Haw. Rev. Stat. § 342B-56 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-56
Citizen suits.
Status: in_force

(a) After June 30, 1995, any person may commence a civil action on that person's own behalf against:

(1) Any person (including the State and the director) who is alleged to be in violation of this chapter, including any emission standard or limitation or any order issued by the director;

(2) The director where there is alleged a failure to perform any act or duty under this chapter which is not discretionary; or

(3) Any person who proposes to construct or constructs any new or modified major emitting facility without a required permit or who is alleged to be in violation of any condition of such permit.

This subsection shall not apply before April 1, 1996 to violations of permits related to agricultural burning; provided further that the governor may extend this deadline for an additional three months.

(b) The circuit environmental court shall have jurisdiction to:

(1) Enforce such an emission standard or limitation, or an order;

(2) Order the director to perform such act or duty; and

(3) Apply any appropriate civil penalties.

(c) No action may be commenced:

(1) Under subsection (a)(1):

(A) Prior to sixty days after the plaintiff has given notice of the violation to (i) the director, (ii) the department, and (iii) any alleged violator of the standard, limitation, or order; or

(B) If the director or the department has commenced and is diligently prosecuting a civil action to require compliance with the standard, limitation, or order, but in any such action any person may intervene as a matter of right; or

(2) Under subsection (a)(2) prior to sixty days after the plaintiff has given notice of such action to the director. Notice under this subsection shall be given in such [manner] as the director shall prescribe by rule.

(d) Any action respecting a violation by a stationary source of an emission standard or limitation or an order respecting such standard or limitations may be brought only in the judicial circuit in which such source is located.

(e) In any action under this section, the director, if not a party, may intervene as a matter of right at any time in the proceeding.

(f) The environmental court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the environmental court determines such award is appropriate. The environmental court, if a temporary restraining order or preliminary injunction is sought, may require the filing of a bond or equivalent security in accordance with the Hawaii rules of civil procedure.

(g) Nothing in this section shall restrict any right which any person may have under any constitutional provision, statute, or common law to seek enforcement of any emission standard or limitation or to seek any other relief.

(h) Penalties received under subsection (b) shall be deposited into the clean air special fund established by section 342B-32. These amounts shall remain available to finance air compliance and enforcement activities. The environmental court shall have discretion to order that such civil penalties, in lieu of being deposited in the fund, be used in beneficial mitigation, education, or protection projects which enhance public health or the environment. [L 1992, c 240, pt of §1; am L 1995, c 180, §4; am L 1996, c 13, §6; am L 2014, c 218, §8]
Haw. Rev. Stat. § 342G-121 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-121
Audit authority.
Status: in_force

The records of the deposit beverage distributor, dealer, redemption center, and recycling facility shall be made available, upon request, for inspection by the department, a duly authorized agent of the department, or the auditor. Any proprietary information obtained by them shall be kept confidential and shall not be disclosed to any other person, except:

(1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this chapter or any rule adopted pursuant to this chapter; or

(2) Under an order issued by a court or administrative agency hearings officer. [L 2002, c 176, pt of §2]
Haw. Rev. Stat. § 326-4 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-4
Officers and employees; sickness and accident; expense.
Status: in_force

In case any officer or employee of the department of health becomes ill or is injured at the facility at Kalaupapa and, in the opinion of the physician of the facility, or in the absence of the physician an authorized agent of the department of health, suitable medical, hospital, nursing, or other services or facilities are not available there, the department shall incur and pay the reasonable and necessary expenses of removing and transporting the officer or employee to and from a place within the State where suitable hospital facilities or treatment can be secured.
Haw. Rev. Stat. § 342G-45 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-45
Establishment of an office paper and other materials recovery program.
Status: in_force

By January 1, 1992, the department shall initiate an office paper and other materials recovery program for all appropriate offices within the department. By June 30, 1993, all state and county agencies shall establish an office paper and other materials recovery program.
Haw. Rev. Stat. § 328-17.8 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-17.8
Electronic prescription information.
Status: in_force

(a) Prescription information may be transmitted electronically; provided that:

(1) The information shall be communicated only between the prescribing practitioner or the prescriber's authorized agent and pharmacies or medical oxygen distributors of the patient's choice;

(2) The information shall be communicated in a retrievable, recognizable format acceptable to the intended recipient;

(3) No electronic system, software, or other intervening mechanism or party shall alter the practitioner's prescription, order entry, selection, or intended selection without the practitioner's approval, on a per prescription or per order basis. Transmitted prescription information shall not be altered by any system, software, or other intervening mechanism or party prior to receipt by the intended pharmacy or medical oxygen distributor recipient;

(4) The prescription information processing system shall provide for adequate confidentiality safeguards provided by any applicable federal or state law; and

(5) Practitioners, pharmacists, and medical oxygen distributors shall exercise prudent and professional judgment regarding the accuracy, validity, and authenticity of any prescription information communicated, received, or transferred.

(b) Nothing in this section shall be construed or interpreted to prevent the transmission of health care information, including prescription information, between health plans and their authorized agents and prescribing practitioners, pharmacists, and medical oxygen distributors for the purpose of the adjudication or payment of claims. [L 2001, c 124, pt of §1]
Haw. Rev. Stat. § 321-12.2 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-12.2
Tanning facilities; minors; penalties.
Status: in_force

(a) It shall be unlawful for any tanning facility owner, lessee, or operator to allow any person under the age of eighteen to use any tanning equipment.

(b) A tanning facility owner, lessee, or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases, or operates in this State, a notice developed by the director of health addressing the following:

(1) That it is unlawful for a tanning facility owner, lessee, or operator to allow a person under the age of eighteen to use any tanning equipment;

(2) That any tanning facility owner, lessee, or operator violating this section shall be subject to a fine;

(3) That any individual may report a violation of this section to the individual's local law enforcement agency; and

(4) The health risks associated with tanning.

(c) The director of health may impose on a person who violates this section:

(1) For a first violation, a fine not to exceed $250; and

(2) For each subsequent violation, a fine not to exceed $500.

(d) This section shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.

(e) The director of health may adopt rules in accordance with chapter 91 to implement this section.

(f) As used in this section:

"Operator" means a person designated by the tanning facility owner or tanning equipment lessee to operate or assist and instruct in the operation and use of the tanning facility or tanning equipment.

"Tanning equipment" means any device that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including but not limited to sunlamps, tanning booths, or tanning beds.

"Tanning facility" means any location, place, area, structure, or business that provides persons access to any tanning equipment, including tanning salons, health clubs, gyms, apartments, condominiums, and hotels, regardless of whether a fee is charged for access to the tanning equipment. [L 2014, c 205, §2]
Haw. Rev. Stat. § 328-10.5 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-10.5
Regulations for exemption from labeling requirements.
Status: in_force

The director may adopt regulations exempting from any labeling requirement of this part food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such food is not adulterated or misbranded under the provisions of this part upon removal from such processing, labeling or repacking establishment.
Haw. Rev. Stat. § 324-3 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-3
Legal proceedings; information excluded from.
Status: in_force

Any findings, conclusions, or summaries resulting from medical studies within the scope of this part shall not be used or made available in any legal proceeding. Any information set forth in section 324-1 provided to any research or study committee shall not be used or made available in any legal proceeding unless it is unobtainable from the original source. In such event, the judicial officer shall in camera inspect the committee's findings, conclusions, or summaries and make available factual information contained therein.
Haw. Rev. Stat. § 321-405 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-405
Confidentiality of information.
Status: in_force

For purposes of this part, the program shall maintain confidentiality of critical information received from food purveyors and foodhandlers or other persons in the food service industry. Critical information is information, including trade secrets, necessary for the department to prevent food safety problems from occurring and to ensure that potentially hazardous foods are safe for public consumption.
Haw. Rev. Stat. § 334B-3 — HI Code / Division 1 / Title 19 / Chapter 334B / Section 334B-3
Standards for review agents.
Status: in_force

(a) A review agent who approves or denies payment, or who recommends approval or denial of payment for mental health, alcohol, or drug abuse treatment services, or whose review results in approval or denial of payment for these services on a case by case basis, shall conduct utilization review or managed care in this State subject to administrative rules developed by the director.

(b) The director shall establish a complaint resolution panel which shall review any complaints about review agents to determine the facts and establish whether the standards are being followed. If the panel finds consistent violation of the standards, a fiscal penalty may be imposed on the review agent.

(c) The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. No later than one year after January 1, 1992, the director shall adopt rules establishing:

(1) A requirement that the review agent provide patients and providers with its utilization review or managed care plan including the specific review criteria and standards, procedures and methods to be used in evaluating proposed or delivered mental health, alcohol, or drug abuse treatment services;

(2) A requirement that no determination adverse to a patient or to any affected health care provider shall be made on any question relating to the necessity or justification for any form of mental health, alcohol, or drug abuse treatment services without prior evaluation and concurrence in the adverse determination by another professional with comparable qualifications in a timely manner;

(3) A requirement that a denial of third-party reimbursement or a denial of prior authorization for that service shall include the written evaluation, findings, and concurrence of a professional with comparable qualifications in the relevant specialty or sub-specialty to make a final determination that care rendered or to be rendered was, is, or may be inappropriate;

(4) Provisions by which patients, mental health, alcohol, or drug abuse treatment providers may seek prompt reconsideration by or appeal to the complaint resolution panel of adverse decisions by the review agent;

(5) A requirement that a review agent obtain permission from both the patient and the attending professional prior to attending a treatment session;

(6) A requirement that a representative of the review agent is reasonably accessible to patients, the patient's family, and providers at least five days a week during normal business hours and that payment may not be denied solely because the review agent is not available;

(7) Policies and procedures to ensure that all applicable state and federal laws protecting the confidentiality of individual medical records are followed;

(8) Policies and procedures to ensure that the amount or type of information requested by any system of managed care or utilization review be minimal, be pertinent to the needs of providing appropriate utilization review or managed care services, and shall not violate patient rights and confidentiality;

(9) A requirement that the referring professional be informed prior to the decision for a denial of treatment benefits; provided that, once the adverse determination has been made, this decision shall be communicated in a timely [manner] to all affected parties;

(10) A prohibition of a contract provision between or among any combination of the review agent, the provider, a business entity, or third-party payor that may constitute a conflict of interest;

(11) A requirement that an orderly process be established for the timely and impartial internal resolution of problems prior to the use of the complaint process; and

(12) The process by which complaints shall be handled by the complaint resolution panel.

(d) Nothing in this process shall be deemed to deprive a patient or mental health, alcohol, or drug abuse treatment provider of any other cause of action available under state law. [L 1991, c 95, pt of §1]

Revision Note

"January 1, 1992" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 321-315 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-315
Confidentiality.
Status: in_force

Reports provided to the department under this section shall not be made public to protect the identity of the persons diagnosed to be suffering from an environmentally-related illness or injury; provided that statistical information collected under this part shall be public information.
Haw. Rev. Stat. § 342D-16 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-16
Remedies preserved.
Status: in_force

No existing civil or criminal remedy for any wrongful action that is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter. No existing civil or criminal remedy shall exclude or impair the remedies provided in this chapter.
Haw. Rev. Stat. § 340E-22 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-22
Establishment of interim action levels.
Status: in_force

(a) The director, upon identifying a contaminant in a public water system that may present an unacceptable health risk to the public, shall establish as soon as practicable, interim action levels for those contaminants for which maximum contamination levels have not been established by the United States Environmental Protection Agency. The director may utilize federal drinking water guidelines as interim action levels when appropriate.

(b) The director shall establish an interim action level at a level below which risks have been determined by the director to be acceptable. EPA risk assessment guidelines may be utilized to determine health risks from a chemical contaminant. When establishing an interim action level the director shall also consider water treatment or alternate remedial actions.

(c) The director shall distribute to appropriate government and private institutions for review and comment a draft risk assessment document describing the technical and scientific methods and parameters utilized to determine an interim action level. The director shall consider all comments received relating to the risk assessment and revise an interim action level if necessary. The draft risk assessment and all comments received by the director shall be made available to the public for review.

(d) The director, upon designating an interim action level for a contaminant, shall take such actions necessary to protect the health of the public including, but not limited to:

(1) Issuing guidance as may be necessary to protect the health of persons (including travelers) who are or may be users of a contaminated water supply system.

(2) Notifying the public through the media of the establishment of an interim action level. [L 1987, c 297, pt of §2(2)]
Haw. Rev. Stat. § 322-26 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-26
Hearing, decision.
Status: in_force

Upon receiving any appeal from the comptroller, the court shall appoint three disinterested persons who shall sit as a board to hear and determine the appeal in conformity with chapter 91. They shall have power to determine whether or not the land is deleterious to the public health and whether the improvements of the nature designated in the notice are required, and if the improvements are not required, what, if any, improvements are required in order to render the lands sanitary. The board shall also have power upon any appeal to determine the amount to be in conformity with section 322-30, apportioned to and assessed against each lot or parcel for drains or ditches and for the lands acquired therefor and for all other cost, if any, of the drainage system, and whether or not any lands are improperly included in or excluded from the drainage district. The decision of a majority of the board as to the necessity and nature and extent of the improvements and as to the apportionment of the cost of any drainage system shall be final and conclusive upon all parties in interest, unless an appeal is taken as provided in chapter 91. The board shall appoint a time and place for hearing, first giving reasonable notice thereof to the director of health, the comptroller, and the owner or occupant of the land in question. Service of notice shall be as provided in section 322-24. As compensation for their services each member of the board is entitled to receive $5 for each day of actual service.
Haw. Rev. Stat. § 330-10 — HI Code / Division 1 / Title 19 / Chapter 330 / Section 330-10
Penalty.
Status: in_force

Any person violating this chapter, except where punishment is otherwise specifically provided, shall be fined not more than $1,000 for each offense. [PC 1869, c 88, §5; am L 1919, c 132, §1; RL 1925, §1010; RL 1935, §1435; RL 1945, §2956; RL 1955, §53-6; HRS §330-10]
Haw. Rev. Stat. § 337-2 — HI Code / Division 1 / Title 19 / Chapter 337 / Section 337-2
Persons subject to the chapter.
Status: in_force

A person alleged to be of unsound mind found in the State, who has fled from another state, in which at the time of the person's flight:

(1) The person was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind; or

(2) The person had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of one's person having been acquired by a court of competent jurisdiction of the state from which the person fled; or

(3) The person was subject to detention in such state, being then the person's legal domicile, personal service of process having been made, based on legal proceedings there pending to have the person declared of unsound mind,

shall, on demand of the executive authority of the state from which the person fled, be delivered up to be removed thereto. [L 1927, c 214, §3; RL 1935, §1021; RL 1945, §3832; RL 1955, §85-2; HRS §337-2; gen ch 1985]
Haw. Rev. Stat. § 327-36 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-36
Final disposition of anatomical gifts.
Status: in_force

A person or procurement organization that holds a dead human body as a result of an anatomical gift shall, when the body is deemed of no further value for purposes of transplantation, therapy, research, or education, be responsible for the final disposition of that dead human body and all of its parts, except those parts used for transplantation. The person or procurement organization shall dispose of the remains by cremation as defined in section 531B-2, except as otherwise provided in section 327-14 or as directed in a document of gift, subject to any required disposition permits.
Haw. Rev. Stat. § 342J-39 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-39
Research programs.
Status: in_force

The director may initiate, conduct, and support research, demonstration projects, and investigation, as the department's resources may allow, and coordinate state agency research programs pertaining to hazardous waste management.
Haw. Rev. Stat. § 328J-15 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-15
County ordinances.
Status: in_force

(a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter.

