital administrators, assistant administrators, directors of nursing, medical directors, and staff physicians under subsection (c) shall be superseded by section 323F-8.5 for that regional system. No incumbent personnel shall lose a position without specific action taken by the regional system board. [L 1996, c 262, pt of §2; am L 1998, c 229, §7; am L 2000, c 253, §150; am L 2002, c 148, §38; am L 2004, c 16, §6; am L 2007, c 290, §24; am L 2009, c 182, §13]
Haw. Rev. Stat. § 339-23 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-23
Rules.
Status: in_force

The director shall establish by rules adopted under chapter 91 the criteria for eliminating the use of nondegradable plastic connecting devices to protect the air, land, and waters of the State against environmental contamination and degradation.
Haw. Rev. Stat. § 323F-7.6 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-7.6
Transition of Hawaii health systems regional system or health facility to a new entity.
Status: in_force

(a) Notwithstanding any other law to the contrary, including but not limited to section 27-1 and chapter 171, any of the regional systems or individual facilities of the Hawaii health systems corporation is hereby authorized to transition into a new legal entity in any form recognized under the laws of the State, including but not limited to:

(1) A nonprofit corporation;

(2) A for-profit corporation;

(3) A municipal facility;

(4) A public benefit corporation; or

(5) Any two or more of the entities in paragraphs (1) through (4).

A transition shall occur through the sale, lease, or transfer of all or substantially all of the assets of the facility or regional system, except for real property, which shall only be transferred by lease. Any transition shall comply with chapter 323D.

(b) A transition shall only occur upon approval of the appropriate regional system board in the case of a regional system or individual facility transition, or upon approval of the regional system boards and the corporation in the case of the transition of the entire corporation. Any transition shall be subject to legal review by the attorney general, who shall approve the transition if satisfied that the transition conforms to all applicable laws, subject to the review of the director of the department of budget and finance, who shall approve the transition if it conforms to all applicable financing procedures, and subject to the governor's approval. In addition, the transition shall be subject to the following terms and conditions:

(1) All proceeds from the sale, lease, or transfer of assets shall be used for health care services in the respective regional system or facility, except that real property shall only be transferred by lease;

(2) Any and all liabilities of a regional system or facility transitioning into a new entity that were transferred to the Hawaii health systems corporation upon its creation by Act 262, Session Laws of Hawaii 1996, and all liabilities of the regional system or facility related to collective bargaining contracts negotiated by the State, shall become the responsibility of the State; and

(3) During the period of transition:

(A) The State shall continue to fund the provision of health care services provided for by the regional system or individual facility; and

(B) All applicable provisions of this chapter shall continue to apply.

Upon the completion of the transition of all the facilities in a regional system to a new entity, the regional system board for that regional system shall terminate; provided that if not all of a regional system's facilities are transitioned to a new entity, the existing regional system board shall not terminate but shall continue to retain jurisdiction over those facilities remaining in the regional system. [L 2009, c 182, pt of §8; am L 2021, c 212, §4; am L 2025, c 62, §3]
Haw. Rev. Stat. § 321-174 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-174
Coordination of services with department of education.
Status: in_force

The child and adolescent mental health services team shall cooperate with the schools located in their particular geographic region in identifying and referring for treatment such children or adolescents in need of mental health services. In conjunction with the child and adolescent mental health services team, the department of education and the department of health shall develop a memorandum of agreement which shall provide for a sharing of responsibilities for the affected agencies and shall include but not be limited to provisions for:

(1) Accepting referrals from the school counselors and diagnostic teams for evaluation and direct treatment of children and adolescents suffering from mental and emotional disorders;

(2) Providing consultation to enable teachers and other school personnel to aid in the identification and screening of children and adolescents in need of professional mental health services and the services of psychologists, as defined in chapter 465;

(3) Providing training and education about emotional disturbances of children and adolescents to teachers, school counselors, and parents;

(4) Assisting the department of education with mental health services and the services of psychologists, as defined in chapter 465 for handicapped children and adolescents;

(5) Developing an ongoing mechanism to assess, document, and report to the legislature and the governor unmet needs for mental health services for students in each geographic region; and

(6) Performing other related services for school personnel, children, adolescents, and parents. [L 1974, c 211, pt of §1; am L 1980, c 59, §3; am L 1985, c 55, §3; am L 1988, c 257, §1; am L 2025, c 178, §7]
Haw. Rev. Stat. § 323D-23 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-23
[OLD] REPEALED.
Status: in_force

L 1977, c 178, §3.

§323D-23 Subarea health planning councils, composition, appointment. Members of subarea health planning councils shall be appointed by the governor, subject to section 26-34. Nominations for appointment shall be solicited from health-related and other interested organizations, and agencies, including health planning councils, providers of health care within the appropriate subarea, and other interested persons. The members of the subarea health planning councils shall not be compensated for their services but shall be reimbursed for reasonable expenses necessary to the performance of their function. [L 1977, c 178, pt of §2; am L 1980, c 75, §9; am L 1987, c 270, §9]
Haw. Rev. Stat. § 329B-6 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-6
Test results.
Status: in_force

(a) The laboratory report shall include the following information and shall be reported in a timely manner:

(1) The type of test conducted;

(2) The test results, which, for each substance tested can be negative due to a negative screening or confirmatory test result, positive due to a positive confirmatory test result, or no result due to an unsatisfactory sample or other reason;

(3) The cutoff level used to distinguish positive and negative samples on both the initial and confirmatory tests;

(4) The name and address of the laboratory; and

(5) Any additional information provided by the laboratory concerning the individual's test.

(b) The indication of a substance below the cutoff level as established by the director shall be recorded as a negative test result. The laboratory's report shall not contain any information indicating the possible presence of a substance below a cut-off level, as so established.

(c) Any information concerning a substance abuse test pursuant to this chapter shall be strictly confidential. Such information shall not be released to anyone without the informed written consent of the individual tested and shall not be released or made public upon subpoena or any other method of discovery, except that information related to a positive test result of an individual shall be disclosed to the individual, the third party, or the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual tested and arising from positive confirmatory test result. Any person who receives or comes into possession of any information protected under this chapter shall be subject to the same obligation of confidentiality as the party from whom the information was received.

(d) Failure to adopt or adhere to all the procedures contained in this chapter shall invalidate the test result and the result may not be reported or otherwise used for any purpose. [L 1990, c 236, pt of §1]
Haw. Rev. Stat. § 340B-9 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-9
Injunctions and civil penalty.
Status: in_force

Any person who violates any provision of this chapter, or any rules, regulations, criterion, procedure, or certificate issued hereunder may, in a legal action commenced by the board:

(1) Be enjoined from continuing such violation; and

(2) Be subject to a civil penalty of not less than $100 a day and not greater than $200 a day for each day of continuing violation. [L 1978, c 169, pt of §2]
Haw. Rev. Stat. § 325-124 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-124
Purposes for access to registry information; access not a disclosure.
Status: in_force

(a) Notwithstanding section 325-123, it shall not be a disclosure for the persons listed in subsections (b), (c), (d), and (e) to have limited access to registry information for the purposes specified in each subsection.

(b) Registry information regarding specific individuals in the registry may be accessed by authorized health care providers who are treating, have treated, or have been assigned to treat those individuals; by authorized employees of these health care providers; and by authorized department of health personnel assigned to monitor the immunization or health status of those individuals for the purposes of:

(1) Recording the administration of any vaccination, including pandemic influenza vaccine;

(2) Determining the immunization history of a patient to deliver health care treatment accordingly;

(3) Notifying individuals or parents or legal guardians of the need to schedule a visit for an immunization;

(4) Generating official immunization records;

(5) Ensuring compliance with mandatory immunization requirements;

(6) Recording the distribution of prophylactic and treatment medications administered or dispensed in preparation for and in response to a potentially catastrophic disease threat; or

(7) Complying with Hawaii vaccines for children and other state-provided vaccine programs' vaccine ordering and accountability policies and procedures.

(c) Registry information regarding specific individuals in the registry may be accessed by school and post-secondary school personnel authorized by the director of health, the superintendent of education, the director of the executive office on early learning, or the administrator of a private or post-secondary school for the purpose of ensuring compliance with mandatory student immunization requirements.

(d) Registry information regarding specific individuals in the registry may be accessed by authorized health organizations that have been contracted to provide health insurance or health plan coverage for those individuals; provided that access is limited to only the enrollees, members, subscribers, and insureds of the authorized health organization, and for the purpose of producing immunization assessment reports by the authorized health organization.

(e) Registry information regarding specific individuals in the registry may be accessed by the department of health or agents of the department of health for the purposes of:

(1) Ensuring compliance with mandatory immunization requirements;

(2) Performing immunization-related quality improvement or quality assessment activities;

(3) Complying with Hawaii vaccines for children and other state-provided vaccine programs' vaccine ordering and accountability policies and procedures;

(4) Producing aggregate immunization assessment reports to monitor and improve public health;

(5) Supporting efforts to prevent and manage outbreaks of vaccine-preventable diseases, including pandemic influenza;

(6) Assisting the department of health in the event of a public health emergency; or

(7) Managing and maintaining the Hawaii immunization registry system.

(f) The use of registry information accessed pursuant to this section shall be limited to the purposes for which access is granted. [L 2010, c 113, pt of §1; am L 2012, c 275, §3; am L 2018, c 175, §3]
Haw. Rev. Stat. § 328-74 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-74
Flour, wrapped bread, rolls, standard for.
Status: in_force

It shall be unlawful to sell or offer for sale, in this State, for human consumption therein, any flour or wrapped white bread or rolls meeting the requirements of sections 328-72 and 328-73 which fail to conform to the labeling requirements of the Federal Food, Drug, and Cosmetic Act, and the regulations promulgated thereunder, with respect to such product when introduced in interstate commerce; provided this section shall not apply to white bread or rolls which bear no labeling of any kind and which are sold directly to the consumer by the manufacturer thereof.
Haw. Rev. Stat. § 342D-50.5 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-50.5
Wastewater or raw sewage; prohibition.
Status: in_force

(a) Notwithstanding any other law to the contrary, no person or treatment plant shall discharge any wastewater or raw sewage into state waters after December 31, 2026; provided that this section shall not apply to a person or treatment plant that is in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director.

(b) Nothing in this section shall be construed to:

(1) Prohibit the use of reclaimed or recycled water for a beneficial purpose as provided by law; or

(2) Allow the discharge of wastewater or raw sewage into state waters in violation of any federal statute, rule, or regulation. [L 2016, c 248, §1; am L 2025, c 60, §1]
Haw. Rev. Stat. § 342G-64 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-64
Administration of the environmental management special fund.
Status: in_force

(a) The department may adopt rules to administer the environmental management special fund. During the interim period until such rules are established, the department may distribute funding to the counties or the department of business, economic development, and tourism in the form of a contractual agreement pursuant to section 103-22.

(b) The office shall not award any grant or contract under this section to any county that has failed to comply with the conditions set forth in this part and any rules adopted pursuant thereto.

(c) Unexpended or unencumbered grant funds shall revert to the environmental management special fund at the end of the fiscal year following the year in which the funds were granted. [L 1993, c 312, pt of §2]
Haw. Rev. Stat. § 342G-105 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-105
Deposit beverage container inventory report and payment.
Status: in_force

(a) Payment of the deposit beverage container fee and deposits as described in section 342G-110 shall be made monthly based on inventory reports of the deposit beverage distributors. All deposit beverage distributors shall submit to the department documentation in sufficient detail that identifies the net number of deposit beverage containers sold, donated, or transferred, by container size and type.

(b) The amount due from deposit beverage distributors shall be the net number of deposit beverage containers sold, donated, or transferred multiplied by the sum of the prevailing deposit beverage container fee and the refund value of 5 cents. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All inventory reports and payments shall be made no later than the fifteenth day of the month following the end of the payment period of the previous month. [L 2002, c 176, pt of §2; am L 2007, c 285, §4]
Haw. Rev. Stat. § 327-19 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-19
Law governing validity; choice of law as to execution of document of gift; presumption of validity.
Status: in_force

(a) A document of gift shall be valid if executed in accordance with:

(1) This part;

(2) The laws of the state or country where it was executed; or

(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(b) If a document of gift is valid under this section, the laws of this State govern the interpretation of the document of gift.

(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 328-116 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-116
Penalty; exceptions.
Status: in_force

(a) Any person who violates this part or rules adopted under this part shall be fined not more than $500, or imprisoned not more than one year, or both.

(b) No person shall be subject to the penalties of subsection (a) of this section for having violated this part or rules adopted under this part if the person establishes a guaranty or undertaking signed by, and containing the name and address of, the individual from whom the person received the article in good faith, to the effect that the article is not adulterated or misbranded within the meaning of part I of this chapter. [L 1992, c 196, pt of §2]
Haw. Rev. Stat. § 321-402 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-402
Food safety consultative and education program.
Status: in_force

(a) There is established the food safety consultative and education program within the department of health. The department may place this program within any appropriate division.

(b) The program shall be managed and staffed by persons who are trained and experienced in public health aspects of food, including food science, foodborne disease epidemiology, food microbiology, and food sanitation.

(c) Generic food safety information gained from studies conducted as part of the program may be shared with foodhandlers in certification workshops and food safety classes. [L 1992, c 219, pt of §1]
Haw. Rev. Stat. § 340E-4 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-4
Imminent hazards.
Status: in_force

The director, upon learning that a contaminant is present in or is likely to enter a public water system or an underground source of drinking water and may present an imminent and substantial danger to the public, may take such actions necessary to protect the health of the public. The actions which the director may take include but are not limited to:

(1) Issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), including requiring the provision of alternative water supplies by persons who caused or contributed to the endangerment; and

(2) Commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction. [L 1976, c 84, pt of §1; am L 1984, c 268, §1; am L 1987, c 165, pt of §1]
Haw. Rev. Stat. § 322-4 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-4
Entering lands, buildings, etc.
Status: in_force

Whenever any member of the department of health deems it necessary for the preservation of the lives or health of the public to enter any land, building, vessel, or aircraft for the purpose of examining into, abating, destroying, removing, or preventing any nuisance, source of foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to the public health, and is refused such entry, the member may make complaint to the district judge in whose circuit the nuisance, source, place, or cause is, and the district judge may thereupon issue a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid, and, being accompanied by the member of the department, between the hours of sunrise and sunset, to repair to the place described in the complaint, and to abate, destroy, remove, or prevent, under the directions of the member, the nuisance, source or cause. [PC 1869, c 59, §13; am L 1911, c 111, §4; RL 1925, §927; RL 1935, §1314; RL 1945, §2705; am L 1953, c 32, §2; RL 1955, §47-5; am L Sp 1959 2d, c 1, §19; HRS §322-4; am L 1970, c 188, §§39, 40; gen ch 1985]
Haw. Rev. Stat. § 344-3 — HI Code / Division 1 / Title 19 / Chapter 344 / Section 344-3
Environmental policy.
Status: in_force

It shall be the policy of the State, through its programs, authorities, and resources to:

(1) Conserve the natural resources, so that land, water, mineral, visual, air and other natural resources are protected by controlling pollution, by preserving or augmenting natural resources, and by safeguarding the State's unique natural environmental characteristics in a manner which will foster and promote the general welfare, create and maintain conditions under which humanity and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of the people of Hawaii.

