Haw. Rev. Stat. § 342G-114 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-114
Redemption centers.
Status: in_force

(a) Prior to operation, redemption centers shall be certified by the department.

(b) Applications for certification as a redemption center shall be filed with the department on forms prescribed by the department.

(c) The department, at any time, may review the certification of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the department, after it has afforded the redemption center operator a hearing in accordance with chapter 91, may withdraw the certification of the center if it finds that there has not been compliance with applicable laws, rules, permit conditions, or certification requirements.

(d) Redemption centers shall:

(1) Accept all types of empty deposit beverage containers for which a deposit has been paid;

(2) Verify that all containers to be redeemed bear a valid Hawaii refund value;

(3) Pay to the redeemer the full refund value in either cash or a redeemable voucher for all deposit beverage containers, except as provided in section 342G-116;

(4) Ensure each deposit beverage container collected is recycled through a contractual agreement with an out-of-state recycler or an in-state recycling facility permitted by the department; provided that this paragraph shall not apply if the redemption center is operated by a recycler permitted by the department;

(5) Remain open at least thirty hours per week in high density population areas, of which at least five hours shall be on Saturday or Sunday; and

(6) Forward the documentation necessary to support claims for payment as stated in section 342G-119.

(e) Redemption centers' redemption areas shall be maintained in full compliance with applicable laws and with the orders and rules of the department, including permitting requirements, if deemed necessary, under chapter 342H.

(f) The department shall develop procedures to facilitate the exchange of information between deposit beverage container manufacturers, distributors, and retailers and certified redemption centers, including but not limited to universal product code information for reverse vending machine purposes. The procedures developed by the department shall allow for a reasonable time period between the introduction of a new deposit beverage product and the deadline for submitting universal product code information to certified redemption centers operating reverse vending machines. [L 2002, c 176, pt of §2; am L 2004, c 241, §8; am L 2005, c 227, §2; am L 2007, c 285, §7]
Haw. Rev. Stat. § 321-35 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-35
[ §321-35] Department of education student physical examination follow-up assistance and consultations.
Status: in_force

[ §321-35] Department of education student physical examination follow-up assistance and consultations. (a) No later than the end of the seventh grade school year, the department of health shall contact the parents or guardians of students listed pursuant to section 302A-1159(b) and provide information to assist those persons in obtaining a physical examination for the student pursuant to section 302A-1159(b).

(b) Subject to the availability of funds, the department of health shall also provide follow-up notice to or consultations with the parents or guardians of the students contacted pursuant to subsection (a) on the benefits of a healthy lifestyle and preventative health care and the availability of health care coverage under the federal Patient Protection and Affordable Care Act or medicaid. [L 2016, c 185, §3]
Haw. Rev. Stat. § 329C-3 — HI Code / Division 1 / Title 19 / Chapter 329C / Section 329C-3
Forfeiture.
Status: in_force

All imitation controlled substances are subject to forfeiture according to the procedures set forth in chapter 712A.
Haw. Rev. Stat. § 321-1.3 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-1.3
Domestic violence and sexual assault special fund.
Status: reserved

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

(b) The moneys in the special fund shall be reserved for use by the department of health for programs and grants or purchases of service consistent with chapter 42D that support or provide domestic violence and sexual assault intervention or prevention as authorized by law. Moneys in the special fund shall be used for new or existing programs and shall not supplant any other moneys previously allocated to these programs.

(c) Fees remitted pursuant to section 338-14.5, income tax remittances allocated under section 235-102.5, interest and investment earnings attributable to the moneys in the special fund, 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 of health shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session providing the following:

(1) An accounting of the receipts of, and expenditures from, the special fund; and

(2) Recommendations on how to improve services for victims of domestic violence and sexual assault. [L 1997, c 216, §§1, 13; am L 1999, c 194, §1; am L 2004, c 228, §2; am L 2005, c 142, §2]
Haw. Rev. Stat. § 327-38 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-38
Prohibitions; penalty.
Status: in_force

(a) No person shall give, offer, or promise any money or other things of value to any other person in consideration of receiving a dead human body.

(b) No person shall provide a dead human body to any other person in consideration of any money or other things of value, or any offer or promise of money or other things of value.

(c) No person shall display a dead human body for commercial purposes; provided that this subsection shall not apply to a display of a dead human body that:

(1) Has been dead for more than eighty years;

(2) Consists solely of human teeth or hair;

(3) Is part of the ordinary display or viewing of the deceased at a funeral establishment or part of a similar funeral or memorial service;

(4) Is an object of religious veneration;

(5) Is an object of research or educational display in the possession of any federal, state, or county agency, any public or private institution of higher learning accredited under federal or state law, or any private entity in receipt of a federal, state, or county grant for health-related research; or

(6) Is in the possession of a museum facility.

(d) Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than one year, or both.

(e) As used in this section:

"Dead human body" means:

(1) An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem; provided that the determination of death be made in accordance with accepted medical standards; and

(2) Includes plastinated human bodies or remains, including tissue, organs, and other body parts, that are preserved from decay by replacing the water and fats in the human remains with a polymer.

"Museum facility" means a public or private nonprofit institution that:

(1) Is accredited by the American Alliance of Museums or is part of an accredited college or university;

(2) Is organized on a permanent basis for essentially educational or aesthetic purposes; and

(3) Owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. [L 1967, c 240, pt of §1; HRS §327-38; am L 2009, c 118, §1; am L 2012, c 75, §5; am L 2023, c 17, §8]
Haw. Rev. Stat. § 339D-23.3 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-23.3
Manufacturer reporting requirements.
Status: in_force

(a) By August 1, 2022, and annually thereafter, each manufacturer shall report to the department its sales, by weight, of the manufacturer's electronic devices sold in the State in the previous calendar year, categorized by electronic device type.

(b) If the manufacturer is unable to provide accurate sales data, the manufacturer shall explain why the data cannot be provided and shall instead report an estimate of its sales data and provide an explanation of the methods used to derive the estimate.

(c) By March 31, 2023, and annually thereafter, each manufacturer shall report to the department the total weight of all electronic devices recycled or reused, by county, in the previous calendar year. Reports shall be submitted on forms prescribed by the department. For reports submitted containing information for calendar years 2025, 2026, and 2027 , the following additional information shall be provided:

(1) A list of all collection and recycling locations with corresponding days and hours of operation;

(2) The types and amounts by weight of each type of electronic device collected by each collector for each month;

(3) The names of recyclers and the amount in weight of electronic devices purchased from each recycler;

(4) The names of collectors of the recycled electronic devices; and

(5) The names of reuse facilities and the amount in weight of electronic devices sent for reuse for each facility. [L 2022, c 151, pt of §1; am L 2025, c 162, §5]
Haw. Rev. Stat. § 342G-84 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-84
Deposit into environmental management special fund; distribution to counties.
Status: in_force

(a) Revenues generated from the advance disposal fee shall be deposited into a special account in the environmental management fund. Moneys from the special account shall be used to fund county glass recovery programs established in accordance with the requirements under section 342G-86; provided that no moneys shall be made available to a county unless the county has first submitted its formally adopted integrated solid waste management plan to the department for review. In the event of any surplus in the special account, the department shall recommend a reduction in the fee as deemed necessary.

(b) The department shall distribute the moneys contained in the special account to the counties in proportion to the amount of glass imported into each county based on the county's de facto population. The distribution shall be in the form of direct contracts with the department as permitted under chapters 103 and 103D or transfer of funds from the department.

(c) No more than ten per cent, in the aggregate, of the revenue collected in any one year may be used by the department for administrative and educational purposes and to promote glass recovery, recycling, and reuse in Hawaii through research and demonstration projects.

(d) All moneys distributed to the counties under subsection (b), and not used by the counties as specified in section 342G-86, shall be returned to the State for deposit into the environmental management special fund at the end of each annual contract period. [L 1994, c 201, pt of §2; am L 1998, c 253, §1; am L 2002, c 176, §11]
Haw. Rev. Stat. § 321-15.62 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-15.62
Expanded adult residential care homes; licensing.
Status: in_force

(a) All expanded adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321-1.9.

(b) The director of health shall adopt rules regarding expanded adult residential care homes in accordance with chapter 91 that shall implement a social model of health care designed to:

(1) Protect the health, safety, civil rights, and rights of choice of residents in a nursing facility or in home- or community-based care;

(2) Provide for the licensing of expanded adult residential care homes for persons who are certified by the department of human services, a physician, advanced practice registered nurse, or registered nurse case manager as requiring skilled nursing facility level or intermediate care facility level of care who have no financial relationship with the home care operator or facility staff; provided that the rules shall allow group living in the following two categories of expanded adult residential care homes as licensed by the department of health:

(A) A type I home shall consist of five or fewer residents with no more than two nursing facility level residents; provided that more nursing facility level residents may be allowed at the discretion of the department; and provided further that up to six residents may be allowed at the discretion of the department to live in a type I home; provided that the primary caregiver or home operator is a certified nurse aide who has completed a state-approved training program and other training as required by the department; and

(B) A type II home shall consist of six or more residents, with no more than twenty per cent of the home's licensed capacity as nursing facility level residents; provided that more nursing facility level residents may be allowed at the discretion of the department;

provided further that the department shall exercise its discretion for a resident presently residing in a type I or type II home, to allow the resident to remain as an additional nursing facility level resident based upon the best interests of the resident. The best interests of the resident shall be determined by the department after consultation with the resident, the resident's family, primary physician, case manager, primary caregiver, and home operator;

(3) Comply with applicable federal laws and regulations of title XVI of the Social Security Act, as amended; and

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

(c) The department may provide for the training of and consultations with operators and staff of any facility licensed under this section, in conjunction with any licensing thereof, and shall adopt rules to ensure that expanded adult residential care home operators shall have the needed skills to provide proper care and supervision in a home environment as required under department rules.

(d) The department shall establish a standard admission policy and procedure which shall require the provision of information that includes the appropriate medical and personal history of the patient as well as the level of care needed by the patient prior to the patient's referral and admission to any expanded adult residential care home facility. The department shall develop appropriate forms and patient summaries for this purpose.

(e) The department shall maintain an inventory of all facilities licensed under this section and shall maintain a current inventory of vacancies therein to facilitate the placement of individuals in such facilities. [L 1998, c 132, pt of §1; am L 2002, c 166, §4; am L 2006, c 270, §3; am L 2010, c 120, §1; am L 2010, c 120, §§1, 4; ree L 2014, c 9, §11; am L 2016, c 184, §4]
Haw. Rev. Stat. § 340E-2.5 — HI Code / Division 1 / Title 19 / Chapter 340E / Section 340E-2.5
Capacity development.
Status: in_force

The director may adopt rules to ensure that public water systems demonstrate technical, managerial, and financial capacity with respect to each state primary drinking water regulation in effect, or likely to be in effect, when the systems supply drinking water or commence operations.
Haw. Rev. Stat. § 342D-19 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-19
Effect of laws, ordinances, and rules.
Status: in_force

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

(b) Any county may adopt ordinances and rules governing any matter relating to water pollution control which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to water pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof except as provided in subsection (c).

(c) Any county desiring to administer its own laws, ordinances, and rules on the design, construction, and operation of sewerage and treatment facilities may submit to the director a full and complete description of the program it proposes to establish and administer under county law. In addition, the county shall submit a statement from its corporation counsel or county attorney that the laws of the county provide adequate authority and the standards are equal to or more stringent than the standards of the department to carry out the described program. The director shall approve each such submitted program unless the director determines that either adequate authority does not exist or the proposed standards are less stringent than those of the department. [L 1989, c 212, pt of §2]
Haw. Rev. Stat. § 321-92 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-92
Fees for services.
Status: in_force

The department of health is authorized to establish, charge, and collect reasonable fees for services rendered under the program set forth in section 321-91.
Haw. Rev. Stat. § 343-5 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-5
Applicability and requirements.
Status: in_force

(a) Except as otherwise provided, an environmental assessment shall be required for actions that:

(1) Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section 205-2(d)(11) or 205-4.5(a)(13) shall only be required pursuant to section 205-5(b);

(2) Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

(3) Propose any use within a shoreline area as defined in section 205A-41;

(4) Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

(5) Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

(6) Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

(7) Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

(8) Propose the construction of new or the expansion or modification of existing helicopter facilities within the State, that by way of their activities, may affect:

(A) Any land classified as a conservation district by the state land use commission under chapter 205;

(B) A shoreline area as defined in section 205A-41; or

(C) Any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or until the statewide historic places inventory is completed, any historic site that is found by a field reconnaissance of the area affected by the helicopter facility and is under consideration for placement on the National Register or the Hawaii Register of Historic Places; and

(9) Propose any:

(A) Wastewater treatment unit, except an individual wastewater system or a wastewater treatment unit serving fewer than fifty single-family dwellings or the equivalent;

(B) Waste-to-energy facility;

(C) Landfill;

(D) Oil refinery; or

(E) Power-generating facility.

(b) Whenever an agency proposes an action in subsection (a), other than feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or other than the use of state or county funds for the acquisition of unimproved real property that is not a specific type of action declared exempt under section 343-6, the agency shall prepare an environmental assessment for the action at the earliest practicable time to determine whether an environmental impact statement shall be required; provided that if the agency determines, through its judgment and experience, that an environmental impact statement is likely to be required, the agency may choose not to prepare an environmental assessment and instead shall prepare an environmental impact statement that begins with the preparation of an environmental impact statement preparation notice as provided by rules.

(c) For environmental assessments for which a finding of no significant impact is anticipated:

(1) A draft environmental assessment shall be made available for public review and comment for a period of thirty days;

(2) The office shall inform the public of the availability of the draft environmental assessment for public review and comment pursuant to section 343-3;

(3) The agency shall respond in writing to comments received during the review and prepare a final environmental assessment to determine whether an environmental impact statement shall be required;

(4) A statement shall be required if the agency finds that the proposed action may have a significant effect on the environment; and

(5) The agency shall file notice of the determination with the office. When a conflict of interest may exist because the proposing agency and the agency making the determination are the same, the office may review the agency's determination, consult the agency, and advise the agency of potential conflicts, to comply with this section. The office shall publish the final determination for the public's information pursuant to section 343-3.

The draft and final statements, if required, shall be prepared by the agency and submitted to the office. The draft statement shall be made available for public review and comment through the office for a period of forty-five days. The office shall inform the public of the availability of the draft statement for public review and comment pursuant to section 343-3. The agency shall respond in writing to comments received during the review and prepare a final statement.

The office, when requested by the agency, may make a recommendation as to the acceptability of the final statement.

(d) The final authority to accept a final statement shall rest with:

(1) The governor, or the governor's authorized representative, whenever an action proposes the use of state lands or the use of state funds, or whenever a state agency proposes an action within the categories in subsection (a); or

(2) The mayor, or the mayor's authorized representative, of the respective county whenever an action proposes only the use of county lands or county funds.

Acceptance of a required final statement shall be a condition precedent to implementation of the proposed action. Upon acceptance or nonacceptance of the final statement, the governor or mayor, or the governor's or mayor's authorized representative, shall file notice of such determination with the office. The office, in turn, shall publish the determination of acceptance or nonacceptance pursuant to section 343-3.

(e) Whenever an applicant proposes an action specified by subsection (a) that requires approval of an agency and that is not a specific type of action declared exempt under section 343-6, the agency initially receiving and agreeing to process the request for approval shall require the applicant to prepare an environmental assessment of the proposed action at the earliest practicable time to determine whether an environmental impact statement shall be required; provided that if the agency determines, through its judgment and experience, that an environmental impact statement is likely to be required, the agency may authorize the applicant to choose not to prepare an environmental assessment and instead prepare an environmental impact statement that begins with the preparation of an environmental impact statement preparation notice as provided by rules. The final approving agency for the request for approval is not required to be the accepting authority.