(b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter. [L 2006, c 295, pt of §2]
Haw. Rev. Stat. § 322-22 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-22
Maps and plans.
Status: in_force

If the department of health in any case recommends a system of drainage or of filling and drainage, the comptroller shall, upon receipt of the notice, prepare a map of the land so reported upon by the department and to be so drained, or filled and drained, which land shall constitute a drainage district. The map shall show the district to be so drained, or filled and drained, the location and the size of each parcel or lot therein, a list of all known owners and occupants of the lots, the lots or parcels either within or without the drainage district through which rights-of-way for drains or ditches for draining the district are necessary, the amount of land necessary to be taken for the drains or ditches and for the banks thereof, a description of the same, an estimate of the value of the lands so sought to be taken for rights-of-way, and of the damages sustained by any person by reason of the appropriation irrespective of any benefit to be derived by the owners by reason of the construction of the improvements, which estimates shall be made respectively as to each person through whose land the rights-of-way are sought to be appropriated. The map shall also show the extent and location of the proposed drains or ditches, the width, depth, and slope of the sides thereof, an estimate of the total cost of the system of drainage in and for the district, including therein among other things the cost of acquiring the necessary rights-of-way and of making ditches, estimates of the cost, respectively, of the filling of each lot or parcel of land in the district, and the estimate of the cost to be apportioned to and assessed against each lot or parcel of land in the district for the drainage of the lot or parcel, the apportionment to be as hereinafter required.

If the department recommends only that the land be filled, the map shall, so far as practicable, show the present heights of each parcel, the height to be filled to, the approximate amount of fill required for each parcel, and the estimated cost thereof.

The comptroller may embody any of the information herein required in a statement to accompany the appropriate map instead of placing the same upon the map. [L 1915, c 190, §1; RL 1925, §976; RL 1935, §1326; RL 1945, §2717; RL 1955, §47-21; am L Sp 1959 2d, c 1, §§12, 19; HRS §322-22]
Haw. Rev. Stat. § 321-11.6 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11.6
Genetically modified organisms.
Status: in_force

Any applicant to any federal agency for any permit for or approval of any bioproduct, field testing of genetically modified organisms, or environmental impact assessment of genetically modified organisms shall submit one copy of that application to the department, at the same time that the application is submitted to the federal agency.
Haw. Rev. Stat. § 338-2 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-2
Authority and duties of the department of health.
Status: in_force

The department of health, herein referred to as the department, shall:

(1) Establish a central bureau of public health statistics with suitable offices properly equipped for the safety and preservation of all its official records;

(2) Install a statewide system of public health statistics;

(3) Make and amend, after notice and hearing, necessary regulations, give instructions and prescribe forms for collecting, transcribing, compiling, and preserving public health statistics; and

(4) Enforce this part and the regulations made pursuant thereto. [L 1949, c 327, §3; RL 1955, §57-2; am L Sp 1959 2d, c 1, §19; HRS §338-2]
Haw. Rev. Stat. § 342G-72 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-72
Enforcement.
Status: in_force

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

(1) Issue a field citation assessing an administrative penalty and ordering corrective action immediately or within a specified time;

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

(3) Require compliance immediately or within a specified time; and

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

(b) Any order issued pursuant to this section may include a suspension, modification, or revocation of a certification or permit issued under this chapter, and shall state with reasonable specificity the nature of the violation.

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

(d) Any hearing conducted under this section shall be conducted as a contested case under chapter 91. If after a hearing held pursuant to this section, the director finds that a violation or violations have occurred, the director shall:

(1) Affirm or modify any penalties imposed or shall modify or affirm the order previously issued; or

(2) Issue an appropriate order or orders for the prevention, abatement, or control of the violation involved, or for the taking of such other corrective action as may be appropriate.

If, after a hearing on an order or penalty contained in a notice, the director finds that no violation has occurred or is occurring, the director shall rescind the order or penalty. Any order issued after hearing may prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the violation.

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

(1) Notice was given;

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

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid.

(f) In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties. [L 1993, c 312, pt of §3; am L 2002, c 176, §8; am L 2014, c 218, §8]
Haw. Rev. Stat. § 328-18 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-18
Cosmetics deemed adulterated when.
Status: in_force

A cosmetic shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual; provided that this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution--This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph (5) the term "hair dye" shall not include eyelash dyes or eyebrow dyes;

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

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

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

(5) If it is not a hair dye and it is or bears or contains a color additive which is unsafe within the meaning of the Federal Act. [L 1941, c 318, §13; RL 1945, §2217; RL 1955, §51-17; am L 1967, c 152, §12; HRS §328-18]
Haw. Rev. Stat. § 339-3 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-3
Duties of the director.
Status: in_force

(a) The director shall:

(1) Be responsible for the study of available research in the field of litter control, prevention, removal, disposal, and recycling; the study of methods for the implementation of such research; and development of public educational programs;

(2) Serve as a coordinator between the State, state agencies, and various organizations seeking to aid in the anti-litter effort;

(3) Cooperate with local governments to accomplish the coordination of anti-litter efforts; and

(4) Encourage voluntary local anti-litter campaigns.

(b) The director may:

(1) Apply for funds or other resources available from private or public sources;

(2) Conduct educational programs intended to instill the anti-litter ethic;

(3) Design a state anti-litter symbol;

(4) Post anti-litter signs in public places where required; and

(5) Design and make available a litter bag bearing the state anti-litter symbol and a statement of the penalties prescribed herein for littering. [L Sp 1977 1st, c 2, pt of §2; am L 1998, c 277, §2]
Haw. Rev. Stat. § 342I-24 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-24
Inspection of motor vehicle tire retailers.
Status: in_force

In performing its duties under this part, the department may inspect any place, building, or premise governed by this part. Authorized employees of the agency may issue warnings and citations to persons who fail to comply with the requirements of this part.
Haw. Rev. Stat. § 334-82 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-82
Order to show cause; guardian ad litem.
Status: in_force

Immediately upon receipt of a request, the court shall issue an order to show cause directed to the administrator of the facility and commanding the administrator to show cause at a date and time certain no later than five days thereafter why the patient should not be discharged immediately. A copy of the request shall be attached to the order to show cause. The form of the order to show cause shall be prescribed and supplied free of charge by the court. The order to show cause shall issue without cost and may be served as any other civil process or by any responsible person appointed by the court for that purpose. At any stage of the proceedings, the court may appoint a guardian ad litem for the patient. The guardian ad litem may be a member of the bar of the court or any other responsible person. Service on the administrator may be effected by leaving certified copies of the order to show cause and request at the facility with any person exercising authority. Notice of the order to show cause and the hearing date, and any adjournments, continuances, other delays, and dates of rescheduled hearings shall be provided to those persons entitled to notice pursuant to section 334-60.4.
Haw. Rev. Stat. § 342B-3 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-3
General functions, duties, and powers of the director.
Status: in_force

(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate air pollution and the emission of air pollutants in the State.

(b) In the discharge of the duty described in subsection (a) the director may adopt, amend, and repeal state rules controlling and prohibiting air pollution and the release of air pollutants or as otherwise necessary for the purposes of this chapter.

(c) In addition to other specific powers provided in this chapter, the director may appoint, without regard to chapter 76, hearings officers to conduct contested case hearings and public participation activities, including public hearings and public informational meetings. [L 1992, c 240, pt of §1; am L 2000, c 253, §150]
Haw. Rev. Stat. § 334-104 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-104
Least restrictive level of service.
Status: in_force

The system shall be developed in such a way that clients may move within the system to the most appropriate, least restrictive level of service. The system shall also allow for direct referral of clients, without requiring that a person pass through the entire system to reach the most appropriate level.
Haw. Rev. Stat. § 329-43.5 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-43.5
Prohibited acts related to drug paraphernalia.
Status: in_force

(a) Except as provided in subsection (e), it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. A violation of this subsection shall constitute a violation subject to a fine of no more than $500.

(b) Except as provided in subsection (e), it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. A violation of this subsection shall constitute a violation subject to a fine of no more than $500.

(c) Any person eighteen years of age or over who violates subsection (b) by delivering drug paraphernalia to a person or persons under eighteen years of age who are at least three years younger than that adult person is guilty of a class B felony and upon conviction may be imprisoned pursuant to section 706-660 and, if appropriate as provided in section 706-641, fined pursuant to section 706-640.

(d) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a class C felony and upon conviction may be imprisoned pursuant to section 706-660 and, if appropriate as provided in section 706-641, fined pursuant to section 706-640.

(e) Subsections (a) and (b) shall not apply to a person who is authorized to:

(1) Acquire, possess, cultivate, use, distribute, or transport cannabis pursuant to the definition of "medical use" under section 329-121, while the person is facilitating the medical use of cannabis by a qualifying patient; or

(2) Dispense, manufacture, or produce cannabis or manufactured cannabis products pursuant to and in compliance with chapter 329D, while the person is facilitating the medical use of cannabis by a qualifying patient pursuant to part IX of chapter 329. [L 1988, c 259, §2; am L 2016, c 230, §6; am L 2017, c 72, §2 and c 170, §2]

Revision Note

In subsection (e), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
Haw. Rev. Stat. § 321-546 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-546
Rules.
Status: in_force

The department may adopt rules pursuant to chapter 91 to carry out the purpose of this part.
Haw. Rev. Stat. § 342J-4 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-4
Powers; rulemaking; appointment of hearings officers.
Status: in_force

(a) The director may make, amend, and repeal state rules which govern the management of hazardous waste and which control and prohibit hazardous waste pollution. All rules shall be adopted pursuant to chapter 91. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.

(b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings. [L 1989, c 212, pt of §5; am L 1991, c 259, §5; am L 2000, c 253, §150]
Haw. Rev. Stat. § 342P-42 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-42
Recordkeeping and monitoring requirements.
Status: in_force

The director may require the owner or operator of any asbestos or lead abatement activity to:

(1) Establish and maintain such records;

(2) Make such reports;

(3) Install, use, and maintain such monitoring equipment or methods;

(4) Monitor hazards;

(5) Sample such emissions; and

(6) Provide such other information;

as the department may require. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
Haw. Rev. Stat. § 323F-60 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-60
Strategic commitment during term of lease.
Status: in_force

(a) The private entity shall be committed to supporting the nonprofit management entity and any transferred facility to achieve excellence and improve access to services in Maui county.

(b) The private entity and the nonprofit management entity shall establish a governance and management structure for a transferred facility that seeks to improve its performance. The private entity and the nonprofit management entity shall apply efficiencies of scale, consolidation of shared services, and administrative and technological expertise to improve the health care performance of a transferred facility.

(c) The private entity and the nonprofit management entity shall support a transferred facility in:

(1) Expanding primary care access throughout Maui;

(2) Recruiting and rotating specialists to fill current service gaps;

(3) Extending the private entity or its nonprofit management entity's service line coordination to Maui, including but not limited to cancer, cardiology, orthopedics, mental health, pediatrics, and women's health services;

(4) Coordinating long-term care patients and reducing wait lists;

(5) Upgrading facilities and equipment as needed to provide high quality care and to enhance patient experience; and

(6) Incorporating the Maui region into the private entity or its nonprofit management entity's value-based contracting initiatives to better align quality and cost initiatives. [L 2015, c 103, pt of §2]
Haw. Rev. Stat. § 342D-82.5 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-82.5
Use of American Recovery and Reinvestment Act of 2009 and other federal moneys.
Status: in_force

(a) The director may provide financial assistance for publicly owned wastewater treatment works for the construction of necessary wastewater infrastructure projects, through the revolving fund, using moneys from the American Recovery and Reinvestment Act of 2009 and other applicable federal acts.

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

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

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

(e) Each project receiving financial assistance shall be in conformance with the conditions for water pollution control financing under section 342D-87(a)(1), (2), (4), and (5), and (b). [L 2009, c 98, §3]
Haw. Rev. Stat. § 321-193 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-193
Duties and responsibilities of department.
Status: in_force

The department shall:

(1) Coordinate all substance abuse programs including rehabilitation, treatment, education, research, and prevention activities.

(2) Prepare, administer, and supervise the implementation of a state plan for substance abuse which may consist of a plan for alcohol abuse prevention and a plan for drug abuse prevention.

(3) Identify all funds, programs, and resources available in the State, public and private, and from the federal government which are being used or may be used to support substance abuse prevention, rehabilitation, treatment, education, and research activities.

(4) Be the designated agency required by, and receive and administer all available substance abuse funds including but not limited to funds received from, the federal government under Public Law 92-255, Public Law 91-616, Public Law 91-211, and Title IVA and XVI of the Social Security Act or other subsequent Acts of Congress which may amend or succeed such Acts.

(5) Encourage and coordinate the involvement of private and public agencies in the assessment of substance abuse problems, needs, and resources.

(6) Coordinate the delivery of available funding to public and private agencies for program implementation.

(7) Establish mechanisms and procedures for receiving and evaluating program proposals, providing technical assistance, monitoring programs and securing necessary information from public and private agencies for the purposes of planning, management, and evaluation.

(8) Review the state plan for substance abuse annually for the purpose of evaluation and make necessary amendments to conform with the requirements of federal or state laws.

(9) Do all things necessary to effectuate the purposes of this part.

(10) Certify program administrators, counselors and accredit programs related to substance abuse programs in accordance with rules to be promulgated by the department. [L 1975, c 190, pt of §2; am L 1977, c 108, §1]
Haw. Rev. Stat. § 323D-54 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-54
Exemptions from certificate of need requirements.
Status: in_force

Nothing in this part or rules with respect to the requirement for certificates of need applies to:

(1) Offices of physicians, dentists, or other practitioners of the healing arts in private practice as distinguished from organized ambulatory health care facilities, except in any case of purchase or acquisition of equipment attendant to the delivery of health care service and the instruction or supervision for any private office or clinic involving a total expenditure in excess of the expenditure minimum;

(2) Laboratories, as defined in section 321-11(12), except in any case of purchase or acquisition of equipment attendant to the delivery of health care service and the instruction or supervision for any laboratory involving a total expenditure in excess of the expenditure minimum;

(3) Dispensaries and first aid stations located within business or industrial establishments and maintained solely for the use of employees; provided such facilities do not regularly provide inpatient or resident beds for patients or employees on a daily twenty-four-hour basis;

(4) Dispensaries or infirmaries in correctional or educational facilities;

(5) Dwelling establishments, such as hotels, motels, and rooming or boarding houses that do not regularly provide health care facilities or health care services;

(6) Any home or institution conducted only for those who, pursuant to the teachings, faith, or belief of any group, depend for healing upon prayer or other spiritual means;

(7) Dental clinics;

(8) Nonpatient areas of care facilities such as parking garages and administrative offices;

(9) Bed changes that involve ten per cent or ten beds of existing licensed bed types, whichever is less, of a facility's total existing licensed beds within a two-year period;

(10) Projects that are wholly dedicated to meeting the State's obligations under court orders, including consent decrees, that have already determined that need for the projects exists;

(11) Replacement of existing equipment with its modern-day equivalent;

(12) Primary care clinics under the expenditure thresholds referenced in section 323D-2;

(13) Equipment and services related to that equipment, that are primarily invented and used for research purposes as opposed to usual and customary diagnostic and therapeutic care;

(14) Capital expenditures that are required:

(A) To eliminate or prevent imminent safety hazards as defined by federal, state, or county fire, building, or life safety codes or regulations;

(B) To comply with state licensure standards;

(C) To comply with accreditation standards, compliance with which is required to receive reimbursements under Title XVIII of the Social Security Act or payments under a state plan for medical assistance approved under Title XIX of such Act;

(15) Extended care adult residential care homes and assisted living facilities; or

(16) Other facilities or services that the agency through the statewide council chooses to exempt, by rules pursuant to section 323D-62. [L 1975, c 159, pt of §2; ren and am L 1977, c 178, pt of §2; am L 1979, c 150, §1; am L 1980, c 75, §23; am L 1987, c 270, §14; am L 1997, c 302, §3 and c 336, §13]

Revision Note

Paragraphs (15) and (16) redesignated pursuant to §23G-15.
Haw. Rev. Stat. § 342F-31.5 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-31.5
Noise measurement; rules.
Status: in_force

(a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems for community noise control. The department and the county liquor commissions may enforce nighttime noise levels in any urban land use district measured from over fifty to sixty decibels, measured using the dBC weighting system, in certain areas they deem appropriate and not adversely affecting public health and safety.

(b) In any urban land use district, a sound level of more than sixty decibels for bass sound (using the dBC weighting system), measured at a complainant's site, shall be deemed to exceed the maximum permissible sound at nighttime; provided that, where the complainant's site is within or in close proximity to an area zoned mixed-use or residential, the maximum permissible sound at nighttime shall be fifty decibels dBC.