(2) Enhance the quality of life by:

(A) Setting population limits so that the interaction between the natural and artificial environments and the population is mutually beneficial;

(B) Creating opportunities for the residents of Hawaii to improve their quality of life through diverse economic activities which are stable and in balance with the physical and social environments;

(C) Establishing communities which provide a sense of identity, wise use of land, efficient transportation, and aesthetic and social satisfaction in harmony with the natural environment which is uniquely Hawaiian; and

(D) Establishing a commitment on the part of each person to protect and enhance Hawaii's environment and reduce the drain on nonrenewable resources. [L 1974, c 247, pt of §1; gen ch 1993]
Haw. Rev. Stat. § 342F-14.5 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-14.5
Fees for notification.
Status: in_force

The director may establish reasonable fees for notifications and to cover the cost of implementation, recordkeeping, and any necessary inspections to ascertain compliance with the provisions of the state community noise rules.
Haw. Rev. Stat. § 342G-12 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-12
Office of solid waste management, establishment.
Status: in_force

There is established within the department the office of solid waste management. The head of the office shall be known as the state solid waste management coordinator. The coordinator shall be appointed by the director without regard to chapter 76 and shall be compensated at a salary level set by the director. The coordinator shall be included in any benefit program generally applicable to the officers and employees of the State. The coordinator shall hire staff, as may be necessary, with regard to chapter 76.
Haw. Rev. Stat. § 340E-4.6 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-4.6
Inspection of premises.
Status: in_force

The director, in accordance with rules adopted pursuant to chapter 91, may enter and inspect any facility of a supplier of water to determine whether such supplier is acting in compliance with this part.

Revision Note

"Part" substituted for "chapter".
Haw. Rev. Stat. § 330-3 — HI Code / Division 1 / Title 19 / Chapter 330 / Section 330-3
Penalty for violations.
Status: in_force

Any person who violates any such rule or regulation of the department of health, shall be fined not less than $50 nor more than $500, or imprisoned not less than one month nor more than six months, or both.
Haw. Rev. Stat. § 329-3 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-3
Annual report.
Status: in_force

The commission shall prepare and present to the governor in the month of January in each year a report respecting its actions during the preceding fiscal year, together with its recommendations respecting legislation, copies of which reports shall be furnished by the governor to the legislature.
Haw. Rev. Stat. § 321-534 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-534
Confidential information.
Status: in_force

The department and stroke coalition shall not disclose any confidential information or other data in violation of the federal and state privacy regulations.
Haw. Rev. Stat. § 342J-31 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-31
Duties; rules.
Status: in_force

In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate hazardous waste pollution in this State. In the discharge of this duty the director may:

(1) Adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules;

(2) Administer and enforce this chapter, rules implementing this chapter, and orders and permits issued pursuant to this chapter;

(3) Establish by rule a list of hazardous wastes and a set of characteristics for identifying hazardous wastes;

(4) Prohibit land disposal of specified hazardous wastes;

(5) Inventory sites and locations in the State where hazardous wastes have been stored or disposed of at any time; and

(6) Promote industrial practices that minimize, recycle, reduce, avoid, or eliminate generation of hazardous waste. [L 1989, c 212, pt of §5]
Haw. Rev. Stat. § 342H-31 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-31
Rules; specific.
Status: in_force

The director may establish by rule the criteria for siting design, construction, financial responsibility, manifest, and operation of solid waste management systems.
Haw. Rev. Stat. § 342G-48 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-48
Recycling market development.
Status: in_force

Databases on solid waste management alternatives and businesses involved in recycling and bioconversion shall be developed and maintained as follows:

(1) Within one year of its establishment, the office shall develop a database on the full range of solid waste management alternatives. This database shall include, but not be limited to, information on technology description, effectiveness, level of use elsewhere, available vendors, and cost. This database shall be offered for the use of the public and private sectors; and

(2) By January 1, 1993, the department of business, economic development, and tourism shall develop a database that identifies businesses involved in recycling and bioconversion. This database shall identify businesses that collect, transport, process, market, reuse, or purchase these goods. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 321-10.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-10.5
Agricultural processing facilities; permits; priority.
Status: in_force

(a) Any agency subject to this chapter or title 19 that issues permits shall establish and implement a procedure for the priority processing of permit applications and renewals, at no additional cost to the applicant, for agricultural processing facilities that process crops or livestock from an agribusiness; provided that the majority of the lands held, owned, or used by the agribusiness shall be land designated as important agricultural lands pursuant to part III of chapter 205, excluding lands held, owned, or used by the agribusiness in a conservation district.

Any priority permit processing procedure established pursuant to this section shall not provide or imply that any permit application filed under the priority processing procedure shall be automatically approved.

(b) As used in this section, "agribusiness" means a business primarily engaged in the care and production of livestock, livestock products, poultry, poultry products, apiary, horticultural or floricultural products, the planting, cultivating, and harvesting of crops or trees, or the farming or ranching of any plant or animal species in a controlled salt, brackish, or fresh water environment. [L 2008, c 233, §12]
Haw. Rev. Stat. § 342B-63 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-63
Small business ombudsman for air pollution control; qualifications; duties.
Status: in_force

(a) There is created an office of the small business ombudsman for air pollution control in the department which shall be headed by a single executive to be known as the small business ombudsman for air pollution control who shall be appointed by the director for a term of four years. The position of small business ombudsman shall be exempt from the civil service laws pursuant to section [76-16(b)(17)]. The director may remove or suspend for cause the small business ombudsman after due notice and public hearing.

(b) The person appointed as the small business ombudsman shall be experienced in dealing with both private enterprise and government entities; arbitration and negotiation; interpretation of laws and rules; investigation; recordkeeping; report writing; public speaking; and management. All employees of the office shall be hired by the small business ombudsman and shall serve at the small business ombudsman's pleasure. In determining the salary of each employee, the small business ombudsman shall consult with the [department of human resources development] and shall follow as closely as possible the recommendations of the [department of human resources development]. The small business ombudsman and the small business ombudsman's full-time staff shall be entitled to participate in all state employee benefit plans.

(c) The small business ombudsman shall:

(1) Assist small businesses which may be affected by air pollution control rules by providing services as necessary such as:

(A) Assistance in the dissemination of information to small businesses and interested parties;

(B) Referral of small businesses to specialists for financial, technological, and operational information and assistance to reduce air pollution and prevent accidental releases;

(C) Encouragement of small businesses to participate in the development of air pollution control rules;

(D) Assistance in investigations and resolutions of complaints and disputes between small businesses and the department of health concerning air pollution control; and

(E) Presentations to trade associations and small businesses to inform them of the air pollution control rules and compliance requirements; and

(2) Assist in the development and continued operation of the small business assistance program by participating in meetings and conferences and preparing and providing information as necessary such as:

(A) Evaluation of the air pollution control rules and their effect on the economy and small businesses;

(B) Assistance in preparation of guideline documents;

(C) Evaluation of the small business assistance program and the assistance provided to small businesses;

(D) Reports, recommendations, and testimony to various governmental agencies and the legislature if so requested; and

(E) Comments and recommendations to EPA and the department of health on proposed air pollution control rules that impact small businesses.

(d) The small business ombudsman shall submit to the director an annual report discussing the small business ombudsman's activities under this chapter. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 342D-37 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-37
Responsible corporate officer as "person".
Status: in_force

For the purpose of this chapter, the term "person" means, in addition to the definition contained in section 342D-1, any responsible corporate officer.
Haw. Rev. Stat. § 326-13 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-13
Expenses; rules.
Status: in_force

(a) The department of health shall bear all expenses of travel and other necessary expenses incurred under sections 326-1 to 326-14 and may adopt all rules and forms and perform all acts necessary and proper for carrying out their provisions.

(b) Expenses related to patients shall be tracked separately from nonpatient costs, whenever appropriate and possible. [L 1909, c 81, §8; RL 1925, §1190; RL 1935, §1152; RL 1945, §2414; RL 1955, §50-15; am L Sp 1959 2d, c 1, §19; HRS §326-13; am L 2004, c 232, §3]
Haw. Rev. Stat. § 338-17.5 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-17.5
Judicial procedure to establish facts of birth.
Status: in_force

(a) If a delayed certificate of birth is rejected under section 338-16, a petition may be filed with the circuit court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.

(b) The petition shall be accompanied by a statement of the registration official made in accordance with section 338-16(d) and all documentary evidence which was submitted to the registration official in support of such registration.

(c) The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth fifteen days' notice of said hearing. Such official, or the official's authorized representative, may appear and testify in the proceeding.

(d) If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this State, it shall make findings as to the place and date of birth, parentage, and such other findings as the case may require and shall issue an order to establish a record of birth.

(e) The clerk of the court shall forward a copy of the order to the state registrar of vital statistics not later than the 10th day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar of vital statistics in accordance with section 338-13. [L 1972, c 66, pt of §1(3); gen ch 1985; am L 1986, c 339, §45]
Haw. Rev. Stat. § 340B-6 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-6
Certification requirement.
Status: in_force

All classified wastewater treatment plants whether publicly or privately owned, used or intended for use by the public or private persons, shall at all times be under the direct supervision of an individual whose competency is certified to by the director in a classification corresponding to the classification of the wastewater treatment plant to be supervised.
Haw. Rev. Stat. § 327K-3 — HI Code / Division 1 / Title 19 / Chapter 327K / Section 327K-3
Immunity.
Status: in_force

(a) No physician, physician assistant, advanced practice registered nurse, health care professional, nurse's aide, hospice provider, home care provider, including private duty and medicare home health providers, emergency medical services provider, adult residential care home operator, skilled nursing facility operator, hospital, or person employed by or under contract with a hospital shall be subject to criminal prosecution, civil liability, or be deemed to have engaged in unprofessional conduct for:

(1) Carrying out in good faith, a decision regarding treatment orders, including cardiopulmonary resuscitation by or on behalf of a patient pursuant to orders in a form and in compliance with the standards and procedures set forth in this chapter; or

(2) Providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued on a form; provided that the person reasonably and in good faith:

(A) Was unaware of the issuance of an order not to resuscitate; or

(B) Believed that any consent to treatment orders, including the order not to resuscitate, had been revoked or canceled.

(b) No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent, in good faith and on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. [L 2009, c 186, pt of §1; am L 2014, c 154, §5; am L 2022, c 293, §5]
Haw. Rev. Stat. § 328-114 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-114
Notice.
Status: in_force

Before any violation of this part is reported for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present the person's views before the department either orally or in writing, in person or by an attorney, with regard to the contemplated proceeding.
Haw. Rev. Stat. § 328-27 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-27
Perishables destroyed when.
Status: in_force

Whenever the director of health or any of the director's agents find in any room, building, vehicle of transportation, or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles which are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the director or any of the director's agents, shall forthwith condemn or destroy the same, or in any other manner render the same unsalable as human food.
Haw. Rev. Stat. § 342E-3 — HI Code / Division 1 / Title 19 / Chapter 342E / Section 342E-3
Powers and duties of the director.
Status: in_force

(a) In addition to any other power or duty prescribed by law, the director shall:

(1) Reduce, control, and mitigate nonpoint source pollution in the State;

(2) Adopt rules under chapter 91 necessary for the purposes of this chapter, which may include water quality standards for specific areas, types of nonpoint source pollution discharges, or management measures in the control of water pollution, allowing for varying local conditions;

(3) Develop plans, recommendations, and policies, and provide other support to further the State's capacity to carry out the requirements of any federal law, rule, or regulation pertinent to the management or mitigation of nonpoint source pollution;

(4) Work cooperatively with other state, county, and federal agencies, to facilitate the monitoring of and update the list of waters in the State that cannot reasonably be expected to attain or maintain state water quality standards and goals established under the federal Water Quality Act of 1987 (P.L. 100-4) without additional action to control nonpoint source pollution;

(5) Identify those categories of nonpoint sources that add significant pollution to the state waters identified under paragraph (4);

(6) Facilitate implementation of the best management practices, programs, and measures to control each category of nonpoint source pollution identified under paragraph (5), and encourage nonpoint source pollution mitigation practices including, but not limited to, the use of non-hazardous substances in the household and agroforestry management;

(7) Identify public and private sources of expertise, technical assistance, financial assistance, educational assistance, training, and technology transfer;

(8) Convene statewide and regional public forums involving the general public, the regulatory community, and businesses and industries that may contribute to categories of nonpoint source pollution for the purpose of establishing plans, and developing management strategies and other mitigation measures to control and manage nonpoint source pollution;

(9) Provide funding for projects to demonstrate the best available technology and best management practices for preventing and mitigating nonpoint source pollution;

(10) Provide funding for public initiative projects to encourage education and prevention measures relating to nonpoint source pollution;

(11) Propose legislation, alternate funding mechanisms, and new programs to improve the State's capacity to mitigate nonpoint source pollution; and

(12) Review environmental assessments and environmental impact statements as defined under section 343-2 for the purposes of commenting on the effects that a proposed action would have on the level of nonpoint source pollution generated in an area.

(b) In the course of enforcing any rule adopted pursuant to this chapter, the director may:

(1) Enter and inspect any area to investigate an actual or suspected source of nonpoint pollution, to ascertain compliance or noncompliance with any rule or standard adopted by the department pursuant to this chapter;

(2) Inspect any records kept in accordance with the terms and conditions of rules adopted under this chapter; and

(3) Test any waters and aquatic and other life forms that may have been subjected to any form of nonpoint source pollution and assess the environmental effects of the pollution, including the pollution's effects on the quality of the receiving waters and aquatic and other life forms; provided that if the department determines that the effects of the pollution would make it hazardous to consume the water and aquatic or other life forms, the department shall immediately notify the public of the hazard through the news media and by posting warning signs in those areas where the waters and shoreline contain water and aquatic or other life forms that would be hazardous if consumed. [L 1993, c 345, pt of §2]
Haw. Rev. Stat. § 325-136 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-136
Immunity.
Status: in_force

Apart from liabilities of assessed entities pursuant to this part, there shall be no liability on the part of and no cause of action against the department, its independent contractors, or its employees for any action or omission in the course of operating the universal immunization purchase program.
Haw. Rev. Stat. § 334-146 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-146
Discharge.
Status: in_force

If the respondent successfully completes the outpatient treatment program and is discharged from the program prior to the end of the court-ordered treatment period, the court order shall automatically lapse.
Haw. Rev. Stat. § 323F-4 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-4
Board meetings.
Status: in_force

(a) The corporation board and each regional system board shall be exempt from part I of chapter 92 and shall meet no fewer than four times a year; provided that the regional system boards and the corporation board shall meet together at least once a year. Each regional board shall meet at least six times each year; provided that two of these meetings shall be public community meetings for the purpose of informing the community and taking comment on the regional system's performance if these meetings are in addition to the four board meetings. The public community meetings shall be advertised in a newspaper of general circulation in the regional system at least two weeks in advance.