For environmental assessments for which a finding of no significant impact is anticipated:

(1) A draft environmental assessment shall be made available for public review and comment for a period of thirty days;

(2) The office shall inform the public of the availability of the draft environmental assessment for public review and comment pursuant to section 343-3; and

(3) The applicant shall respond in writing to comments received during the review and the applicant shall prepare a final environmental assessment to determine whether an environmental impact statement shall be required. A statement shall be required if the agency finds that the proposed action may have a significant effect on the environment. The agency shall file notice of the agency's determination with the office, which, in turn, shall publish the agency's determination for the public's information pursuant to section 343-3.

The draft and final statements, if required, shall be prepared by the applicant, who shall file these statements with the office.

The draft statement shall be made available for public review and comment through the office for a period of forty-five days. The office shall inform the public of the availability of the draft statement for public review and comment pursuant to section 343-3.

The applicant shall respond in writing to comments received during the review and prepare a final statement. The office, when requested by the applicant or agency, may make a recommendation as to the acceptability of the final statement.

The authority to accept a final statement shall rest with the agency initially receiving and agreeing to process the request for approval. The final decision-making body or approving agency for the request for approval is not required to be the accepting authority. The planning department for the county in which the proposed action will occur shall be a permissible accepting authority for the final statement.

Acceptance of a required final statement shall be a condition precedent to approval of the request and commencement of the proposed action. Upon acceptance or nonacceptance of the final statement, the agency shall file notice of the determination with the office. The office, in turn, shall publish the determination of acceptance or nonacceptance of the final statement pursuant to section 343-3.

The agency receiving the request, within thirty days of receipt of the final statement, shall notify the applicant and the office of the acceptance or nonacceptance of the final statement. The final statement shall be deemed to be accepted if the agency fails to accept or not accept the final statement within thirty days after receipt of the final statement; provided that the thirty-day period may be extended at the request of the applicant for a period not to exceed fifteen days.

In any acceptance or nonacceptance, the agency shall provide the applicant with the specific findings and reasons for its determination.

(f) Whenever an applicant requests approval for a proposed action and there is a question as to which of two or more state or county agencies with jurisdiction has the responsibility of determining whether an environmental assessment is required, the office, after consultation with and assistance from the affected state or county agencies, shall determine which agency has the responsibility for determining whether an environmental assessment by the applicant is required, except in situations involving secondary actions under section 343-5.5; provided that in no case shall the office be considered the approving agency.

(g) In preparing an environmental assessment, an agency may consider and, where applicable and appropriate, incorporate by reference, in whole or in part, previous determinations of whether a statement is required and previously accepted statements. The council, by rule, shall establish criteria and procedures for the use of previous determinations and statements.

(h) Whenever an action is subject to both the National Environmental Policy Act of 1969 (Public Law 91-190) and the requirements of this chapter, the office and agencies shall cooperate with federal agencies to the fullest extent possible to reduce duplication between federal and state requirements. Such cooperation, to the fullest extent possible, shall include joint environmental impact statements with concurrent public review and processing at both levels of government. Where federal law has environmental impact statement requirements in addition to but not in conflict with this chapter, the office and agencies shall cooperate in fulfilling these requirements so that one document shall comply with all applicable laws.

(i) A statement that is accepted with respect to a particular action shall satisfy the requirements of this chapter, and no other statement for the proposed action shall be required. [L 1974, c 246, pt of §1; am and ren L 1979, c 197, §1(5), (6); am L 1980, c 22, §1; am L 1983, c 140, §8; gen ch 1985; am L 1987, c 187, §2, c 195, §1, c 283, §23, and c 325, §1; am L 1992, c 241, §2; am L 1996, c 61, §2; am L 2004, c 55, §3; am L 2005, c 130, §3; am L 2006, c 250, §4; am L 2008, c 110, §2 and c 207, §5; am L 2009, c 11, §4; am L 2012, c 172, §2 and c 312, §2; am L 2016, c 27, §5; am L 2021, c 152, §13]
Haw. Rev. Stat. § 321-2.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-2.5
Volunteer medical assistance personnel.
Status: in_force

(a) This section shall apply to all volunteer medical assistance personnel, including:

(1) Physicians;

(2) Psychologists;

(3) Nurses;

(4) Emergency medical technicians;

(5) Social workers;

(6) Mobile intensive care technicians;

(7) Physician assistants; and

(8) Pharmacists,

licensed or certified in this State, or employed by a health care facility, while providing volunteer medical assistance services.

(b) Any volunteer medical assistance personnel who is injured in the performance of volunteer medical assistance services, shall be entitled to the benefits in section 386-171.

(c) Except in cases of wilful or criminal misconduct, gross negligence, or reckless misconduct, any volunteer medical assistance personnel providing volunteer medical assistance services shall not be liable for the death of or injury to persons, or for damage to property, as a result of any act or omission in the course of rendering volunteer medical assistance services. No act or omission shall be imputed to the owner of any vehicle by reason of ownership thereof; provided that nothing in this section shall preclude recovery by any person for injury or damage sustained from the operation of any vehicle that may be insured under section 41D-8 to the extent of the insurance.

(d) Nothing in this section shall be construed to affect any civil action brought by the State or a county against any volunteer medical assistance personnel of the State or a county.

(e) In any suit against the State or a county for civil damages based upon the negligent act or omission of volunteer medical assistance personnel, proof of the negligent act or omission shall be sufficient to establish the responsibility of the State or a county therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer medical assistance personnel with respect to any act or omission included under subsection (c).

(f) For the purposes of this section:

"Volunteer medical assistance services" means the rendering of professional medical services that are provided on behalf of and authorized by the State or a county, including participation during periods of volunteer medical assistance services and volunteer medical assistance services training; provided that services provided pursuant to section 321-23.3 shall not be considered to be volunteer medical assistance services. Volunteer medical assistance services shall include providing professional medical services in support of vaccination campaigns or outreach clinics. [L 2010, c 134, §1; am L 2012, c 265, §1]
Haw. Rev. Stat. § 321-14.8 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-14.8
Home care agencies; licensing.
Status: in_force

(a) Beginning July 1, 2010, each home care agency shall be licensed by the department of health to ensure the health, safety, and welfare of clients.

(b) The department of health shall adopt rules pursuant to chapters 91 and 201M to:

(1) Protect the health, safety, and civil rights of clients of home care agencies; and

(2) Provide for the licensure of home care agencies.

(c) A service provider agency shall be exempt from the licensing requirement of this section when services are provided:

(1) Under contract for services with the city and county of Honolulu, elderly affairs division of the department of community services; or

(2) Exclusively to participants in the medicaid home and community based services waiver, pursuant to section 1915(c) of the Social Security Act, by an agency approved by the department of human services med-QUEST division.

(d) A home care agency shall only provide home care services or related tasks, functions, and activities in accordance with its license, and shall not provide services authorized by chapter 457 unless those services are provided by a registered nurse, a licensed practical nurse, or an advanced practice registered nurse.

(e) Violations of this section shall be subject to the penalties and remedies provided in this chapter and rules adopted by the department of health.

(f) For the purposes of this section:

"Home care agency" means a public or proprietary agency, a private, nonprofit organization, or a subdivision of an agency or organization, engaged in providing home care services to clients in the client's residence. "Home care agency" does not apply to an individual, including an individual who is incorporated as a business, or is an unpaid or stipended volunteer.

"Home care services" may include:

(1) Personal care, including assistance with dressing, feeding, and personal hygiene to facilitate self-care;

(2) Homemaker assistance, including housekeeping, shopping, and meal planning and preparation; and

(3) Respite care and assistance and support provided to the family. [L Sp 2009, c 21, §§2, 8; am L 2014, c 125, §2; am L 2018, c 148, §2; am L 2019, c 91, §2 and c 158, §2; am L 2025, c 51, §1]
Haw. Rev. Stat. § 323F-22 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-22
Annual audit and report; disclosure of revenue projections; internal performance audit.
Status: in_force

(a) The corporation shall engage a certified public accountant to conduct an annual audit of its financial affairs, books, and records in accordance with generally accepted accounting principles. The corporation, in consultation with a regional system board, may permit or require a regional system board to retain an audit firm to conduct an independent audit of the regional system. Each regional system board shall submit the results of the annual audit to the corporation board within one hundred twenty days after the close of the regional system board's fiscal year. The corporation shall submit to the governor and the legislature, within one hundred fifty days after the close of the corporation's fiscal year, a report that shall include the audited financial report for that fiscal year for the corporation and each regional system board.

(b) In addition to the submittal of the audit required under subsection (a), the corporation, in cooperation with the regional system boards, shall submit a report to the legislature at least twenty days prior to the convening of each regular session that shall include but not be limited to:

(1) The projected revenues for each health care facility;

(2) A list of all proposed capital improvement projects planned for implementation during the following fiscal year; and

(3) All reports submitted by regional public health facility management advisory committees pursuant to section 323F-10(c).

(c) The regional system boards shall prepare a report for inclusion with the corporation's annual report and audit.

(d) There shall be an annual internal audit of the management and operations of the corporation and regions. The corporation, in cooperation with the regional system boards, shall submit a report to the legislature at least twenty days prior to the convening of each regular session on the results of the annual internal audit of the management and operations of the corporation and regions. [L 1996, c 262, pt of §2; am L 2007, c 290, §31; am L 2009, c 182, §15]
Haw. Rev. Stat. § 328-12 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-12
Suspension and reinstatement of permits.
Status: in_force

The department of health may suspend immediately upon notice any permit issued under authority of section 328-11 if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of the permit, and the department shall, immediately after prompt hearing and an inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued, or as amended.

Any officer or employee duly designated by the director of health shall have access to any factory or establishment, the operator of which holds a permit from the department, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be grounds for suspension of the permit until such access is freely given by the operator. [L 1941, c 318, pt of §8; RL 1945, §2212; RL 1955, §51-12; am L Sp 1959 2d, c 1, §19; HRS §328-12]
Haw. Rev. Stat. § 342B-22 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-22
Permit and permit renewal; requirements.
Status: in_force

(a) The owner or operator of a covered source shall obtain a permit from the department. The director may exempt any nonmajor category of covered sources from the permit obligation for a period of five years after the effective date of the rules establishing the permit program.

(b) Within twelve months after the effective date of the rules establishing the permit program, the owner or operator of a covered source shall submit to the department an application for a permit and a compliance plan.

(c) No person shall begin construction, modification, or relocation of any covered source without first obtaining a permit from the director.

(d) The director may require any person who owns, operates, or desires to construct, modify, or relocate a source other than a covered source to obtain a permit prior to the construction, modification, relocation, operation, or continued operation.

(e) Permits being renewed shall be subject to the same procedural requirements that apply to initial permit issuance, including the procedure of federal oversight and public participation.

(f) Permit expiration terminates the source's right to operate unless a timely and complete renewal application is submitted to the department and provided the owner or operator acts consistently with the permit previously granted, the application on which it was granted, and all plans, specifications, and other information submitted as a part thereof. [L 1992, c 240, pt of §1]
Haw. Rev. Stat. § 342G-85 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-85
Container inventory report and payment.
Status: in_force

(a) Payment of the advance glass disposal fee shall be made quarterly based on inventory reports of the glass container importers, except for those importers subject to subsection (c) or (d). All glass container importers shall submit to the department documentation in sufficient detail that identifies the number of glass deposit beverage and glass non-deposit beverage containers manufactured or imported to the State and sold or distributed, by manufacturer or distributor, during the calendar year.

(b) Until September 30, 2004, the amount due from glass container importers less glass containers exported for the calendar year shall be the sum equal to the number of glass containers provided in subsection (a) multiplied by the advance disposal fee specified in section 342G-82. Beginning October 1, 2004, the amount due from glass container importers shall be the sum equal to the number of non-deposit beverage glass containers provided in subsection (a), less non-deposit beverage glass containers exported, and multiplied by the advance disposal fee. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All subsequent inventory reports and payments shall be made not later than the fifteenth day of the month following the end of the previous calendar quarter, except for those importers subject to subsection (d).

(c) Until September 30, 2004, a glass container importer who imports fewer than five thousand glass containers within a one-year period shall be exempt from payment of the fee. Any empty, imported glass container designed to hold not more than two and one-half fluid ounces of a product meant for human consumption shall be exempt from the fee. Beginning October 1, 2004, a glass container importer who imports or manufactures in the State fewer [than] five thousand non-deposit beverage glass containers within a one-year period shall be exempt from payment of the fee.

(d) Until September 30, 2004, a glass container importer who imports five thousand or more glass containers, but less than or equal to one hundred thousand glass containers, shall be permitted to provide a report and payment of the fee annually, rather than quarterly. Beginning October 1, 2004, a glass container importer who imports or manufactures in the State five thousand or more non-deposit beverage glass containers, but less than or equal to one hundred thousand non-deposit beverage glass containers, shall be permitted to provide a report and payment of the fee annually, rather than quarterly. [L 1994, c 201, pt of §2; am L 1998, c 253, §2; am L 1999, c 108, §1; am L 2002, c 176, §12]
Haw. Rev. Stat. § 342L-12.5 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-12.5
Intervention.
Status: in_force

Any person may intervene in any civil action to enforce this chapter if the person has an interest that is, or may be, adversely affected.
Haw. Rev. Stat. § 334-122 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-122
Definitions.
Status: in_force

For the purposes of this part:

"Assisted community treatment" includes medication specifically authorized by court order; individual or group therapy; day or partial day programming activities; services and training, including educational and vocational activities; supervision of living arrangements; and any other services prescribed to either alleviate the subject of the order's disorder or disability, maintain or maximize semi-independent functioning, or prevent further deterioration that may reasonably be predicted to result in the need for hospitalization or more intensive or restrictive levels of care in the community or incarceration for criminal behavior.

"Assisted community treatment provider" means a mental health provider, which may include a qualified psychiatric examiner or a mental health program, that is or will be responsible, in accordance with an assisted community treatment order, for the coordination, management, or administration of a subject of the order's treatment.

"Designated mental health program" includes a state-operated or private provider who is authorized to provide mental health services, including but not limited to inpatient treatment, outpatient treatment, case management, day treatment, or crisis services.

"Interested party" means a parent, grandparent, spouse, sibling, adult child, reciprocal beneficiary, service provider, case manager, outreach worker, or mental health professional.

"Mental health program" means a hospital, psychiatric facility, clinic, or other facility providing mental health treatment to individuals suffering from mental illness or substance abuse.

"Subject of the order" means an individual who has been ordered by the court to obtain assisted community treatment.

"Subject of the petition" means the individual who, under a petition filed under section 334-123, is alleged to meet the criteria for assisted community treatment. [L 1984, c 251, pt of §1; am L 2013, c 221, §§8, 24; am L 2016, c 114, §6; am L 2017, c 88, §3; am L 2025, c 219, §14]
Haw. Rev. Stat. § 324-34 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-34
Penalty.
Status: in_force

Any person violating this part shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 323D-12.6 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-12.6
State health planning and development special fund; created; deposits; expenditures; fees.
Status: in_force

(a) There is established within the state treasury, to be administered by the state health planning and development agency, the state health planning and development special fund into which shall be deposited all moneys collected under chapter 323D.

(b) Moneys in the special fund shall be expended by the state health planning and development agency to assist in offsetting program expenses of the agency.

(c) The agency shall adopt rules in accordance with chapter 91 to establish reasonable fees for the purposes of this chapter. [L 1999, c 120, §2]
Haw. Rev. Stat. § 329-52 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-52
Administrative inspections.
Status: in_force

(a) The administrator or any of the administrator's agents may make administrative inspections of controlled premises upon presenting appropriate credentials to the registrant or persons subject to parts III, IV, VIII, and IX of this chapter or their agents in accordance with the following provisions:

(1) Inspections shall be at reasonable times and within reasonable limits and in a reasonable manner of controlled premises and vehicles in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, dispense, deliver, or otherwise dispose of any controlled substance or regulated chemical designated under section 329-61 and all pertinent equipment, finished and unfinished materials, containers, and labeling therein to determine if this chapter is being violated;

(2) The administrator or any of the administrator's agents shall have access to and may copy any and all records, books, logs, or documents pertaining to the administering, prescribing, dispensing, or sale of controlled substances or regulated chemicals designated under this chapter without a warrant; and

(3) The administrator or any of the administrator's agents may inventory any stock of any controlled substance or regulated chemical designated under section 329-61 and secure samples or specimens of any drug, device, or chemical not seized as evidence by paying or offering to pay for the sample. The administrator shall make or cause to be made examinations of samples secured under this section to determine whether or not this chapter is being violated.