(c) For purposes of this section:

"Nighttime" means the time between the hours of 10:00 p.m. and 7:00 a.m.; and

"Urban land use district" means property designated as such pursuant to section 205-2. [L Sp 2009, c 25, §3]
Haw. Rev. Stat. § 335-4 — HI Code / Division 1 / Title 19 / Chapter 335 / Section 335-4
Payment of state obligations.
Status: in_force

The compact administrator, subject to the approval of the comptroller, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder.
Haw. Rev. Stat. § 323D-44.5 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-44.5
Administrative review of certain applications for certificate of need.
Status: in_force

The state agency shall adopt rules in conformity with chapter 91 providing for administrative review and decision on certain applications for certificate of need. Each application reviewed under this section may be subject to a public information meeting before the state agency makes its decision. The agency, in the State and in the county affected, shall give public notice of applications for administrative review received by the agency. Interested persons may request in writing a public meeting before the agency renders a decision on the administrative application. If a request for a public meeting is received, the administrator will preside over the meeting. If no request is received by the agency within seven days of the public notice date, no public meeting need be scheduled. Applications subject to administrative review and decision under this section shall include but are not limited to applications that are:

(1) Inconsistent with or contrary to the state health services and facilities plan under section 323D-15;

(2) Determined not to have a significant impact on the health care system; or

(3) Involve capital or annual operating expenses below a significant level. [L 1987, c 270, pt of §2; am L 1989, c 254, §2; am L 1997, c 336, §10; am L 1998, c 2, §86]
Haw. Rev. Stat. § 338-11 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-11
Form of certificates.
Status: in_force

The forms of certificates shall include as a minimum the items required by the respective standard certificates as recommended by the Public Health Service, National Center for Health Statistics, subject to approval of and modification by the department of health. In addition, the forms of death certificates shall require the individual's social security number. The form and use of the certificates shall be subject to sections 338-16 to 338-18.
Haw. Rev. Stat. § 321-4 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-4
Agents and inspectors.
Status: in_force

There shall be appointed by the director of health a suitable number of agents and inspectors in such localities as may be necessary, who shall carry into effect all laws and regulations for the public health, and such ordinances relating to public health as the director may direct. [PC 1869, c 59, §3; am L 1925, c 34, §2; RL 1935, §902; am L 1937, c 122, §3; am L 1943, c 43, §1(6); RL 1945, §2010; am L 1945, c 209, §1; RL 1955, §46-10; am L Sp 1959 2d, c 1, §19; HRS §321-4]
Haw. Rev. Stat. § 329D-19 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-19
Criminal offense; alteration or falsification of medical cannabis dispensary records.
Status: in_force

(a) A person commits the offense of alteration or falsification of medical cannabis dispensary records if the person intentionally or knowingly:

(1) Makes or causes a false entry in medical cannabis dispensary records;

(2) Alters, erases, obliterates, deletes, removes, or destroys a true entry in medical cannabis dispensary records;

(3) Omits to make a true entry in medical cannabis dispensary records in violation of a duty that the person knows to be imposed upon the person by law or by the nature of the person's position; or

(4) Prevents the making of a true entry or causes the omission thereof in medical cannabis dispensary records.

(b) Alteration or falsification of medical cannabis dispensary records is a class C felony.

(c) For the purposes of this section:

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or other similar capabilities.

"Information" includes data, text, images, sounds, codes, computer programs, software, or databases.

"Medical cannabis dispensary records" means any inventory tracking records and other records maintained by a licensed medical cannabis dispensary, including the records of its retail dispensing locations and production centers, that are required by law to be created and retained or provided to the department.

"Record" means information that is written or printed or that is stored in an electronic or other medium and is retrievable in a perceivable form. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
Haw. Rev. Stat. § 325-112 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-112
Sterile needle and syringe exchange program established.
Status: in_force

The director of health may establish a sterile needle and syringe exchange program. The program shall be administered by the director or the director's designees. The director is authorized to designate private providers of service to operate the program.
Haw. Rev. Stat. § 326-2 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-2
Equal treatment of patients.
Status: in_force

Every Hansen's disease sufferer at Hale Mohalu and Kalaupapa shall be accorded as nearly equal care and privileges as is practicable under the different operating conditions of the two institutions.
Haw. Rev. Stat. § 325-78 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-78
Test and treatment for tuberculosis.
Status: in_force

(a) The department of health may establish charges and collect fees for any diagnostic, medical, or treatment services relating to tuberculosis treatment or control; provided that the department shall not refuse to provide diagnostic, medical, or treatment services relating to tuberculosis treatment or control to any patient due to the patient's inability to pay for the service relating to tuberculosis treatment or control. Voluntary payments, contributions, or gifts for such purposes may be received, but shall not be requested or solicited from any patient or any of the patient's relatives, by the department.

(b) This section shall not prohibit the department from contracting with one or more other public or private agencies or persons for tests, diagnostic procedures, medical care, chemotherapy, or hospitalization of persons in reference to tuberculosis for specified fees or charges, or from accepting, holding, expending, or using voluntary payments, assignment of medical insurance payments, contributions, or gifts for purposes consistent with the terms or conditions of the payments, contributions, or gifts. [L 1949, c 90, §1; RL 1955, §49-71; am L Sp 1959 1st, c 13, §2; am L Sp 1959 2d, c 1, §19; am imp L 1961, c 26, §1; HRS §325-78; am L 1976, c 8, §2; gen ch 1985; am L 1992, c 28, §1]
Haw. Rev. Stat. § 321-15.1 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15.1
Definitions.
Status: in_force

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

"Adult residential care home" means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility.

"Asbestos abatement project designer" means a person who is accredited to determine how the asbestos abatement work should be conducted.

"Asbestos inspector" means a person who is accredited to identify asbestos-containing building material and to assess its physical condition.

"Asbestos management planner" means a person who is accredited to use the data gathered by asbestos inspectors to assess the current or potential hazard posed by the asbestos-containing building material, to determine the appropriate response actions, and to develop a schedule for implementing these response actions.

"Assisted living facility" means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality.

"Expanded adult residential care home" means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, and who may need the professional health services provided in an intermediate or skilled nursing facility.

"Hospice home" means any facility operated by a licensed hospice service agency providing twenty-four-hour living accommodations to no more than five unrelated persons who are admitted for hospice service. [L 1985, c 272, §2; am L 1988, c 194, §4 and c 334, §1; am L 1995, c 87, §3; am L 1998, c 132, §3; am L 1999, c 77, §6]
Haw. Rev. Stat. § 321-16.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-16.5
Special treatment facilities.
Status: in_force

(a) All special treatment facilities shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.

(b) The director shall adopt rules, in accordance with chapter 91, regarding special treatment facilities that shall be designed to:

(1) Provide a therapeutic residential program for care, diagnosis, treatment, or rehabilitation for socially or emotionally distressed persons, mentally ill persons, persons suffering from substance abuse, and developmentally disabled persons. Special treatment facilities shall include a short-term crisis residential program or a long-term residential treatment program;

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

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

(c) For the purposes of this section:

"Long-term residential" means a residential treatment program for persons whose duration of stay is thirty days or longer.

"Short-term crisis residential" means a residential treatment program for persons who are in crisis and whose duration of stay is less than thirty days.

"Socially or emotionally distressed person" means an individual who is experiencing psychiatric symptomatology that may be acute or chronic in nature, which requires therapeutic or rehabilitative services. [L 2005, c 139, pt of §2]
Haw. Rev. Stat. § 342F-11 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-11
Administrative penalties.
Status: in_force

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

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

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

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

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

(4) Good faith efforts to comply; and

(5) Any other matters that justice may require.

(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §3; am L 1995, c 180, §18]
Haw. Rev. Stat. § 327G-6 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-6
Withdrawal of agent; rescission of withdrawal.
Status: in_force

(a) An agent may withdraw by giving notice to the principal, if the principal has capacity at the time. If the principal lacks capacity, the agent may withdraw by giving notice to the supervising health care provider or health care institution. The supervising health care provider or health care institution shall promptly record the withdrawal, including the date and time of the withdrawal, in the principal's medical record.

(b) An individual who has withdrawn under subsection (a) may rescind the withdrawal by executing and dating a written acceptance of the designation as agent after the date of the withdrawal. An individual who rescinds a withdrawal shall give notice and a copy of the written acceptance to the principal, if the principal has capacity at the time. If the principal lacks capacity, the individual who rescinds a withdrawal shall give notice and a copy of the written acceptance to the supervising health care provider or health care institution. The supervising health care provider or health care institution shall promptly record the rescission, including the date and time of the rescission, in the principal's medical record and make the written acceptance a part of the principal's medical record. [L 2004, c 224, pt of §2]
Haw. Rev. Stat. § 342G-86 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-86
County glass recovery programs; requirements.
Status: in_force

(a) All county glass recovery programs shall include:

(1) Some form of glass incentive or "buy back" program providing a means of encouraging participation by the public or private collectors; and

(2) The paving of the equivalent of one mile of two lane asphalt roadway as part of a research and demonstration program utilizing glassphalt or glass within any other portion of the pavement section; or any other demonstration project as approved by the department.

(b) In addition, county programs may include but shall not be limited to:

(1) Funding of the collection and processing of glass containers either through existing county agencies or through external contracts for services;

(2) Subsidizing the transportation [of] processed material to off-island markets;

(3) The development of collection facilities or the provision of containers for glass recycling, or the incremental portions of multi-material programs;

(4) Additional research and development programs, including grants to private sector entrepreneurs, especially those activities developing higher value uses for the material; and

(5) Public education and awareness programs focusing on glass recovery, or the incremental portions of multi-material programs. [L 1994, c 201, pt of §2; am L 2002, c 176, §13]
Haw. Rev. Stat. § 321-476 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-476
Immunity from liability.
Status: in_force

A domestic violence fatality review team, its members, and any entity, agency, or individual participating in, or cooperating in, the review of a domestic violence fatality pursuant to this part shall not be civilly or criminally liable for providing the information required under this part.
Haw. Rev. Stat. § 342P-34 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-34
Priority in courts.
Status: in_force

All actions brought pursuant to this chapter, the rules adopted under this chapter, or the conditions of a permit issued under this chapter, at the discretion of the court, shall receive priority in the courts of the State.
Haw. Rev. Stat. § 321-197 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-197
Personnel.
Status: in_force

The director of health may hire such necessary personnel to carry out the purposes of this part in accordance with chapter 76.
Haw. Rev. Stat. § 342D-87 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-87
Revolving fund; conditions.
Status: in_force

(a) The following conditions shall apply to each project receiving water pollution control financing under this part:

(1) The project shall conform with the state water quality management plan developed under title 33 United States Code section 1285(j), 1288, 1313(e), 1329, or 1330;

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

(3) In the case of wastewater treatment works construction projects, the application or agreement for the loan shall contain:

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

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

(C) Any other provisions required by federal or state law or deemed necessary or convenient by the director;

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

(5) The county receiving these funds shall take specific steps to reduce polluted runoff into state waters through educational and regulatory programs.

(b) The use of federal funds and state matching funds in the revolving fund shall be in conformance with title 33 United States Code sections 1381 to 1387.

(c) The director may make and condition loans from the revolving fund which shall:

(1) Be made at or below market interest rates; and

(2) Require periodic payments of principal and interest with repayment commencing not later than one year after completion of the project for which the loan is made;

provided that all loans shall be fully amortized upon the expiration of the term of the loan.

(d) No loan of funds from the revolving fund shall be made unless the loan recipient pledges a dedicated source of revenue for the repayment of the loans. This pledge may be a county's full faith and credit (a general obligation payable from its general fund), special assessments, revenues from an undertaking, system, or improvements, including user charges, or any other source of revenue.

(e) Notwithstanding section 414D-85 to the contrary, the director may hold individual members of the nonprofit organization that received the loan jointly and severally liable for the nonpayment or default of the loan. [L 1997, c 221, pt of §1; am L 2016, c 240, §3]
Haw. Rev. Stat. § 342L-7 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-7
Authority to obtain information and data, inspect, and require and conduct activities; penalties for disclosure.
Status: in_force

(a) For the purpose of developing or assisting in the development of any rule, conducting any study, taking any release response action, or enforcing this chapter, any owner or operator of an underground storage tank or tank system, and any person involved in response actions relating to any releases from these tanks or tank systems, upon the request of any duly authorized representative of the department, shall:

(1) Furnish information relating to the tanks or tank systems, including tank equipment and contents and any response actions relating to releases from the tanks or tank systems;

(2) Conduct monitoring or testing; and

(3) Permit the designated representative at all reasonable times to have access to, and to copy all records relating to the tanks or tank systems.

(b) For the purpose of developing or assisting in the development of any rule, conducting any study, investigating an actual or suspected release, monitoring for compliance or noncompliance with this chapter, any rule or standard adopted pursuant to this chapter, or any permit or variance issued pursuant to this chapter, taking release response action, or enforcing this chapter, any duly authorized representative of the department may:

(1) Enter at reasonable times any establishment or place;

(2) Inspect and obtain samples from any person of any regulated substances contained in any underground storage tank or tank system;

(3) Conduct monitoring or testing of the tanks or tank systems, associated equipment, contents, or soils, air, surface water, or groundwater; and

(4) Take release response action.

Each inspection shall be commenced and completed with reasonable promptness.

(c) Any records, reports, or information obtained from any persons under this section shall be available to the public except as provided in this subsection. Upon a showing satisfactory to the department that public disclosure of records, reports, or information, or a particular part thereof, to which the department representative has access under this section would divulge information entitled to protection under chapter 92F, the department shall consider the information or a particular portion thereof to be confidential. No such 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 releases from underground storage tanks or tank systems shall be disclosed by the official or employee with the following exception: the document or information may be disclosed to officers, employees, or authorized representatives of the State or of the United States, including local government entities, who have been charged with carrying out this chapter or Subtitle I of the federal Resource Conservation and Recovery Act, or when relevant in any proceeding under this chapter.

(d) Any representative of the department, acquiring confidential information pursuant to this section, who intentionally or knowingly divulges or discloses information, upon conviction, shall be fined not more than $5,000 or be imprisoned for a period not to exceed one year, or both, unless the disclosure is authorized in this chapter or ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter. [L 1989, c 212, pt of §6; am L 1992, c 259, §9]
Haw. Rev. Stat. § 340E-3 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-3
Variances and exemptions.
Status: in_force

The director may issue variances or exemptions from the regulations issued pursuant to section 340E-2 under conditions and in a manner consistent with the public interest; however, such variances or exemptions are not permitted under conditions less stringent than the conditions under which variances and exemptions may be granted under the Federal Act.
Haw. Rev. Stat. § 321-30 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-30
Human placenta.
Status: in_force

Upon negative findings of infection or hazard after appropriate testing of the mother, the human placenta may be released by the hospital to the woman from whom it originated or to the woman's designee. The department shall establish a release form which shall stipulate appropriate measures for the safe release of human placenta.
Haw. Rev. Stat. § 342D-34 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-34
Knowing endangerment.
Status: in_force

(a) Any person who knowingly violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit issued under this chapter, and who knows at that time that the violation places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than fifteen years, or both.

(b) A person which is an organization, upon conviction of violating this section, shall be subject to a fine of not more than $1,000,000. If a conviction of a person is for a violation committed after a first conviction of such person under this section, the maximum punishment shall be doubled with respect to both fine and imprisonment.

(c) For the purpose of this section, in determining whether a defendant who is an individual knew that the individual's conduct placed another person in imminent danger of death or serious bodily injury:

(1) The person is responsible only for actual awareness or actual belief that the person possessed; and

(2) Knowledge possessed by a person other than the defendant but not by the defendant may not be attributed to the defendant; except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself or herself from relevant information.

(d) It is an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:

(1) An occupation, a business, or a profession; or

(2) Medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this section by a preponderance of the evidence.

(e) The term "organization" means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.

(f) The term "serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 321C-5 — HI Code / Division 1 / Title 19 / Chapter 321C / Section 321C-5
Public meetings and public hearings.
Status: in_force

(a) State agencies to which this chapter applies shall not be required to translate meeting notices, agendas, or minutes.