(b) All business of the corporation board and each regional system board shall be conducted at a regular or special meeting at which a quorum is present, consisting of at least a majority of the directors then in office. The corporation board and each regional system board shall adopt procedural rules for meetings, not subject to chapter 91, that shall include provisions for meetings via electronic and telephonic communications and other methods that allow the boards to conduct business in a timely and efficient manner. Any action of the corporation board or each regional system board shall require the affirmative vote of a majority of those present and voting at the meeting; except that a vote of two-thirds of the entire membership of the respective board then in office shall be required for any of the following actions:

(1) Removal by the corporation board or respective regional system board of one of its members;

(2) Amendment by the corporation or a regional system board of its bylaws;

(3) Hiring or removing a regional chief executive officer;

(4) Filling of vacancies on a board; and

(5) Any other actions as provided by the corporation or regional system board bylaws, except the hiring or removing of the chief executive officer of the corporation. [L 1996, c 262, pt of §2; am L 1998, c 229, §5; am L 2007, c 290, §20; am L 2009, c 182, §11]
Haw. Rev. Stat. § 333F-3 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-3
Community services for the developmentally disabled.
Status: in_force

The department shall develop and administer a community service delivery system which may design, implement, administer, coordinate, monitor, and evaluate the programs and services of the department for persons with developmental or intellectual disabilities other than the operations and management of Waimano training school and hospital.
Haw. Rev. Stat. § 325-18 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-18
Advisory committees for health care workers infected with blood-borne infections.
Status: in_force

(a) The director of health may appoint ad hoc advisory committees as needed to provide advice and recommendations to health care workers infected with HIV, HBV, or other blood-borne infections on the risks of blood-borne disease transmission through exposure-prone invasive procedures. An advisory committee may recommend changes in a health care worker's practice, including patient notification, to reduce the possibility of transmission to patients. Each committee shall include:

(1) An infectious disease specialist with expertise appropriate to the case; and

(2) A professional peer of the infected health care worker, who has expertise in the professional practice performed by that worker.

The committee may also include the health care worker's personal physician and, if the worker's practice is facility-based, members of the facility's infection control committee. The department of health shall provide oversight and necessary staff support to the advisory committees when resources permit.

(b) An advisory committee shall serve only as long as necessary for the particular case or cases for which the committee is appointed, but its members may be named to subsequent committees as needed. Members of advisory committees shall serve without compensation, but shall be reimbursed for travel expenses as necessary by the department of health for the performance of their duties.

(c) Notwithstanding any law to the contrary, work of the advisory committees, including records, shall be confidential, except that a summary of non-identifying information and general policy recommendations may be made available to the public. All committee meetings shall be closed to the public. [L 1994, c 265, §2]
Haw. Rev. Stat. § 329-131 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-131
Prescription and pharmacy requirements not applicable.
Status: in_force

Notwithstanding any other law to the contrary, the prescription requirements of section 329-38 and the board of pharmacy licensure or regulatory requirements under chapter 461 shall not apply to the medical use of cannabis under this part.
Haw. Rev. Stat. § 325-6 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-6
Epidemic control.
Status: in_force

Such appropriations as may be necessary for the purpose of controlling, suppressing, or preventing the spread of any communicable or preventable disease in the State or in any county thereof shall be allocated by the legislature out of the proceeds of the state general fund. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.

Whenever the department of health certifies that any communicable or preventable disease is present to such an extent that the usual facilities and personnel of the department are not adequate to properly control, suppress, or prevent the spread of the disease, expenditures may be made by the department, with the approval of the governor, for use, in whatever manner the department may deem necessary, in controlling, suppressing, or preventing the spread of any such disease. [L 1941, c 121, §§1, 2; am L 1943, c 43, §2; RL 1945, §2306; RL 1955, §49-6; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §19; HRS §325-6; am L 1993, c 280, §35]
Haw. Rev. Stat. § 321-26.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-26.5
Environmentally-sensitive cleaning and maintenance products for use in public schools; approved list of products.
Status: in_force

(a) The department of health shall maintain a list of products that have been approved by the Green Seal program for public school facilities to use as a first preference guideline when purchasing and using environmentally-sensitive cleaning and maintenance products; provided that the department may add or remove any product from the list as deemed necessary by the director.

(b) The department shall review and evaluate existing research regarding environmentally-sensitive cleaning and maintenance products, including any research and guidance issued by the United States Environmental Protection Agency. [L Sp 2009, c 13, §2]
Haw. Rev. Stat. § 325-5 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-5
Antitoxins, antiserums, vaccines, biologics, and drugs.
Status: in_force

The department of health shall purchase from time to time out of moneys which may be available to it therefor, and keep on hand and available for administration under this section in the several counties to persons unable to pay for them, antitoxins, antiserums, vaccines, and other biologics and drugs of types and in a supply sufficient for the public health, welfare, and safety.

The antitoxins, antiserums, vaccines, biologics, and drugs shall by any physician of the department or of any such county be administered free of charge to any person who is in need of them and is unable to pay for them or shall be furnished free of charge to the attending physician of the person for use in the treatment of the person; provided that the person so benefited, or the person's estate, or personal representatives, if subsequently able to do so, may be required by the department to pay for any such antitoxin, antiserum, vaccine, biologic, or drug furnished free of charge to or for the person under this chapter. [L 1931, c 197, §1; RL 1945, §2305; am L 1945, c 191, §1; RL 1955, §49-5; am L Sp 1959 2d, c 1, §19; HRS §325-5; gen ch 1985]
Haw. Rev. Stat. § 324-6 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-6
Maternal death review reports.
Status: in_force

(a) The director of health shall submit an annual written report to the legislature no later than twenty days prior to the convening of each regular session on the status of reviews of maternal deaths conducted by the department. The annual report shall cover the calendar year immediately prior to the year in which the report is due and shall describe the total number of deaths of women while pregnant or within one year after a pregnancy in Hawaii, the causes of those deaths and whether the causes of death were pregnancy related, any maternal mortality review activities conducted by the department, trends in maternal deaths, and recommendations for system changes, including any proposed legislation.

(b) The director of health shall submit a copy of any other maternal death review report published by the department of health, detailing findings and recommendations resulting from such a review, to the legislature upon the report's publication. [L 2016, c 203, pt of §5]
Haw. Rev. Stat. § 333F-17 — HI Code / Division 1 / Title 19 / Chapter 333F / Section 333F-17
Authority of director to enter into agreements; make dispositions of state resources.
Status: in_force

(a) The director may enter into agreements with the federal government, other state departments and agencies, and the counties; enter into assistance agreements with private persons, groups, institutions, or corporations; purchase services required or appropriate under this chapter from any private persons, groups, institutions, or corporations; allocate and expend any resources available for the purposes of this chapter; and do all things necessary to accomplish the purposes and provisions of this chapter.

(b) To the extent the director deems it appropriate, the director may require a recipient of any state funds under this chapter to contribute moneys, facilities, or services for carrying out the program or project.

(c) The director shall establish standards and review procedures to assure that private persons, groups, institutions, or corporations provide the services and facilities necessary to accomplish the purposes for which the funds are disbursed. [L 1987, c 341, pt of §2]
Haw. Rev. Stat. § 338-6 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-6
Local agent to prepare birth certificate.
Status: in_force

(a) If neither parent of the newborn child whose birth is unattended as provided in section 338-5 is able to prepare a birth certificate, the local agent of the department of health shall secure the necessary information from any person having knowledge of the birth and prepare and file the certificate.

(b) The department shall prescribe the time within which a supplementary report furnishing information omitted on the original certificate may be returned for the purpose of completing the certificate. Certificates of birth completed by a supplementary report shall not be considered as "delayed" or "altered". [L 1949, c 327, §10; RL 1955, §57-9; am L Sp 1959 2d, c 1, §19; HRS §338-6]
Haw. Rev. Stat. § 329-127 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-127
Protection of cannabis and other seized property.
Status: in_force

(a) Cannabis, paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with a claimed medical use of cannabis under this part shall be returned immediately upon the determination by a court that the qualifying patient or primary caregiver is entitled to the protections of this part, as evidenced by a decision not to prosecute, dismissal of charges, or an acquittal; provided that law enforcement agencies seizing live plants as evidence shall not be responsible for the care and maintenance of such plants.

(b) This section shall also apply to qualifying out-of-state patients and caregivers of qualifying out-of-state patients who are validly registered with the department of health pursuant to this part and the administrative rules of the department of health; provided that notwithstanding subsection (a) to the contrary, under no circumstances shall cannabis, paraphernalia, or other property be returned to any location outside of the island from which it was seized. [L 2000, c 228, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §9]
Haw. Rev. Stat. § 328-2 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-2
Same; label, etc.
Status: in_force

"Label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this part that any word, statement, or other information appears on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of the article, or is easily legible through the outside container or wrapper.

"Immediate container" does not include package liners.

"Labeling" means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying the article.

"Package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include (1) shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; (2) shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity.

"Principal display panel" means that part, or those parts, of a package or label that is, or are, so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display and purchase.

Whenever the principal display panel of the package is not coincident with the principal display panel of the label, the principal display panel of the package shall govern the declaration of quantity type size and the principal display panel of the label shall govern its location.

Whenever a difference of opinion exists as to which panel of a package constitutes the principal display panel, the larger panel most likely to be displayed shall be so construed.

Whenever a consumer package has more than one principal display panel, each such panel shall bear all mandatory information required by this part and by the Federal Act.

"Principal labeler" means the manufacturer, packer, or distributor whose name is on the package which contains the finished drug and is distributed to the dispenser. If more than one name is on the package, the principal labeler shall be the manufacturer, packer, or distributor whose name is on the package and who had possession of the package immediately before the dispenser of the drug. [L 1941, c 318, pt of §2; RL 1945, §2202; RL 1955, §51-2; HRS §328-2; am L 1972, c 151, pt of §2; am L 1977, c 58, §43; am L 1982, c 122, §1(2)]
Haw. Rev. Stat. § 334B-5 — HI Code / Division 1 / Title 19 / Chapter 334B / Section 334B-5
Confidentiality.
Status: in_force

A review agent may not disclose or publish individual medical or psychological records or any other confidential medical or psychological information obtained in the performance of utilization review or managed care activities.
Haw. Rev. Stat. § 342H-39 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-39
Petty misdemeanor disposal of solid waste.
Status: in_force

(a) A person commits the offense of petty misdemeanor disposal of solid waste if the person knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume and less than ten cubic yards in volume, anywhere other than a permitted solid waste management system without the written approval of the director.

(b) Petty misdemeanor disposal of solid waste is punishable by:

(1) A fine of no more than $25,000 for each separate offense;

(2) Imprisonment of no more than thirty days for each separate offense; or

(3) Revocation or suspension by court order of any contractor's license or any applicable certificate of authorization from the public utilities commission.

Each day of violation shall constitute a separate offense. In addition to the foregoing, any vehicle owned and operated by the person in the commission of the offense shall be subject to forfeiture pursuant to chapter 712A.

(c) Each fine collected for a violation of this section shall be distributed to the authorized agency that enforced the prohibition under which the fine was imposed.

(d) This section shall not apply to solid waste consisting solely of green waste. For the purposes of this section, "green waste" means solid waste that consists solely of leaves, grass clippings, garden and yard wastes, tree trunks, holiday trees, tree trimmings, and prunings, or any combination thereof. [L 2005, c 105, §1; am L 2023, c 201, §2]
Haw. Rev. Stat. § 321-15 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15
Biennial registration; fees, failure to register; denial, suspension, or revocation of a license.
Status: in_force

(a) Every person holding a license to practice any occupation specified in section 321-13(a)(1) shall reregister with the department of health every other year in accordance with the rules of the department, before February 1 except where superseded by federal law, and shall pay a reregistration fee. The failure, neglect, or refusal of any person holding a license to reregister or pay the reregistration fee, after thirty days of delinquency, shall constitute a forfeiture of the person's license; provided that the license shall be restored upon written application therefor together with a payment of all delinquent fees and an additional late reregistration fee that may be established by the director of health. All fees collected pursuant to this section shall be deposited into the sanitation and environmental health special fund established under section 321-27.

(b) The department shall suspend, refuse to renew, reinstate, or restore, or deny any license or application if the department has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, the department shall grant, renew, restore, or reinstate a license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or family court. [L 1957, c 316, pt of §1; am L 1959, c 25, §2; am L Sp 1959 2d, c 1, §19; Supp, §46-15.2; HRS §321-15; am L 1969, c 160, §3; am L 1973, c 80, §2(3); am L 1974, c 214, §3; am L 1982, c 80, §3; gen ch 1985; am L 1994, c 169, §§4, 9; am L 1996, c 164, §1; am L 1997, c 293, §15; am L 1998, c 311, §§14, 16; am L 1999, c 273, §3; am L 2002, c 226, §5; am L 2003, c 133, §6; am L 2010, c 176, §3; am L 2019, c 279, §3]
Haw. Rev. Stat. § 329-55 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-55
Forfeitures.
Status: in_force

(a) The following are subject to forfeiture according to the procedures set forth in the Penal Code:

(1) All controlled substances and anabolic steroids which have been manufactured, cultivated, grown, distributed, dispensed, or acquired in violation of this chapter;

(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, cultivating, growing, compounding, processing, delivering, importing, or exporting any controlled substance or anabolic steroid in violation of this chapter;

(3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2);

(4) All conveyances, including aircraft, vehicles, or vessels which are used or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale, delivery or receipt of property described in paragraph (1) or (2), subject to the provisions of chapter 712A;

(5) All books, records, and research products and materials, including formulas, microfilms, tapes, and data which are used, or intended for use, in violation of this chapter;

(6) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance or anabolic steroid in violation of this chapter, 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 this chapter, subject to the provisions of chapter 712A;

(7) All firearms which are visible, carried during, or used in furtherance of a violation of this chapter or chapter 712, part IV; and

(8) All drug paraphernalia as defined by section 329-1.