(b) An inspection of records authorized by this section shall not extend to financial data relating to pricing of items other than shipment and sale amounts, unless the owner, operator, or agent in charge of the controlled premises consents in writing.

(c) For purposes of this section, "controlled premises" means:

(1) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and

(2) Places, including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, dispense, deliver, conduct chemical analysis, or otherwise dispose of any controlled substance or regulated chemical designated under section 329-61. [L 1972, c 10, pt of §1; gen ch 1985; am L 1990, c 281, §10; am L 2009, c 117, §7; am L 2016, c 218, §13]
Haw. Rev. Stat. § 340F-11 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-11
Powers and duties of the board.
Status: in_force

To carry out the provisions and purposes of this chapter, the board shall:

(1) Perform any and all acts and adopt, amend, or repeal such rules and regulations as it finds necessary or appropriate;

(2) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as deemed appropriate with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals;

(3) Receive financial and technical assistance from the federal government and other public or private agencies;

(4) Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;

(5) Furnish upon request to federal, state or interstate agencies, municipalities, educational institutions and other organizations and individuals, reports, information and materials relating to the certification program authorized by this chapter;

(6) Revoke, suspend, or refuse to renew any certificate of any individual following a hearing before the board of the individual or the individual's designated representative, when it is determined that the individual has practiced fraud or deception; that reasonable care, judgment, or the application of the individual's knowledge or ability was not used in the performance of the individual's duties; or that the individual is incompetent or unable to properly perform the individual's duties; provided that the board gives the person concerned notice and hearing in conformity with chapter 91;

(7) Delegate those duties and responsibilities the board may deem appropriate for the purpose of administering requirements of this chapter;

(8) Establish and collect such fees for application, conduct examinations, issue or renew certificates as are necessary for the support of this chapter, and deposit all fees collected into the State's general fund; and

(9) Oversee the development and implementation of a continuous training program if that is necessary to carry out this chapter. [L 1991, c 273, pt of §1]
Haw. Rev. Stat. § 327E-3 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-3
Advance health-care directives.
Status: in_force

(a) An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises.

(b) An adult or emancipated minor may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity. The power remains in effect notwithstanding the principal's later incapacity and may include individual instructions. Unless related to the principal by blood, marriage, or adoption, an agent may not be an owner, operator, or employee of the health-care institution at which the principal is receiving care. The power shall be in writing, contain the date of its execution, be signed by the principal, and be witnessed by one of the following methods:

(1) Signed by at least two individuals, each of whom witnessed either the signing of the instrument by the principal or the principal's acknowledgment of the signature of the instrument; or

(2) Acknowledged before a notary public at any place within this State.

(c) A witness for a power of attorney for health care shall not be:

(1) A health-care provider;

(2) An employee of a health-care provider or facility; or

(3) The agent.

(d) At least one of the individuals used as a witness for a power of attorney for health care shall be someone who is neither:

(1) Related to the principal by blood, marriage, or adoption; nor

(2) Entitled to any portion of the estate of the principal upon the principal's death under any will or codicil thereto of the principal existing at the time of execution of the power of attorney for health care or by operation of law then existing.

(e) Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity.

(f) Unless otherwise specified in a written advance health-care directive, a determination that an individual lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, shall be made by the primary physician.

(g) An agent shall make a health-care decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent's determination of the principal's best interest. In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.

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

(i) A written advance health-care directive may include the individual's nomination of a guardian.

(j) An advance health-care directive shall be valid for purposes of this chapter if it complies with this chapter, or if it was executed in compliance with the laws of the state where it was executed. [L 1999, c 169, pt of §1; am L 2004, c 161, §36]
Haw. Rev. Stat. § 321-30.4 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-30.4
[ §321-30.
Status: in_force

[ §321-30.4] Cosmetics; animal testing; prohibition. (a) Notwithstanding any other law to the contrary, and except as otherwise provided in this section, it shall be unlawful for a manufacturer to import for profit, sell, or offer for sale in the State any cosmetic for which the manufacturer knew or reasonably should have known that an animal test was conducted or contracted, by or on behalf of the manufacturer or any supplier of the manufacturer, on or after January 1, 2022, in a cruel manner, as identified in section 711-1108.5(1)(a).

(b) A violation of this section shall be punishable by a fine of $5,000 and an additional $1,000 for each day the violation continues.

(c) A violation of this section may be enforced by the prosecuting attorney of the county in which the violation occurred. The fine shall be paid to the county in which the violation occurred.

(d) A prosecuting attorney may, upon a determination that there is a reasonable likelihood that a violation has occurred under this section, require a cosmetic manufacturer to disclose for the prosecuting attorney's review the testing data upon which the cosmetic manufacturer has relied in the development or manufacturing of the relevant cosmetic product sold in the State.

(e) To the extent testing data disclosed under this section may be withheld from public disclosure as confidential business information or otherwise under section 92F-13, it shall be treated as confidential and shall not be disclosed except to the extent necessary for enforcement of this section. A prosecuting attorney shall take other appropriate measures necessary to preserve the confidentiality of the information produced pursuant to this section.

(f) Counties or other political subdivisions of the State shall not establish any prohibition on or relating to animal tests as defined in this section that are not identical to the prohibitions set forth in this section and that do not include the exemptions contained in this section.

(g) This section shall not apply to:

(1) An animal test of a cosmetic that is required by a federal or state regulatory authority if all of the following apply:

(A) The cosmetic or an ingredient in the cosmetic that is being tested is in wide use and cannot be replaced by another cosmetic or ingredient capable of performing a similar function;

(B) A specific human health problem relating to the cosmetic or ingredient is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation of the cosmetic or ingredient; and

(C) There is no non-animal testing method accepted for the relevant purpose by the applicable federal or state regulatory authority;

(2) An animal test that was conducted to comply with a requirement of a foreign regulatory authority, if no evidence derived from that test was relied upon to substantiate the safety of a cosmetic sold within the State by the manufacturer;

(3) An animal test that was conducted on any product or ingredient subject to the requirements of subchapter V of the Federal Food, Drug, and Cosmetic Act (21 United States Code 351 et seq.), as amended;

(4) Except as otherwise provided in this subsection, an animal test that was conducted for purposes unrelated to cosmetics pursuant to a requirement of a federal, state, or foreign regulatory agency; provided that no evidence derived from the testing was relied upon to substantiate the safety of a cosmetic sold within this State by the manufacturer; provided further that if evidence from such testing was relied upon for that purpose, the prohibition in paragraph (1) does not apply if:

(A) Documentary evidence exists of the intent of the test that was unrelated to cosmetics; and

(B) The ingredient that was the subject of the testing has been used for purposes unrelated to cosmetics for not less than twelve months prior to the reliance;

(5) A cosmetic if the cosmetic in its final form was tested on animals before January 1, 2022, even if the cosmetic is manufactured on or after that date;

(6) An ingredient in a cosmetic if the ingredient was sold in this State and tested on animals before January 1, 2022, even if the ingredient is manufactured on or after that date; or

(7) A manufacturer reviewing, assessing, or retaining evidence from animal testing as defined in this section.

(h) As used in this section:

"Animal test" means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate.

"Cosmetic" means any article intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including personal hygiene products such as deodorant, shampoo, or conditioner.

"Ingredient" means any component of a cosmetic as defined by title 21 Code of Federal Regulations section 700.3, as amended.

"Manufacturer" means any person whose name appears on the label of a cosmetic product pursuant to the requirements of title 21 Code of Federal Regulations section 701.12, as amended.

"Supplier" means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturer's cosmetic. [L 2021, c 160, §2]
Haw. Rev. Stat. § 323D-15 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-15
State health services and facilities plan.
Status: in_force

There shall be a state health services and facilities plan which shall address the health care needs of the State, including inpatient care, health care facilities, and special needs. The plan shall depict the most economical and efficient system of care commensurate with adequate quality of care, and shall include standards for utilization of health care facilities and major medical equipment. The plan shall provide for the reduction or elimination of underutilized, redundant, or inappropriate health care facilities and health care services.
Haw. Rev. Stat. § 342I-26 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-26
Registration and recordkeeping requirements.
Status: in_force

(a) All facilities that accept used tires, including but not limited to tire retailers, wholesalers, transporters, collectors, and recyclers, shall maintain, for a minimum of three years, records that provide, at least, the following information:

(1) The name, phone number, and address of the person, company, business, source, or entity from whom the used tires were received, if receiving used tires from entities other than the general public, such as tire retailers, wholesalers, transporters, collectors, and recyclers;

(2) The date of receipt of the used tires;

(3) The quantity of used tires received; and

(4) The record of shipment indicating the:

(A) Ultimate destination of the used tires;

(B) Identification of the transporter;

(C) Date of shipment; and

(D) Quantity of tires shipped.

Permitted municipal solid waste disposal facilities, including incineration facilities that receive used tires incidental to the disposal of municipal solid waste, shall be exempt from the recordkeeping requirements of this section.

(b) A summary of the information maintained under subsection (a) shall be submitted to the department by July 31 of each year, listing the total quantity of used tires collected and the ultimate disposition of the used tires.

(c) By September 1, 2000, all importers operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any change in address. After September 1, 2000, any person who desires to conduct business in this State as an importer shall register with the department no later than one month prior to the commencement of the business.

(d) All importers shall maintain records reflecting the importation of tires. The records shall be made available, upon request, for inspection by the department. [L 2000, c 173, pt of §1]
Haw. Rev. Stat. § 321-63 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-63
Director's specific duties and powers.
Status: in_force

To carry out the purposes of this part the director of health shall:

(1) Take such action as may be necessary, and authorized by law, to meet conditions prescribed for participation in all related federal dental health programs and the regulations adopted thereunder; determine qualifications of personnel requiring professional training and licenses and correlate the programs of the department with the profession and related agencies for the proper and efficient functioning of the department;

(2) Enter into cooperative arrangements with other departments, agencies, and institutions, public or private;

(3) Submit plans relating to dental health to the United States Public Health Service and make application for such federal funds as will assist in carrying out the purposes of this part;

(4) Accept on behalf of the State and deposit with the director of finance any grant, gift, or contribution from the federal government or other source made to assist in meeting the cost of carrying out the purposes of this part and expend the same for such purposes;

(5) Make an annual report on activities and expenditures pursuant to this part, including recommendations for additional plans, measures, or legislation relating to the purposes of this part. [L 1949, c 208, §6; RL 1955, §46-54; am L Sp 1959 2d, c 1, §§14, 19; am L 1963, c 114, §1; HRS §321-63]
Haw. Rev. Stat. § 339D-8 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-8
Enforcement.
Status: in_force

(a) The department may conduct audits and inspections to determine compliance under this chapter. Except as provided in subsection (c), the department and the attorney general shall be empowered to enforce this chapter and take necessary action against any manufacturer or retailer for failure to comply with this chapter or rules adopted thereunder.

(b) The attorney general may file suit in the name of the State to enjoin an activity related to the sale of electronic devices in violation of this chapter.

(c) The department shall issue a warning notice to a person for the person's first violation of this chapter. The person shall comply with this chapter within sixty days of the date the warning notice was issued or be subject to the penalties provided by law or rule, including but not limited to penalties set forth in subsections (d) through (g). A retailer that receives a warning notice from the department for a violation of section 339D-24(a) shall submit proof to the department, within sixty days from the date the warning notice was issued, that its inventory of electronic devices offered for sale is in compliance with this chapter.

(d) Any retailer who sells or offers for sale an unlabeled electronic device in violation of section 339D-24, or any manufacturer that fails to comply with any provision of section 339D-23 may be assessed a penalty of up to $10,000 for the first violation and up to $25,000 for the second and each subsequent violation, in addition to any additional penalties required or imposed pursuant to this chapter.

(e) Except as provided in subsection (d), any person who violates any requirement of this chapter may be assessed a penalty of up to $1,000 for the first violation and up to $2,000 for the second and each subsequent violation, in addition to any additional penalties required or imposed pursuant to this chapter.

(f) The department may determine additional penalties based on adverse impact to the environment, unfair competitive advantage, and other considerations that the department deems appropriate.

(g) If a manufacturer fails to meet its recycling goals pursuant to section 339D-23.1(c), the department shall impose a penalty of $1.50 per pound for each pound not recycled. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §12; am L 2022, c 151, §5; am L 2025, c 162, §2]
Haw. Rev. Stat. § 329D-8 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-8
Laboratory standards and testing; laboratory certification.
Status: in_force

(a) The department shall establish and enforce standards for laboratory-based testing of cannabis and manufactured cannabis products for content, contamination, and consistency; provided that in establishing these standards, the department shall:

(1) Review and take guidance from the testing programs and standards utilized in other jurisdictions;

(2) Consider the impact of the standards on the retail cost of the product to the qualifying patient;

(3) Review and take guidance from the testing programs and standards for pesticides under the regulations of the United States Environmental Protection Agency;

(4) Consider processes that may allow cannabis or manufactured cannabis products that fail testing standards to be remediated;

(5) For the testing for microbiological impurities, consider the benefits of organically grown cannabis that features the use of bacteria in lieu of pesticides; and

(6) Include permission for qualifying patients and primary caregivers to obtain testing services directly from certified laboratories on the island where the qualifying patient and primary caregiver reside.

(b) The department may certify laboratories that can test cannabis and manufactured cannabis products prior to the sale of cannabis and manufactured cannabis products.

(c) If a dispensary licensee obtains a laboratory result indicating that a sample of a batch of its cannabis or manufactured cannabis products does not meet the department's standards for patient safety, the dispensary licensee, at its own expense, may have the same sample or a different sample from the same batch retested by the same laboratory or a different laboratory. If a retest at a different laboratory yields a different result, the department shall determine which result controls whether the batch may be approved for sale or whether further testing shall be required. [L 2015, c 241, pt of §2; am L 2017, c 41, §8 and c 170, §2; am L 2018, c 116, §16; am L 2020, c 38, §3]
Haw. Rev. Stat. § 321-473 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-473
Access to information.
Status: in_force

(a) Upon request of the director or a domestic violence fatality review team, all medical examiners, physicians acting under the direction of a coroner, providers of medical care, state agencies, and county agencies shall disclose to the department and the domestic violence fatality review team all information and records regarding the circumstances of a victim's death so that the department may conduct a multidisciplinary and multiagency review of domestic violence fatalities pursuant to this part.

(b) Members of the domestic violence fatality review team shall develop procedures related to near-deaths resulting from intimate partner violence.

(c) The department may enter into memoranda of understanding with the relevant state agencies and branches of government and county agencies to obtain information relating to near-deaths resulting from intimate partner violence.

(d) To the extent that this section conflicts with other state confidentiality laws, the provisions of this section shall require disclosure, notwithstanding the existence of a specific confidentiality statute.

(e) An entity represented on a domestic violence fatality review team and any entity cooperating with an entity represented on a domestic violence fatality review team may share with other members of the team:

(1) Information in its possession concerning the victim;

(2) Information in its possession concerning any person who was in contact with the victim; and

(3) Any other information in its possession deemed by the entity to be pertinent to the domestic violence fatality review.

(f) Any information shared by an entity with other members of a domestic violence fatality review team is subject to the same restrictions on disclosure of the information or the records as the originating entity.