(b) Subject to section 321C-3, oral language services for public meetings or public hearings held by the legislature shall be provided if requested at least forty-eight hours in advance of the meeting or hearing. When the notice of any public meeting or public hearing is posted less than forty-eight hours in advance of the meeting or hearing, oral language services shall be provided if requested at least twenty-four hours in advance of the meeting or hearing. [L 2012, c 201, pt of §2]
Haw. Rev. Stat. § 323F-6 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-6
Records.
Status: in_force

(a) The corporation and each regional system board shall be subject to the requirements of chapter 92F, except that the following categories of government records shall not be required to be disclosed:

(1) Applications for credentials or staff privileges at any of the corporation's medical facilities, records from peer review proceedings, and medical records; and

(2) Marketing strategies, strategic plans, evaluations, assessments, negotiations, or rates and charges, the disclosure of which would raise the cost of procurement or give a manifestly unfair advantage to any competitor or to any person or entity seeking to do business or proposing to enter into an agreement with a regional system board, the corporation, or any of its facilities.

Any person denied access to any such government records shall have available the remedies specified in sections 92F-15 and 92F-15.5. Government records protected from disclosure by this section shall be subject to the interagency disclosure provisions of section 92F-19. Section 624-25.5 shall apply to this part notwithstanding anything to the contrary contained in this section.

(b) The corporation shall have the authority to set rates for copies of records protected by this section from the disclosure requirements of chapter 92F. For medical records subpoenaed from any of the corporation's regional system facilities, copies shall be paid for by the requester in an amount based on the facility's actual cost of preparation; provided that the amount shall be no less than $1 per page and no more than $2 per page. [L 1996, c 262, pt of §2; am L 2007, c 290, §22; am L 2016, c 73, §1]
Haw. Rev. Stat. § 321-112 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-112
§§321-112 to 321-114 REPEALED.
Status: repealed

§§321-112 to 321-114 REPEALED. L 1981, c 241, §2.
Haw. Rev. Stat. § 334-63 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-63
[ §334-63] Psychiatric facility; procurement of and payment of expenses for medical care and long-term care.
Status: in_force

[ §334-63] Psychiatric facility; procurement of and payment of expenses for medical care and long-term care. (a) Rates of payments for medical care for patients of the Hawaii state hospital and for patients under the custody of the director at a psychiatric facility other than the Hawaii state hospital shall be limited to the Hawaii medicaid fee schedule or the provider's billed amount, whichever is less.

(b) The department may establish rates of payment for long-term care services provided for patients who are discharged to a long-term care facility from the Hawaii state hospital or from a psychiatric facility other than the Hawaii state hospital where they were under the custody of the director.

(c) The department shall be exempt from chapter 103F for the procurement of medical care for patients of the Hawaii state hospital and for patients of a psychiatric facility other than the Hawaii state hospital who are under the custody of the director, and for the procurement of long-term care for patients discharged to a long-term care facility from the Hawaii state hospital or from a psychiatric facility other than the Hawaii state hospital where they were under the custody of the director.

(d) For the purposes of this section:

"Long-term care" means care provided by a long-term care facility.

"Long-term care facility" has the same meaning as defined in section 349-21.

"Medical care" means examination, diagnosis, or treatment for medical and dental conditions, including outpatient and hospital-based services as well as appliances and supplies deemed clinically necessary by the department. "Medical care" does not include long-term care. [L 2025, c 50, §1]
Haw. Rev. Stat. § 342G-42 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-42
Office responsibilities for recycled products procurement.
Status: in_force

The office, in coordination with the state procurement office, shall ensure that all state and county purchasing agencies are provided with the information and technical assistance necessary to promote the procurement of goods with recycled-content.
Haw. Rev. Stat. § 342B-62 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-62
Compliance advisory council; establishment; appointment, number, and term of members; duties.
Status: in_force

(a) There is established within the department, for administrative purposes, an advisory council to be known as the compliance advisory council which shall:

(1) Render advisory opinions concerning the effectiveness of the small business assistance program, difficulties encountered, and the degree and severity of enforcement;

(2) Make periodic reports to the administrator concerning the compliance of the small business assistance program with the requirements of the federal Paperwork Reduction Act (44 United States Code subsection 3501 et seq.), the Regulatory Flexibility Act (5 United States Code subsection 601 et seq.), and the Equal Access to Justice Act (Public Law 96-354);

(3) Review information for small business stationary sources to assure such information is understandable by the layperson;

(4) Have the small business assistance program serve as the secretariat for the development and dissemination of such reports and advisory opinions; and

(5) Perform other duties as required by the director.

(b) The council shall be composed of seven voting members. The members shall be appointed in the manner provided in section 26-34, except as provided otherwise in this section.

(c) The members of the council shall be selected as follows:

(1) Two persons who are not owners, or representative of owners, of small business stationary sources selected by the governor to represent the general public;

(2) Two persons who are owners or represent owners of small business stationary sources, with one member selected by the majority leadership of the house of representatives, and one member selected by the minority leadership of the house of representatives;

(3) Two persons who are owners or represent owners of small business stationary sources, with one member selected by the majority leadership of the senate and one member selected by the minority leadership of the senate; and

(4) One member selected by the director to represent the department.

(d) The members shall serve for two-year terms. The council shall elect its officers, and four members shall constitute a quorum. The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 342I-28 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-28
Tire inventory records and payment.
Status: in_force

(a) Payment of the motor vehicle tire surcharge shall be made quarterly based on inventory records of the importers except for those importers subject to subsection (c) or (d). The dates September 30, December 31, March 31, and June 30 represent the end of each quarter period. All importers shall submit to the department documentation in sufficient detail that identifies the number of tires imported into the State during the previous quarter.

(b) The amount due from the importers for the quarter shall be equal to the number of tires provided in subsection (a) multiplied by the motor vehicle tire surcharge of $1. Payment shall be made by check or money order payable to the Department of Health, State of Hawaii and shall be deposited into the environmental management special fund as provided in section 342I-29. All subsequent inventory reports and payments shall be made no later than the last day of the month following the end of the previous calendar quarter, except for those importers subject to subsection (c) or (d).

(c) An importer who imports fewer than fifty tires within a one-year period shall be exempt from payment of the surcharge.

(d) An importer who imports fifty or more tires, but fewer than or equal to two hundred tires, or a motor vehicle rental company shall be permitted to provide a report and payment of the surcharge annually, with year ending December 31. [L 2000, c 173, pt of §1; am L 2002, c 191, §5]
Haw. Rev. Stat. § 328-19 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-19
Cosmetics deemed misbranded when.
Status: in_force

A cosmetic shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular, or if its labeling or packaging fails to conform with the requirements of section 328-19.1 of this part;

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

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

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

(5) If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to the color additive prescribed under the Federal Act. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in the last sentence of section 328-18(1));

(6) Unless it is a cosmetic which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed. Such cosmetic is exempted from the affirmative labeling requirements of this part while it is in transit in commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all applicable provisions of this part. [L 1941, c 318, §14; RL 1945, §2218; RL 1955, §51-18; am L 1967, c 152, §13; HRS §328-19; am L 1972, c 151, §11]
Haw. Rev. Stat. § 340B-3 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-3
Certification.
Status: in_force

(a) Upon board approval the director shall issue certificates entitling qualified individuals to operate wastewater treatment plants. Each certificate shall indicate the class of wastewater treatment plant for which the individual is qualified.

(b) The director shall issue a certificate to each applicant who, on June 2, 1978, holds a valid certificate issued to the applicant pursuant to the voluntary program, conducted by the Hawaii water pollution control association for certification of operators of wastewater treatment plants in this State; provided that such applicant files an application with the director.

(c) The director may issue a certificate, without requiring a qualifying examination therefor, to an applicant who is an operator satisfactorily operating a wastewater treatment plant on June 2, 1978; provided that such certificate shall be valid only for the operation of that wastewater treatment plant or a similar wastewater treatment plant. [L 1978, c 169, pt of §2; am L 1979, c 72, §1; gen ch 1985]

Revision Note

"June 2, 1978" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 329-12 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-12
Nomenclature.
Status: in_force

The controlled substances listed or to be listed in the schedules in sections 329-14, 329-16, 329-18, 329-20, and 329-22 are included by whatever official, common, usual, chemical, or trade name designated.
Haw. Rev. Stat. § 323D-18.6 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-18.6
Confidentiality of information.
Status: in_force

The state agency may adopt rules in accordance with chapter 91 to provide that information submitted to the state agency by providers of health care and health care insurance concerning recipients of health care or health care insurance, or both, shall be confidential.
Haw. Rev. Stat. § 325-13 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-13
Rules.
Status: in_force

(a) For the purpose of carrying out this chapter, the director of health, with the approval of the governor, may adopt, amend, or repeal such rules as the director deems necessary which, when adopted in accordance with chapter 91, shall have the force and effect of law.

(b) The rules shall be designed to:

(1) Protect the health and safety of the public;

(2) Establish appropriate levels of access to Hawaii immunization registry information by authorized users;

(3) Establish data entry and reporting requirements for health care providers; and

(4) Establish penalties for the failure to comply with any rule. [L 1911, c 118, §17; RL 1925, §954; RL 1935, §1114; RL 1945, §2341; RL 1955, §49-13; am L 1965, c 96, §35; HRS §325-13; gen ch 1985; am L 2010, c 113, §2]
Haw. Rev. Stat. § 327G-13 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-13
Judicial relief.
Status: in_force

(a) On petition of a principal, the principal's agent or guardian, a health care provider, or a health care institution involved with the principal's care, any court of competent jurisdiction may enjoin or direct a mental health care decision or order other equitable relief. A proceeding under this section shall be governed by part 3 of article V of chapter 560.

(b) Any such petition filed shall include notice of the existence of an advance mental health care directive and a copy of the directive shall be provided to the court. [L 2004, c 224, pt of §2]
Haw. Rev. Stat. § 342G-116 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-116
Refusal of refund value payment for a deposit beverage container.
Status: in_force

Redemption centers shall refuse to pay the refund value on any broken, corroded, or dismembered deposit beverage container, or any deposit beverage container that:

(1) Contains a free-flowing liquid;

(2) Does not properly indicate a refund value;

(3) Contains a significant amount of foreign material; or

(4) Exhibits characteristics of having been previously processed and baled. [L 2002, c 176, pt of §2; am L 2005, c 206, §5; am L 2007, c 285, §9]
Haw. Rev. Stat. § 342F-2 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-2
Administration.
Status: in_force

The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules.
Haw. Rev. Stat. § 328-28 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-28
Duties of county attorneys, prosecuting attorney.
Status: in_force

Each county attorney, or prosecuting attorney to whom the department of health reports any violation of this part, shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this part is reported to any such attorney 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 attorney, with regard to such contemplated proceeding.

Revision Note

Reference to "prosecuting attorney of the city and county of Honolulu" deleted as unnecessary.
Haw. Rev. Stat. § 322-8 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-8
Administrative penalties.
Status: in_force

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

(b) The director of health 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. It is presumed that the violator's economic and financial conditions allow payment of the penalty and the burden of proof to the contrary is on the violator. For any judicial proceeding to recover the administrative penalty imposed, the director of health 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.

(c) In addition to the penalty under subsection (a), the director of health may order the person who has committed the violation to correct the violation at the person's own expense. [L 1983, c 100, pt of §1; am L 1984, c 12, §1]
Haw. Rev. Stat. § 334-145 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-145
Treatment costs, fees, and costs for petition process.
Status: in_force

The petitioner shall bear all fees and costs related to bringing the petition. The petitioner or respondent shall bear all costs of private treatment. Nothing in this part authorizes publicly funded substance abuse treatment. However, if the respondent is eligible to receive publicly funded treatment and such a program is available for the respondent, the court may order the treatment in such a program.
Haw. Rev. Stat. § 329D-9 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-9
Manufacturing of medical cannabis products.
Status: in_force

(a) Any medical cannabis dispensary licensed by the department pursuant to this chapter shall be permitted to manufacture cannabis products; provided that the dispensary shall also obtain any other state or county permits or licenses that may be necessary for a particular manufacturing activity.

(b) The department shall establish health, safety, and sanitation standards regarding the manufacture of manufactured cannabis products.

(c) A manufacturer of a manufactured cannabis product shall calculate the equivalent physical weight of the cannabis that is used to manufacture the product and shall make the equivalency calculations available to the department and to a consumer of the manufactured cannabis product. [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. § 342D-11 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-11
Injunctive and other relief.
Status: in_force

The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 321C-7 — HI Code / Division 1 / Title 19 / Chapter 321C / Section 321C-7
Language access advisory council.
Status: in_force

(a) There is established the language access advisory council, which shall be placed within the department of health for administrative purposes only. The council shall consist of the following members to be appointed by the governor:

(1) One representative from the state government;

(2) One representative from a covered entity;

(3) One bilingual worker who is or has been employed by a state-funded immigrant service agency or program;

(4) One representative of an advocacy organization that provides services to limited English proficient persons;

(5) One member from the limited English proficient population who has an interest in the provision of oral language services;

(6) One representative from an accredited institution of higher learning who provides professional training in interpretation and translation;

(7) One representative of a Hawaiian language advocacy organization;

(8) One representative of a professional interpreter's organization;

(9) One representative of a bilingual referral service or program;

(10) One representative residing in the county of Hawaii who has shown interest in language access;

(11) One representative residing in the county of Kauai who has shown interest in language access;

(12) One representative residing in the county of Maui who has shown interest in language access;

(13) One representative residing in the city and county of Honolulu who has shown interest in language access;

(14) One member-at-large;

(15) The executive director of the Hawaii civil rights commission or authorized representative, as an ex officio member;

(16) One representative from the disability and communication access board, as an ex officio member; and

(17) The executive director, as an ex officio member.

(b) Members shall be appointed in accordance with section 26-34. The terms of the members shall be for four years. The council shall select one of its members to serve as chair. No member of the council shall receive any compensation for council services, but shall be allowed necessary expenses for travel, board, and lodging incurred in the performance of council duties.

(c) The language access advisory council shall serve in an advisory capacity to the executive director, providing input on:

(1) Implementation and compliance with this chapter;

(2) The quality of oral and written language services provided under this chapter; and

(3) The adequacy of a state agency or covered entity's dissemination and training of its employees likely to have contact with limited English proficient persons, its policies and procedures for language services, its competency in working effectively with in-person and telephone interpreters, and its understanding of the dynamics of interpretation between clients, providers, and interpreters. [L 2012, c 201, pt of §2]
Haw. Rev. Stat. § 322-29 — HI Code / Division 1 / Title 19 / Chapter 322 / Section 322-29
Comptroller to make improvements, when.
Status: in_force

The board shall transmit a copy of its decision to the comptroller and to the other persons affected thereby, so far as practicable, and in case the owner of the land does not within ten days after the receipt of the decision begin work upon the improvements, or in case the work is not completed within such additional time as has been specified as provided in section 322-23, the comptroller may proceed to make or complete the improvement according to the decision of the board. In case no appeal is taken from the decision of the board as above provided, or work is not begun and completed within the times prescribed, the comptroller may proceed to make or complete the improvements.
Haw. Rev. Stat. § 328-102 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-102
Criminal penalty.
Status: in_force

Any person who wilfully violates this part or rules adopted under this part shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 329D-21 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-21
Revocation and suspension of licenses.
Status: in_force

(a) In addition to any other actions authorized by law, the department may deny, revoke, or suspend any license applied for or issued by the department, in accordance with this chapter, and to fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:

(1) Procuring a license through fraud, misrepresentation, or deceit;

(2) Professional misconduct, gross carelessness, or manifest incapacity;

(3) Violation of any of the provisions of this chapter or the rules adopted thereto;

(4) False, fraudulent, or deceptive advertising;

(5) Any other conduct constituting fraudulent or dishonest dealings;

(6) Failure to comply with a department order; and

(7) Making a false statement on any document submitted or required to be filed by this chapter, including furnishing false or fraudulent material information in any application.