(b) Property subject to forfeiture under this chapter may be seized in accordance with the provisions of chapter 712A.

(c) Controlled substances listed in schedule I that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the State. Controlled substances listed in schedule I, which are seized or come into the possession of the State, the owners of which are unknown, are contraband and shall be summarily forfeited to the State.

(d) Species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the State.

(e) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The failure, upon demand by the department of public safety, or its authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

(e) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The failure, upon demand by the department of law enforcement, or its authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. [L 1972, c 10, pt of §1; am L 1977, c 120, §1; am L 1980, c 216, §1; am L 1983, c 90, §1; am L 1985, c 150, §5; gen ch 1985; am L 1986, c 214, §8; am L 1988, c 259, §3 and c 260, §§3, 7; am L 1990, c 168, §3, c 197, §1 and c 281, §10; am L 1993, c 196, §1; am L 1996, c 104, §6 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 332D-3 — HI Code / Division 1 / Title 19 / Chapter 332D / Section 332D-3
Exception.
Status: in_force

The term "process", as used in section 332D-2, does not include the processing of metallic recyclables containing pentaBDE, octaBDE, or any other chemical formulation that is part of these classifications that is conducted in compliance with all applicable federal, state, and local laws.
Haw. Rev. Stat. § 327G-5 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-5
Authority and duty of agent; limitations on liability.
Status: in_force

(a) The authority of an agent becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination made under section 327G-7 that the principal has recovered capacity, unless otherwise specified in the advance mental health care directive.

(b) An agent has the authority to make any and all mental health care decisions on behalf of the principal while the principal lacks capacity, unless otherwise specified or limited in the advance mental health care directive.

(c) In exercising authority, an agent has a duty to act consistently with the provisions of the advance mental health care directive. An agent shall make all mental health care decisions in accordance with the principal's preferences or instructions expressed in the advance mental health care directive, if any, and the principal's other wishes to the extent known to the agent. If the principal's preferences, instructions, and wishes are not expressed or known, the agent shall make the decision in accordance with the agent's good faith determination of the principal's best interests. In determining the principal's best interests, the agent shall consider the principal's personal values to the extent known to the agent.

(d) An agent has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review, and consent to disclosure of medical records relating to that treatment, unless limited by the advance mental health care directive or any federal law. This right of access and disclosure does not waive any evidentiary privilege.

(e) A mental health care decision made by an agent for a principal shall be effective without judicial approval.

(f) An agent is not, solely as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.

(g) An agent whose decisions regarding the principal are made in good faith, pursuant to the provisions of the advance mental health care directive, shall not be subject to criminal prosecution, civil liability, or professional disciplinary action with respect to those decisions. [L 2004, c 224, pt of §2]
Haw. Rev. Stat. § 327H-2 — HI Code / Division 1 / Title 19 / Chapter 327H / Section 327H-2
Bill of rights.
Status: in_force

(a) The pain patient's bill of rights includes the following:

(1) A patient who suffers from severe acute pain or severe chronic pain has the option to request or reject the use of any or all modalities to relieve the pain;

(2) A patient who suffers from severe acute pain or severe chronic pain has the option to choose from appropriate pharmacologic treatment options to relieve severe acute pain or severe chronic pain, including opiate medications, without first having to submit to an invasive medical procedure.

For purposes of this paragraph, "invasive medical procedure" means surgery, destruction of a nerve or other body tissue by manipulation, or the implantation of a drug delivery system or device;

(3) A patient's physician may refuse to prescribe opiate medication for a patient who requests a treatment for severe acute pain or severe chronic pain. However, that physician may inform the patient of physicians who are qualified to treat severe acute pain and severe chronic pain employing methods that include the use of opiates;

(4) A physician who uses opiate therapy to relieve severe acute pain or severe chronic pain may prescribe a dosage deemed medically necessary to relieve the pain;

(5) A patient may voluntarily request that the patient's physician provide an identifying notice of the prescription for purposes of emergency treatment or law enforcement identification; and

(6) With regard to pain patients, the application of this section shall be guided by the medical principle that physical tolerance and dependence are normal consequences of sustained use of opiate medication, distinguishable from psychological dependency or addiction that bears no relationship to pain experienced by a patient. For the purposes of this section, psychological dependency shall be characterized by a patient's compulsion to take a drug notwithstanding the fact that the patient knows the harmful and destructive effect of the drug on the patient. The distinction is one of treatment of pain as opposed to feeding a psychological need. A patient who suffers severe acute pain or severe chronic pain secondary to a diagnosis in any form of disease and chronic conditions may be entitled to receive a prescription of opiate medication for the treatment of the pain, if requested by that patient; provided that:

(A) The particular opiate is appropriate to the treatment of that pain; and

(B) The patient is not addicted to the opiate. For the purposes of this subparagraph, the term "addicted" refers to a psychological dependence, rather than a progressive physical tolerance for the opiate to relieve the pain; provided that the term does not include a narcotic-dependent person as defined in section 329-40.

(b) Nothing in this section shall be construed to:

(1) Expand the authorized scope of practice of any licensed physician;

(2) Limit any reporting or disciplinary provisions applicable to licensed physicians and surgeons who violate prescribing practices; and

(3) Prohibit the discipline or prosecution of a licensed physician for:

(A) Failing to maintain complete, accurate, and current records that document the physical examination and medical history of a patient, the basis for the clinical diagnosis of a patient, and the treatment plan for a patient;

(B) Writing false or fictitious prescriptions for controlled substances scheduled in the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 United States Code 801 et seq. or in chapter 329;

(C) Prescribing, administering, or dispensing pharmaceuticals in violation of the provisions of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 United States Code 801 et seq. or of chapter 329;

(D) Diverting medications prescribed for a patient to the licensed physician's own personal use; and

(E) Causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual; provided that:

(i) It is not "causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual" to prescribe, dispense, or administer medical treatment for the purpose of treating severe acute pain or severe chronic pain, even if the medical treatment may increase the risk of death, so long as the medical treatment is not also furnished for the purpose of causing, or the purpose of assisting in causing, death for any reason; and

(ii) This subparagraph shall not apply to actions taken under chapter 327L. [L 2004, c 189, pt of §1; am L 2008, c 131, §2; am L 2018, c 2, §5]
Haw. Rev. Stat. § 321D-1 — HI Code / Division 1 / Title 19 / Chapter 321D / Section 321D-1
Interdepartmental cluster for services to children; establishment, functions.
Status: in_force

(a) There is established a statewide interdepartmental cluster for services to children within the department of health which shall be comprised of representatives of major child-serving agencies with statewide authority and responsibility. The cluster shall include the department of education, the department of health, the department of human services, the judiciary, the office of the governor, and the office of youth services as regular members. The department of health shall staff the cluster and provide an identified place where development and coordination of service plans and programs for the multisystem children having severe emotional and developmental problems may be done on a systematic basis.

(b) The statewide interdepartmental cluster shall:

(1) Establish interdepartmental clusters at the local level;

(2) Establish written policies and procedures for both itself and the local clusters;

(3) Review and make recommendations on individual cases referred by local clusters or by directors of child-serving departments or agencies that have documentation that various county or local agencies have jointly attempted to develop programs and funding to meet the child's need, and that existing or alternative programs and funding have been exhausted or are insufficient or inappropriate in view of the distinctive nature of the child's situation;

(4) Develop written, comprehensive, and coordinated service plans for individual multineeds children for implementation by local clusters and, where required, utilize funds appropriated to it to assist local clusters in implementing such plans;

(5) Identify a single local agency to provide case management for each case accepted by the statewide cluster;

(6) Monitor each case; and

(7) Adjust policies and procedures and develop training which will ensure appropriate services for multisystem involved children at both the state and local levels. [L 1987, c 342, §2; am L 1988, c 141, §25; am L 1993, c 38, §1; am L 1996, c 298, §4]
Haw. Rev. Stat. § 329B-1 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-1
Purpose.
Status: in_force

The purpose of this chapter is to ensure that appropriate and uniform substance abuse test procedures are employed throughout the State, to protect the privacy rights of persons tested, and to achieve reliable and accurate results.
Haw. Rev. Stat. § 342P-30 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-30
Other action not barred.
Status: in_force

No existing civil or criminal remedy for any wrongful action that is in violation of any statute or any rule of the department or ordinance of any county, shall be excluded or impaired by this chapter.
Haw. Rev. Stat. § 321-375 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-375
Examination, fees required.
Status: in_force

(a) No license shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score or meets the criteria specified in section 321-374(e). No license shall be issued unless all fees required by the director have been paid.

(b) The department may contract with a professional testing service to prepare, administer, and grade the examination for licensure as a tattoo artist. For these purposes, the department may require applicants to pay the examination fee directly to the testing service. [L 1990, c 285, pt of §2; am L 2009, c 130, §5]
Haw. Rev. Stat. § 328D-2 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-2
Product quality.
Status: in_force

(a) All bottled water shall be from an approved source and shall not contain any constituent in quantities that may be injurious to health, as established by rules adopted by the department or other government agency or agencies having jurisdiction. All bottled water shall meet standards prescribed by the FDA in title 21 C.F.R. section 165.110.

(b) Except as provided in subsection (a), bottled water, including mineral water, shall not exceed any maximum contaminant level (MCL) established by the EPA under the Safe Drinking Water Act or standards established by the department or other government agency or agencies having jurisdiction for any organic or inorganic chemical. [L 1988, c 304, pt of §1; am L 2021, c 161, §2]
Haw. Rev. Stat. § 325-36 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-36
Duty of adult, or of parent, guardian, or caregiver.
Status: in_force

(a) Every adult person required to be immunized, or to do any other act, unless the person is a minor or incompetent, shall cause the immunization or other act to be performed.

(b) If the person is a minor or incompetent, the person's parent, or guardian having the person's care, custody, and control, shall cause the immunization or other related act to be performed.

(c) If reasonable efforts have been made to obtain consent from the person's parent or guardian, and consent is not obtainable because the parent or guardian cannot be located or contacted, a caregiver with whom the minor or incompetent person lives, or a non-custodial parent, may cause the immunization or other related act to be performed. [L 1945, c 171, pt of §1; RL 1955, §49-36; HRS §325-36; gen ch 1985; am L 1993, c 266, §3]
Haw. Rev. Stat. § 321-4.6 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-4.6
Advisory council on food protection practices; created.
Status: in_force

(a) There is created within the department for administrative purposes only, an advisory council on food protection practices, whose members shall be appointed by the director of health, consisting of one representative from at least the following:

(1) An organization representing the restaurant industry;

(2) An organization representing the hotel industry;

(3) An organization representing the food manufacturing industry;

(4) An organization representing the food service industry;

(5) A registered sanitarian from the department of health;

(6) The University of Hawaii, food technology department;

(7) The community college food service program;

(8) A corporate chain restaurant doing business in Hawaii; and

(9) A member of the general public.

(b) Each member shall serve for a term of three years; provided that the director shall initially appoint three members to serve for one year, three members to serve for two years, and three members to serve for three years. No member shall serve for more than two consecutive three-year terms.

(c) Vacancies occurring before the expiration of a member's term shall be filled by election of the council. Individuals elected to fill a vacancy shall serve only for the remainder of the unexpired term.

(d) The council shall appoint from its members a chairperson, vice chairperson, secretary, treasurer, and any other officers that the council may deem necessary or desirable to carry out its functions.

(e) Members shall serve without compensation, but may be reimbursed for the necessary expenses, including travel expenses, incurred in the performance of their duties.

(f) The council shall:

(1) Advise the department on sanitation issues and food protection practices;

(2) Review and advise the department, in consultation with the department of the attorney general, regarding the adoption of rules relating to sanitation and food protection practices; and

(3) Advise the department on the incorporation of salient provisions of the most recent version of the United States Food and Drug Administration's Model Food Code into the department's food sanitation rules. [L 1997, c 334, pt of §1]
Haw. Rev. Stat. § 342J-34 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-34
Standards for treatment, storage, or disposal facilities.
Status: in_force

The director may establish by rules standards applicable to owners and operators of facilities for treatment, storage, or disposal of hazardous waste, identified or listed under this chapter, including but not limited to, requirements regarding:

(1) Obtaining an identification number;

(2) Inspection, monitoring, submitting reports, and recordkeeping practices;

(3) Using the manifest properly;

(4) Designing, constructing, and locating of hazardous waste management facilities;

(5) Developing contingency plans to minimize unanticipated damage from treatment, storage, or disposal of hazardous waste;

(6) Maintaining and operating hazardous waste management facilities;

(7) Determining qualifications as to ownership, continuity of operation, training for personnel, closure and post-closure requirements, and financial responsibility (including financial responsibility for corrective action); and

(8) Issuing permits for hazardous waste management facilities. [L 1989, c 212, pt of §5]
Haw. Rev. Stat. § 342F-4 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-4
Permits; procedures for.
Status: in_force

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

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

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

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

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

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

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

(4) Such is in the public interest.

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

(d) Except for applications for which the director deems a public informational meeting, hearing, or notice is appropriate, the director shall act on an application for the issuance of a permit or an application by a permit holder for the modification or renewal thereof within thirty days of the receipt of a properly completed application.

For applications for which the director deems a public informational meeting, hearing, or notice is appropriate, the director shall act on the application within ninety days of the receipt of a properly completed application.

If the director determines that extraordinary circumstances exist on an application, the director shall extend the ninety-day period up to an additional ninety days.

(e) No applicant for a modification or renewal of a permit shall be held in violation of this chapter during the pendency of the applicant's application provided that the applicant acts consistently with the permit previously granted, the application and all plans, specifications, and other information submitted as a part thereof. [L 1989, c 212, pt of §3; am L 1990, c 298, §4; am L 1999, c 58, §2]
Haw. Rev. Stat. § 328-5 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-5
Same; "selling" includes what.
Status: in_force

The provisions of this part regarding the selling of food, drugs, devices, or cosmetics, include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; the sale, dispensing, and giving of any such article; and the supplying or applying of any such article in the conduct of any food, drug, or cosmetic establishment.
Haw. Rev. Stat. § 329D-18 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-18
Diversion from dispensary or production center; penalties.
Status: in_force

(a) A person commits diversion from a dispensary or production center if the person is a licensee, operator, or employee of a dispensary or production center and intentionally or knowingly diverts to the person's own use or other unauthorized or illegal use, or takes, makes away with, or secretes, with intent to divert to the person's own use or other unauthorized or illegal use, any medical cannabis, manufactured cannabis product, or cannabis concentrate under the person's possession, care, or custody as a licensee, operator, or employee of a medical cannabis dispensary or production center licensed by the department.