(g) To the extent possible, the review conducted pursuant to section 321-472 shall commence no later than one year following the death, near-death, or suicide. [L 2006, c 82, pt of §1; am L 2015, c 203, §2]
Haw. Rev. Stat. § 325-94 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-94
Awareness and education.
Status: in_force

The department shall develop and implement throughout the State an educational program for the purpose of informing the community how to identify and prevent hepatitis and aid in its early diagnosis. In furtherance of the hepatitis prevention program, the department may assist and cooperate with any or all territorial, state, and national organizations conducting educational programs for the prevention and control of hepatitis.
Haw. Rev. Stat. § 342B-19 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-19
Unpermitted releases; timely notice.
Status: in_force

The department shall review the reports submitted by every owner or operator of a geothermal facility, or major source within Campbell Industrial Park or Kahe Valley, of their unpermitted releases to determine whether the release may have an adverse impact on human health. The department shall notify the neighborhood boards or community associations, or both, of the adjacent communities of unpermitted releases which may have an adverse impact on human health as soon as circumstances warrant.
Haw. Rev. Stat. § 328-17.5 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-17.5
Principal labeler responsibility under recall of drug.
Status: in_force

Whenever the manufacturer of a drug voluntarily recalls the drug or the Federal Food and Drug Administration or a court orders the recall of a drug, the principal labeler of the drug shall remove the drug from all pharmacies, prescriber offices, medical oxygen distributors, distributors of non-prescription drugs, and health care facilities.
Haw. Rev. Stat. § 321-6.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-6.5
[ §321-6.
Status: in_force

[ §321-6.5] Clinical laboratory test results . (a) Clinical laboratory test results may be provided to authorized persons for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and federal regulations promulgated thereunder.

(b) For purposes of this section, "authorized persons" shall include:

(1) The provider ordering the test, or the provider's designee; and

(2) Any covered entity as defined under 45 Code of Federal Regulations section 160.103 promulgated under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. [L 2010, c 72, §1]
Haw. Rev. Stat. § 340F-9 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-9
Injunctions and civil penalty.
Status: in_force

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

(1) Be enjoined from continuing such violation; and

(2) Be subject to a civil penalty of not more than $25,000 a day for each day of continuing violation. [L 1991, c 273, pt of §1]
Haw. Rev. Stat. § 338-17.7 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-17.7
Establishment of new certificates of birth, when.
Status: in_force

(a) The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred to below as the "birth registrant":

(1) Upon receipt of an affidavit of paternity, a court order establishing paternity, or a certificate of marriage establishing the marriage of the natural parents to each other, together with a request from the birth registrant, or the birth registrant's parent or other person having legal custody of the birth registrant, that a new birth certificate be prepared because previously recorded information has been altered pursuant to law;

(2) Upon receipt of a certified copy of a final order, judgment, or decree of a court of competent jurisdiction that determined the nonexistence of a parent and child relationship between a person identified as a parent on the birth certificate on file and the birth registrant;

(3) Upon receipt of a certified copy of a final adoption decree, or of an abstract of the decree, pursuant to sections 338-20 and 578-14;

(4) Upon receipt of an affidavit from a United States licensed physician or physician assistant attesting that:

(A) The physician or physician assistant has a bona fide provider-patient relationship with the birth registrant;

(B) The physician or physician assistant has treated and evaluated the birth registrant and has reviewed and evaluated the birth registrant's medical history;

(C) The birth registrant has had appropriate clinical treatment for gender transition to the new gender and has completed the transition to the new gender; and

(D) The new gender does not align with the sex designation on the birth registrant's birth certificate; or

(5) Upon request of a law enforcement agency certifying that a new birth certificate showing different information would provide for the safety of the birth registrant; provided that the new birth certificate shall contain information requested by the law enforcement agency, shall be assigned a new number and filed accordingly, and shall not substitute for the birth registrant's original birth certificate, which shall remain in place.

(b) When a new certificate of birth is established under this section, it shall be substituted for the original certificate of birth. The new certificate shall not be marked as amended and shall in no way reveal the original language changed by any amendment. Thereafter, the original certificate and the evidence supporting the preparation of the new certificate shall be sealed and filed. The sealed documents shall be opened only by an order of a court of record or, for those documents amended pursuant to subsection (a)(4), by request of the birth registrant.

(c) If a new certificate of birth is established under subsection (a)(4), it shall reflect, or shall be reissued to reflect, any legal name change made before, simultaneously, or after the change in sex designation; provided appropriate documentation of the name change is submitted.

(d) If a new certificate of birth is established under subsection (a)(4), the department shall not require any additional medical information or records other than those required by subsection (a)(4). [L 1973, c 39, §1; am L 1975, c 66, §2(3); am L 1979, c 130, §1 and c 203, §1; am L 1982, c 4, §1; am L 1983, c 65, §1; am L 1984, c 167, §1; am L 1993, c 131, §2; am L 2015, c 226, §1; am L 2022, c 293, §8]
Haw. Rev. Stat. § 324-43 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-43
Use of collected information.
Status: in_force

(a) The information collected under this part shall be used by the department of health or researchers only for the purpose of advancing medical and public health research, medical education, or education of the public and health care providers in the interest of reducing morbidity or mortality or increasing physicians' knowledge of resources available for families of persons with birth defects, and only as approved or exempted by an institutional review board.

(b) The identity of, or any information which alone or in combination with other reasonably available information that may be used to identify, any person whose condition or treatment has been studied under this part shall be confidential.

(c) If the birth defects program or researchers intend to collect additional information directly from a patient or patient's relative for research studies approved by an institutional review board, the researcher shall first obtain approval for the request from the patient's primary care provider. If the patient's current physician is not known, the patient may be contacted directly using a method approved by an institutional review board. The use of the additional information obtained by researchers shall be governed by subsection (a). [L 2002, c 252, pt of §2; am L 2016, c 20, §1]
Haw. Rev. Stat. § 328J-7 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-7
Exceptions.
Status: in_force

Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 328J-3, 328J-4, and 328J-5:

(1) Private residences, except when used as a licensed child care, adult day care, or health care facility;

(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty per cent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited under this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;

(3) Retail tobacco stores; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;

(4) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;

(5) Outdoor areas of places of employment except those covered by the provisions of sections 328J-3 and 328J-5;

(6) All areas covered by this chapter when smoking is part of a production being filmed; and

(7) State correctional facilities; provided that smoking shall only be authorized for employees and volunteers of a correctional facility in an area outside the secure confines of a correctional facility restricted from access by inmates or detainees that has been designated by the warden of a correctional facility. [L 2006, c 295, pt of §2; am L 2009, c 99, §1]
Haw. Rev. Stat. § 342J-17 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-17
Other action not barred.
Status: in_force

No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter.
Haw. Rev. Stat. § 328-29 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-29
Penalty; exceptions.
Status: in_force

(a) Any person who violates section 328-6 shall be fined not more than $500, or imprisoned not more than one year, or both.

(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated section 328-6(1) or (3) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the State from whom he received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this part, designating this part.

(c) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused on the request of the department of health to furnish the department the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the State who caused him to disseminate such advertisement. [L 1941, c 318, §25; RL 1945, §2231; am L 1953, c 110, §1; RL 1955, §51-30; am L Sp 1959 2d, c 1, §19; HRS §328-29]
Haw. Rev. Stat. § 342I-29 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-29
Deposit into environmental management special fund.
Status: in_force

The surcharge collected pursuant to this part shall be deposited into a special account in the environmental management special fund established by section 342G-63. All interest earned or accrued on moneys deposited in the fund pursuant to this section shall become part of the account. Moneys from this special account may be used by the department to:

(1) Support permitting, monitoring, and enforcement activities, including personnel costs regarding used tire management, collection, recycling, and disposal facilities;

(2) Promote improved market development and reuse opportunities for recovered motor vehicle tires;

(3) Promote tire recovery, recycling, and reuse in the State through education, research, and demonstration projects;

(4) Implement the surcharge program under this part;

(5) Support programs to prevent illegal dumping; and

(6) Clean up improper tire disposal sites including conducting related environmental assessments and remediation. [L 2000, c 173, pt of §1]
Haw. Rev. Stat. § 329-56 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-56
Burden of proof; liabilities.
Status: in_force

(a) It is not necessary for the State to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.

(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.

(c) No liability is imposed by this chapter upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties. [L 1972, c 10, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 334-84 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-84
Order.
Status: in_force

If it is determined that the admission of the patient is regular and that the patient needs continued hospitalization, the court shall issue an order authorizing the detention of the patient at the facility. If it is determined that the admission of the patient is not regular or that the patient does not need continued hospitalization, the court shall issue an order requiring the immediate discharge of the patient from the facility. Notice of the detention or discharge shall be provided to those persons entitled to notice pursuant to section 334-60.4.
Haw. Rev. Stat. § 329-53 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-53
Injunctions.
Status: in_force

(a) The circuit courts of this State may exercise jurisdiction to restrain or enjoin violations of this chapter.

(b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. [L 1972, c 10, pt of §1]
Haw. Rev. Stat. § 324-13 — HI Code / Division 1 / Title 19 / Chapter 324 / Section 324-13
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 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 chambers inspect the committee's findings, conclusions, or summaries and make available factual information contained therein.
Haw. Rev. Stat. § 323B-4 — HI Code / Division 1 / Title 19 / Chapter 323B / Section 323B-4
Relationship to other laws.
Status: in_force

Nothing in this chapter shall be construed to:

(1) Authorize the disclosure of individually identifiable health information to the extent that disclosure is restricted by federal law or regulations, including federal regulations about the confidentiality of information about drugs and alcohol, as set forth in 42 Code of Federal Regulations part 2;

(2) Compel the disclosure of individually identifiable health information that is not required by law to be disclosed;

(3) Require a written authorization for release of individually identifiable health information or de-identified information to the extent that the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations, as may be amended, does not require such authorization;

(4) Limit or otherwise affect any state law that:

(A) Requires persons or entities to report disease, injury, child abuse, elder abuse, domestic violence, birth, or death; or

(B) Governs public health surveillance, investigation, or intervention;

(5) Limit or otherwise affect health plan reporting, including reporting required for purposes of state management or financial audits; or

(6) Limit or otherwise affect any evidentiary privilege, limitation on discovery, or confidentiality protection provided by any state law, decision, or order in relation to individually identifiable health information sought, used, or produced in any judicial or administrative proceeding. [L 2012, c 315, pt of §2]
Haw. Rev. Stat. § 325-73 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-73
Protection of record; penalty.
Status: in_force

The department of health shall cause all reports made in accordance with the provisions of section 325-71, and also all results of examinations showing the presence of the bacilli of tuberculosis, made in accordance with section 325-72, to be recorded in a register. The register shall remain in the care, custody, and control of the department. The department may disclose the contents of any such report or record to relatives or officials of social and welfare organizations in the State. The information disclosed to such officials shall not be divulged by them so as to disclose the identity of any person to whom it relates.

Any person who violates this section shall be fined not more than $1,000. [L 1911, c 118, §9; RL 1925, §946; am L 1929, c 202, §1; RL 1935, §1106; RL 1945, §2324; RL 1955, §49-62; am L Sp 1959 2d, c 1, §19; HRS §325-73]
Haw. Rev. Stat. § 323D-18.5 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-18.5
Access to health and dental insurance data; mandatory reporting for certain insurers; uses; confidentiality.
Status: in_force

(a) Providers of health insurance doing business in the State and who are not subject to subsection (b) may submit to the state agency or its designee, upon request of the state agency, administrative data that the state agency deems necessary to perform its functions.

(b) Providers of health insurance subject to this subsection shall submit administrative data as follows:

(1) Beginning November 1, 2016, providers of health insurance that provide health benefits plans funded by the Hawaii employer-union health benefits trust fund, the state medicaid agency, or both, shall provide to the state agency, or its designee, administrative data required by the state agency to determine health benefits costs, including health care services claims and payment data regarding beneficiaries of health benefits plans funded by the Hawaii employer-union health benefits trust fund, the state medicaid agency, or both; and

(2) Beginning July 1, 2019, providers of health insurance that provide medicare advantage (medicare part C) health benefits plans to residents of the State shall provide to the state agency, or its designee, administrative data required by the state agency, using the same standard format as required by the Centers for Medicare and Medicaid Services to determine health benefits costs, including health care services claims and payment data.

(c) The state agency shall submit data collected pursuant to this section to the college of social sciences, social sciences research institute, Pacific health informatics and data center at the University of Hawaii for processing, assignment of encrypted identifiers, and any other task deemed necessary by the state agency. After July 1, 2018, the state agency may designate another data center to which to submit the data obtained pursuant to this section; provided that the data center is established under and meets the conflict of interest requirements of 42 United States Code section 300gg-94. The state agency may contract with entities for the analysis of data collected under this section and processed by a data center pursuant to this subsection to benefit medicaid and medicare recipients, public employees, and public sector retirees and for other public purposes.

(d) The state agency shall develop and update an annual plan for the analysis, maintenance, and publication of data collected pursuant to this section. The state agency shall seek approval for the annual plan from the director of health, administrator of the MedQuest division of the department of human services, and the chief information officer of the State.

(e) The state agency shall adopt rules, pursuant to chapter 91, for the schedule and frequency with which providers of health insurance shall provide administrative data to the state agency. Administrative rules shall also include provisions relating to data governance, data submission, use and sharing, information security, privacy protection, reporting, and any other matter necessary for the state agency to perform its functions under this section. In adopting administrative rules, the state agency shall consider the measures necessary to implement data submission requirements by providers of health insurance subject to this section, using methods that are reasonable and cost-effective for data submitters.

(f) The state agency or its designee shall not disclose any individual patient's personal health information in violation of state or federal law.

(g) To minimize any risk of data breaches and re-identification of data, the data and information submitted to the state agency shall include only the minimum protected health information identifiers necessary to link public and private data sources and the geographic and services data to undertake studies.

(h) The state agency or its designee, and any recipient of data collected pursuant to this section, shall maintain the original protected health information identifier in a separate database that is not linked with any other data and shall use a proxy or encrypted record identifier for data analysis.

(i) Under no circumstances shall a person attempt to re-identify subjects of protected health information from the data submitted to the state agency or its designee. No person may disclose data that contains direct personal identifiers, including but not limited to name, mailing address, e-mail, telephone number, date of birth, or social security number.

(j) The state agency or its designee may acquire federal medicare data sets specific to Hawaii and made available to states. Any public agency that possesses medicare data sets specific to Hawaii shall share the data with the state agency or its designee at no additional cost to the state agency or its designee.

(k) No later than twenty days prior to the convening of each regular session, the state agency shall submit an annual report to the legislature on the submission, maintenance, and use of data submitted to the state agency pursuant to this section.

(l) For the purposes of this section:

"Administrative data" means:

(1) Statistical and financial reports of information;

(2) Patient invoices or similar patient encounter data;

(3) Records of services used for or resulting from administering delivery of health care, pharmacy benefits, or dental care, including records of services provided under health benefits plans as defined in section 87A-1; and

(4) Any other records as established pursuant to administrative rules adopted pursuant to chapter 91.

"Provider of health insurance" means a group health insurance contract or service agreement that may include medical, hospital, surgical, prescription drug, vision, or dental services, in which a carrier agrees to provide, pay for, arrange for, or reimburse the cost of the services, including third party administrators. [L 1987, c 270, pt of §1; am L 2016, c 139, §2 ; am L 2019, c 88, §2]
Haw. Rev. Stat. § 327E-4 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-4
Revocation of advance health-care directive.
Status: in_force

(a) An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider.

(b) An individual may revoke all or part of an advance health-care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.

(c) A health-care provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health-care provider and to any health-care institution at which the patient is receiving care.

(d) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care.

(e) An advance health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive to the extent of the conflict. [L 1999, c 169, pt of §1]
Haw. Rev. Stat. § 328-120 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-120
Recordkeeping.
Status: in_force

(a) Wholesale distributors shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of prescription drugs. These records shall include the following information:

(1) The source of the drugs, including the name and principal address of the seller or transferor, and the address of the location from which the drugs were shipped;

(2) The identity and quantity of the drugs received and distributed or disposed of; and

(3) The dates of receipt and distribution or other disposition of the drugs.

(b) Inventories and records shall be made available for inspection and photocopying by the department or any authorized federal, state, or local law enforcement officials for a period of five years following disposition of the drugs.