(b) Any person who violates any of the provisions of this chapter or the rules adopted pursuant thereto shall be fined not less than $100 nor more than $1,000 for each separate violation. Each day on which a violation occurs or continues shall be counted as a separate violation.

(c) If the department revokes or suspends a license under this section, the licensee shall not:

(1) Dispense, sell, transfer, or otherwise dispose of any cannabis or manufactured cannabis products owned by or in the possession of the licensee; or

(2) Manufacture cannabis products.

Upon a revocation order becoming final, all cannabis and manufactured cannabis products may be forfeited to the State.

(d) All proceedings for denial, suspension, fine, or revocation of a license on any ground specified in subsection (a) shall be conducted pursuant to chapter 91, including the right to judicial review. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2023, c 108, §10]

Revision Note

In subsection (c), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
Haw. Rev. Stat. § 321-234 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-234
Emergency medical services special fund.
Status: in_force

(a) There is established within the state treasury a special fund to be known as the emergency medical services special fund to be administered and expended by the department.

(b) The moneys in the special fund shall be distributed as follows:

(1) Beginning with fiscal year 2021-2022, $3,500,000 shall be distributed each fiscal year to a county operating a county emergency medical services system pursuant to part XI of chapter 46 for the operation of that system; and

(2) The remainder shall be distributed to the department for operating the system established pursuant to this chapter, including enhanced and expanded services, and shall not be used to supplant funding for emergency medical services authorized prior to July 1, 2004.

(c) Fees remitted pursuant to section 249-31, cigarette tax revenues designated under section 245-15, interest and investment earnings attributable to the moneys in the special fund, legislative appropriations, and grants, donations, and contributions from private or public sources for the purposes of the fund, shall be deposited into the special fund.

(d) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that outlines the receipts of, and expenditures from, the special fund. [L 2004, c 158, §2; am L 2006, c 316, §6; am L 2021, c 208, §16]
Haw. Rev. Stat. § 339D-29 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-29
[ §339D-29] Collector record keeping requirements.
Status: in_force

[ §339D-29] Collector record keeping requirements. Each collector shall maintain records for a minimum of five years of the following:

(1) The amount, in weight, of electronic devices it has collected for recycling and reuse and the amounts sent for recycling and reuse; and

(2) Bills of lading or weight tickets for all electronic devices sent for recycling or reuse. [L 2022, c 151, pt of §1]
Haw. Rev. Stat. § 338-18 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-18
Disclosure of records.
Status: in_force

(a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any record, except as authorized by this part or in a manner consistent with rules adopted by the department of health.

(b) The department of health shall not permit inspection of public health statistics records, or issue a certified copy of any record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following persons or agencies shall be considered to have a direct and tangible interest in a public health statistics record:

(1) The registrant;

(2) The spouse of the registrant;

(3) A parent of the registrant;

(4) A descendant of the registrant;

(5) A person having a common ancestor with the registrant;

(6) A legal guardian of the registrant;

(7) A person or agency acting on behalf of the registrant;

(8) A personal representative or trustee of the registrant's estate or trust;

(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;

(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;

(11) A person who needs to determine the marital status of a former spouse to determine the payment of alimony;

(12) A person, an agency, or a beneficiary of a will or trust who needs to determine the death of a co-owner of property;

(13) A person or agency who seeks access to vital statistics records for a public health purpose, as reviewed by the department of health's institutional review committee and approved by the director of health; and

(14) The department of Hawaiian home lands for purposes of verifying eligibility for native Hawaiian beneficiary programs with the permission of the registrant or the descendants of the registrant; provided that the department of health and department of Hawaiian home lands shall enter into a memorandum of agreement to ensure appropriate handling of records before allowing the department of Hawaiian home lands to access the subject records.

(c) The department of health may permit the use of the data contained in public health statistics records for research purposes only, but no identifying use thereof shall be made.

(d) Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.

(e) The department of health may permit persons working on genealogy projects access to microfilm or other copies of vital records of events that occurred more than one hundred fifteen years before the current year.

(f) The department of health shall not issue a verification in lieu of a certified copy of any record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:

(1) A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;

(2) A government agency that, for a legitimate government purpose, maintains and needs to update official lists of persons in the ordinary course of the agency's activities. Notwithstanding other provisions of this section, upon request from a government agency of the State or its political subdivisions, the department of health may further disclose to that government agency the date of the vital event that has been verified;

(3) A government, private, social, or educational agency or organization that seeks confirmation of a certified copy of any record submitted in support of or information provided about a vital event relating to any record and contained in an official application made in the ordinary course of the agency's or organization's activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;

(4) A private or government attorney who seeks to confirm information about a vital event relating to any record that was acquired during the course of or for purposes of legal proceedings; or

(5) An individual employed, endorsed, or sponsored by a government, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to preparation of reports or publications by the agency or organization for research or educational purposes.

(g) For the purposes of this section, "research purposes" shall be limited to those purposes that have been reviewed by the department of health's institutional review committee and approved by the department of health's institutional review committee and the director of health. [L 1949, c 327, §22; RL 1955, §57-21; am L Sp 1959 2d, c 1, §19; am L 1967, c 30, §2; HRS §338-18; am L 1977, c 118, §1; am L 1991, c 190, §1; am L 1997, c 305, §5; am L 2001, c 246, §2; am L 2012, c 86, §2; am L 2021, c 199, §2; am L 2024, c 122, §1]
Haw. Rev. Stat. § 342H-36 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-36
Recycling for agricultural purposes; encouraged.
Status: in_force

The director shall encourage the recycling of solid wastes, including animal wastes and selected non-hazardous industrial wastes, and the composting of animal manures and by-products for agricultural and horticultural purposes. The use of treated sludge effluent for fertilizer and other agricultural purposes shall also be encouraged. Composting of agricultural secondary organic resources under approved methods shall also be encouraged.
Haw. Rev. Stat. § 333E-6 — HI Code / Division 1 / Title 19 / Chapter 333E / Section 333E-6
Confidentiality of records.
Status: in_force

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

(b) Nothing in this section shall preclude the application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records, or disclosure deemed necessary under the federal Developmental Disabilities Act of 1984, P.L. 98-527, to protect and advocate for the rights of persons with developmental disabilities who reside in facilities for persons with developmental disabilities. [L 1986, c 343, §2; am L 2014, c 214, §3]
Haw. Rev. Stat. § 342E-2 — HI Code / Division 1 / Title 19 / Chapter 342E / Section 342E-2
Nonpoint source pollution management and control program; rules.
Status: in_force

(a) There is established within the department a nonpoint source pollution management and control program to administer, enforce, and carry out all laws, rules, and programs relating to nonpoint source pollution in the State. The program may request the assistance of the clean water branch staff of the department, whenever necessary, in administering this chapter and, upon request, shall assist in the implementation and enforcement of chapter 342D.

(b) The nonpoint source pollution management and control program shall administer this chapter through the director. The director may delegate to any person the power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1993, c 345, pt of §2]
Haw. Rev. Stat. § 342L-7.5 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-7.5
Record maintenance.
Status: in_force

The department, pursuant to chapter 91, shall adopt requirements for the establishment and maintenance of records relating to underground storage tanks and tank systems.
Haw. Rev. Stat. § 342D-21 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-21
Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition.
Status: in_force

(a) Beginning January 1, 2021, it shall be unlawful to sell, offer for sale, or distribute for sale in the State any sunscreen that contains oxybenzone or octinoxate, or both, without a prescription issued by a licensed healthcare provider.

(b) No county shall enact any ordinance or regulatory restriction to prohibit the sale, use, labeling, packaging, handling, distribution, or advertisement of sunscreens containing oxybenzone or octinoxate, or both, prior to January 1, 2021.

(c) For purposes of this section:

"Licensed healthcare provider" means a physician or osteopathic physician licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457.

"Octinoxate" refers to the chemical (RS)-2-Ethylhexyl (2E)-3-(4-methoxyphenyl)prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 5466-77-3; the synonyms of which include but are not limited to ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and Uvinul MC80; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.

"Oxybenzone" refers to the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 131-57-7; the synonyms of which include but are not limited to benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9, Uniphenone-3U, 4-methoxy-2-hydroxybenzophenone and Milestab 9; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.

"Prescription" means an order for medication, that is dispensed to or for an ultimate user. "Prescription" shall not include an order for medication that is dispensed for immediate administration to the ultimate user, such as a chart order to dispense a drug to a bed patient for immediate administration in a hospital. "Prescription" includes an order for a sunscreen.

"Sunscreen" means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 328-1, for the face. [L 2018, c 104, §2]
Haw. Rev. Stat. § 342J-14 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-14
Public records; confidential information; penalties.
Status: in_force

(a) For purposes of this chapter, chapter 92F applies to the determination of the types of information that should be made available to members of the public provided that any information that would be required to be disclosed under RCRA and the federal Freedom of Information Act, 5 United States Code §552, if these Acts were applicable, shall be open to the public notwithstanding any provisions to the contrary in chapter 92F. The legislature declares that disclosure of such information which RCRA and the federal Freedom of Information Act require to be disclosed for purposes of this chapter does not constitute an unwarranted invasion of privacy.

(b) Information concerning secret processes or methods of manufacture maintained by an agency pursuant to this chapter shall not be disclosed to the public unless disclosure of such information would be required under applicable provisions of RCRA, 42 United States Code, §§6901 to 6991i and the federal Freedom of Information Act, 5 United States Code §552.

(c) For purposes of this chapter, the department may adopt rules pertaining to both substantive and procedural aspects of information practices which are consistent with RCRA and the federal Freedom of Information Act. These rules shall govern information practices concerning all records maintained by any agency pursuant to this chapter or RCRA and shall supersede any inconsistent rules promulgated pursuant to chapter 92F. [L 1989, c 212, pt of §5; am L 1991, c 259, §12]
Haw. Rev. Stat. § 321-22.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-22.5
Trauma system special fund.
Status: in_force

(a) There is established within the state treasury a special fund to be known as the trauma system special fund to be administered and expended by the department of health. The fund shall consist of:

(1) Surcharges collected pursuant to sections 291-15, 291C-2, and 291E-7;

(2) Cigarette tax revenues designated under section 245-15;

(3) 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;

(4) Funds appropriated by the legislature for this purpose, including grants-in-aid;

(5) Grants, donations, and contributions from private or public sources for the purposes of the trauma system special fund; and

(6) Interest on and other income from the fund, which shall be separately accounted for.

The unexpended and unencumbered moneys in the fund in excess of $7,400,000 on June 30 of each fiscal year shall be transferred by the director of finance into and become a realization of the general fund on that date. Expenditures from the trauma system special fund shall be exempt from chapters 103D and 103F.

(b) The moneys in the trauma system special fund shall be used by the department to support the continuing development and operation of a comprehensive state trauma system. The trauma system special fund shall be used to subsidize the documented costs for the comprehensive state trauma system, including but not limited to the following:

(1) Costs of under-compensated and uncompensated trauma care incurred by hospitals providing care to trauma patients;

(2) Costs incurred by hospitals providing care to trauma patients to maintain on-call physicians for trauma care; and

(3) Costs to staff and operate the State's injury prevention program.

The money in the trauma system special fund shall not be used to supplant funding for trauma services authorized prior to July 1, 2006, and shall not be used for ambulance or medical air transport services.

(c) Disbursements from the fund shall be made in accordance with a methodology established by the department of health to calculate costs incurred by a hospital providing care to trauma patients that are eligible to receive reimbursement under subsection (d). The methodology shall take into account:

(1) Physician on-call coverage that is demonstrated to be essential for trauma services within the hospital;

(2) Equipment that is demonstrated to be essential for trauma services within the hospital;

(3) The creation of overflow or surge capacity to allow a trauma center to respond to mass casualties resulting from an act of terrorism or natural disaster; and

(4) All other hospital services and resources that are demonstrated to be essential for trauma services within the hospital.

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

(d) To receive reimbursement, a hospital providing care to trauma patients shall apply to the trauma system special fund on a form and in a manner approved by the department; provided that recipients of reimbursements from the trauma system special fund shall be subject to the following conditions:

(1) The recipient of a reimbursement shall:

(A) Comply with applicable federal, state, and county laws;

(B) Comply with any other requirements the director may prescribe;

(C) Allow the director, the legislative bodies, and the state auditor access to records, reports, files, and other related documents, to the extent permissible under applicable state and federal law, so that the program, management, and fiscal practices of the recipient may be monitored and evaluated to ensure the proper and effective expenditure of public funds;

(D) Provide care to all injured patients regardless of their ability to pay; and

(E) Participate in data collection and peer review activities for the purpose of system evaluation and improvement of patient care; and

(2) Every reimbursement shall be monitored according to rules established by the director under chapter 91 to ensure compliance with this section.

(e) Necessary administrative expenses to carry out this section shall not exceed five per cent of the total amount collected in any given year.

(f) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that outlines the receipts of and expenditures from the trauma system special fund.

(g) For the purposes of this section:

"Comprehensive state trauma system" means a coordinated integrated system providing a spectrum of medical care throughout the State designed to reduce death and disability by appropriate and timely diagnosis and specialized treatment of injuries, which includes hospitals with successive levels of advanced capabilities for trauma care in accordance with nationally accepted standards established by the American College of Surgeons Committee on Trauma.

"Hospital providing care to trauma patients" means a hospital with emergency services that receives and treats injured patients.

"Trauma care" means specialized medical care intended to reduce death and disability from injuries.

"Trauma center" means a facility verified by the American College of Surgeons or designated by the department applying American College of Surgeons recommendations as guidelines as being a level I, level II, level III, or level IV trauma center. Level I represents the highest level attainable by a verified trauma center, and level IV represents the lowest level attainable by a verified trauma center. [L 2006, c 305, §2; am L 2008, c 231, §20; am L 2012, c 276, §1; am L 2015, c 238, §3]
Haw. Rev. Stat. § 325-122 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-122
Hawaii immunization registry; establishment and purposes.
Status: in_force

The department of health may establish and maintain an immunization information system to be designated as the Hawaii immunization registry. The purposes of the registry shall be to maintain a single statewide repository of immunization records to aid, coordinate, and help promote efficient and cost-effective screening, prevention, and control of vaccine-preventable diseases, including pandemic influenza.
Haw. Rev. Stat. § 342P-28 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-28
Fees.
Status: in_force

The director may establish reasonable fees for the issuance of notifications, certificates, licenses, permits, and variances to cover the cost of issuance thereof, and for the implementation and enforcement of the terms and conditions of permits and variances not including court costs or other costs associated with any formal enforcement action. The fees shall be deposited to the credit of the asbestos and lead abatement special fund or noise, radiation, and indoor air quality special fund.
Haw. Rev. Stat. § 323F-33 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-33
Hawaii Medical Center-East; affiliation; acquisition.
Status: in_force

(a) Hawaii Medical Center-East on Oahu may be assimilated into the corporation by negotiation between the corporation and the owners of Hawaii Medical Center-East. Assimilation may be accomplished with the creation of a new entity, a partnership, a long-term lease, or any other vehicle determined to be in the best interests of the public by the corporation board and as negotiated with the owners of Hawaii Medical Center-East. After assimilation, Hawaii Medical Center-East shall be operated by the corporation, either directly, through contractors, or through a subsidiary.

(b) None of the liabilities of Hawaii Medical Center-East shall become liabilities of the corporation.

(c) Hawaii Medical Center-East, once assimilated, shall be exempt from chapter 102 and section 103-53, and its board of directors, if any, shall be exempt from part I of chapter 92.

(d) The purchase of goods and services by or on behalf of Hawaii Medical Center-East, after assimilation, shall be exempt from chapters 103D and 103F.

(e) Assimilation of Hawaii Medical Center-East into the Hawaii health systems corporation shall be exempt from part VII of chapter 323D.