(b) Any person who violates this section shall be guilty of a class C felony. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]

Revision Note

"Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
Haw. Rev. Stat. § 342G-82 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-82
Advance disposal fee.
Status: in_force

(a) Every glass container importer shall pay to the department an advance disposal fee. The fee shall be imposed only once on the same glass container and shall not be assessed on drinking glasses, cups, bowls, plates, ashtrays, and similar tempered glass containers. For the period beginning September 1, 1994, the fee shall be one and one-half cents per glass container. Beginning October 1, 2004, the glass advance disposal fee shall only apply to glass containers that are not glass deposit beverage containers.

(b) The legislature shall have exclusive authority over all matters subject to this chapter.

(c) No county shall impose or collect any assessment or fee on glass containers for the same or similar purpose that is the subject of this chapter. [L 1994, c 201, pt of §2; am L 2002, c 176, §9]
Haw. Rev. Stat. § 342F-6 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-6
Inspection of premises.
Status: in_force

The director, in accordance with law, may enter and inspect any building or place to investigate an actual or suspected source of excessive noise, to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the department pursuant to this chapter, or any permit or other approval issued by the department pursuant to this chapter, and to make reasonable tests in connection therewith. No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of excessive noise shall be disclosed by the official or employee except as it relates directly to excessive noise and then, only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment.
Haw. Rev. Stat. § 342L-51 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-51
Leaking underground storage tank fund.
Status: in_force

(a) The department shall establish a revolving fund within the department which shall consist of moneys appropriated to the fund through federal grants, moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, and moneys given to the fund from other sources.

(b) Moneys from the fund shall be expended by the department for the sole purpose of responding to petroleum releases from underground storage tanks or tank systems in a manner consistent with this chapter.

(c) Moneys in the fund, which were appropriated to the fund through a federal grant and which have been collected by the department as part of its cost recovery efforts pursuant to section 342L-53, may be paid to the federal government when such repayment is required by a condition in the relevant federal grant. [L 1989, c 212, pt of §6; am L 1992, c 259, §30]
Haw. Rev. Stat. § 339-4 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-4
Prohibition.
Status: in_force

(a) No person shall discard or otherwise dispose of litter in a public place, or on private property, or in the waters of the State except:

(1) In a place which is designated by the department or the county for the disposal of garbage and refuse.

(2) Into a litter receptacle.

(3) Into a litter bag, provided that the bag is disposed of properly into a litter receptacle or in a place which is designated by the department or the county for the disposal of garbage and refuse.

It shall be an affirmative defense that the defendant had consent of the owner in control of the property.

(b) In the case of litter discarded or deposited from a vehicle on any highway, the driver of the vehicle may be cited for any litter discarded or deposited from such vehicle.

(c) No person in any way shall damage any litter receptacle so as to interfere with its proper function or to detrimentally affect its proper appearance.

(d) No person shall remove from its place, any litter receptacle which the person does not own, or for which the person does not have responsibility.

(e) No person shall transport litter from private households or commercial activities and discard them in litter receptacles located in public places. [L Sp 1977 1st, c 2, pt of §2; am L 1979, c 60, §3; am L 1985, c 97, §2; gen ch 1985]
Haw. Rev. Stat. § 334-74 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-74
Transfer of residents of correctional facilities.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] If any resident of a state correctional facility is in need of acute psychiatric treatment for mental illness, the director of public safety or the officer in charge of the correctional facility may file with the director an application for the transfer of the resident to a facility operated by the department of health or at which the director of health contracts for services, together with the certificate of a psychiatrist or psychologist employed by the department showing the need for such treatment, and, upon approval of the application by the director, the official having custody of the resident shall transfer the resident to the facility operated by the department or at which the director contracts for care and treatment. The official effecting the transfer of the resident shall keep the director informed of the maximum period of commitment of the resident to the director of public safety, and, if the continued care of the resident beyond the expiration of the period is deemed necessary, the director shall institute the procedures required to detain the resident as a patient notwithstanding the resident's release from the state correctional facility; provided that a judicial hearing pursuant to sections 334-60.2 to 334-60.7 be held by the same circuit court that sentenced the resident. In the event that discharge from the facility operated by the department or at which the director contracts for services occurs before the expiration of the maximum period of commitment or confinement, the resident shall be returned to the appropriate state correctional facility.

As used in this section, "resident" means any person serving a sentence in a state correctional facility or any child or minor detained in a state correctional facility. [L 1967, c 259, pt of §1; HRS §334-74; am L 1976, c 130, §8; am L 1977, c 76, §5; am L 1985, c 68, §9; am L 1987, c 338, §10; am L 1988, c 14, §1; am L 1989, c 211, §8; am L 1994, c 153, §3; am L 1999, c 119, §6]

§334-74 Transfer of residents of correctional facilities. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] If any resident of a state correctional facility is in need of acute psychiatric treatment for mental illness, the director of corrections and rehabilitation or the officer in charge of the correctional facility may file with the director an application for the transfer of the resident to a facility operated by the department of health or at which the director of health contracts for services, together with the certificate of a psychiatrist or psychologist employed by the department showing the need for such treatment, and, upon approval of the application by the director, the official having custody of the resident shall transfer the resident to the facility operated by the department or at which the director contracts for care and treatment. The official effecting the transfer of the resident shall keep the director informed of the maximum period of commitment of the resident to the director of corrections and rehabilitation, and, if the continued care of the resident beyond the expiration of the period is deemed necessary, the director shall institute the procedures required to detain the resident as a patient notwithstanding the resident's release from the state correctional facility; provided that a judicial hearing pursuant to sections 334-60.2 to 334-60.7 be held by the same circuit court that sentenced the resident. In the event that discharge from the facility operated by the department or at which the director contracts for services occurs before the expiration of the maximum period of commitment or confinement, the resident shall be returned to the appropriate state correctional facility.

As used in this section, "resident" means any person serving a sentence in a state correctional facility or any child or minor detained in a state correctional facility. [L 1967, c 259, pt of §1; HRS §334-74; am L 1976, c 130, §8; am L 1977, c 76, §5; am L 1985, c 68, §9; am L 1987, c 338, §10; am L 1988, c 14, §1; am L 1989, c 211, §8; am L 1994, c 153, §3; am L 1999, c 119, §6; am L 2022, c 278, §29]
Haw. Rev. Stat. § 321-4.7 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-4.7
[ §321-4.
Status: in_force

[ §321-4.7] Producers of hand-pounded poi; exemption. A producer of hand-pounded poi shall not be required to process poi in a certified food-processing establishment or be required to obtain a permit from the department of health, if the producer:

(1) Sells hand-pounded poi directly to consumers;

(2) Prepares hand-pounded poi adjacent to permanent or temporary hand-washing facilities; and

(3) Complies with rules adopted by the department to protect the health and safety of the public.

The department shall adopt rules pursuant to chapter 91 to effectuate this section no later than December 31, 2011. [L 2011, c 107, §1]
Haw. Rev. Stat. § 321-15.3 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15.3
Criminal history disclosure of prospective care home resident.
Status: in_force

[§321-15.3 Criminal history disclosure of prospective care home resident.] Notwithstanding any other law to the contrary, the department of health shall disclose to the operator of an adult residential care home, to the extent that the division or office of the department that is referring the individual to the care home possesses, the information in existing records at the time of, and as part of, the application for admission, the criminal history of a prospective resident applying for entry to the care home when the prospective resident had previously been:

(1) Convicted of an offense involving violence to a person; or

(2) Admitted to the state hospital under the jurisdiction of the department of health as a result of an acquittal under chapter 704 for an offense involving violence to a person. [L 2002, c 166, §2]
Haw. Rev. Stat. § 339-12 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-12
Intentional release of balloons; prohibition.
Status: in_force

(a) No person or entity shall intentionally release, organize the release of, or otherwise cause the release of a balloon inflated with a gas that is lighter than air, except for:

(1) A balloon released for scientific or meteorological purposes, on behalf of a governmental agency or pursuant to a governmental contract;

(2) A hot air balloon that is recovered after launching; or

(3) A balloon that is released and remains indoors.

(b) Any person or entity who violates this section shall be subject to a civil penalty of no more than $500 for each offense. For the purposes of this section, the release of multiple balloons at one time shall be considered a single offense. [L 2021, c 141, §2]
Haw. Rev. Stat. § 342C-1 — HI Code / Division 1 / Title 19 / Chapter 342C / Section 342C-1
Definitions.
Status: in_force

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

"Chlorofluorocarbon" or "CFC" means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds.

"Department" means the department of health.

"Director" means the director of health.

"Halon" means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402.

"Mobile air conditioner" means an air conditioner designed for installation in a motor vehicle.

"Ozone-depleting compound" means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound.

"Person" includes any individual, firm, association, partnership, or corporation, whether domestic or foreign, whether acting as a principal, agent, employee, or otherwise, and includes any governmental entity or charitable organization.

"Portable" means capable of being carried in hand by one individual. [L 1990, c 316, pt of §2; am L 1992, c 264, §2]
Haw. Rev. Stat. § 336-5 — HI Code / Division 1 / Title 19 / Chapter 336 / Section 336-5
Release of aliens for return to native land.
Status: in_force

The official or board in charge of any institution of the State in which any alien may be maintained or confined, may, notwithstanding any law to the contrary, release any alien from the institution for the purpose of returning or being returned to the alien's native land, such release to be conditioned upon the person so released remaining away from the State.
Haw. Rev. Stat. § 323D-19.1 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-19.1
[ §323D-19.
Status: in_force

[ §323D-19.1] Health care appropriateness and necessity working group; established. (a) There is established the health care appropriateness and necessity working group within the state agency. The working group shall:

(1) Determine by research and consensus:

(A) The most respected peer-reviewed national scientific standards;

(B) Clinical guidelines; and

(C) Appropriate use criteria published by federal agencies, academic institutions, and professional societies,

that correspond to each of the most frequent clinical treatments, procedures, medications, diagnostic images, laboratory and diagnostic tests, or types of medical equipment prescribed by licensed physicians and other health care providers in the State that trigger prior authorization determinations by the utilization review entities;

(2) Assess whether it is appropriate to require prior authorization for each considered clinical treatment, procedure, medication, diagnostic image, laboratory and diagnostic test, or type of medical equipment prescribed by licensed physicians and other health care providers;

(3) Make recommendations on standards for third party reviewers r elated to the specialty expertise of those reviewing and for those discussing a patient's denial with the patient's health care provider;

(4) Recommend appropriate time frame s within which urgent and standard requests shall be decided;

(5) Monitor anticipated federal developments related to prior authorization for health care services and consider these developments when making its recommendations;

(6) Assess industry progress toward, and readiness to implement, any recommendations; and

(7) Make recommendations on treatments for common chronic or long-term conditions for which prior authorization may remain valid for the duration of the treatment in the appropriate clinical setting.

(b) The administrator of the state agency shall invite the following to be members of the working group:

(1) Five members representing the insurance industry, to be selected by the Hawaii Association of Health Plans;

(2) Five members representing licensed health care professionals, two of whom shall be selected by the Hawaii Medical Association, two of whom shall be selected by the Healthcare Association of Hawaii, and one of whom shall be selected by the center for nursing; and

(3) Five members representing consumers of health care or employers, two of whom shall be selected by the board of trustees of the Hawaii employer-union health benefits trust fund, one of whom shall be a consumer selected by the statewide health coordinating council, one of whom shall be selected by the Hawaii Primary Care Association, and one of whom shall be selected by Papa Ola Lokahi.

The members of the working group shall elect a chairperson and vice chairperson from amongst themselves. The director of health, insurance commissioner, and administrator of the med-QUEST division of the department of human services shall each appoint an ex-officio advisor for the working group.

(c) The working group shall submit a report of its findings and recommendations regarding information under subsection (a), including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2026 and each regular session thereafter.

(d) The recommendations of the working group shall be advisory only and not mandatory for health care facilities, health care professionals, insurers, and utilization review entities. The state agency shall promote the recommendations among health care facilities, health care professionals, insurers, and utilization review entities and shall publish annually in its report to the legislature the extent and impacts of its use in the State.

(e) The state agency shall seek transparency and agreement among health care facilities, health care professionals, insurers, utilization review entities, and consumers related to the most respected clinical, scientific, and efficacious standards, guidelines, and appropriate use criteria corresponding to medical treatments and services most commonly triggering prior authorization determinations to reduce uncertainty around common prior authorization processes, and also foster automation of prior authorization to the benefit of all. The state agency shall explore means of achieving statewide health sector agreement on means of automating prior authorization determinations that decrease delays and disruptions of medically necessary patient care in the near future. [L 2025, c 151, pt of §2]
Haw. Rev. Stat. § 321-223 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-223
State emergency medical services system, establishment.
Status: in_force

The department shall establish, administer, and maintain the state emergency medical services system to serve the emergency health needs of the people in the service area. All emergency medical services or ambulance services contracted by or under the authority of the department or any county within the service area shall be consistent with this part.
Haw. Rev. Stat. § 340E-38 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-38
Drinking water fund; deposits.
Status: in_force

The following may be deposited into the drinking water fund:

(1) Federal capitalization grant funds and other federal grants, loans, or appropriations;

(2) Appropriations by the legislature to the drinking water fund;

(3) Payments of principal and interest, matching funds, and other amounts made by public water systems under loans or other agreements entered into with the director under this part;

(4) Fees for loans and other items;

(5) Moneys paid to the drinking water fund as a result of court-ordered awards of judgments;

(6) Moneys paid to the drinking water fund in court-approved or out-of-court settlements;

(7) All interest attributable to investment of moneys deposited in the drinking water fund; and

(8) All moneys allotted or directed to the drinking water fund from other sources. [L 1997, c 218, pt of §2]
Haw. Rev. Stat. § 342I-32 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-32
Entry and inspection of facilities.
Status: in_force

The department or other authorized party may enter and inspect any building or place, according to law at a reasonable time, for the purpose of:

(1) Investigating an actual or suspected violation of this part;

(2) Conducting reasonable tests;

(3) Taking samples; and

(4) Reviewing and copying records. [L 2000, c 173, pt of §1]
Haw. Rev. Stat. § 340E-25 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-25
Preemption.
Status: in_force

[§340E-25 Preemption.] No provision of this part shall in any way modify or preempt the public notification requirements as identified by state or federal regulation pertaining to violation of the safe drinking water regulations.
Haw. Rev. Stat. § 328D-9 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-9
Administrative penalties.
Status: in_force

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

(b) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, 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 that the penalty remains unpaid. [L 1988, c 304, pt of §1]
Haw. Rev. Stat. § 342D-82 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-82
Powers and duties.
Status: in_force

(a) In addition to any other power or duty prescribed by law, the director shall:

(1) Establish fiscal controls and accounting procedures at least sufficient to assure proper accounting for appropriate accounting periods of payments, disbursements, revenues, and fees received and made for fund balances at the beginning and end of the accounting period;

(2) Comply with sections 39-61 and 39-62 and ensure that any revenue bonds issued are excluded from the state constitutional debt ceiling. The revolving fund is a "special fund" within the meaning of article VII, section 13, of the state constitution and part III of chapter 39. The revolving fund is not a "special fund" within the meaning of sections 36-27 and 36-30; and

(3) No later than twenty days prior to the convening of each regular session of the legislature, submit to the legislature a financial report addressing the operations of the revolving fund during the last completed fiscal year.