(c) Records described in this section that are kept at the inspection site or that can be retrieved immediately by computer or other electronic means shall be readily available for authorized inspection during the retention period. Records kept at a central location apart from the inspection site and not electronically retrievable shall be made available for inspection within two working days of a request by the department or any authorized official of a federal, state, or local law enforcement agency. [L 1992, c 196, pt of §2]
Haw. Rev. Stat. § 323F-25 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-25
Regional system board; community hospitals; community health centers; collaboration.
Status: in_force

Each regional system board and each community hospital under the jurisdiction of the corporation shall collaborate with community health centers within their respective geographic jurisdictions to maximize funding from the state and federal governments to:

(1) Maximize reimbursement for health care services provided;

(2) Acquire funds for capital investment;

(3) Provide expanded hours of service; and

(4) Ensure the provision of the appropriate level of care to the community served by each community health center. [L 2009, c 182, pt of §8]
Haw. Rev. Stat. § 328L-2 — HI Code / Division 1 / Title 19 / Chapter 328L / Section 328L-2
Hawaii tobacco settlement special fund.
Status: in_force

(a) There is established in the state treasury the Hawaii tobacco settlement special fund into which shall be deposited:

(1) All tobacco settlement moneys; and

(2) All interest and earnings accruing from the investment of moneys in the fund;

provided that of all tobacco settlement moneys received by the State each fiscal year, the sum representing the first $750,000 of those moneys shall first be deposited in the state treasury in each fiscal year to the credit of the tobacco enforcement special fund. The Hawaii tobacco settlement special fund shall be administered by the department.

(b) The fund shall be used for the purpose of receiving, allocating, and appropriating the tobacco settlement moneys as follows:

(1) Fifteen per cent shall be appropriated into the emergency and budget reserve fund under section 328L-3;

(2) Twelve and one-half per cent shall be appropriated into the Hawaii tobacco prevention and control trust fund under section 328L-5;

(3) Twenty-six per cent shall be appropriated into the university revenue-undertakings fund created in section 304A-2167.5, to be applied to the payment of the principal of and interest on, and to generate required coverage, if any, for, revenue bonds issued by the board of regents of the University of Hawaii to finance the cost of construction of a university health and wellness center, including a new medical school facility, to be situated on the island of Oahu; and

(4) Any remaining amounts shall be deposited to the credit of the state general fund;

in the succeeding fiscal year. [L 1999, c 304, pt of §2; am L 2001, c 270, §11; am L Sp 2001 3d, c 14, §2; am L 2003, c 177, §6 and c 178, §57; am L 2006, c 75, §11; am L 2007, c 264, §§1, 4; am L 2008, c 16, §22; am L 2009, c 119, §§2, 6; am L 2010, c 138, §2; am L 2011, c 124, §59; am L 2012, c 2, §§2, 6; am L 2015, c 118, §2; am L 2024, c 59, §3]
Haw. Rev. Stat. § 325-125 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-125
Registry record requirements; duration of retention.
Status: in_force

(a) The establishment of an individual ' s record in the registry shall not require the prior consent of a patient or the consent of a patient's parent or legal guardian in the case of a minor or dependent.

(b) The department of health shall make available to the patient or the patient ' s parent or legal guardian in the case of a minor or dependent, via the patient ' s health care provider or birthing hospital, a written description of the purpose and benefits of the registry as well as the procedure for refusing inclusion in the registry.

(c) A patient's, or in the case of a minor, the minor's parent's or legal guardian's, choice to refuse inclusion in the registry shall be documented in writing on a form or in a format approved by the department of health.

(d) Each health care provider or birthing hospital shall maintain the records of refusal of inclusion and shall report any refusal to the department of health in a manner specified by rule.

(e) When a patient, or in the case of a minor, the minor's parent or legal guardian, chooses to refuse inclusion in the registry, minimal demographic information, including the patient's name and date of birth, shall be maintained within the registry system to identify the patient as having elected to refuse inclusion in the registry. If the patient has an existing record in the registry at the time that the refusal documentation is submitted, all other patient demographic and immunization information shall be removed from the registry.

(f) All registry authorized users shall make available for inspection by the department of health all medical records relating to patient demographic and immunization information recorded in the registry or documentation of the patient's, or in the case of a minor, the minor's parent's or legal guardian's refusal of inclusion in the registry for the purposes of performing registry-related quality improvement or quality assessment activities.

(g) Registry information for any individual included within the registry shall be retained as a part of the registry for twenty-five years after the last entry, except in the case of minors, whose records shall be retained during the period of minority plus twenty-five years after the minor reaches the age of majority. At the conclusion of the retention period, the data stored in the registry for that individual shall be archived. [L 2010, c 113, pt of §1; am L 2012, c 275, §4]
Haw. Rev. Stat. § 321-381 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-381
Biennial renewal; failure to renew.
Status: in_force

The biennial renewal fee shall be paid to the department of health on or before December 31 of each even-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee on or before such date shall constitute a forfeiture of the license.
Haw. Rev. Stat. § 327E-7 — HI Code / Division 1 / Title 19 / Chapter 327E / Section 327E-7
Obligations of health-care provider.
Status: in_force

(a) Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision.

(b) A supervising health-care provider who knows of the existence of an advance health-care directive, a revocation of an advance health-care directive, or a designation or disqualification of a surrogate, shall promptly record its existence in the patient's health-care record and, if it is in writing, shall request a copy and if one is furnished shall arrange for its maintenance in the health-care record.

(c) A supervising health-care provider who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists which affects an individual instruction or the authority of an agent, guardian, or surrogate, shall promptly record the determination in the patient's health-care record and communicate the determination to the patient, if possible, and to any person then authorized to make health-care decisions for the patient.

(d) Except as provided in subsections (e) and (f), a health-care provider or institution providing care to a patient shall:

(1) Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health-care decisions for the patient; and

(2) Comply with a health-care decision for the patient made by a person then authorized to make health-care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.

(e) A health-care provider may decline to comply with an individual instruction or health-care decision for reasons of conscience. A health-care institution may decline to comply with an individual instruction or health-care decision if the instruction or decision is contrary to a policy of the institution which is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health-care decisions for the patient.

(f) A health-care provider or institution may decline to comply with an individual instruction or health-care decision that requires medically ineffective health care or health care contrary to generally accepted health-care standards applicable to the health-care provider or institution.

(g) A health-care provider or institution that declines to comply with an individual instruction or health-care decision shall:

(1) Promptly so inform the patient, if possible, and any person then authorized to make health-care decisions for the patient;

(2) Provide continuing care to the patient until a transfer can be effected; and

(3) Unless the patient or person then authorized to make health-care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health-care provider or institution that is willing to comply with the instruction or decision.

(h) A health-care provider or institution may not require or prohibit the execution or revocation of [an] advance health-care directive as a condition for providing health care. [L 1999, c 169, pt of §1]
Haw. Rev. Stat. § 342B-30 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-30
Judicial review.
Status: in_force

The applicant and any person who participated in the public comment process may obtain judicial review in [environmental court] of the final action on a permit issuance or renewal. This is in addition to judicial review otherwise available.
Haw. Rev. Stat. § 321-34 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-34
Cytomegalovirus public education.
Status: in_force

(a) The department of health shall provide public education to inform pregnant women and women who may become pregnant regarding:

(1) The transmission of the cytomegalovirus to pregnant women and women who may become pregnant;

(2) Birth defects caused by congenital cytomegalovirus;

(3) Methods of diagnosing congenital cytomegalovirus; and

(4) Available preventative measures.

(b) The department of health shall provide the information described in subsection (a) to:

(1) Hospitals licensed pursuant to section 321-14.5;

(2) Health care providers offering care to pregnant women and infants;

(3) Registered family child care homes;

(4) Licensed group child care centers;

(5) Licensed group child care homes;

(6) Licensed infant and toddler child care centers; and

(7) Religious, ecclesiastical, or denominational organizations offering children's programs as a part of worship services. [L 2015, c 232, §1]
Haw. Rev. Stat. § 328-99 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-99
Exceptions.
Status: in_force

Out-of-state prescriptions filled pursuant to section 328-17.6 shall be exempt from this part.
Haw. Rev. Stat. § 334-17 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-17
Annual report; emergency transportations; assisted community treatment.
Status: in_force

Each provider of services involved in an emergency transportation initiated by a law enforcement officer, court order, or health care provider; assisted community treatment petition; or assisted community treatment order pursuant to part IV or VIII, and the department of the attorney general, shall provide the necessary data to the department to complete the report under this section. Based on this data, the department shall submit an annual report to the legislature no later than thirty days prior to the convening of each regular session.

The report shall include, at a minimum, an evaluation of the effectiveness of the strategies employed by each provider operating pursuant to parts IV and VIII in reducing hospitalization of persons subject to emergency transportation or assisted community treatment and in reducing involvement with local law enforcement by persons subject to assisted community treatment orders. The evaluation and report shall also include any other measures identified by the department regarding individuals subject to assisted community treatment petitions and orders and all of the following, based on information that is available:

(1) The number of individuals brought to each of the facilities operated by service providers through emergency transportation, and the number of those individuals transported due to enforcement of an order for assisted community treatment;

(2) The number of individuals involuntarily hospitalized through emergency transportation and emergency examination;

(3) The number of individuals subject to assisted community treatment orders;

(4) The petitioner's relationship to the individual subject to the assisted community treatment petition;

(5) The number of individuals under assisted community treatment orders who become involved with the criminal justice system by way of arrests, convictions, probation, incarceration, or other relevant data;

(6) The need for hospitalization and related length of stay for individuals after they become subject to an assisted community treatment order;

(7) Adherence to prescribed treatment by individuals subject to an assisted community treatment order; and

(8) Other indicators of successful engagement, if any, by individuals subject to an assisted community treatment order. [L 2025, c 219, §2]
Haw. Rev. Stat. § 328C-4 — HI Code / Division 1 / Title 19 / Chapter 328C / Section 328C-4
Labeling of donated pharmaceuticals or health care supplies.
Status: in_force

Any charitable, religious, or nonprofit organization which receives and distributes donated pharmaceuticals or health care supplies pursuant to this chapter shall affix a label upon those items stating that the items are donated and are not for resale and stating that they were fit for human consumption or use on the date that they left control of the charitable, religious, or nonprofit organization.
Haw. Rev. Stat. § 343-6 — HI Code / Division 1 / Title 19 / Chapter 343 / Section 343-6
Rules.
Status: in_force

(a) After consultation with the affected agencies and the environmental advisory council, the office of planning and sustainable development shall adopt, amend, or repeal necessary rules for the purposes of this chapter in accordance with chapter 91 including but not limited to rules that shall:

(1) Prescribe the procedures whereby a group of proposed actions may be treated by a single environmental assessment or statement;

(2) Establish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of an environmental assessment;

(3) Prescribe procedures for the preparation of an environmental assessment;

(4) Prescribe the contents of an environmental assessment;

(5) Prescribe procedures for informing the public of determinations that a statement is either required or not required, for informing the public of the availability of draft environmental impact statements for review and comments, and for informing the public of the acceptance or nonacceptance of the final environmental statement;

(6) Prescribe the contents of an environmental impact statement;

(7) Prescribe procedures for the submission, distribution, review, acceptance or nonacceptance, and withdrawal of an environmental impact statement; and

(8) Establish criteria to determine whether an environmental impact statement is acceptable or not.

(b) At least one public hearing shall be held in each county prior to the final adoption, amendment, or repeal of any rule. [L 1974, c 246, pt of §1; am and ren L 1979, c 197, §1(7); am L 1983, c 140, §9; am L 1986, c 186, §2; am L 1987, c 187, §3; am L 2008, c 110, §3; am L 2021, c 152, §14 and c 153, §9]
Haw. Rev. Stat. § 340F-12 — HI Code / Division 1 / Title 19 / Chapter 340F / Section 340F-12
Reciprocity.
Status: in_force

(a) On or after June 17, 1991, certification of operators by any state which, as determined by the board, accepts certifications made or certification requirements deemed satisfactory pursuant to this chapter, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of this chapter, if in the judgment of the board the certification requirements of such state are substantially equivalent to the requirements of this chapter or any rules or regulations adopted hereunder and providing further that reciprocal privileges are granted to certified operators of this State.

(b) In making determinations pursuant to subsection (a) of this section, the board may consider any generally applicable criteria and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities. [L 1991, c 273, pt of §1]

Revision Note

"June 17, 1991" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 339D-11 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-11
Financial and proprietary information; report.
Status: in_force

(a) Notwithstanding any law to the contrary, financial or proprietary information, including trade secrets, commercial information, and business plans, submitted to the department under this chapter is confidential and is exempt from public disclosure to the extent permitted by chapter 92F.

(b) The department shall compile the information submitted by manufacturers and issue a report to the legislature no later than April 1, 2012, and annually each year thereafter. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §14; am L 2022, c 151, §7]
Haw. Rev. Stat. § 329-40 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-40
Methadone treatment programs.
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, methadone may be administered or dispensed or both as part of a state-registered and federal Substance Abuse and Mental Health Services Administration approved methadone treatment program by a practitioner who is licensed and registered under state and federal law to administer and dispense methadone for patients or by an agent of the practitioner, supervised by and under the order of the practitioner. The agent must be a pharmacist, registered nurse, or licensed practical nurse. The licensed practitioner shall be responsible for the amounts of methadone administered or dispensed in accordance with Substance Abuse and Mental Health Services Administration regulations and shall record, approve, and countersign all changes in dosage schedules.

(b) Registration of a methadone treatment program requires that:

(1) The methadone treatment program obtain a controlled substance registration from the State of Hawaii and the Drug Enforcement Administration;

(2) The medical director of a methadone treatment program obtain a controlled substance registration from the State of Hawaii and the Drug Enforcement Administration at the location of the program;

(3) Admission to a methadone treatment program be limited to the narcotic-dependent persons as defined in this chapter;

(4) Unless otherwise stated in this chapter, admission to a methadone treatment program be in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8;

(5) All medical orders including initial medication orders, all subsequent medication order changes, all changes in the frequency of take-home medication, and the prescription of additional take-home medication for emergency situations be authorized by a licensed registered physician employed by the program;

(6) Only the medical director or other designated program physician authorize a patient's admission for treatment in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8; and

(7) Take-home doses of methadone be dispensed to patients in accordance with Title 21 Code of Federal Regulations Part 291 and Title 42 Code of Federal Regulations Part 8, but shall not exceed a fourteen-day supply at any given time nor more than the maximum amount of take-homes for Levo-alphacetylmethadol (LAAM/Orlamm) that would allow a patient to be away from the clinic for dosing for more than two weeks unless authorized by the state authority.

The term "methadone treatment program" as used in this section means an organization or a person (including a private physician) that administers or dispenses methadone to a narcotic-dependent person for maintenance or detoxification treatment and who provides the medical and rehabilitative services required by Title 21 Code of Federal Regulations Part 291 or Title 42 Code of Federal Regulations Part 8 and is approved to do so by the State and by the United States Substance Abuse and Mental Health Services Administration, and who holds a controlled substance registration as required by this chapter and the United States Drug Enforcement Administration to use methadone for the treatment of narcotic-dependent persons.

The term "narcotic-dependent person" as used in this section means an individual who physiologically needs heroin or a morphine-like drug to prevent the onset of signs of withdrawal.