(f) As used in this section, "Hawaii Medical Center-East" means the facility previously known as Hawaii Medical Center-East located on Liliha street on the island of Oahu. [L 2012, c 281, §2]
Haw. Rev. Stat. § 329B-2.5 — HI Code / Division 1 / Title 19 / Chapter 329B / Section 329B-2.5
Exemptions.
Status: in_force

This chapter does not apply to:

(1) Toxicology tests used in the direct clinical management of patients;

(2) Tests for alcohol under chapter 286 or chapter 291;

(3) Tests made pursuant to subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (53 Federal Register 11986); and

(4) [Paragraph effective until December 31, 2023. For paragraph effective January 1, 2024, see below.] Substance abuse testing of individuals under the supervision or custody of the judiciary, the department of public safety, the Hawaii paroling authority, and the office of youth services. However, these state governmental entities shall establish chain of custody procedures which require that all specimens be sealed and coded in the presence of the individual being tested and that the individual shall sign an approved form acknowledging that the specimen has been sealed and coded in the individual's presence. The procedure shall include a tracking form documenting the handling and storage of the specimen from collection to final disposition of the specimen. The individual also shall be afforded the option of a confirmatory test by a licensed, certified laboratory. The cost of the confirmatory test shall be paid for by the State; provided that in those instances where a positive test result is confirmed, the individual shall be charged with the cost of the confirmation test. Test results shall not require review by a medical review officer. Positive test results of substance abuse testing and the availability of a confirmatory test shall be provided to the individual in writing. A positive test result from a substance abuse test that fails to meet the requirements of this section shall not be reported or recorded.

(4) [Paragraph effective January 1, 2024. For paragraph effective until December 31, 2023, see above.] Substance abuse testing of individuals under the supervision or custody of the judiciary, the department of corrections and rehabilitation, the Hawaii paroling authority, and the office of youth services. However, these state governmental entities shall establish chain of custody procedures which require that all specimens be sealed and coded in the presence of the individual being tested and that the individual shall sign an approved form acknowledging that the specimen has been sealed and coded in the individual's presence. The procedure shall include a tracking form documenting the handling and storage of the specimen from collection to final disposition of the specimen. The individual also shall be afforded the option of a confirmatory test by a licensed, certified laboratory. The cost of the confirmatory test shall be paid for by the State; provided that in those instances where a positive test result is confirmed, the individual shall be charged with the cost of the confirmation test. Test results shall not require review by a medical review officer. Positive test results of substance abuse testing and the availability of a confirmatory test shall be provided to the individual in writing. A positive test result from a substance abuse test that fails to meet the requirements of this section shall not be reported or recorded. [L 1993, c 158, §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 334-10 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-10
State council on mental health.
Status: in_force

(a) There is established, within the department of health for administrative purposes, a state council on mental health. The council shall consist of twenty-one members appointed by the governor as provided in section 26-34. In making appointments to the council, the governor shall ensure that all service area boards of the State are represented, and that a majority of the members are nonproviders of mental health or other health services, and that a majority of the members are not state employees. The number of parents of children with serious emotional disturbances shall be sufficient to provide adequate representation of such children in the deliberations of the council. The council shall be composed of residents of the State, including individuals representing:

(1) The principal state agencies with respect to mental health, education, vocational rehabilitation, criminal justice, housing, medicaid, and social services;

(2) Public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related support services;

(3) Adults with serious mental illnesses who are receiving, or have received, mental health services;

(4) The families of such adults or families of children with serious emotional disturbances; and

(5) The Hawaii advisory commission on drug abuse and controlled substances who shall be a person knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse.

(b) The council shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the council.

(c) The council shall advise the department on allocation of resources, statewide needs, and programs affecting two or more service areas. The council shall review and comment on the statewide comprehensive integrated service plan and shall serve as an advocate for adults with serious mental illness, children with serious emotional disturbances, other individuals with mental illnesses or emotional problems, and individuals with combined mental illness substance abuse disorders.

(d) If the department's action is not in conformance with the council's advice, the department shall provide a written explanation of its position to the council.

(e) The council shall prepare and submit an annual report to the governor and the legislature on implementation of the statewide comprehensive integrated service plan. The report presented to the legislature shall be submitted at least twenty days prior to the convening of each regular session.

(f) A quorum for purposes of doing business shall consist of a majority of the members serving on the council immediately before a meeting begins.

(g) If a quorum is present when a vote is taken, the affirmative vote of a majority of members present shall constitute a valid act of the council unless this chapter, part I of chapter 92, the articles of incorporation, or the bylaws require a greater number of affirmative votes. [L 1984, c 218, pt of §1; am L 1993, c 210, §2; am L 2004, c 79, §3; am L 2018, c 137, §1]
Haw. Rev. Stat. § 322H-1 — HI Code / Division 1 / Title 19 / Chapter 322H / Section 322H-1
Hawaii health authority; establishment.
Status: in_force

(a) There is established within the department of budget and finance for administrative purposes the Hawaii health authority. The authority shall be an autonomous public body corporate and politic and an instrumentality of the State.

(b) The authority shall be composed of nine members appointed by the governor as provided in section 26-34; provided that three members shall be appointed from a list of nominees submitted by the speaker of the house of representatives and three members shall be appointed from a list of nominees submitted by the president of the senate. All members shall be appointed for terms of four years each.

(c) One member shall be selected to be the executive director and confirmed by a majority vote of a quorum of the members of the Hawaii health authority.

(d) Each member shall hold office until the member's successor is appointed and qualified.

(e) Five members shall constitute a quorum, whose affirmative vote shall be necessary for all valid actions by the authority. [L Sp 2009, c 11, pt of §2]
Haw. Rev. Stat. § 338-12 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-12
Evidentiary character of certificates.
Status: in_force

Certificates filed within thirty days after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data pertaining to a parent of a child is prima facie evidence if:

(1) The alleged parent is:

(A) The spouse of the other parent; or

(B) The acknowledged parent of the child; or

(2) The parent-child relationship has been established under chapter 584A. Data pertaining to the alleged parent acknowledging parentage of the child shall be admissible as evidence of parentage in any family court proceeding, including proceedings under chapter 584A. [L 1949, c 327, §16; RL 1955, §57-15; HRS §338-12; am L 1975, c 66, §2(2); am L 1994, c 23, §1; am L 2025, c 298, §4]
Haw. Rev. Stat. § 325-123 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-123
Confidentiality and content of registry records.
Status: in_force

(a) All immunization records and reports made for the purposes of this part that directly or indirectly identify a person shall be kept confidential and shall not be disclosed by any person unless:

(1) The person identified, the person's legal guardian, or in the case of a minor, the minor's parent or legal guardian consents;

(2) Disclosure is deemed necessary by the director of health to carry out this chapter;

(3) A court directs upon its determination that disclosure is necessary for the conduct of proceedings before it;

(4) The disclosure is made between the person's health care provider and payor to obtain reimbursement for services rendered to the person; provided that disclosure shall be made only if the provider informs the person that a reimbursement claim will be made to the person's payor, the person is afforded an opportunity to pay the reimbursement directly, and the person does not pay; or

(5) The department of health releases aggregate immunization information that does not disclose any identifying information of persons whose information is maintained in the registry.

(b) Registry information shall be limited to patient name, demographic information, and contact information; information specific to immunizations or medications received by the patient, including types, manufacturers, lot numbers, expiration dates, anatomical sites of administration, routes of administration, vaccine information statement publication dates, doses, dates administered, the patient ' s history of vaccine-preventable diseases, and contraindications, precautions, adverse reactions to, or comments regarding immunizations or medications; and the name and contact information of the vaccination administrator or medication provider and the patient ' s health care provider.

(c) The department of health shall adopt administrative, physical, and technical measures to ensure the security of the registry; protect the confidentiality, integrity, and availability of registry data; and prevent unauthorized access to registry information. [L 2010, c 113, pt of §1; am L 2012, c 275, §2]
Haw. Rev. Stat. § 342G-23 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-23
State review of county integrated solid waste management plans.
Status: in_force

(a) Prior to submitting to the office a plan that has been formally adopted by a county, the county and the office may negotiate plan components the county finds infeasible. The public shall be notified of all plan components that are determined to be infeasible.

(b) The office shall review the county-adopted plan and approve, conditionally approve, approve specific elements or components, or disapprove the plan. The office shall have sixty days to render a decision, unless the office gives written notice to the county that additional time is necessary to complete the review.

(c) The office shall approve any county plan or revised plan that demonstrates to its satisfaction that:

(1) The plan is reasonably complete and accurate, and consistent with this chapter and rules adopted under this chapter;

(2) The plan provides for the maximum feasible development and implementation of source reduction, recycling, and bioconversion programs, and demonstrates a feasible schedule, funding source, and amount for doing so;

(3) The plan provides for the disposal of solid waste that is not reduced, recycled, or altered through bioconversion, in a manner that is consistent with the requirements of this chapter; and

(4) The plan accomplishes all of the above in a manner consistent with chapter 226.

(d) To expedite and facilitate the plan development, review, and adoption process, the office, at the request of a county, may participate directly in the county adoption process by attending public hearings and county council sessions.

(e) The department shall notify the public of the approval, conditional approval, approval of specific elements or components, or disapproval of the plan. The director may hold a public hearing on the plan if the director determines that a public hearing is in the public interest. [L 1991, c 324, pt of §2]
Haw. Rev. Stat. § 344-1 — HI Code / Division 1 / Title 19 / Chapter 344 / Section 344-1
Purpose.
Status: in_force

The purpose of this chapter is to establish a state policy which will encourage productive and enjoyable harmony between people and their environment, promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of humanity, and enrich the understanding of the ecological systems and natural resources important to the people of Hawaii.
Haw. Rev. Stat. § 321C-3 — HI Code / Division 1 / Title 19 / Chapter 321C / Section 321C-3
Oral and written language services.
Status: in_force

(a) Each state agency and all covered entities shall take reasonable steps to ensure meaningful access to services, programs, and activities by limited English proficient persons, which will be determined by a totality of circumstances, including the following factors:

(1) The number or proportion of limited English proficient persons served or encountered in the eligible service population;

(2) The frequency with which limited English proficient persons come in contact with the services, programs, or activities;

(3) The nature and importance of the services, programs, or activities; and

(4) The resources available to the State or covered entity and the costs.

(b) Subject to subsection (a), each state agency and covered entity shall provide competent, timely oral language services to limited English proficient persons who seek to access services, programs, or activities.

(c) Subject to subsection (a), each state agency and covered entity shall provide written translations of vital documents to limited English proficient persons who seek to access services, programs, or activities, as follows:

(1) Written translations of vital documents for each eligible limited English proficient group that constitutes five per cent or one thousand, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered; or

(2) If there are fewer than fifty persons in a limited English proficient group that reaches the five per cent threshold in paragraph (1), written notice in the primary language to the limited English proficient language group of the right to receive competent oral interpretation of those written materials, free of cost.

(d) To the extent that the State requires additional personnel to provide language services based on the determination set forth in this section, the State shall hire qualified personnel who are bilingual to fill existing, budgeted vacant public contact positions. [L 2012, c 201, pt of §2]
Haw. Rev. Stat. § 328-80 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-80
Home-based agricultural producer of honey; inspections.
Status: in_force

If the department receives a consumer complaint about a home-based agricultural producer of honey, the producer shall be subject to food sampling and subsequent inspection of its premises to determine if the producer's products are misbranded or adulterated.
Haw. Rev. Stat. § 342L-16 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-16
Nonliability of department personnel.
Status: in_force

Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342L-7(d).
Haw. Rev. Stat. § 342L-5 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-5
Variances allowed.
Status: in_force

Provisions under this chapter deemed more stringent than the federal rules established under Subtitle I of the federal Resource Conservation and Recovery Act, as added by the federal Hazardous and Solid Waste Amendments of 1984, may be varied by the department, when the variance results in an equivalent degree of human health and environmental protection and does not present a greater danger to human health or the environment.
Haw. Rev. Stat. § 323B-1 — HI Code / Division 1 / Title 19 / Chapter 323B / Section 323B-1
Applicability.
Status: in_force

This chapter shall apply, unless amended by specific reference to this chapter or any section thereof.
Haw. Rev. Stat. § 332D-1 — HI Code / Division 1 / Title 19 / Chapter 332D / Section 332D-1
Definitions.
Status: in_force

As used in this chapter:

"OctaBDE" means octabrominated diphenyl ether.

"PentaBDE" means pentabrominated diphenyl ether. [L 2004, c 146, pt of §2]
Haw. Rev. Stat. § 325-38 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-38
Immunization of indigent, medically indigent, and other persons.
Status: in_force

(a) The department of health shall provide for the free immunization and vaccination of indigent and medically indigent persons and may provide such immunizations for others, especially children, of high risk and susceptibility as may be defined by the director through rules adopted pursuant to chapter 91, for their protection against the types of diseases that, in the discretion of the director, would be inimical to the health and lives of persons who may contract these diseases, including but not limited to diphtheria, pertussis, tetanus, polio, typhoid, measles, mumps, rubella, haemophilus influenza (systemic), hepatitis B, influenza, and pneumococcal disease, and against other diseases for which vaccines have and will have been developed in the future.

(b) As used in this section:

"Indigent person" means a person without adequate and proper means of subsistence to whom the department of human services is liable or responsible for support.

"Medically indigent person" means a person otherwise able to subsist but who, in the emergency of sickness, is not able to care for the extra expenses necessary to maintain or restore health.

(c) The director, through rules adopted in accordance with chapter 91, may define terms necessary to carry out the purposes of this section. [L 1965, c 128, §1; Supp, §49-38; HRS §325-38; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1993, c 362, §2]
Haw. Rev. Stat. § 325-92 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-92
Prenatal hepatitis B screening and treatment of newborns.
Status: in_force

The department may adopt rules necessary to provide appropriate hepatitis B screening of pregnant women, including reporting and follow-up procedures for newborns of hepatitis B carrier mothers.
Haw. Rev. Stat. § 328-23 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-23
Inspection powers of director.
Status: in_force

The director of health or any of the director's agents are authorized upon presenting appropriate credentials to the owner, operator or agent in charge, (1) to enter at all reasonable hours any factory, warehouse, or establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in commerce; (2) to inspect at reasonable times and within reasonable limits and in a reasonable manner such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein to determine if this part is being violated; (3) to have access to and to copy all records of carriers in commerce showing the movement in commerce of any food, drug, device, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper and consignee thereof; provided that evidence obtained under this subsection shall not be used in a criminal prosecution of the person from whom obtained; and provided further that carriers shall not be subject to the other provisions of this part by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business as carriers; and (4) to secure samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the sample. The director shall make or cause to be made examinations of samples secured under this section to determine whether or not this part is being violated.
Haw. Rev. Stat. § 334-134 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-134
Hearing for discharge.
Status: in_force

Any person may petition the family court for the discharge of an order of assisted community treatment during the period of assisted community treatment after sixty days from the most recent hearing involving the subject of the order. The petition shall be filed, and unless the court determines the existence of a guardian, guardian ad litem appointed, notice given, hearing held, and order made in the same manner as provided for the original petition alleging that the subject of the order met the criteria for assisted community treatment.
Haw. Rev. Stat. § 321-15.63 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15.63
Hospice services.
Status: in_force

(a) The department of health may license hospice service agencies. If the department licenses hospice service agencies, the director shall adopt rules in accordance with chapter 91 regarding hospice service agencies that shall:

(1) Protect the health, safety, welfare, and civil rights of persons residing in their place of residence; and

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

Licensing shall be required annually for the first two years of licensure. Thereafter, licensing shall be required biennially; provided that if the department of health receives a complaint regarding the hospice service agency from the time of the last licensure, the licensing shall be required annually until such time as the department is satisfied that licensing may proceed biennially.

(b) For the purpose of this section:

"Hospice service" means a program of palliative and supportive care for terminally ill persons and their families or caregivers.

"Hospice service agency" means an agency or organization, or a subdivision of that agency or organization, which is engaged in providing hospice services at the place of residence of its clients. [L 1999, c 77, §3]
Haw. Rev. Stat. § 335-2 — HI Code / Division 1 / Title 19 / Chapter 335 / Section 335-2
Compact administrator.
Status: in_force

Pursuant to the compact, the director of health shall be the compact administrator and the officer who, acting jointly with like officers of other party states, may promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this State and its subdivisions in facilitating the present administration of the compact or of any supplementary agreement or agreements entered into by this State thereunder.
Haw. Rev. Stat. § 339D-22 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-22
Manufacturers.
Status: in_force

(a) No manufacturer shall sell or offer for sale any new electronic device in the State unless:

(1) The electronic device is labeled with a brand, whether licensed or owned, and the label is permanently affixed; and

(2) The brand is included in a registration that is filed with the department and that is effective pursuant to subsection (b).