(b) The director may:

(1) Provide financial assistance consistent with this part to any eligible party for the prevention, control, and abatement of water pollution in the State;

(2) Enter into any necessary or required agreement and give or make any necessary or required assurance, designation, or certification with or to any person in order to receive payments or to make or provide any financial assistance in conformance with Title 33 United States Code sections 1329, 1330, and 1383 to 1387;

(3) Enter into grant agreements with the administrator of the United States Environmental Protection Agency and accept capitalization grants;

(4) Adopt rules pursuant to chapter 91 for the purposes of this part, including rules setting fees for loans issued through the revolving fund and penalties for default of loan repayments;

(5) Pledge funds, loans, and accounts or subaccounts in the revolving fund to the payment or security of revenue bonds or loans issued under this part and make such corpus allocations as the director deems appropriate. The pledge shall constitute a lien and security interest on such funds and loans to the extent and with the priority as set forth in the document establishing the pledge, without physical delivery, recording, or other further act;

(6) Perform any act considered reasonably necessary, advisable, or expedient for the administration of this part or the advancement of the purposes of this part; and

(7) Direct the creation of one or more separate accounts or subaccounts within the revolving fund and specify any conditions applicable to the transfer of moneys and securities among the accounts and subaccounts. [L 1997, c 221, pt of §1; am L 2002, c 132, §5]
Haw. Rev. Stat. § 334-133 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-133
Petition for additional period of treatment; hearing.
Status: in_force

(a) Before the expiration of the period of assisted community treatment ordered by the family court, any interested party may file a petition with the family court for an order of continued assisted community treatment. The department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to this section and with the presentation of the case at any related court proceedings; provided that, if the petitioner is a private provider or other private individual, the petitioner may decline the assistance. The petition shall be filed, and unless the court determines the existence of a guardian, a guardian ad litem appointed, and notice provided in the same manner as under sections 334-123 and 334-125.

(b) The family court shall appoint a guardian ad litem, unless there is an existing guardian, hold a hearing on the petition, and make its decision in the same manner as provided under sections 334-123 to 334-127. The family court may order the continued assisted community treatment for no more than two years after the date of the hearing pursuant to this section if the court finds that the criteria for assisted community treatment continue to exist and are likely to continue beyond one hundred days.

(c) Nothing in this section shall preclude the subject's stipulation to the continuance of an existing order. This section shall be in addition to the provisions on the objection to discharge. [L 1984, c 251, pt of §1; am L 2013, c 221, §§19, 24; am L 2016, c 114, §6; am L 2021, c 58, §7; am L 2023, c 153, §7; am L 2024, c 87, §4]
Haw. Rev. Stat. § 339K-4 — HI Code / Division 1 / Title 19 / Chapter 339K / Section 339K-4
Payment of state obligations.
Status: in_force

The compact administrator, subject to the approval of the comptroller, may make or arrange for any payment necessary to discharge any financial obligation imposed upon this State by the compact or by any supplementary agreement entered into thereunder.
Haw. Rev. Stat. § 328-92 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-92
Drug product and biological product selection.
Status: in_force

(a) When filling a prescription order for a drug prescribed by its brand name, a pharmacist or the pharmacist's authorized agent shall:

(1) Offer to the consumer an equivalent generic drug product or an interchangeable biological product from the Hawaii list of equivalent generic drug products and interchangeable biological products adopted pursuant to section 328-96;

(2) Upon the request of the consumer, inform the consumer of the savings; and

(3) Inform the consumer of the consumer's right to refuse substitution.

The pharmacist shall substitute an equivalent generic drug product or an interchangeable biological product if the practitioner does not prohibit substitution under subsection (b), and the substitute equivalent generic drug product or interchangeable biological product results in a savings. The pharmacist shall not substitute if the consumer refuses.

(b) The pharmacist shall not substitute an equivalent generic drug product or an interchangeable biological product if the practitioner indicates "brand medically necessary" or words of similar meaning on the prescription. The designation "brand medically necessary" or other similar words or phrases must be handwritten by the practitioner and shall not be preprinted or stamped on the written prescription. The pharmacist shall not substitute an equivalent generic drug product or an interchangeable biological product if a prescription is orally or electronically ordered and the practitioner or authorized employee of the practitioner indicates "brand medically necessary" or other similar words or phrases.

The pharmacist shall note the practitioner's instructions on the prescription record required to be maintained under section 328-17.7.

This subsection shall not apply when it does not comply with any federal requirement for services reimbursable by medicaid or medicare.

(c) The pharmacist shall not substitute an equivalent generic drug product or an interchangeable biological product for any prescription for an anti-epileptic drug, except upon the consent of the practitioner and the patient or the patient's parent or guardian. This narrow exception for epileptic patients shall not be construed as a policy decision to make exceptions for any other conditions.

(d) Within two business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the practitioner the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by making an entry that is electronically accessible to the practitioner through:

(1) An interoperable electronic medical records system;

(2) An electronic prescribing technology;

(3) A pharmacy benefit management system; or

(4) A pharmacy record.

(e) Entry into an electronic records system as described in subsection (d) is presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication shall not be required where:

(1) There is no interchangeable biological product approved by the United States Food and Drug Administration for the product prescribed; or

(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.

(f) Th e county prosecutors and the attorney general may bring action upon complaint by an aggrieved person or upon their own motion in the name of the State against any person to enjoin any violation of this part. [L 1980, c 187, pt of §1; am L 1982, c 122, §1(4); gen ch 1985; am L 1992, c 193, §§1, 5; am L 1996, c 209, §3; am L 1997, c 214, §6; am L 2003, c 56, §6; am L 2016, c 242, §4]
Haw. Rev. Stat. § 338-23 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-23
Permit for removal, burial, or other disposition of body.
Status: in_force

When a death or fetal death occurs or a dead body is found, the body shall not be disposed of or removed from the registration district until a written permit has been issued by the local agent of the department of health, except that if the dead fetus is less than twenty-four weeks of gestation, no permit shall be required and except that if the death occurred as a result of an accident or other casualty occurrence, the local agent of the department of health may orally authorize the dead bodies to be removed from a registration district and airlifted or otherwise directly transported to the Honolulu registration district for the preparation and filing of death certificates and the issuance of written permits for further disposition.
Haw. Rev. Stat. § 342L-23 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-23
Directory of underground storage tank service providers.
Status: in_force

(a) The director shall develop and maintain a directory of service providers who are identified in [subsection] (c). Information submitted by service providers shall be made readily available to owners and operators of underground storage tanks and tank systems and the public for review and inspection upon request.

(b) The directory shall consist of service providers who are:

(1) Individuals, engaged in types of services in [subsection] (c), having signatory authority and responsibilities; and

(2) Persons, representing firms engaged in types of services in [subsection] (c), who have signatory authority and responsibilities.

(c) Categories of service providers include the following:

(1) Installation of underground storage tanks or tank systems;

(2) Retrofitting underground storage tanks or tank systems for corrosion protection, spill and overfill prevention, and release detection;

(3) Operating and maintaining corrosion protection systems;

(4) Repairing underground storage tanks and tank systems;

(5) Testing and monitoring underground storage tanks and tank systems for releases of petroleum and hazardous substances;

(6) Assessment of an underground storage tank site for the nature and extent of contamination of soil and waters by released substances;

(7) Procurement of product, soil, and water samples;

(8) Preparation and analysis of product, soil, and water samples;

(9) Procurement of field measurements to screen for and characterize contaminants;

(10) Abatement and remediation of contaminants at the site to levels protective of human health and the environment;

(11) Cleaning of underground storage tanks or tank systems;

(12) Excavating and removing underground storage tanks or tank systems, and contaminated soils and debris;

(13) Transporting underground storage tanks or tank systems, contaminated soils and debris; and

(14) Treatment, storage, and disposal of uncleaned underground storage tanks or tank systems, contaminated soils and debris.

(d) Effective June 18, 1992, service providers wishing to be listed in the directory may submit to the director, at a minimum, the following types of information:

(1) Full name of the individual or person in a firm with signatory authority and responsibilities;

(2) Current job title and description of responsibilities;

(3) Name of the firm or company currently employing the person, if applicable;

(4) Identification of the specific category or categories of services provided in [subsection] (c) to be provided;

(5) List the number, types, and qualifications of personnel reporting to the person with signatory authority and responsibility, if any;

(6) For the individual or person with signatory authority and responsibility, formal education, including specific copies of diplomas from high schools, vocational schools, colleges, and universities;

(7) For the individual or person with signatory authority and responsibility, registrations and certifications, including copies of registered professional engineering license, plumbers license, tank or tank system installer certification by manufacturer, tank or tank system testing certifications, commercial haulers license, etc. (including registrations and certifications from other states);

(8) For the individual or person with signatory authority and responsibility, formal training, including description of courses and seminars and certificates of completion thereof;

(9) For the individual or person with signatory authority and responsibility, related work experience, including type of work, and identification and telephone numbers of any references;

(10) For the individual or person with signatory authority and responsibility, memberships and affiliation with professional and work organizations; and

(11) For the individual or person with signatory authority and responsibility, statement attesting to coverage of financial liability relating to the applicable categories of work in [subsection] (c). [L 1992, c 259, pt of §1]

Revision Note

"June 18, 1992" substituted for "on the date of approval of this Act".
Haw. Rev. Stat. § 334-127 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-127
Disposition.
Status: in_force

(a) If, after considering all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the subject of the petition does not meet the criteria for assisted community treatment, the family court shall dismiss the petition. Notice of the dismissal shall be provided to those persons entitled to notice pursuant to section 334-125.

(b) If, after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the criteria for assisted community treatment under section 334-121(1) have been met beyond a reasonable doubt and that the criteria under section 334-121(2) to (4) have been met by clear and convincing evidence, the family court shall order the subject to obtain assisted community treatment for a period of no more than two years. The written treatment plan submitted pursuant to section 334-126(g) shall be attached to the order and made a part of the order.

If the family court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication to be included in treatment at the discretion of the assisted community treatment provider.

The court order shall state who should receive notice of intent to discharge early in the event that the assisted community treatment provider determines, before the end of the court ordered period of treatment, that the subject should be discharged early from assisted community treatment.

Notice of the order shall be provided to the director, the petitioner, and those persons entitled to notice pursuant to section 334-125.

(c) The family court shall also designate on the order the assisted community treatment provider.

(d) Nothing in this section shall preclude the subject's stipulation to the continuance of an existing court order. [L 1984, c 251, pt of §1; am L 2013, c 221, §§13, 24; am L 2016, c 114, §§3, 6; am L 2017, c 88, §6; am L 2018, c 144, §12; am L 2019, c 129, §6; am L 2021, c 58, §5; am L 2023, c 153, §4; am L 2025, c 219, §19]
Haw. Rev. Stat. § 329-58 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-58
Education and research.
Status: in_force

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) The department of public safety shall carry out educational programs designed to prevent and determine misuse and abuse of controlled substances. In connection with these programs it may:

(1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

(5) Disseminate the result of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;

(6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

(b) The department of public safety may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are subjects of research for which the authorization was obtained.

(c) The department of public safety may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L Sp 1993, c 8, §54; am L 2004, c 216, §38]

§329-58 Education and research. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] (a) The department of law enforcement shall carry out educational programs designed to prevent and determine misuse and abuse of controlled substances. In connection with these programs it may:

(1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

(5) Disseminate the result of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;

(6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

(b) The department of law enforcement may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are subjects of research for which the authorization was obtained.

(c) The department of law enforcement may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L Sp 1993, c 8, §54; am L 2004, c 216, §38 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 327G-10 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-10
Obligations of health care providers; limitations on liability.
Status: in_force

(a) The supervising health care provider, health care provider, or health care institution shall continue to obtain the principal's informed consent to all mental health treatment decisions when the principal has capacity to provide informed consent or refusal. Unless the principal is deemed to lack capacity pursuant to this chapter, the instructions or decisions of the principal at the time of mental health treatment shall supersede the preferences or instructions expressed in the principal's advance mental health care directive.

(b) Upon being presented with an advance mental health care directive, the supervising health care provider or health care institution shall make the advance mental health care directive a part of the principal's medical record. When acting under the authority of an advance mental health care directive, the supervising health care provider, health care provider, or health care institution shall comply with it to the fullest extent possible, consistent with reasonable medical practice, the availability of treatments requested, and applicable law. In the event that one or more parts of the advance mental health care directive cannot be followed, all other parts of the advance mental health care directive shall nonetheless be followed.

(c) A supervising health care provider, health care provider, or health care institution may consider an advance mental health care directive to be valid and rely upon it in the absence of actual knowledge or notice of its revocation or invalidity.

(d) If the supervising health care provider or health care institution is unwilling at any time to comply with the advance mental health care directive or instructions of an agent, the supervising health care provider or health care institution may withdraw from providing mental health treatment consistent with the exercise of independent medical judgment. Upon withdrawal, the supervising health care provider or health care institution shall promptly notify the principal and agent and shall promptly record the notification in the principal's medical record.

(e) A physician or licensed psychologist, who in good faith determines that the principal has or lacks capacity in accordance with this chapter to decide whether to invoke an advance mental health care directive, is not subject to criminal prosecution, civil liability, or professional disciplinary action for making and acting upon that determination.

(f) In the absence of actual knowledge or notice of the revocation of an advance mental health care directive, the supervising health care provider, health care provider, or health care institution shall not be subject to criminal prosecution, civil liability, or professional disciplinary action as a result of providing or withholding mental health treatment to a principal in accordance with this chapter or the advance mental health care directive, unless the absence of actual knowledge or notice resulted from the negligence of the supervising health care provider, health care provider, or health care institution.

(g) The supervising health care provider, health care provider, or health care institution who provides or withholds mental health treatment under this chapter or the advance mental health care directive shall not incur liability arising out of a claim to the extent that the claim is based upon lack of informed consent or authorization for the action.

(h) This section shall not be construed as affecting or limiting liability that arises out of a negligent act or omission in connection with the medical diagnosis, care, or mental health treatment of a principal under an advance mental health care directive or that arises out of any deviation from reasonable medical standards.