The term "state authority" as used in this section means the agency within the State which exercises the responsibility for governing the treatment of narcotic-dependent persons with the narcotic drug methadone. [L 1990, c 46, §1; am L 1991, c 159, §13; am L 2002, c 165, §4]
Haw. Rev. Stat. § 338-3 — HI Code / Division 1 / Title 19 / Chapter 338 / Section 338-3
Registration districts.
Status: in_force

The department of health shall divide the State from time to time into public health statistics registration districts, which shall conform to political subdivisions, or combinations thereof, or such other subdivision as the department may deem advisable.
Haw. Rev. Stat. § 321-20 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-20
Remedies.
Status: in_force

Notwithstanding other penalties, the director may enforce this chapter in either administrative or judicial proceedings:

(1) Administrative. If the director determines that any person is violating any provision of this chapter, any rule adopted thereunder, or any variance or exemption or waiver issued pursuant thereto, the director may have that person served with a notice of violation and an order. The notice shall specify the alleged violation. The order may require that the alleged violator do any or all of the following: cease and desist from the violation, pay an administrative penalty not to exceed $1,000 for each day of violation, correct the violation at the alleged violator's own expense, or appear before the director at a time and place specified in the order and answer the charges complained of. The order shall become final twenty days after service unless within those twenty days the alleged violator requests in writing a hearing before the director. Upon such request the director shall specify a time and place for the alleged violator to appear. When the director issues an order for immediate action to protect the public health from an imminent and substantial danger, the department shall provide an opportunity for a hearing within twenty-four hours after service of the order. Any hearing before the director shall not stay any order to cease and desist issued pursuant to this paragraph. After a hearing pursuant to this paragraph, the director may affirm, modify, or rescind the order as appropriate. The director may institute a civil action in any court of appropriate jurisdiction for the enforcement of any order issued pursuant to this paragraph.

Factors to be considered in imposing the administrative penalty include the nature and history of the violation and 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. In any judicial proceeding to enforce the administrative penalty imposed pursuant to this chapter, the director need only show that notice was given, a hearing was held or the time granted for requesting a hearing had expired without such a request, the administrative penalty imposed, and that the penalty imposed remains unsatisfied.

This section does not supersede specific administrative penalties provided elsewhere.

(2) Judicial. The director may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order issued or rule adopted pursuant to this chapter, in addition to any other remedy or penalty provided for under this chapter. [L 1985, c 84, §1; am L 2025, c 15, §1]
Haw. Rev. Stat. § 321-604 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-604
Manufacturers of class B firefighting foam; prohibitions; certificate of compliance; penalty.
Status: in_force

(a) A manufacturer of class B firefighting foam prohibited by this part shall notify, in writing and no later than January 1, 2023, persons that sell the manufacturer's products in the State about the requirements of this part.

(b) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited by this part shall recall the product and reimburse the retailer or any other purchaser for the product.

(c) The department may request a certificate of compliance from a manufacturer of class B firefighting foam that attests that a manufacturer's product or products meets the requirements of this part.

(d) Any manufacturer of class B firefighting foam violating this part or any rule adopted pursuant to this part shall be subject to an administrative fine not to exceed:

(1) $5,000 for a first violation; and

(2) $10,000 for any subsequent violation. [L 2022, c 152, pt of § 2]
Haw. Rev. Stat. § 321-379 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-379
Enforcement; penalties.
Status: in_force

(a) If the department determines that any person has violated or is violating any provision of this part, any rule adopted pursuant to this part, or any term or condition of a permit or license issued pursuant to this part, the department may take enforcement action and impose penalties as provided in section 321-20, except that the department may impose a penalty not to exceed $10,000 per offense.

(b) Violations of this part include but are not limited to:

(1) Submitting to or filing with the department any application, notice, statement, or other document in procuring or attempting to procure licensure as a tattoo artist that is false or untrue or contains any material misstatement of fact, or assisting another party in doing so;

(2) Using the title licensed tattoo artist or any other designation tending to imply that the person is a licensed tattoo artist when the person is not in fact licensed or the person's license has been suspended or revoked;

(3) Violating the conditions or limitations of a permit or a license or assisting another party in violating those conditions;

(4) Engaging in conduct resulting in physical injury to an individual or the public in the course of professional services or activities;

(5) Aiding or abetting an unlicensed person, knowingly combining or conspiring with an unlicensed person, allowing one's license to be used by an unlicensed person, or acting as agent or associate of an unlicensed person to evade the use of title restrictions of this part;

(6) Tattooing any person under the age of eighteen without the written consent of the person's parent or legal guardian or not maintaining the consent forms in a confidential manner at the tattoo shop for not less than two years; or

(7) Making a false or misleading statement to the department relating to any matter under this part.

(c) An enforcement action under this section may be combined with a permit or license revocation or suspension under section 321-377 and may be brought together as one administrative action.

(d) In any proceeding under this section, the person subject to the proceeding shall be given notice and the opportunity for a hearing in conformity with chapter 91. [L 1990, c 285, pt of §2; am L 2009, c 130, §7]
Haw. Rev. Stat. § 332-5 — HI Code / Division 1 / Title 19 / Chapter 332 / Section 332-5
Tag or stamp.
Status: in_force

Any mattress made from more than one new material shall have stamped upon the tag attached thereto the percentage of each material so used. This requirement shall not apply to comforters. Any mattress made from material known as "shoddy" shall have stamped or printed upon the tag attached thereto, in type not smaller than twenty-point, the words "shoddy material".
Haw. Rev. Stat. § 325-117 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-117
Termination of the program.
Status: in_force

The director may terminate the program at any time if the program does not serve its intended purpose, presents a risk to the public health, safety, or welfare, or is no longer necessary.
Haw. Rev. Stat. § 342D-13 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-13
Fees.
Status: in_force

The director may establish reasonable fees for the issuance of 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 general fund.
Haw. Rev. Stat. § 342H-15 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-15
Nonliability of department personnel.
Status: in_force

Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342H-14.
Haw. Rev. Stat. § 323F-4.5 — HI Code / Division 1 / Title 19 / Chapter 323F / Section 323F-4.5
Captive insurance board.
Status: in_force

(a) There is established a ten-member captive insurance board that shall carry out the corporation's duties and responsibilities relating to the establishment of any captive insurance company pursuant to section [323F-7(c)(20)] and the operation thereof.

(b) Eight members of the captive insurance board shall be appointed by the governor as follows:

(1) Three members from a list of five persons submitted by the president of the senate; provided that at least one of these members shall have experience in the insurance industry and financial matters;

(2) Three members from a list of five persons submitted by the speaker of the house of representatives; provided that at least one of these members shall have experience in the insurance industry and financial matters; and

(3) Two members, one of whom shall be the chief executive officer or chief financial officer of an insurer licensed to do business in the State and shall serve as a nonvoting member.

The director of health or the director's designee and the insurance commissioner or the commissioner's designee shall serve as ex officio, nonvoting members.

Any vacancy shall be filled in the same manner provided for the original appointments. The captive insurance board shall elect its own chair from among its members.

(c) The selection, appointment, and confirmation of any appointed nominee shall be based on ensuring that captive insurance board members have diverse and beneficial perspectives and experiences and that they include, to the extent possible, representatives of the insurance and/or finance sectors. Members of the captive insurance board shall serve without compensation but may be reimbursed for actual expenses, including travel expenses incurred in the performance of their duties.

(d) Any appointed member of the captive insurance board may be removed for cause by the governor or for cause by vote of a two-thirds majority of the captive insurance board members then in office. For purposes of this section, cause shall include without limitation:

(1) Malfeasance in office;

(2) Failure to attend regularly called meetings;

(3) Sentencing for conviction of a felony, to the extent allowed by section 831-2; or

(4) Any other cause that may render a member incapable or unfit to discharge the duties required under this chapter.

Filing nomination papers for elective office, appointment to elective office, or conviction of a felony consistent with section 831-3.1, shall automatically and immediately disqualify a board member from office.

(e) No member of the captive insurance board shall be an employee or vendor of the corporation, or an immediate family member thereof. For purposes of this subsection, "immediate family member" means a corporation board employee's or vendor's spouse, child, parent, grandparent, or any related individual who resides in the same household of the employee or vendor. [L 2007, c 278, §2]
Haw. Rev. Stat. § 329-71 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-71
Requirements when selling specific chemicals.
Status: in_force

(a) Any manufacturer, wholesaler, retailer, or other person in this State who sells to any person in this State or any other state any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, paladium black, red phosphorus, white phosphorus (other names yellow phosphorus), iodine, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride, notwithstanding any other provision of law, shall do the following:

(1) Require proper purchaser identification for in-state sales that shall include a valid motor vehicle operator's license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, the Environmental Protection Agency certification number or general excise tax license number assigned to the individual or business entity for which the individual is purchasing any chlorofluorocarbon product, and the signature of the purchaser. Proper purchaser identification for out-of-state sales shall include all of the above information, except the motor vehicle license number and the signature of the purchaser. The out-of-state sale information shall also include the means by which the purchase was delivered or provided to the purchaser and the delivery address, if different from the identification address provided by the purchaser;

(2) Prepare a bill of sale that both describes with particularity the specific items and quantities sold and sets forth the proper purchaser identification information and affix to the bill of sale the preparer's signature as witness to the sale and identification of the purchaser;

(3) Retain the original bill of sale containing the purchaser identification information for at least three years in a readily producible manner, and produce the bill of sale containing the sale information and purchaser identification information upon demand by any law enforcement officer or authorized representative of the department; and

(4) [Paragraph effective until December 31, 2023. For paragraph effective January 1, 2024, see below.] Submit a report to the department of public safety of all sales covered by this section.

(4) [Paragraph effective January 1, 2024. For paragraph effective until December 31, 2023, see above.] Submit a report to the department of law enforcement of all sales covered by this section.

(b) Any manufacturer, wholesaler, retailer, or other person in this State who purchases any item listed in subsection (a) shall do the following:

(1) Prepare a record of the purchase including information identifying the source of the items purchased, the date of purchase, the specific items purchased, the quantities of each item purchased, and the cost of the items purchased; and

(2) Retain the record of purchase for at least three years in a readily producible manner and produce the record of purchase upon demand to any law enforcement officer or authorized representative of the department.

(c) Additional requirements for manufacturers, wholesalers, retailers, or other persons who sell iodine or red or white phosphorous are as follows:

(1) Except as provided in subsection (d), no manufacturer, wholesaler, retailer, or other person shall sell to any individual, and no individual shall buy, more than four ounces of iodine in any thirty-day period; and

(2) Except as provided in subsection (d), no manufacturer, wholesaler, retailer, or other person shall sell to any individual, and no individual shall buy, more than two ounces of red or white phosphorous in any thirty day period. This paragraph shall not apply to any sale of red phosphorous made to a person or business that is licensed or regulated by state or federal law with respect to the purchase or use of red or white phosphorous.

(d) The requirements of this section do not apply to either of the following:

(1) Any sale of iodine at concentrations less than 1.5 per cent by weight in a solution or matrix under the threshold of two ounces in a single transaction; or

(2) Any sale of iodine made to a licensed health care facility, any manufacturer licensed by the department of health, or wholesaler licensed by the Hawaii state board of pharmacy who sells, transfers, or otherwise furnishes the iodine to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian.

(e) A person violating this section shall be guilty of a misdemeanor and fined not more than $100,000. [L 2004, c 193, pt of §1 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 326-22 — HI Code / Division 1 / Title 19 / Chapter 326 / Section 326-22
Compensation of patient employees.
Status: in_force

The compensation for patients employed under section 326-21 shall be set by the department of health; provided that in no case shall the compensation be less than the minimum wage as established by section 387-2.

Each patient employee of the department shall be entitled to and granted sick leave with pay and a vacation with pay each calendar year, each calculated at the following rate:

For patients working six hours a day, one and one-half days for each month of service;

For patients working five hours a day, one and one-quarter days for each month of service;

For patients working four hours a day, one day for each month of service.

A month of service is defined as eighty or more hours of work which may be accumulated over any period of time to total eighty hours. No more than twelve months of service may be earned and credited in any calendar year, even if the total number of hours worked should exceed nine hundred sixty hours. [PC 1869, c 62, §5; am L 1929, c 149, pt of §1; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1945, §2423; am L 1945, c 159, §1; am L 1949, c 371, §1 and c 378, §1; RL 1955, §50-23; am L 1959, c 146, §1; am L Sp 1959 2d, c 1, §19; am L 1962, c 28, §32; HRS §326-21; am L 1968, c 34, §2; am L 1974, c 115, §1; ren and am L 1983, c 183, §3; am L 1989, c 66, §1]
Haw. Rev. Stat. § 342L-12 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-12
Injunctive and other relief.
Status: in_force

The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent or stop any violation of this chapter, any rule adopted pursuant to this chapter, or any 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 may grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 321-225 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-225
The state emergency medical services advisory committee.
Status: in_force

(a) There is established within the department of health for administrative purposes only the state emergency medical services advisory committee, which shall sit in an advisory capacity to the department of health on all matters relating to the state system. The advisory committee may advise the department of health upon request of the department or upon its own initiative with regard to the state system. The advisory committee shall:

(1) Monitor, review, and evaluate on an ongoing basis the operations, administration, and efficacy of the state system, or any components thereof, to determine conformity with and maximum implementation of this part.

(2) Prepare and submit periodic assessments, reports, and other documents relating to the state system to ensure the implementation of this part, as deemed necessary or desirable in the discretion of the advisory committee.

(3) Seek the input of the public in relation to the state system to ensure adequate fulfillment of the emergency medical services needs of the State consistent with this part.

(4) Participate in any planning or other policymaking with regard to the state system, and seek the participation of the public, including subarea health planning councils in its consideration of plans and policies relating to the state system.

(5) Perform other functions, and have other duties necessary to ensuring the fullest implementation and maintenance of the state system.

(6) Advise the department of health in formulating a master plan for emergency medical services, including medicom, the "911" system, and other components necessary to meet the emergency medical needs of the people of the State which shall be submitted to the legislature.

(b) The advisory committee shall be composed of twenty members: three nonvoting ex-officio members, who shall be the director of transportation, the adjutant general, and the administrator of the state health planning and development agency, or the designated representatives thereof, and seventeen members representing all counties of the State who shall be appointed by the governor subject to section 26-34 as follows:

(1) Five members who shall be physicians experienced in the conduct and delivery of emergency medical services; provided that at least two shall be engaged in the practice of emergency medicine and be board-eligible or board-certified by the American Board of Emergency Medicine, and provided further that at least one physician shall be engaged in the practice of pediatrics and be board-eligible or board-certified by the American Board of Pediatrics;

(2) Four members who shall be consumers of health care and who shall have no connection with or relationship to the health care system of the State and who shall be representative of all counties;

(3) Four members of allied health professions related to emergency medical services; and

(4) Four members, one from each county, who shall be mobile intensive care technicians or emergency medical technicians engaged in the practice of pre-hospital emergency medical service.

The members of the advisory committee shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties, including travel expenses. The chairperson of the advisory committee shall be elected by the members from among their numbers. A majority of the members of the advisory committee shall constitute a quorum for the conduct of business of the advisory committee. A majority vote of the members present at a meeting at which a quorum is established shall be necessary to validate any action of the committee.

(c) The advisory committee may adopt rules for its governance.

(d) The department of health shall provide necessary staff and other support required by the advisory committee for the performance of its duties. [L 1978, c 148, pt of §1; am L 1981, c 93, §3; am L 1991, c 115, §2; am L 1994, c 242, §4]
Haw. Rev. Stat. § 329D-5 — HI Code / Division 1 / Title 19 / Chapter 329D / Section 329D-5
Medical cannabis dispensaries; selection.
Status: in_force

(a) By January 4, 2016, the department shall provide for a selection process and criteria based on merit for verified applicants for medical cannabis dispensary licenses; provided that the selection process, at minimum, includes the criteria of section 329D-7(3).

(b) This selection process shall be utilized by the department to grant medical cannabis dispensary licenses. Licensees selected will be announced by April 15, 2016. A dispensary licensed pursuant to this chapter may begin dispensing not sooner than July 15, 2016, with the approval of the department. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
Haw. Rev. Stat. § 329-50 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-50
Injunctive relief.
Status: in_force

The administrator may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or any rule adopted to implement this chapter. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure.
Haw. Rev. Stat. § 328J-12 — HI Code / Division 1 / Title 19 / Chapter 328J / Section 328J-12
Penalties.
Status: in_force

(a) A person who smokes in an area where smoking is prohibited by this chapter shall be guilty of a violation and fined not more than $50 to be deposited into the general fund. The district courts may assess costs not to exceed $25 for issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person.