(b) By January 1, 2023, before selling or offering for sale any electronic device in the State, each manufacturer shall register with the department and pay to the department a registration fee of $5,000. Thereafter, if a manufacturer has not previously registered, the manufacturer shall register with the department prior to any offer for sale for delivery in the State of the manufacturer's new electronic device.

(c) Each manufacturer who is registered shall submit an annual renewal of its registration and payment of a registration fee of $5,000 to the department by January 1 of each year.

(d) The registration and each renewal shall include a list of all of the manufacturer's brands of electronic devices and shall be effective on the second day of the succeeding month after receipt by the department of the registration or renewal.

(e) A manufacturer shall provide the department with contact information for the manufacturer's designated agent or employee whom the department may contact for information on the manufacturer's compliance with the requirements of this section. [L 2009, c 183, pt of §6; am L 2022, c 151, §11]
Haw. Rev. Stat. § 328-12.7 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-12.7
Display of unpackaged processed food.
Status: in_force

(a) Unpackaged processed food, except potentially hazardous food, may be displayed and sold in bulk in self-service containers if all of the following conditions are satisfied:

(1) Each self-service container has a tight-fitting lid permanently attached in a manner that prevents the lid from touching the floor, which is kept in a closed position at all times except during customer service;

(2) Each self-service container has a utensil with a handle for dispensing the food;

(3) Self-service containers, lids, and utensils are constructed of nontoxic materials and provide for easy cleaning and repair;

(4) Self-service containers, lids, and utensils are maintained in a sanitary condition and in a manner that prevents spoilage and infestation;

(5) A sign is posted prominently and conspicuously within the immediate display area directing customers to utilize the utensils provided when serving themselves; and

(6) A label is conspicuously displayed in plain view of the customer and securely attached to each self-service container or in a clear relationship thereto, which contains the following:

(A) Common name of product; and

(B) Declaration of each ingredient used in the manufacture by their common or usual name in descending order of predominate weight. This declaration shall be provided in writing to the food establishment by the manufacturer, packer, or distributor.

(b) Unpackaged processed food may be displayed and sold in bulk in other than self-service containers if all of the following conditions are satisfied:

(1) The food is served by an employee of the food establishment directly to a consumer; and

(2) The food is displayed in clean, sanitary, and covered or otherwise protected containers.

(c) If the director makes a specific finding that a disease is actually transmitted by the method of dispensing unpackaged processed food, as prescribed by this section, the director may establish by rule greater restrictions on the sale of such food than are required by this section. Such rule shall bear directly on the specific relationship between the disease actually transmitted and the dispensing methods permitted by this section. [L 1983, c 150, pt of §1]
Haw. Rev. Stat. § 325-34 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-34
Exemptions.
Status: in_force

Section 325-32 shall be construed not to require the vaccination or immunization of any person for three months after a duly licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health has signed two copies of a certificate stating the name and address of the person and that because of a stated cause the health of the person would be endangered by the vaccination or immunization, and has forwarded the original copy of the certificate to the person or, if the person is a minor or under guardianship, to the person's parent or guardian, and has forwarded the duplicate copy of the certificate to the department for its files.

No person shall be subjected to vaccination, revaccination or immunization, who shall in writing object thereto on the grounds that the requirements are not in accordance with the religious tenets of an established church of which the person is a member or adherent, or, if the person is a minor or under guardianship, whose parent or guardian shall in writing object thereto on such grounds, but no objection shall be recognized when, in the opinion of the director of health, there is danger of an epidemic from any communicable disease. [L 1945, c 171, pt of §1; am L 1947, c 165, §1(b); RL 1955, §49-34; am L Sp 1959 2d, c 1, §19; am L 1967, c 23, §4; HRS §325-34; am L 1974, c 6, §2(2); gen ch 1985; am L 2009, c 151, §13; am L 2014, c 45, §8]
Haw. Rev. Stat. § 342J-32 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-32
Standards for generators.
Status: in_force

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

(1) Obtaining an identification number;

(2) Requiring a solid waste generator to determine whether the waste that that person has generated is hazardous waste;

(3) Using appropriate containers for hazardous waste;

(4) Packaging, labeling, marking, and placarding practices;

(5) Transporting and international shipping of hazardous waste;

(6) Developing a manifest system to track movements of hazardous wastes to designated facilities; and

(7) Submitting reports and recordkeeping practices. [L 1989, c 212, pt of §5]
Haw. Rev. Stat. § 342B-28 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-28
Recordkeeping and monitoring requirements.
Status: in_force

The director may require an owner or operator of any source on a continuous, periodic, or one-time basis to:

(1) Establish, maintain, and submit records;

(2) Draft reports;

(3) Install, use, and maintain monitoring equipment, and use audit procedures or methods;

(4) Sample emissions in accordance with such procedures or methods, at such locations, at such intervals, during periods, and in the manner prescribed by the director;

(5) Keep records on the source and the control equipment parameters, production variables, or other indirect data when direct monitoring is impractical;

(6) Sample and analyze the composition of the fuel, waste, or other products being burned or incinerated;

(7) Submit compliance certifications; and

(8) Provide other information as the department may require. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 342H-6 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-6
Inspection of premises.
Status: in_force

The director, in accordance with law, may enter and inspect any facility, building, or place to investigate an actual or suspected source of solid waste pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard adopted by the department pursuant to this chapter, any permit or variance 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 solid waste pollution shall be disclosed by the official or employee except as it relates directly to solid waste pollution 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. § 334-144 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-144
Hearing and court order.
Status: in_force

(a) The court shall conduct a hearing to consider all facts relating to the petition. The court may postpone the hearing and order the respondent to be assessed for substance abuse or addiction by a certified substance abuse counselor, at the petitioner's expense.

(b) The court may grant the petition if it finds clear and convincing evidence that:

(1) The respondent has a history of substance abuse and refuses to enter treatment voluntarily;

(2) The respondent has a family support system that will encourage and participate in the respondent's treatment program;

(3) The respondent can benefit from outpatient treatment and is capable of surviving safely in the community with the family support system and if outpatient treatment is received;

(4) The respondent or the petitioner has financial resources to pay for the outpatient treatment program;

(5) The respondent poses an imminent danger to self or to others if treatment is not received; and

(6) The respondent understands the nature of the proceeding and the effect of the court order to enter into outpatient treatment.

(c) The court order shall be limited to ninety days of outpatient treatment. Upon renewal of the petition, the court may extend the petition for an additional ninety days. [L 2004, c 44, pt of §20]
Haw. Rev. Stat. § 342H-16 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-16
Other action not barred.
Status: in_force

No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter.
Haw. Rev. Stat. § 328-75 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-75
Enforcement; suspension.
Status: in_force

(a) The department of health shall enforce sections 328-71 to 328-76 and shall have, in connection therewith, all the powers and duties conferred and imposed upon it by and pursuant to part I.

(b) In the event of findings by the department that there is an existing or imminent shortage of any ingredient required by section 328-72 or 328-73, and that because of such shortage the sale and distribution of flour or white bread or rolls may be impeded by the enforcement of sections 328-71 to 328-76, the department shall issue an order, to be effective immediately upon issuance, permitting the omission of the ingredient from flour or white bread or rolls; and if it finds it necessary or appropriate, excepting such foods from the labeling requirements until the further order of the department. Any such findings may be made without hearing, on the basis of an order or of factual information supplied by the appropriate federal agency or officer. In the absence of any such order of the appropriate federal agency or factual information supplied by it, the department on its own motion may, and upon receiving the sworn statements of ten or more persons subject to sections 328-71 to 328-76 that they believe such a shortage exists or is imminent shall, within twenty days thereafter hold a public hearing with respect thereto at which any interested person may present evidence; and shall make findings based upon the evidence presented. The department shall publish notice of any such hearing at least ten days prior thereto.

Whenever the department has reason to believe that the shortage no longer exists, it shall hold a public hearing, after at least ten days’ notice shall have been given, at which any interested person may present evidence, and it shall make findings based upon the evidence so presented. If its findings are that the shortage no longer exists, it shall issue an order to become effective not less than thirty days after publication thereof, revoking the previous order; provided that undisposed floor stocks of flour on hand at the effective date of the revocation order, or flour manufactured prior to the effective date, for sale in this State may thereafter be lawfully sold or disposed of.

(c) All orders, rules, and regulations adopted by the department pursuant to sections 328-71 to 328-76 shall be published in the manner prescribed by section 321-10 and, within the limits specified by sections 328-71 to 328-76, shall become effective upon such date as the department shall fix.

(d) For the purpose of sections 328-71 to 328-76, the director of health and any of the director’s agents may take samples for analysis and conduct examinations and investigations, and they shall have free access at all reasonable hours and may enter in and upon any factory, mill, warehouse, shop, or establishment where flour, white bread, or rolls are manufactured, processed, packed, sold, or held, or any vehicle being used for the transportation thereof, and inspect any such place or vehicle and any flour, white bread, or rolls therein, and all pertinent equipment, materials, containers and labeling.

(e) If any person manufacturing, processing, packing, keeping for sale, exhibiting for sale, or offering for sale, any flour, white bread, or rolls included within sections 328-71 to 328-76 refuses to furnish the director of health and any of the director’s agents, upon demand, either personal or in writing, a sufficient sample for the analysis of any such flour, white bread, or rolls, which are in the person’s possession, the director of health and any of the director’s agents tendering the market price therefor, such refusal shall be prima facie evidence that the flour, white bread, or rolls are not enriched as required. [L 1945, c 101, §5; RL 1955, §51-59; am L Sp 1959 2d, c 1, §19; HRS §328-75; gen ch 1985]
Haw. Rev. Stat. § 342L-32 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-32
Standards for tanks and tank systems.
Status: in_force

(a) The department shall adopt standards under chapter 91 which shall apply to underground storage tanks and tank systems.

(b) Underground storage tank and tank system standards shall include, but are not limited to the following specifications:

(1) The tank and tank system shall be designed, constructed, installed, upgraded, maintained, repaired, and operated to prevent releases of the stored regulated substances for the operational life of the tank or tank system;

(2) The material used in the construction or lining of the tank or tank system is compatible with the substance to be stored; and

(3) Existing underground storage tanks or existing tank systems shall be replaced or upgraded not later than December 22, 1998, to prevent releases for their operating life. [L 1989, c 212, pt of §6; am L 1992, c 259, §22]
Haw. Rev. Stat. § 321-492 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-492
[ §321-492] Definitions.
Status: in_force

[ §321-492] Definitions. As used in this part:

"Day care center" includes a place designated for group care for four or more adults or a family home providing care for two or more adults.

"Day care center for elder disabled and aged persons" means a place maintained and operated by an individual, organization, or agency for the purpose of providing supportive and protective care to a disabled or aged person with or without charging a fee during the attendant working day.

"Department" means the department of health.

"Disabled and aged persons" means any person who lives with a spouse, relative, or friend but who requires temporary supervision and care during the absence of those persons from the home or residence.

"Elder" means any person as may otherwise be defined by the department, who desires and needs counseling, guidance, and assistance to modify or resolve the social, economic, educational, recreational, physical, or mental problem that impedes the person's personal functioning and well-being.

Nothing in section 321-493 shall be construed to include a relative caring for another relative; a neighbor or friend caring for an adult by mutual choice and agreement; or any center or facility conducted primarily or solely for educational, social, recreational, athletic, or other group functions that may provide for twenty-four hour boarding, personal, or nursing care accommodation. [L 2012, c 93, pt of §2]
Haw. Rev. Stat. § 321-178 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-178
Definitions.
Status: in_force

As used in this part:

"Client" means a child or adolescent who is receiving services from the child and adolescent mental health division.

"Division" means the child and adolescent mental health division of the department of health. [L 2025, c 178, §2]
Haw. Rev. Stat. § 334-12 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-12
Bilingual mental health services.
Status: in_force

(a) There is established in the mental health division of the department of health, a mental health unit which shall provide bilingual mental health services statewide.

(b) The mental health unit established in this section shall have the following functions and shall provide the following services:

(1) Outreach;

(2) Education;

(3) Case finding;

(4) Screening;

(5) Referral and linkage;

(6) Consultation;

(7) Crisis stabilization;

(8) Community support services;

(9) System advocacy;

(10) Client support and advocacy; and

(11) Monitoring and follow-up. [L 1989, c 78, §3]
Haw. Rev. Stat. § 340F-1 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-1
Definitions.
Status: in_force

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

"Association of boards of certification for operating personnel in water and wastewater utilities" means that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for the classification of potable water supply and wastewater systems and facilities and for certification of operators, facilitates reciprocity between state programs, and assists authorities in establishing new certification programs and upgrading existing programs.

"Board" means the board of certification established by section 340F-4.

"Director" means the director of health.

"Operator" means any individual who operates a public water system or a major segment of a public water system such as a water treatment plant or distribution system.

"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality, or any other private, county, state, or federal legal entity.

"Public water system" has the same meaning as in section 340E-1.

"Supervisor" means, where shift operation is not required, any individual who has direct responsibility for the operation of a public water system or who supervises operators of such a system. Where shift operation is required, "supervisor" means any individual who has direct responsibility for active daily onsite technical and administrative supervision, and active daily onsite charge of an operating shift, or a major segment of a public water system. [L 1991, c 273, pt of §1; am L 2000, c 196, §2]
Haw. Rev. Stat. § 323D-47 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-47
Request for reconsideration.
Status: in_force

The state agency may provide by rules adopted in conformity with chapter 91 for a procedure by which any person may, for good cause shown, request in writing a public hearing before a reconsideration committee for purposes of reconsideration of the agency's decision. The reconsideration committee shall consist of the administrator of the state agency and the chairpersons of the statewide council, the review panel, the plan development committee of the statewide council, and the appropriate subarea health planning council. The administrator shall be the chairperson of the reconsideration committee. A request for a public hearing shall be deemed by the reconsideration committee to have shown good cause, if:

(1) It presents significant, relevant information not previously considered by the state agency;

(2) It demonstrates that there have been significant changes in factors or circumstances relied upon by the state agency in reaching its decision;

(3) It demonstrates that the state agency has materially failed to follow its adopted procedures in reaching its decision;

(4) It provides such other bases for a public hearing as the state agency determines constitutes good causes; or

(5) The decision of the administrator differs from the recommendation of the statewide council.

To be effective a request for such a hearing shall be received within ten working days of the state agency decision. A decision of the reconsideration committee following a public hearing under this section shall be considered a decision of the state agency for purposes of section 323D-44. [L 1977, c 178, pt of §2; am L 1987, c 270, §13; am L 1997, c 336, §11]
Haw. Rev. Stat. § 321-482 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-482
Home and community-based case management agency, authority over and evaluation of.
Status: in_force

(a) Any person, agency, or organization engaged in providing, coordinating, or monitoring comprehensive services to clients in community care foster family homes, or medicaid clients in expanded adult residential care homes, and assisted living facilities, shall meet the standards of conditions, management, and competence set by the department, and hold a license in good standing issued for this purpose by the department.

(b) The department shall adopt rules pursuant to chapter 91 relating to:

(1) Standards for the organization and administration of home and community-based case management agencies;

(2) Standards of conditions, management, and competence of home and community-based case management agencies;

(3) Procedures for obtaining and renewing a license from the department; and

(4) Minimum grievance procedures for clients of case management services.

(c) As a condition for obtaining a license, a person, agency, or organization shall comply with rules adopted under subsection (b)(1), (2), and (3), and satisfy the background check requirements under section 321-15.2. The department may deny a license if:

(1) An operator, employee, or new employee of the home and community-based case management agency has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less;

(2) The department finds that the background check record of an operator, employee, or new employee poses a risk to the health, safety, or well-being of adults receiving care in community care foster family homes, expanded adult residential care homes, or assisted living facilities;

(3) An operator, employee, or new employee of the home and community-based case management agency is a perpetrator of abuse as defined in section 346-222; or

(4) The holder of or an applicant for a home and community-based case management agency license, or one of its employees, has a certificate of approval to operate a community care foster family home, or a license from the department to operate an adult residential care home, expanded adult residential care home, or assisted living facility.