(i) This chapter does not authorize or require a supervising health care provider, health care provider, or health care institution to provide mental health treatment contrary to generally accepted health care standards applicable to the health care provider or institution. [L 2004, c 224, pt of §2]
Haw. Rev. Stat. § 340A-2 — HI Code / Division 1 / Title 19 / Chapter 340A / Section 340A-2
Ownership of solid waste.
Status: in_force

Unless otherwise provided by county ordinance or federal regulation, the owner of solid waste shall be:

(1) The generator of the solid waste until the solid waste is collected;

(2) The collector until the solid waste is deposited with an operator;

(3) In the absence of a collector, the generator of the solid waste until the solid waste is deposited with an operator; or

(4) The operator upon acceptance of the solid waste. [L 1976, c 184, pt of §2; am L 1982, c 19, §1]
Haw. Rev. Stat. § 326-11 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-11
Voluntary transfer to and from Kalaupapa.
Status: in_force

Any person undergoing treatment and receiving care for Hansen's disease at Hale Mohalu on June 30, 1969, may be transferred to Kalaupapa for care and treatment if the person desires. Any person who may undergo treatment and receive care for Hansen's disease at Hale Mohalu after June 30, 1969, may apply to the director of health for transfer to Kalaupapa. Any person undergoing treatment and receiving care for Hansen's disease at Kalaupapa may be transferred to Hale Mohalu for care and treatment if the person desires. A person transferred may be retransferred to Kalaupapa if the person desires.
Haw. Rev. Stat. § 340B-12 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-12
Annual report.
Status: in_force

Within twelve months from June 2, 1978, and annually thereafter, the board shall submit to the governor, through the director, a report summarizing the actions taken under this chapter, and the effectiveness of such actions and such information and recommendations, including legislative recommendations, as deemed appropriate.

Revision Note

"June 2, 1978" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 323D-17 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-17
Public hearings required.
Status: in_force

In the preparation of the state health services and facilities plan or amendments to the state health services and facilities plan, the state agency and the statewide council shall conduct a public hearing on the proposed plan or the amendments and shall comply with the provisions for notice of public hearings in chapters 91 and 92.
Haw. Rev. Stat. § 334-129 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-129
Failure to comply with assisted community treatment.
Status: in_force

(a) A qualified psychiatric examiner may prescribe or administer to the subject of the order reasonable and appropriate medication or medications, if specifically authorized by a court order, and treatment that is consistent with accepted medical standards and the court order, including the written treatment plan submitted pursuant to section 334-126(g), in accordance with the procedures described in subsection (b).

(b) A qualified psychiatric examiner may administer medication or medications specifically authorized by a court order to a subject of the order over objection of the subject during emergency examination or hospitalization under part IV, subpart A or while committed for involuntary hospitalization under part IV, subpart C.

(c) A subject of the order may be transported to a psychiatric facility or other facility designated by the director for failure to comply with an order for assisted community treatment via the following methods:

(1) By an interested party with the consent of the subject of the order; or

(2) In accordance with section 334-44(b).

(d) The assisted community treatment provider shall make reasonable efforts to solicit the subject's compliance with the prescribed treatment. If the subject fails or refuses to comply after the efforts to solicit compliance, the assisted community treatment provider shall proceed pursuant to section 334-43 or 334-44; provided that the refusal of treatment shall not, by itself, constitute a basis for involuntary hospitalization.

(e) Notice of any transport or hospitalization under this section shall be provided pursuant to section 334-47. [L 1984, c 251, pt of §1; am L 2013, c 221, §§15, 24; am L 2016, c 114, §§4, 6; am L 2017, c 88, §7; am L 2018, c 144, §13; am L 2021, c 58, §6; am L 2025, c 219, §20]
Haw. Rev. Stat. § 328D-5 — HI Code / Division 1 / Title 19 / Chapter 328D / Section 328D-5
Finished product monitoring.
Status: in_force

(a) To assure that bottled water complies with section 328D-2, the following product monitoring of representative samples derived from the bottled product shall be performed:

(1) For microbiological contaminants specified in section 328D-2, a representative sample from a batch or segment of a continuous production for each type of bottled water produced by the plant shall be analyzed weekly; and

(2) For chemical, physical, and radiological contaminants specified in section 328D-2, a representative sample from a batch or segment of continuous product run for each type of bottled drinking water produced by the plant shall be analyzed annually.

(b) The required product water sampling shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory.

(c) Records of required sampling and analysis shall be maintained at the plant not less than two years and shall be available for official review upon request of the department or government agency or agencies having jurisdiction. [L 1988, c 304, pt of §1]
Haw. Rev. Stat. § 342D-17 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-17
Enforcement by state and county authorities.
Status: in_force

All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department.
Haw. Rev. Stat. § 340B-7 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-7
Regulations.
Status: in_force

The board shall adopt such rules and regulations as may be necessary for the administration of this chapter, and which shall include at least the following provisions:

(1) The basis for classification of wastewater treatment plants as required by section 340B-2;

(2) Criteria for the qualification of applicants for operator certification corresponding to each of the classifications referred to in paragraph (1) of this section;

(3) Procedures for examination of candidates and renewal of certificates; and

(4) Procedures for the revocation of certificates. [L 1978, c 169, pt of §2]
Haw. Rev. Stat. § 334-45 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-45
Emergency examination.
Status: in_force

(a) A licensed physician, medical resident under the supervision of a licensed physician, physician assistant, psychologist, or advanced practice registered nurse may conduct an initial examination and screening of a patient transported under section 334-42, 334-43, or 334-44 to determine whether the criteria for involuntary hospitalization listed in section [334-60.2] persists and administer treatment as indicated by good medical practice; provided that if after the examination, screening, and treatment, the licensed physician, medical resident under the supervision of a licensed physician, physician assistant, psychologist, or advanced practice registered nurse determines that the involuntary hospitalization criteria persists , then the patient shall be further examined by a qualified psychiatric examiner to diagnose the presence or absence of a mental illness or substance use disorder, further assess the risk that the patient may be dangerous to self or others, and assess whether or not the patient continues to meet the criteria for involuntary hospitalization as provided in section 334-60.2. If no initial examination and screening of the patient is conducted, a qualified psychiatric examiner shall conduct an emergency examination of a patient transported under section 334-42, 334-43, or 334-44 without unnecessary delay and provide the patient with treatment as indicated by good medical practice; provided that the emergency examination shall include a determination of whether the patient meets the criteria for involuntary hospitalization as provided in section 334-60.2.

(b) If, following an emergency examination of a patient under subsection (a), a qualified psychiatric examiner determines that the criteria for involuntary hospitalization do not exist, the patient shall be discharged expeditiously; provided that if the patient is not under an order for assisted community treatment, a qualified psychiatric examiner shall conduct an examination pursuant to section 334-121.5 before the discharge. A patient under criminal charges shall be returned to the custody of a law enforcement officer. [L 2025, c 219, pt of §3]
Haw. Rev. Stat. § 325-75 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-75
Reporting recovery of patient.
Status: in_force

Upon the recovery of any person having tuberculosis, the attending physician shall make a report of this fact to the department of health or its agent, who shall record the same, and shall relieve the person from further liability to any requirement imposed by this part.
Haw. Rev. Stat. § 328J-16 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-16
Cigarette sales from vending machines and by lunch wagons prohibited.
Status: in_force

(a) The sale or distribution at no charge of cigarettes by the following methods is prohibited:

(1) From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen; or

(2) From a lunch wagon engaging in any sales activity within one thousand feet of any public or private elementary or secondary school grounds.

(b) Violations of subsection (a), including placement of a cigarette vending machine in a location other than a bar, cabaret, or any establishment for which the minimum age for admission is eighteen, are subject to a fine of up to $1,000 per day for each violation.

(c) As used in this section:

"Cigarette vending machine" means a self-service device that dispenses cigarettes, cigars, tobacco, or any other product containing tobacco.

"Lunch wagon" means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public and includes but is not limited to manapua trucks.

"Sell" or "sale" means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic in. [L 2006, c 295, pt of §2]
Haw. Rev. Stat. § 321-228.6 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-228.6
Renumbered as §321-23.
Status: in_force

§321-228.6 Renumbered as §321-23.
Haw. Rev. Stat. § 334B-2 — HI Code / Division 1 / Title 19 / Chapter 334B / Section 334B-2
Definitions.
Status: in_force

As used in this chapter:

"Director" means the director of health.

"Health care provider" means any person, corporation, facility, or institution licensed by this State to provide health care services, including but not limited to a physician, hospital or other health care facility, nurse, psychologist, or substance abuse counselor, and officer, employee, or agent of such provider acting in the course and scope of employment or agency related to health care services.

"Health care services" means diagnosis, treatment, medical or psychological evaluation or advice, or other acts as permissible under the health care licensing statutes of this State.

"Physician" means a person licensed to practice medicine under chapter 453.

"Psychologist" means a person licensed to practice psychology under chapter 465.

"Review agent" means a hospital or nonhospital-affiliated person or entity performing utilization review or managed care that is either affiliated with, under contract with, or acting on behalf of:

(1) A business entity in this State; or

(2) A third party that provides or administers hospital, medical, psychological, or other health care benefits to citizens of this State, including a health insurer, nonprofit health service plan, health insurance service organization, health maintenance organization, or preferred provider organization authorized to offer health insurance policies or contracts in this State.

"Utilization review" or "managed care" means a system for reviewing the appropriate and efficient allocation of mental health, alcohol, or drug abuse treatment services given or proposed to be given to a patient or group of patients for the purpose of recommending or determining whether such services should be reimbursed, covered, or provided by an insurer, plan or other entity or person.

"Utilization review plan" means a description of the criteria and standards governing utilization review or managed care activities performed by a review agent. [L 1991, c 95, pt of §1]
Haw. Rev. Stat. § 325-114 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-114
Liability.
Status: in_force

(a) Possession or delivery of needles or syringes shall not constitute an offense under section 329-43.5 for program staff acting in the course and scope of official duties; provided that delivery is limited to other program staff or to syringe exchange participants pursuant to this part. Possession of needles or syringes shall not constitute an offense under section 329-43.5 for syringe exchange participants participating in a program visit.

(b) Possession or delivery of authorized objects shall not constitute an offense under section 329-43.5 for program staff acting in the course and scope of official duties; provided that delivery is limited to other program staff or to syringe exchange participants pursuant to this part. Possession of authorized objects shall not constitute an offense under section 329-43.5 for syringe exchange participants participating in a program visit. The department shall establish a specific list of authorized objects, which may be updated from time to time as needed.

(c) Possession or delivery of used needles or syringes containing residue shall not constitute a drug possession offense under section 712-1242(1)(c), 712-1243, 712-1245(1)(c), 712-1246.5, 712-1248(1)(d), or 712-1249 for syringe exchange participants within two months after their last participation in a program visit; and shall not constitute an offense for program staff acting in the course and scope of official duties; provided that any delivery, whether by syringe exchange participants or by program staff, shall be made only to program staff pursuant to this part.

(d) Subsections (a), (b), and (c) shall only apply to needles, syringes, or authorized objects possessed by syringe exchange participants or program staff; or to needles, syringes, or authorized objects delivered between program staff, or between a syringe exchange participant and program staff.

(e) Subsections (a), (b), and (c) shall not apply to any needles, syringes, or authorized objects:

(1) Possessed by anyone other than syringe exchange participants or program staff; or

(2) Delivered between:

(A) Syringe exchange participants;

(B) A syringe exchange participant and an individual who is neither a syringe exchange participant nor program staff;

(C) Individuals who are neither syringe exchange participants nor program staff; or

(D) An individual who is neither a syringe exchange participant nor program staff.

(f) A law enforcement officer who, acting in good faith, arrests or charges a person who is thereafter determined to be exempt from an offense pursuant to this section shall not be subject to civil liability for the mere arrest or filing of charges.

(g) Except as specifically provided in this section, nothing in this part shall provide immunity from prosecution to any person for violation of any law prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances, dangerous drugs, detrimental drugs, or harmful drugs. Except as specifically provided in this section, nothing in this part shall provide immunity from prosecution to any person for violation of section 329-41, 329-42, or 712-1241 through 712-1249.7. [L 1992, c 152, pt of §2; am L 2025, c 106, §4]
Haw. Rev. Stat. § 323D-46 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-46
Conditional certification.
Status: in_force

The state agency shall provide by rules adopted in conformity with chapter 91 for the conditional certification of those proposals which, by modification of specific items of the proposal, would successfully meet the criteria for approval. The state agency shall establish a time period not to exceed one hundred fifty days from the date of the conditional certification within which the applicant shall certify to the state agency that the required modifications have been made. The state agency shall require a statement from the applicant certifying that the required modifications have been made before a certificate of need is issued. The state agency shall deny any application in which the required modifications have not been made within the time period established by the state agency.
Haw. Rev. Stat. § 329D-24.5 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-24.5
Cannabis cultivator; license required.
Status: in_force

[Section effective January 1, 2028.] (a) Notwithstanding section 329D-24, it shall be unlawful for any person to cultivate cannabis without a license issued by the department pursuant to this section.

(b) A cannabis cultivator license shall authorize the licensee to:

(1) Acquire and cultivate cannabis plants, seeds, cuttings, or clones; and

(2) Distribute cannabis plants and cannabis flower to a medical cannabis dispensary.

(c) The department shall issue no more than one cannabis cultivator license for each person.

(d) A person issued a cannabis cultivator license under this section shall meet all production facility and processing requirements of this chapter. [L 2025, c 241, §17]
Haw. Rev. Stat. § 326-1.3 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-1.3
Liberty, autonomy, and dignity of patient residents.
Status: in_force

(a) In recognition of the disruptions and hardships experienced over the course of their lives by former Hansen's disease patients residing at Kalaupapa, the legislature declares its intent to ensure that all residents at Kalaupapa are treated with dignity, respect, courtesy, and sensitivity and that the protections extended by this chapter to the patient residents at Kalaupapa are honored and upheld by the department of health to the extent possible within their purview.

(b) Notwithstanding any other law to the contrary, the department of health shall promote and protect the personal liberty, autonomy, and dignity of all patient residents at Kalaupapa. [L 2005, c 37, §1]
Haw. Rev. Stat. § 329D-14 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-14
Prohibited acts related to exceeding limits; fraud; penalties.
Status: in_force

(a) It shall be unlawful for any person to obtain or attempt to procure any medical cannabis or medical cannabis product by:

(1) Fraud, deceit, misrepresentation, embezzlement, or theft;

(2) The forgery or alteration of a medical cannabis permit;

(3) Furnishing fraudulent medical information or the concealment of a material fact;

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

(5) The alteration of a state issued medical use of cannabis permit card.