(b) Any authorized police officer, upon making an arrest, shall take the name and address of the alleged violator and shall issue the violator a summons or citation in writing.

(c) There shall be provided for use by an officer or employee of the respective government jurisdictions, duly authorized to issue a summons or citation, or any police officer, a form of summons or citation for use in citing a violator of this chapter that shall not provide for the physical arrest of the violator. The form and content of this summons or citation shall be as adopted or prescribed by the administrative judge of the district court. When a citation is issued, the original of the citation shall be given to the violator; provided that the administrative judge of the district court may prescribe that the violator be given a copy of the citation and provide for the disposition of the original and any other copies. Every citation shall be consecutively numbered and each copy shall bear the same number as its respective original.

(d) If any person fails to comply with a penal summons given to the person, the court shall issue a warrant for the person's arrest.

(e) Any police officer or other officer or employee of the respective government jurisdictions may eject from the premises any person to whom a citation has been issued and who continues to smoke after the person has been so cited.

(f) A person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter and fails to comply with this chapter shall be guilty of a violation and fined:

(1) Not more than $100 for a first violation;

(2) Not more than $200 for a second violation within one year of the date of the first violation; and

(3) Not more than $500 for each additional violation within one year of the date of the preceding violation.

(g) In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter may result in the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred.

(h) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation. [L 2006, c 295, pt of §2]
Haw. Rev. Stat. § 327G-8 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-8
Limitations on applicability of advance mental health care directive.
Status: in_force

(a) A supervising health care provider, health care provider, or health care institution may subject the principal to mental health treatment in a manner contrary to the principal's preferences and instructions as expressed in an advance mental health care directive only:

(1) When a court order under part 3 of article V of chapter 560 contradicts the principal's preferences and instructions as expressed in the advance mental health care directive; or

(2) In cases of emergency when the principal poses an imminent threat to the safety of self or others.

(b) Neither an advance mental health care directive nor this chapter limits any authority either to take an individual into custody or to admit, retain, or treat an individual in a health care institution pursuant to part IV of chapter 334. [L 2004, c 224, pt of §2]
Haw. Rev. Stat. § 321-28 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-28
Traumatic brain injury advisory board.
Status: in_force

There is established within the department of health the traumatic brain injury advisory board. The advisory board, in consultation with the neurotrauma advisory board, shall advise the department in the development and implementation of a comprehensive plan to address the needs of persons affected by disorders and disabilities that involve the brain. Further, the advisory board, in consultation with the neurotrauma advisory board, shall advise the department of the feasibility of establishing agreements with private sector agencies to develop services for persons with brain injuries.

The advisory board shall consist of at least nine members who shall be appointed by the director of health in accordance with section 26-35. The director of health shall designate a member to be the chairperson of the advisory board. The director of health or a designee shall serve as an ex officio nonvoting member of the advisory board. The members shall serve for a term of four years; provided that upon the initial appointment of the members, two shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and three for a term of four years. In establishing the advisory board, the director of health shall appoint at least:

(1) Two members representing private sector businesses that provide services for brain injured persons;

(2) Two survivors of traumatic brain injury; and

(3) One member representing trauma centers that provide services for brain injured persons.

The members shall serve without compensation but shall be reimbursed for actual expenses, including travel expenses, that are necessary for the performance of their duties. [L 1997, c 333, §2; am L 2002, c 160, §12]
Haw. Rev. Stat. § 325-137 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-137
Rulemaking.
Status: in_force

The department may adopt rules pursuant to chapter 91 to carry out the purposes of this part.
Haw. Rev. Stat. § 321-317 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-317
Rules.
Status: in_force

The director of health shall adopt rules necessary for the purposes of this part pursuant to chapter 91. The rules shall include the director's determination of the penalties to be assessed for any failure of a health care professional or laboratory director to comply with the reporting requirements established under this part.
Haw. Rev. Stat. § 325-133 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-133
Universal immunization purchase special fund; established.
Status: in_force

(a) There is established in the state treasury the universal immunization purchase special fund into which shall be deposited:

(1) Fees, fines, and cost reimbursements collected from assessed entities pursuant to this part;

(2) Appropriations made by the legislature;

(3) Grants, contracts, donations, and private contributions;

(4) Moneys from the federal Centers for Medicare and Medicaid Services and other federal agencies;

(5) All interest earned or accrued from the investment of moneys in the fund; and

(6) Any other moneys made available to the special fund from other sources.

(b) The fund shall be administered and expended by the department.

(c) Expenditures from the fund shall be used for the purchase of immunizations and the administration of the program. [L 2025, c 175, pt of §2]
Haw. Rev. Stat. § 342I-7 — HI Code / Division 1 / Title 19 / Chapter 342I / Section 342I-7
Entry and inspection of records.
Status: in_force

The director of health may enter and inspect any building or place for the purpose of:

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

(2) Conducting reasonable tests;

(3) Taking samples; and

(4) Reviewing and copying records. [L 1991, c 201, pt of §1]
Haw. Rev. Stat. § 342D-5 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-5
Rules; specific.
Status: in_force

The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varying local conditions.
Haw. Rev. Stat. § 342H-53 — HI Code / Division 1 / Title 19 / Chapter 342H / Section 342H-53
Applicability and requirements.
Status: in_force

(a) The provisions of this part do not apply to municipal solid waste landfill units that do not receive wastes after October 9, 1991.

(b) Municipal solid waste landfill units that receive waste after October 9, 1991, but stop receiving waste before October 9, 1993, are exempt from the requirements of this part except the final cover requirement prescribed by rules adopted pursuant to this part. The final cover shall be installed within six months of the last receipt of wastes. Owners and operators of municipal solid waste landfill units subject to this subsection that fail to complete cover installation within six months from the date of the last receipt of wastes shall be subject to all the requirements of this part, and rules adopted pursuant to this part, subject to such exemptions as may be provided by those rules.

(c) The provisions of this part apply to owners and operators of new municipal solid waste landfill units, existing municipal solid waste landfill units, and lateral expansions, except as otherwise provided in this part or otherwise exempted by rules adopted pursuant to this part.

(d) Following closure of a municipal solid waste landfill unit, or a component of a municipal solid waste landfill unit, the owner or operator of the unit shall conduct post-closure care for a period of thirty years. The director may increase the length of the post-closure care period if the director determines that the lengthened period is necessary to protect human health and the environment. The director may decrease the length of the post-closure care period if the owner or operator of the closed municipal solid waste landfill unit demonstrates to the satisfaction of the director that the reduced period is sufficient to protect human health and the environment.

(e) Owners and operators of municipal solid waste landfill units that receive waste on or after October 9, 1993, shall comply with the financial assurance criteria that the director shall establish by rules adopted pursuant to this part. Such rules shall be effective no later than April 9, 1994.

(f) Municipal solid waste landfill units containing sewage sludge shall comply with the provisions of this part and the rules adopted pursuant to this part.

(g) In addition to compliance with the provisions of this part and rules adopted pursuant to this part, owners and operators of a municipal solid waste landfill unit shall comply with any other applicable state and federal law. [L 1992, c 245, pt of §1]
Haw. Rev. Stat. § 321-362.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-362.5
Hearing screening, diagnostic audiologic evaluation, and intervention.
Status: in_force

(a) All newborn infants shall receive a hearing screening to allow early identification and intervention to maximize social, emotional, and language outcomes for children who are deaf or hard of hearing.

(b) The person in charge of each birthing facility caring for newborn infants and the responsible physician attending the birth of a newborn or the person assisting the birth of a child not attended by a physician shall ensure that every infant in the person's care receives a hearing screening. This section shall not apply if the parent, guardian, or other person having custody or control of the child objects to the hearing screening in writing on the grounds that the hearing screening conflicts with their religious beliefs. The written objection shall be made a part of the infant's medical record.

(c) Birthing facilities shall report newborn hearing screening results to the department.

(d) Audiologists and physicians specialized in hearing function who perform diagnostic audiologic evaluations of infants shall report to the department, the diagnostic audiologic evaluation results of those infants who do not pass the hearing screening test and those who are diagnosed as deaf or hard of hearing up to the age of three years. [L 2001, c 42, §1; am L 2022, c 36, §4]
Haw. Rev. Stat. § 321-45 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-45
Cancer examination.
Status: in_force

Cancer examinations shall be part of a statewide comprehensive cancer control plan to be developed by the department. The plan shall include provisions for cancer examination, including cervical cancer screening. The department shall work with other government agencies, health care providers, health insurers, and others to improve the overall rates of screening, early diagnosis, and treatment of cancer.
Haw. Rev. Stat. § 342G-108 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-108
Reserved.
Status: reserved

[§342G-108] Reserved.
Haw. Rev. Stat. § 342P-44 — HI Code / Division 1 / Title 19 / Chapter 342P / Section 342P-44
Research, education, and training programs.
Status: in_force

The director may:

(1) Conduct and supervise research programs for the purpose of determining the causes, effects, hazards, or means to monitor or abate sources of asbestos pollution or lead hazards;

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

(3) Conduct and supervise statewide educational and training programs on asbestos pollution or lead hazards prevention, control, and abatement, including the preparation and distribution of information relating to asbestos pollution or lead hazards. [L 1991, c 219, pt of §1; am L 1998, c 242, pt of §3]
Haw. Rev. Stat. § 342D-6 — HI Code / Division 1 / Title 19 / Chapter 342D / Section 342D-6
Permits; procedures for.
Status: in_force

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

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

(c) The director shall issue a permit for any term, not exceeding five years, if the director determines that it will be in the public interest; provided that the permit may be subject to any reasonable conditions that the director may prescribe. The director may include conditions in permits or may issue separate permits for management practices for domestic sewage, sewage sludge, and recycled water, regardless of whether the practices cause water pollution. The director, on application, shall renew a permit from time to time, for a term not exceeding five years, if the director determines that it will be in the public interest. The director shall not grant or deny an application for the issuance or renewal of a permit without affording the applicant and any person who commented on the proposed permit during the public comment period an opportunity for a hearing in accordance with chapter 91. A request for a hearing and any judicial review of the hearing shall not stay the effect of the issuance or renewal of a permit unless specifically ordered by the director or an environmental court.

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

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

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

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

(4) It is in the public interest.

The public interest excludes any reason less stringent than the causes for permit modification, revocation, and termination, or revocation and reissuance identified in title 40 Code of Federal Regulations section 122.62 or 122.64.

(e) The director, on the director's own motion or the application of any person, may modify, suspend, revoke, or revoke and reissue any sludge permit after affording the permittee an opportunity for a hearing in accordance with chapter 91, and consistent with title 40 Code of Federal Regulations section 501.15(c)(2) and (3) and (d)(2).

(f) The director shall ensure that the public receives notice of each application for a permit to control water pollution. The director may hold a public hearing before ruling on an application for a permit to control water pollution if the director determines the public hearing to be in the public interest. In determining whether a public hearing would be in the public interest, the director shall be guided by title 40 Code of Federal Regulations section 124.12(a).

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

(h) No applicant for a modification or renewal of a permit shall be held in violation of this chapter during the pendency of the applicant's application so long as the applicant acts consistently with the permit previously granted, the application and all plans, specifications, and other information submitted as part thereof. [L 1989, c 212, pt of §2; am L 1995, c 180, §7; am L 1997, c 267, §1; am L 1999, c 193, §4; am L 2014, c 218, §8; am L 2021, c 162, §2; am L 2023, c 233, §3]
Haw. Rev. Stat. § 342J-34.5 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-34.5
Standards for persons who deal with fuel.
Status: in_force

The director may establish, by rule, standards applicable to persons who generate, transport, treat, store, dispose of, process, re-refine, burn (including burning for purposes of energy recovery), recycle, distribute, market, or otherwise handle any:

(1) Fuel from any hazardous waste; or

(2) Fuel from any hazardous waste and any other material; or

(3) Fuel which otherwise contains any hazardous waste. [L 1991, c 259, pt of §1; am L 1996, c 82, §4]
Haw. Rev. Stat. § 321-11.2 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-11.2
Adult foster homes.
Status: in_force

(a) The department of health is authorized to certify adult foster homes for individuals with developmental or intellectual disabilities requiring care beyond the individual's eighteenth birthday. "Adult foster home" means a private family home providing care on a twenty-four hour basis to adults with developmental or intellectual disabilities. To be certified, an adult foster home shall house not more than two adults with developmental or intellectual disabilities who are unrelated to the certified caregiver at the same time. The director of health may waive the two-adult limit for certification of that home as an adult foster home; provided that the total number of adults with developmental or intellectual disabilities in the home shall not exceed three adults with developmental or intellectual disabilities who are related or unrelated to the certified caregiver.

For the purposes of this subsection:

"Certified caregiver" means an individual who is twenty-one years of age or older, resides in an adult foster home, and has been issued by the department a valid certificate of approval to provide care, training, and supervision on a twenty-four hour basis to adults with developmental or intellectual disabilities.

"Related" means connected by legal guardianship, trusteeship, blood, marriage, or a legal relationship between the certified caregiver and the adult with developmental or intellectual disabilities.

(b) To accommodate residents of a foster boarding home for children with developmental or intellectual disabilities who reach the age of eighteen years, where the home is certified as a foster boarding home for children under section 346-17, the director of health may waive the two-adult limit for certification of that home as an adult foster home; provided that:

(1) The total number of foster children with developmental or intellectual disabilities and adults with developmental or intellectual disabilities in such a dually certified home shall not exceed three; and

(2) No new adults may be admitted into the home while there are any foster children residing in the home.

This subsection shall not affect the validity of the certification of any adult foster home that is certified as a foster boarding home under section 346-17 and in existence as of July 2, 2014.

(c) An existing adult foster home shall not be given dual certification if the certification as an adult foster home precedes dual certification, unless the certification as a foster boarding home under section 346-17 is for a specific child, as provided in the department of human services' administrative rules.

(d) The rules of the department of human services adopted under authority of section 346-17, which prescribe the standards of conditions and competence of operation of child foster boarding homes shall apply to adult foster homes. Notwithstanding chapter 91, to the contrary, the rules shall be considered adopted by the department of health on July 1, 1986, for the purpose of regulating adult foster care homes and shall be valid until the department of health adopts rules pursuant to chapter 91. The department of health shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(e) Rate of payment for adult foster homes is to be determined on the same basis as domiciliary care homes as provided under section 346-53. [L 1986, c 328, §§2, 3, and 7; am L 1987, c 334, §§2, 3, and 5; am L 1988, c 141, §24; am L 1992, c 15, §2; am L 2013, c 212, §3; am L 2014, c 203, §1]
Haw. Rev. Stat. § 327G-3 — HI Code / Division 1 / Title 19 / Chapter 327G / Section 327G-3
Advance mental health care directive; designation of agent.
Status: in_force

(a) A competent adult or emancipated minor may make a written advance mental health care directive declaring preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to, or refusal of, mental health treatment. An advance mental health care directive may be a part of, or combined with, a written advance health care directive under chapter 327E.

(b) A principal, in a power of attorney contained in the written advance mental health care directive, may designate a competent adult to act as an agent to make any and all mental health care and mental health treatment decisions on behalf of the principal when the principal lacks capacity, unless otherwise specified or limited by the advance mental health care directive. A principal, in a power of attorney contained in the written advance mental health care directive, may also designate competent adults to act as alternate agents, in the order so designated, if the original agent is unable or unwilling to act.

(c) A written advance mental health care directive may include the principal's nomination of a guardian. The court shall make its appointment of a guardian in accordance with the principal's most recent nomination in a valid and unrevoked advance mental health care directive, except for good cause shown.

(d) No individual shall be required to execute or refrain from executing an advance mental health care directive or power of attorney as a condition for insurance coverage, receiving mental or physical health services, receiving privileges while in a health care institution, or as a condition of discharge from a health care institution.