(d) Upon approval of any home and community-based case management agency, the department or its authorized agents shall issue a license, which shall continue in force for one year, or for two years if a home and community-based case management agency has been licensed for at least one year and is in good standing pursuant to standards adopted by the department, unless sooner revoked for cause. The department or its authorized agents shall renew the license only if, after an annual or biennial evaluation, the agency continues to meet the standards established by the department.

(e) The department shall evaluate the home and community-based case management agency to determine compliance with the requirements established under this section:

(1) Annually or biennially; or

(2) Upon receipt of a complaint that the home and community-based case management agency is in violation of the requirements established under this section.

(f) The department may suspend or revoke a license if the department deems that the agency is unwilling or unable to comply with the rules adopted under this section; provided that:

(1) Upon suspension or revocation of a license, the home and community-based case management agency shall no longer be licensed and shall immediately notify the agency's clients and community care foster family homes, expanded adult residential care homes, and assisted living facilities in which the agency is providing services to clients;

(2) A home and community-based case management agency whose license has been suspended or revoked may appeal the suspension or revocation to the department through its established process, but the appeal shall not stay the suspension or revocation;

(3) A suspended or revoked license may be reinstated if the department deems that the agency is willing and able to comply with the rules adopted under this section; and

(4) A revoked license shall be restored only after a new application is made and reviewed under this part.

(g) Any home and community-based case management agency shall be subject to investigation by the department at any time and in the manner, place, and form as provided in the department's rules.

(h) The department shall adopt standard forms of contract that the home and community-based case management agency shall use with each of its clients, community care foster family homes, expanded adult residential care homes, and assisted living facilities.

(i) The home and community-based case management agency shall have a fiduciary duty to each client it serves.

(j) A home and community-based case management agency shall not enter into an agreement that requires a community care foster family home to accept that agency's clients exclusively. [L 2012, c 93, pt of §2; am L 2015, c 190, §4]
Haw. Rev. Stat. § 334B-8 — HI Code / Division 1 / Title 19 / Chapter 334B / Section 334B-8
Annual report.
Status: in_force

The director shall submit an annual report to the governor and the legislature at least twenty days prior to the convening of each regular session concerning the conduct of review agents that have been reported to the complaint resolution panel. The report shall include an analysis of complaints filed against agents by patients or their representatives, or providers.
Haw. Rev. Stat. § 321-228 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-228
Emergency medical services; counties.
Status: in_force

The department shall determine, in consultation with the advisory committee under section 321-225, the levels of emergency medical services that shall be implemented in each county within the service area. The department may contract to provide emergency medical services, including emergency aeromedical services, or any necessary component of the emergency services system of a county within the service area in conformance with the state system. If any county within the service area shall apply to the department to operate emergency medical ambulance services within the respective county, the department may contract with the county for the provision of those services. The department shall operate emergency medical ambulance services or contract with a private agency in those counties within the service area that do not apply to it under this section. Any county or private agency contracting to provide emergency medical ambulance services under this section shall be required by the department to implement those services in a manner and at a level consistent with the levels determined under this section.
Haw. Rev. Stat. § 323D-77 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-77
Acquisition; decision by agency.
Status: in_force

In making a decision whether to approve or disapprove an application, the agency shall consider:

(1) Whether sufficient safeguards are included to ensure that the affected community has continued access to affordable care;

(2) Whether the purchaser and parties to the acquisition have made a commitment to provide health care to the disadvantaged, uninsured, and underinsured, and to provide benefits to the affected community to promote improved health care. Current and prior health care activities and funding for those activities by the seller or its successor nonprofit corporation or foundation may be considered in evaluating compliance with this commitment;

(3) If health care providers will be offered the opportunity to invest or own an interest in the purchaser or a related entity to the purchaser; and

(4) Whether procedures or safeguards are in place to avoid conflict of interest in patient referral and the nature of those procedures or safeguards.

This section does not apply higher standards to hospitals covered by this part than those applicable to hospitals not covered by this part. [L 1998, c 257, pt of §1]
Haw. Rev. Stat. § 342G-87 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-87
Contract for administrative services.
Status: in_force

The department may contract the services of a third party to administer the advance disposal fee program under this part.
Haw. Rev. Stat. § 340E-23 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-23
Rules.
Status: in_force

The director, by rules adopted under chapter 91, may establish state standards which shall supersede interim action levels. As soon as practicable and within two years of the establishment of an interim action level, and every two years thereafter until a federal or state standard is established to supersede an interim action level, the director of health shall review all available scientific information to determine whether there is sufficient basis to establish a state standard to supersede an interim action level. Prior to adopting rules to establish state standards, the director shall conduct at least one public hearing to provide information to the public on the nature of the chemical contaminant under review and to afford the public an opportunity to present information and concerns to the department relating to the chemical contaminant under review.
Haw. Rev. Stat. § 321-486.1 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-486.1
Action upon investigation.
Status: in_force

Upon investigation, the department may take action on confirmed findings that the subject of a report is operating a care facility without the required certificate or license and may do any or all of the following:

(1) Resolve the matter in an informal fashion as is appropriate under the circumstances;

(2) Exercise the department's right of entry under section 321-486.2;

(3) File a petition with the district court for enforcement, protective, or remedial action; or

(4) Pursue any protective or remedial actions authorized by law. [L 2018, c 148, pt of §1]
Haw. Rev. Stat. § 340E-7 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-7
Prohibited acts.
Status: in_force

(a) No supplier of water shall violate any rule adopted pursuant to section 340E-2.

(b) No supplier of water shall violate any condition or provision of a variance, exemption, permit, or other written authorization issued under this part.

(c) No supplier of water shall violate any requirement of an emergency plan promulgated pursuant to section 340E-5.

(d) No supplier of water shall violate any rule adopted under section 340E-6 or disseminate any false or misleading information with respect to notices required pursuant to section340E-6 or with respect to remedial actions undertaken to achieve compliance with state primary drinking water regulations.

(e) No person shall violate any order issued by the director pursuant to this part.

(f) No person shall cause a public water system to violate the state primary drinking water regulations.

(g) No person shall violate underground injection control rules adopted pursuant to this part.

(h) No person shall fail or refuse to comply with the director's authority to inspect the premises of a supplier of water pursuant to section 340E-4.6.

(i) No person shall install or repair any public water system or any plumbing in a residential or nonresidential facility providing water for human consumption which is connected to a public water system with any pipe, solder, flux, plumbing fittings, or fixtures that are not lead free. "Lead free" with respect to solders and flux means containing not more than 0.2 per cent lead, with respect to pipes and pipe fittings means containing not more than 8.0 per cent lead and with respect to plumbing fittings and fixtures means those in compliance with National Sanitation Foundation Standard 61, section 9. This subsection shall not apply to leaded joints necessary for the repair of cast iron pipes.

(j) No person shall violate rules on public water system capacity adopted pursuant to this part. [L 1976, c 84, pt of §1; am L 1981, c 12, §1; am L 1987, c 165, pt of §1; am L 1997, c 218, §6; am L 2001, c 81, §1]

Revision Note

In subsections (b), (e), and (g), "part" substituted for "chapter".
Haw. Rev. Stat. § 342I-5 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-5
Enforcement.
Status: in_force

The department of health shall enforce this part.
Haw. Rev. Stat. § 338-25.6 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-25.6
Fee.
Status: in_force

A fee of $5 shall be charged by the director of health for the issuing of such permit, the fee to be paid and accounted for to the treasury of the State, provided that subject to the provisions of section 338-25.5 the director shall issue a permit, free of charge, to any county, state or federal officer, acting in the officer's official capacity, or to representatives of the consular corps, or to any domestic or foreign corporation, association, or organization not operated for profit which engages in public charity.
Haw. Rev. Stat. § 342J-20 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-20
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) Any county may adopt ordinances and rules governing any matter relating to hazardous waste management which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to hazardous waste management shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1989, c 212, pt of §5]
Haw. Rev. Stat. § 330-1 — HI Code / Division 1 / Title 19 / Chapter 330 / Section 330-1
Definition of poison.
Status: in_force

The term "poison" as used in this chapter, includes any chemical or preparation that has properties that are commonly considered poisonous or is capable of affecting the human organism in such a way and to such an extent that its possession, sale, transfer, use, or storage is found by the department to require regulation for public health and safety. The term "poison" does not include any drug for which a prescription is required by state or federal law. [PC 1869, c 88, §2; RL 1925, §1005; am L 1931, c 224, pt of §1; RL 1935, §1431; RL 1945, §2951; am L 1945, c 139, §1(a); RL 1955, §53-1; am L Sp 1959 2d, c 1, §19; HRS §330-1; am L 1986, c 179, §5; am L 2001, c 2, §1]
Haw. Rev. Stat. § 343-7 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-7
Limitation of actions.
Status: in_force

(a) Any judicial proceeding, the subject of which is the lack of assessment required under section 343-5, shall be initiated within one hundred twenty days of the agency's decision to carry out or approve the action, or, if a proposed action is undertaken without a formal determination by the agency that a statement is or is not required, a judicial proceeding shall be instituted within one hundred twenty days after the proposed action is started. The office, any agency responsible for approval of the action, or the applicant shall be adjudged an aggrieved party for the purposes of bringing judicial action under this subsection. Others, by environmental court action, may be adjudged aggrieved.

(b) Any judicial proceeding, the subject of which is the determination that a statement is required for a proposed action, shall be initiated within sixty days after the public has been informed of such determination pursuant to section 343-3. Any judicial proceeding, the subject of which is the determination that a statement is not required for a proposed action, shall be initiated within thirty days after the public has been informed of such determination pursuant to section 343-3. The applicant shall be adjudged an aggrieved party for the purposes of bringing judicial action under this subsection. Others, by environmental court action, may be adjudged aggrieved.

(c) Any judicial proceeding, the subject of which is the acceptance or nonacceptance of an environmental impact statement required under section 343-5, shall be initiated within sixty days after the public has been informed pursuant to section 343-3 of the acceptance or nonacceptance of such statement. Affected agencies and persons who provided written comment to an accepted statement during the designated review period shall be adjudged aggrieved parties for the purpose of bringing judicial action under this subsection; provided that for aggrieved parties, the contestable issues shall be limited to issues identified and discussed in the written comment, and for applicants bringing judicial action under this section on the nonacceptance of a statement, the contestable issues shall be limited to those issues identified by the accepting authority as the basis for nonacceptance of the statement. [L 1974, c 246, pt of §1; am and ren L 1979, c 197, §1(8); am L 1983, c 140, §10; am L 1992, c 241, §3; am L 2014, c 218, §8; am L 2021, c 152, §15]
Haw. Rev. Stat. § 329D-27 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-27
Administrative rules.
Status: in_force

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

(b) No later than January 4, 2016, the department shall adopt interim rules, which shall be exempt from chapter 91 and chapter 201M, to effectuate the purposes of this chapter; provided that the interim rules shall remain in effect until July 1, 2027, or until rules are adopted pursuant to subsection (a), whichever occurs sooner.

(c) The department may amend the interim rules, and the amendments shall be exempt from chapters 91 and 201M, to effectuate the purposes of this chapter; provided that any amended interim rules shall remain in effect until July 1, 2027, or until rules are adopted pursuant to subsection (a), whichever occurs sooner. [L 2015, c 241, pt of §2; am L 2016, c 230, §20; am L 2017, c 41, §10; am L 2018, c 159, §3; am L 2025, c 46, §5]
Haw. Rev. Stat. § 342J-12 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-12
Appeal.
Status: in_force

If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction.
Haw. Rev. Stat. § 330C-5 — HI Code / Division 1 / Title 19 / Chapter 330C / Section 330C-5
Conventional packages, marketing, labeling statements.
Status: in_force

(a) For the purposes of making any household substance which is subject to a standard established under section 330C-4 readily available to elder or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if:

(1) The manufacturer or packer also supplies such substance in packages which comply with such standard; and

(2) The packages of such substance which do not meet such standard bear conspicuous labeling stating: "This package for households without young children"; except that the director may by rule prescribe a substitute statement to the same effect for packaging too small to accommodate such labeling.

(b) In the case of a household substance which is subject to such a standard and which is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in such order or when requested by the purchaser.

(c) In the case of a household substance subject to such a standard which is packaged under subsection (a) in a noncomplying package, if the director determines that such substance is not also being supplied by a manufacturer or packer in popular size packages which comply with such standard, the director may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, by order require such substance to be packaged by such manufacturer or packer exclusively in special packaging complying with such standard if the director finds, after opportunity for hearing, that such exclusive use of special packaging is necessary to accomplish the purposes of this chapter. [L 1974, c 216, pt of §1; gen ch 1985; am L 1990, c 67, §8]
Haw. Rev. Stat. § 321-5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-5
Contract for exchange of Hawaii personnel.
Status: in_force

(a) The department of health may contract with any state, or the health department of any state having the power to so contract, for the exchange of Hawaii personnel for personnel of the health department of that state. Any exchange shall be made under rules prescribed by the department, in no case shall be for a period exceeding one year, and in all cases shall be subject to the following provisions:

(1) That each person exchanged by the health department of any state shall possess qualifications equal to the qualifications of the person exchanged from Hawaii;

(2) That the person exchanged from Hawaii shall have served for not less than three years prior to the beginning of the exchange period as Hawaii personnel;

(3) That in the selection of Hawaii personnel for exchange, preference shall be given to persons born in the State;

(4) That each person exchanged by the health department of any state shall hold in the health department of that state a position the same as or equivalent to the position held by the person exchanged from Hawaii;

(5) That the person exchanged from Hawaii shall be paid that person's regular salary out of the funds appropriated therefor, but nothing in addition thereto;

(6) That the State shall not pay any traveling or other expenses of the Hawaii personnel or of the personnel of the health department of any state coming to Hawaii under any contract of exchange. This prohibition shall be construed to include all travel, transportation, board, lodging, or other expenses incidental to or arising out of any exchange;

(7) That the State shall not pay any compensation to the person coming to Hawaii under any contract of exchange; provided that in any case where the person so exchanged from Hawaii becomes incapacitated or, for any reason, leaves the exchange position permanently, the department may pay the visiting exchange person an amount not to exceed the salary rating of the person so exchanged from Hawaii, such an arrangement to continue until the end of the period of exchange or until such time as some adjustment satisfactory to the department is made;

(8) That any provision of law to the contrary notwithstanding, the state requirements in respect to civil service, citizenship, or residence shall not apply to any person coming to Hawaii under any contract of exchange; and

(9) That the appropriate collective bargaining agreement, executive order, executive directive, or rule regarding traveling expenses for state officials shall not apply to Hawaii personnel exchanged under this section.

(b) The department may adopt rules as it deems necessary concerning the powers, rights, functions, conduct, duties, and liabilities of, exercised by or imposed upon, any person coming to Hawaii under any contract of exchange.

(c) As used in this section, unless the text clearly otherwise indicates:

"Hawaii personnel" means public health nurses, sanitary officers, and medical officers.

"Health department" means the department of health or other public authority authorized by law to administer or administering the public health laws of any state.

"State" means any state or territory of the United States, or county or municipality of any such state or territory. [L 1941, c 83, pt of §1; am L 1943, c 43, §1(7); RL 1945, §§2013, 2014; RL 1955, §46-20; am L Sp 1959 2d, c 1, §19; HRS §321-5; am L 2002, c 148, §35; am L 2018, c 18, §18; am L 2019, c 210, §4]
Haw. Rev. Stat. § 326-35 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-35
Sheriff, appointment, removal.
Status: in_force

There shall be no county officer in the county other than a sheriff, who shall be a patient resident of and be appointed in the county by the department of health and who shall hold office at the pleasure of the department or until a successor is appointed by the department. When a qualified patient resident is not available, the department may appoint a staff employee or other qualified person to serve as sheriff.