(b) Any person who violates subsection (a) shall be guilty of a class C felony. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
Haw. Rev. Stat. § 334-23 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-23
Money belonging to patients.
Status: in_force

Whenever small amounts of cash come into the hands of the administrator of a psychiatric facility, the administrator may, without seeking the appointment of a guardian, deposit the money in a bank or other financial institution and from time to time as the administrator may determine apply the same or any part thereof for the benefit of the patient, provided that so long as a guardian is not appointed, the administrator shall not apply any part of the cash for the maintenance of the patient in the facility.
Haw. Rev. Stat. § 327K-1 — HI Code / Division 1 / Title 19 / Chapter 327K / Section 327K-1
Definitions.
Status: in_force

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

"Department" means the department of health.

"Form" means a provider orders for life-sustaining treatment form adopted by the department.

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

"Legally authorized representative" means an agent, guardian, or surrogate, as those terms are defined in section 327E-2, or agent designated through a power of attorney for health care, as defined in section 327E-2.

"Patient's provider" means a physician licensed pursuant to chapter 453, a physician assistant licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457.

"Provider orders for life-sustaining treatment form" means a form signed by a patient, or if incapacitated, by the patient's legally authorized representative and the patient's provider, that records the patient's wishes and that directs a health care provider regarding the provision of resuscitative and life-sustaining measures. A provider orders for life-sustaining treatment form is not an advance health-care directive. [L 2009, c 186, pt of §1; am L 2014, c 154, §3; am L 2015, c 35, §43; am L 2022, c 293, §4; am L 2024, c 98, §2]
Haw. Rev. Stat. § 326-37 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-37
Sheriff, duties.
Status: in_force

The sheriff of the county of Kalawao shall preserve the public peace and shall arrest and take before the district judge for examination all persons who attempt to commit or who have committed a public offense and prosecute the same to the best of the sheriff's ability.
Haw. Rev. Stat. § 323D-74 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-74
Hearings.
Status: in_force

(a) The agency, after consultation with the attorney general, shall, if appropriate, hold a public hearing during the course of review, which hearing may be held jointly with the certificate of need review panel or the statewide health coordinating council, and in which any person may file written comments and exhibits or appear and make a statement. The agency or the attorney general may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions, and use related discovery procedures for purposes of the hearing and at any time prior to making a decision on the application.

(b) The hearing shall be held no later than sixty days after receipt of a complete application. The hearing shall be held upon ten working days notice, not including days the application is deemed to be incomplete. [L 1998, c 257, pt of §1]
Haw. Rev. Stat. § 323D-82 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-82
Maintenance of services.
Status: in_force

A person who has acquired or is engaged in the acquisition of a hospital shall not substantially reduce or eliminate direct patient care services at the hospital below the levels at which those services were available at the time of the acquisition, without first giving written notice of the planned reduction or elimination to the agency and receiving the agency's approval, prior to implementing the reduction or elimination of services.
Haw. Rev. Stat. § 321-213 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-213
Exemptions.
Status: in_force

This part shall not apply to:

(1) Any person under twenty-one years of age, with parental authorization, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco sales to persons under twenty-one years of age; or

(2) Possession of tobacco products by a person under twenty-one years of age in the course of delivery, pursuant to the direction of the person's employer lawfully engaged in business necessitating the delivery. [L 2015, c 122, pt of §2]
Haw. Rev. Stat. § 342G-117 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-117
Handling fees and refund values for certified redemption centers.
Status: in_force

(a) The department shall pay to each certified redemption center a handling fee of not less than the prevailing deposit beverage container fee for each deposit beverage container redeemed by a consumer that is:

(1) Transported out-of-state;

(2) Received by an approved in-state company for an approved end use for recycling; or

(3) Received by a department-permitted recycling facility;

provided that the deposit beverage container is physically received by the redemption center.

(b) The department shall evaluate the handling fee at least once per year. If the department changes the amount of the handling fee, the department shall publish notice of the change within thirty days of its determination.

(c) The handling fee shall be paid in addition to the refund value of each empty deposit beverage container. Payments for handling fees shall be based on redemption center reports submitted to the department; provided that there is no discrepancy in the reports. The department may choose to pay the handling fee and refund value on the basis of the total weight of the containers received by material type and the average weight of each container type; provided that the deposit beverage container is physically received by the redemption center.

(d) A handling fee and refund value may only be paid once for each container redeemed by a consumer and claimed by a redemption center in accordance with section 342G-119. [L 2002, c 176, pt of §2; am L 2004, c 241, §10; am L 2007, c 285, §10]
Haw. Rev. Stat. § 321-72 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-72
Sources of ionizing radiation; federal-state agreements.
Status: in_force

The governor, on behalf of the State, may enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by the State.
Haw. Rev. Stat. § 328-2.1 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-2.1
REPEALED.
Status: in_force

L 1977, c 58, §44 and c 200, §3.
Haw. Rev. Stat. § 340F-5 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-5
Association of certification authorities.
Status: in_force

The board may, when taking action pursuant to sections 340F-2, 340F-3, and 340F-7, consider generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities.
Haw. Rev. Stat. § 328J-10 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-10
Nonretaliation and nonwaiver of rights.
Status: in_force

(a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.

(b) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. [L 2006, c 295, pt of §2]
Haw. Rev. Stat. § 342D-89 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-89
Revenue bonds; payment and security.
Status: in_force

(a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the water pollution control loan program for which the revenue bonds are issued, including:

(1) Any repayment of eligible loans or other agreements entered into for the water pollution control loan programs;

(2) Revenues derived from insurance proceeds; and

(3) Reserve accounts and earnings thereon.

(b) The director may pledge any and all revenues derived from the water pollution control loan program to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.

(c) The revenue bonds may be additionally secured by the pledge or assignment of the loans and other agreements or any note, other undertaking, or obligation held by the director or the department to secure the loans.

(d) The director may issue such types of bonds as the director may determine, including bonds on which the principal and interest are payable exclusively from the income and revenues of the water pollution control loan program. [L 1997, c 221, pt of §1]
Haw. Rev. Stat. § 342H-19 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-19
Effect of laws, ordinances, and rules.
Status: in_force

(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.

(b) Except as provided in section 342H-30(c), any county may adopt ordinances and rules governing any matter relating to solid waste management that is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to solid waste management shall be void and of no effect as to any matter regulated by a rule of the department upon its adoption. [L 1989, c 212, pt of §4; am L 1994, c 210, §5]
Haw. Rev. Stat. § 321H-4 — HI Code / Division 1 / Title 19 / Chapter 321H / Section 321H-4
Neurotrauma special fund.
Status: in_force

(a) There shall be established the neurotrauma special fund to be administered by the department with advisory recommendations from the neurotrauma advisory board. The fund shall consist of:

(1) Moneys raised pursuant to the surcharges levied under sections 291-11.5, 291-11.6, 291C-12, 291C-12.5, 291C-12.6, 291C-102, 291C-105, 291C-108, and 291E-61;

(2) Federal funds granted by Congress or executive order, for the purpose of this chapter; provided that the acceptance and use of federal funds shall not commit state funds for services and shall not place an obligation upon the legislature to continue the purpose for which the federal funds are made available; and

(3) Funds appropriated by the legislature for the purpose of this chapter.

(b) The fund shall be used for the purpose of funding and contracting for services relating to neurotrauma as follows:

(1) Education on neurotrauma;

(2) Assistance to individuals and families to identify and obtain access to services;

(3) Creation of a registry of neurotrauma injuries within the State to identify incidence, prevalence, individual needs, and related information; and

(4) Necessary administrative expenses to carry out this chapter not to exceed two per cent of the total amount collected.

(c) Moneys in the neurotrauma special fund may be appropriated to obtain federal and private grant matching funds, subject to section 321H-4(a)(2).

(d) In administering the fund, the director shall maintain records of all expenditures and disbursements made from the neurotrauma special fund.

(e) The director shall submit to the legislature an annual report on the activities under the neurotrauma special fund no later than twenty days prior to the convening of each regular session. [L 2002, c 160, pt of §2; am L 2006, c 129, §6; am L 2024, c 112, §7]
Haw. Rev. Stat. § 327-13 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-13
Delivery of document of gift not required; right to examine.
Status: in_force

(a) A document of gift need not be delivered during the donor's lifetime to be effective.

(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 327-11. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 334-60.3 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-60.3
Initiation of proceeding for involuntary hospitalization.
Status: in_force

(a) Any person may file a petition alleging that an individual meets the criteria for commitment to a psychiatric facility as provided in section 334-60.2. The petition shall be filed in the county where the individual resides and executed subject to penalties provided by law but need not be sworn to before a notary public. The department of the attorney general shall assist the petitioner in stating the substance of the petition in plain and simple language. The petition may be accompanied by a certificate of the qualified psychiatric examiner or psychologist who has examined the individual within two days before the petition is filed, unless the individual whose commitment is sought has refused to submit to medical or psychological examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the signs and symptoms relied upon by the qualified psychiatric examiner or psychologist to determine the individual is in need of treatment and whether the individual is capable of realizing and making a rational decision with respect to the individual's need for treatment. If the petitioner believes that further examination is necessary before commitment, the petitioner may request further examination.

(b) In the event the subject of the petition has been given an examination, evaluation, or treatment in a psychiatric facility within five days before submission of the petition, and hospitalization is recommended by the staff of the facility, the petition may be accompanied by the administrator's certificate in lieu of a qualified psychiatric examiner's or psychologist's certificate.

(c) The petition shall include the name, address, and telephone number of at least one of the following persons in the following order of priority: the subject of the petition's spouse or reciprocal beneficiary, legal parents, adult children, surrogate, and legal guardian. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult child, surrogate, or legal guardian, or if none can be found, notice shall be served on at least one of the subject's closest adult relatives, if any can be found. [L 1984, c 188, pt of §3; gen ch 1985; am L 1994, c 58, §2; am L 2015, c 27, §3; am L 2018, c 144, §3; am L 2025, c 219, §7]
Haw. Rev. Stat. § 342J-56 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-56
Emergency powers; procedures.
Status: in_force

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

(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of the declaration, if the power is conferred by statute or constitutional provision, or inheres in the office. [L 1996, c 82, pt of §1; am L 2014, c 218, §8]
Haw. Rev. Stat. § 342G-25 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-25
Contents of county integrated solid waste management plans.
Status: in_force

(a) Each county plan and subsequent revision shall include:

(1) A program element; and

(2) A facility capacity and siting element.

A county may include additional elements at its discretion.

(b) The program element shall include at a minimum:

(1) A waste stream assessment component;

(2) A source reduction component;

(3) A recycling and bioconversion component;

(4) An energy-balance component;

(5) A special waste component;

(6) A household hazardous waste component;

(7) A public education and information component;

(8) A landfill and incineration component;

(9) A marketing and procurement of materials component;

(10) A program implementation component; and

(11) A program funding component.

(c) The facility capacity and siting element shall include at a minimum:

(1) An existing capacity and future needs component;

(2) A facility implementation component; and

(3) An enterprise zone component. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 321-22 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-22
Long term care service development fund established.
Status: in_force

There is established in the treasury of the State a special fund to be known as the long term care service development fund, which shall be administered by the executive office on aging to provide grants to promote the establishment, reorganization, or expansion of businesses and nonprofit corporations offering community-based long term care services on a fee-for-service basis and to provide funding for training and business plan development, including, but not limited to, workshops assisting providers on the development of their business plans, assistance with applications for grants, business management training, and other types of training.
Haw. Rev. Stat. § 324-44 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-44
Penalty.
Status: in_force

Any person violating this part shall be guilty of a misdemeanor and fined not more than $500.
Haw. Rev. Stat. § 329D-20 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-20
Law enforcement access to dispensary and production center records.
Status: in_force

Notwithstanding any other law, the department shall disclose information, documents, and other records regarding medical cannabis dispensaries and production centers, upon request, to any state, federal, or county agency engaged in the criminal investigation or prosecution of violations of applicable state, county, or federal laws or regulations related to the operations or activities of a medical cannabis dispensary.
Haw. Rev. Stat. § 334-127.5 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-127.5
Records and disclosure of information.
Status: in_force

(a) A treatment provider who provided or is providing medical, psychiatric, therapeutic, or social services treatment to an individual shall provide relevant treatment information, if available, to the department of the attorney general upon the department's request for the purpose of preparing a petition for assisted community treatment. The treatment information may include a certificate issued pursuant to section 334-123(c), a treatment plan prepared pursuant to section 334-126(g), records related to actions or proceedings pursuant to part IV, records relating to the individual's treatment history, and other records deemed relevant by the individual's treatment provider.

(b) The petitioner of an assisted community treatment order, department of the attorney general, and family court shall disclose an assisted community treatment order to state and county law enforcement agencies, an assisted community treatment provider, or any other entity necessary to carry out the terms of the assisted community treatment order. [L 2025, c 219, §4]
Haw. Rev. Stat. § 330C-3 — HI Code / Division 1 / Title 19 / Chapter 330C / Section 330C-3
Definitions.
Status: in_force

For the purposes of this chapter:

(1) "Director" means the director of health.

(2) "Household substance" means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is:

(A) A hazardous substance as defined by this section;

(B) A pesticide as defined by this section;

(C) A food, drug, or cosmetic as those terms are defined by section 328-1; or

(D) A substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house.

(3) "Hazardous substance" means:

(A) Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

(B) Any substances which the director by rule finds pursuant to section 330C-4(1), meet the requirements of subparagraph (A) of this paragraph.

(C) Any radioactive substances, if, with respect to such substances as used in a particular class of article or as packaged, the director determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health.

(D) The term "hazardous substance" shall not apply to pesticides subject to the Federal Insecticide, Fungicide, and Rodenticide Act, nor to foods, drugs, and cosmetics subject to the Federal Food, Drug, and Cosmetic Act, nor to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house, but such term shall apply to any article which is not itself an economic poison within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act but which is a hazardous substance within the meaning of subparagraph (A) of this paragraph by reason of bearing or containing such a pesticide.

(E) The term "hazardous substance" shall not include any source material, special nuclear material, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission.

(4) "Pesticide" means:

(A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living persons or other animals, which the board of agriculture and biosecurity or the administrator of the Environmental Protection Agency shall declare to be a pest, and

(B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(5) "Package" means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of section 330C-5(a)(2), also means any outer container or wrapping used in the retail display of any such substance to consumers. The term does not include:

(A) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof, or

(B) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping.

(6) "Special packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

(7) "Labeling" means all labels and other written, printed, or graphic matter (A) upon any household substance or its package, or (B) accompanying such substance.

(8) "Federal Act" means the Poison Prevention Packaging Act of 1970 (Public Law 91-601). [L 1974, c 216, pt of §1; gen ch 1993; am L 2025, c 236, §18]