(e) An advance mental health care directive is valid and effective only if it is in writing, contains the date of its execution, is signed by the principal, and is witnessed in one of the following methods:

(1) Signed by at least two competent adults, except those as provided in subsection (f), each of whom shall attest that the principal is known to them, signed the advance mental health care directive in their presence, and appears to be of sound mind and not under duress, fraud, or undue influence; or

(2) Acknowledged before a notary public within this State.

(f) None of the following may serve as a witness to the signing of an advance mental health care directive:

(1) A health care provider, supervising health care provider, or an employee or relative of a health care provider or supervising health care provider;

(2) An owner, operator, or employee of a health care provider or health care institution in which the principal is a patient or resident;

(3) A person related to the principal by blood, marriage, or adoption; or

(4) The agent or alternate agents.

(g) None of the following may serve as an agent or alternate agent under a designation in a power of attorney contained in an advance mental health care directive:

(1) A health care provider, supervising health care provider, or an employee of a health care provider or supervising health care provider, unless that person is related to the principal by blood, marriage, or adoption; or

(2) An owner, operator, or employee of a health care provider or health care institution in which the principal is a patient or resident, unless that person is related to the principal by blood, marriage, or adoption.

(h) An advance mental health care directive and power of attorney becomes effective when it is delivered to a health care provider, supervising health care provider, or health care institution and remains effective until revoked.

(i) An advance mental health care directive executed prior to [July 13, 2004,] shall be valid for the purposes of this chapter if it complies substantially with this chapter or if it was executed in compliance with the laws of the state where it was executed. [L 2004, c 224, pt of §2; am L 2005, c 22, §15]
Haw. Rev. Stat. § 339-5 — HI Code / Division 1 / Title 19 / Chapter 339 / Section 339-5
Responsibilities of owners and lessees of real property.
Status: in_force

It shall be the responsibility of any owner or lessee of real property in state land use urban districts zoned for urban use by the county to maintain sidewalks, alleys, curbs, roadway shoulder areas, fence lines, and hedges immediately adjoining such real property in a litter-free condition except that in no way will the statute be used to release the state and county agencies from continuing their present level of public property maintenance. [L Sp 1977 1st, c 2, pt of §2]
Haw. Rev. Stat. § 342F-4.5 — HI Code / Division 1 / Title 19 / Chapter 342F / Section 342F-4.5
Projects exempt from noise permit requirements.
Status: in_force

(a) Except as provided in subsection (b), any construction project:

(1) For a dwelling; or

(2) With a total cost of less than $250,000 based on the value of the project listed on the building permit,

shall be exempt from the noise permit requirements of section 342F-4; provided that written notification of the intent to construct shall be submitted to the department by the person responsible for the construction project. The notification shall include information concerning the person responsible for the construction project, type of construction, location, and estimated duration of the construction project. The notification also shall include an acknowledgment that the construction project shall be subject to operational times and a maximum noise level of seventy-eight decibels when measured at any point at or beyond the property line of the construction premises.

(b) The exemption in subsection (a) shall not apply to any construction project which:

(1) Emits noise in excess of the maximum permissible sound levels established under the state community noise code adopted by the department which occur:

(A) Before 7:00 a.m. and after 6:00 p.m. on Monday to Friday;

(B) Before 9:00 a.m. and after 6:00 p.m. on Saturday; and

(C) On Sunday and holidays; or

(2) Uses hoe-rams or pile drivers;

provided that subsection (a) shall not apply to a construction project that emits noise exceeding seventy-eight decibels, regardless of the time of occurrence of the noise.

(c) Violation of this section shall be subject to a fine not exceeding $100 per violation; provided that each day of a violation shall constitute a separate offense; and provided further that a violation exceeding five days shall be subject to the penalties under section 342F-9(b).

(d) As used in this section:

"Construction" means any or all activities including those activities necessary or incidental to the erection, demolition, renovation, or alteration of buildings.

"Dwelling" means a room or rooms connected together constituting an independent housekeeping unit for an individual or a family, and containing facilities for bathing, cooking, or both.

"Notification" means a formal notice to the department of the intent to construct a project exempt from noise permit requirements under subsection (a). [L 1999, c 57, pt of §1]
Haw. Rev. Stat. § 321-229.5 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-229.5
Renumbered as §321-23.
Status: in_force

§321-229.5 Renumbered as §321-23.6.
Haw. Rev. Stat. § 339D-7.5 — HI Code / Division 1 / Title 19 / Chapter 339D / Section 339D-7.5
Manufacturer and agent responsibilities; regulatory compliance.
Status: in_force

Each manufacturer shall be responsible for ensuring that the manufacturer and its agents follow all federal, state, and local regulations when collecting, transporting, and recycling electronic devices, and adopt environmentally sound recycling practices for the electronic devices.
Haw. Rev. Stat. § 327-2 — HI Code / Division 1 / Title 19 / Chapter 327 / Section 327-2
Definitions.
Status: in_force

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

"Agent" means an individual:

(1) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

(2) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

"Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or education.

"Body part" means an eye or other organ, or tissue of a human being. The term shall not include the whole body.

"Decedent" means a deceased individual whose body or body part is or may be the source of an anatomical gift. The term includes a stillborn infant, and subject to restrictions imposed by law other than this part, a fetus.

"Disinterested witness" means a witness other than the spouse, reciprocal beneficiary, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term shall not include a person to which an anatomical gift could pass under section 327-11.

"Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.

"Donor" means an individual whose body or body part is the subject of an anatomical gift.

"Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

"Driver's license" means a license or permit issued by a state or county authority to operate a vehicle whether or not conditions are attached to the license or permit.

"Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

"Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual. The term shall not include a guardian ad litem.

"Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.

"Identification card" means an identification card issued by a state or county authority or a driver's license issued by the examiner of drivers.

"Know" means to have actual knowledge.

"Organ procurement organization" means a person designated by the United States Secretary of Health and Human Services as an organ procurement organization.

"Parent" means a parent whose parental rights have not been terminated.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

"Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.

"Procurement organization" means an eye bank, organ procurement organization, or tissue bank.

"Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a body part that could be medically suitable for transplantation, therapy, research, or education. The term shall not include an individual who has made a refusal.

"Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

"Recipient" means an individual into whose body a decedent's body part has been or is intended to be transplanted.

"Reciprocal beneficiary" means a party to a valid reciprocal beneficiary relationship as defined in chapter 572C.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Refusal" means a record created under section 327-7 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or body part.

"Sign" means, with the present intent to authenticate or adopt a record:

(1) To execute or adopt a tangible symbol; or

(2) To attach or logically associate with the record an electronic symbol, sound, or process.

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

"Technician" means an individual determined to be qualified to remove or process body parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.

"Tissue" means a portion of the human body other than an organ or an eye. The term shall not include blood unless the blood is donated for research or education.

"Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

"Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. [L 2008, c 122, pt of §1]
Haw. Rev. Stat. § 340B-1 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-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 340B-4.

"Director" means the director of health.

"Operator" means any individual who operates a wastewater treatment plant, or a major segment of a wastewater treatment plant.

"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 legal entity.

"Supervisor" means, where shift operation is not required, any individual who has direct responsibility for the operation of a wastewater treatment plant or who supervises operators of such a plant. Where shift operation is required, "supervisor" means any individual who has direct responsibility for active daily on-site technical and administrative supervision, and active daily on-site charge of an operating shift, or a major segment of a wastewater treatment plant.

"Wastewater treatment plant" means the various facilities used in the treatment of wastewater, including a wastewater reclamation plant, but excluding a private sewage treatment plant with actual flows greater than 2.0 million gallons per day, with a valid discharge permit issued pursuant to chapter 342, and without a record of adjudged violations of any permit conditions at any time for the life of the permit. [L 1978, c 169, pt of §2]
Haw. Rev. Stat. § 342C-4 — HI Code / Division 1 / Title 19 / Chapter 342C / Section 342C-4
Rules.
Status: in_force

The department shall adopt rules necessary for the purposes of this chapter.
Haw. Rev. Stat. § 321-62 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-62
General duties of department.
Status: in_force

The department of health shall study and appraise the State's dental health needs and resources, and shall foster the development and expansion of dental health services to the people of the State. The department may:

(1) Conduct research, investigations, experiments, demonstrations, and studies relating to the incidence, causes, diagnosis, treatment, and prevention of dental diseases;

(2) Supervise, provide, and direct clinical dental health services for adults and children in the State;

(3) Develop and conduct a program of dental health education of the public;

(4) Provide information and education relating to dental health to public health nurses, teachers, social workers, and others who deal in a professional capacity with the public, through publications, seminars, institutes, and other appropriate means; and

(5) Provide training for professional personnel to staff state and local dental health programs. [L 1949, c 208, §5; RL 1955, §46-53; am L Sp 1959 2d, c 1, §19; HRS §321-62; am L 1992, c 70, §5]
Haw. Rev. Stat. § 328-30 — HI Code / Division 1 / Title 19 / Chapter 328 / Section 328-30
Administrative penalties.
Status: in_force

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

(b) In addition to any other administrative or judicial remedy provided by this part, or by rules adopted pursuant to this part, the director may impose by order the administrative penalty specified in this section. Factors to be considered in imposing the administrative penalty include the nature and history of the violation and of any prior violation, and the opportunity, difficulty, and history of corrective action. For any judicial proceeding to recover the administrative penalty imposed, the director need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and that the penalty remains unpaid. [L 1983, c 100, pt of §2; am L 1984, c 12, §4]
Haw. Rev. Stat. § 340B-11 — HI Code / Division 1 / Title 19 / Chapter 340B / Section 340B-11
Powers and duties of the board.
Status: in_force

To carry out the provisions and purposes of this chapter, the board shall:

(1) Perform any and all acts and adopt, amend, or repeal such rules as it finds necessary or appropriate;

(2) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as deemed appropriate with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals;

(3) Receive financial and technical assistance from the federal government and other public or private agencies;

(4) Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;

(5) Furnish upon request to federal, state, or interstate agencies, municipalities, educational institutions and other organizations and individuals, reports, information, and materials relating to the certification program authorized by this chapter;

(6) Revoke, suspend, or refuse to renew any certificate of any individual following a hearing before the board of the individual or the individual's designated representative, when it is determined that the individual has practiced fraud or deception; that reasonable care, judgment, or the application of the individual's knowledge or ability was not used in the performance of the individual's duties; or that the individual is incompetent or unable to properly perform the individual's duties; provided that the board gives the person concerned notice and hearing in conformity with chapter 91;

(7) Delegate those duties and responsibilities the board may deem appropriate for the purpose of administering requirements of this chapter;

(8) Establish and collect such fees for application, conduct examinations, issue or renew certificates as are necessary for the support of this chapter, and deposit all fees collected into the wastewater treatment certification board special fund; and

(9) Oversee the development and implementation of a continuous training program if that is necessary to carry out this chapter. [L 1978, c 169, pt of §2; gen ch 1985; am L 1999, c 238, §2]
Haw. Rev. Stat. § 323D-44.6 — HI Code / Division 1 / Title 19 / Chapter 323D / Section 323D-44.6
Review of certain applications for certificate of need; waiver.
Status: in_force

The subarea council, the review panel, and the statewide council may, at their discretion, choose to waive their respective prerogatives of review of any certificate of need application.
Haw. Rev. Stat. § 325-56 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-56
Penalty.
Status: in_force

Any physician or other person permitted by law to attend pregnant women, and any other person, who violates this part or any rule of the department of health adopted pursuant to this part, may be fined in an amount not to exceed $1,000 per violation, to be assessed by the director of health. The director of health is authorized to impose the penalty pursuant to this section.
Haw. Rev. Stat. § 342L-21 — HI Code / Division 1 / Title 19 / Chapter 342L / Section 342L-21
Priority in courts.
Status: in_force

All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State.
Haw. Rev. Stat. § 342J-40 — HI Code / Division 1 / Title 19 / Chapter 342J / Section 342J-40
Receipt of funds for study and control of hazardous waste.
Status: in_force

The director may cooperate with and receive money, with the approval of the governor, from the federal government, any political subdivision of the State, or from private sources for the study and control of hazardous waste.
Haw. Rev. Stat. § 325-132 — HI Code / Division 1 / Title 19 / Chapter 325 / Section 325-132
Universal immunization funding program; established.
Status: in_force

(a) There is established within the department the universal immunization funding program for the purpose of providing immunizations to individuals in the State.

(b) The department may contract with other entities for any services needed to carry out the purposes of this part. [L 2025, c 175, pt of §2]
Haw. Rev. Stat. § 321C-2 — HI Code / Division 1 / Title 19 / Chapter 321C / Section 321C-2
Definitions.
Status: in_force

As used in this chapter, unless a different meaning clearly appears from the context:

"Access" or "participate" means to be informed of, participate in, and benefit from the services, programs, and activities offered by the State and covered entities.

"Covered entity" means a person or organization receiving state financial assistance, including grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the person or organization for the purpose of rendering services to the public. It shall not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State.

"Executive director" means the executive director of the office of language access.

"Language" means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities.

"Limited English proficient person" means an individual who, on account of national origin, does not speak English as the person's primary language and self identifies as having a limited ability to read, write, speak, or understand the English language.

"Oral language services" means the free provision of oral information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity.

"Purchase-of-service contract" means any and all types of formal written agreements, regardless of what they may be called, between the State and any person, to purchase or otherwise acquire any service for the purpose of rendering services to the public.

"State" or "state agency" means the executive, legislative, or judicial branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches.

"Vital documents" means printed documents that provide important information necessary to access or participate in services, programs, and activities of a state agency or covered entity, including but not limited to applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services.

"Written language services" means the free provision of written information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. [L 2012, c 201, pt of §2]
Haw. Rev. Stat. § 321-19 — HI Code / Division 1 / Title 19 / Chapter 321 / Section 321-19
Delegation to counties.
Status: in_force

Any provision to the contrary notwithstanding, the department of health may, in adopting rules and regulations under sections 321-9, 321-10, and 321-11, delegate functions for inspection and enforcement of such rules, including the function of issuance of permits, certificates, or licenses, to the various counties. Such delegation of authority shall be in accordance with standards duly adopted by the department.
Haw. Rev. Stat. § 329-126 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-126
Protections afforded to a treating physician or advanced practice registered nurse.
Status: in_force

(a) No physician or advanced practice registered nurse shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of cannabis for a qualifying patient; provided that:

(1) The physician or advanced practice registered nurse has diagnosed the patient as having a debilitating medical condition, as defined in section 329-121;

(2) The physician or advanced practice registered nurse has explained the potential risks and benefits of the medical use of cannabis, as required under section 329-122;

(3) The written certification is based upon the physician's or advanced practice registered nurse's professional opinion after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship or bona fide advanced practice registered nurse-patient relationship, as applicable; and

(4) The physician or advanced practice registered nurse has complied with the registration requirements of section 329-123.

(b) For purposes of this section, a bona fide physician-patient relationship may be established via telehealth, as defined in section 453-1.3(j), and a bona fide advanced practice registered nurse-patient relationship may be established via telehealth, as defined in section 457-2; provided that nothing under this part shall require that treatment recommendations that include certifying a patient for the medical use of cannabis via telehealth be allowed only after an initial in-person consultation between the certifying physician or advanced practice registered nurse and the patient. [L 2000, c 228, pt of §2; am L 2016, c 230, §12; am L 2017, c 170, §2; am L 2018, c 116, §24; am L 2025, c 241, §6]
Haw. Rev. Stat. § 342G-110 — HI Code / Division 1 / Title 19 / Chapter 342G / Section 342G-110
Payment and application of deposits.
Status: in_force

(a) By January 1, 2005, every deposit beverage container sold in this State shall have a refund value of 5 cents. Each container shall have the refund value clearly indicated on it as provided in section 342G-112.

(b) The refund value is the amount of the deposit required. Once a refund value has been applied to a deposit beverage container, the deposit on that container may not be changed and shall be paid to the State.

(c) The deposit on each filled deposit beverage container shall be paid by the deposit beverage distributor, who manufactures or imports beverages in deposit beverage containers. Payment and reporting of the deposits shall be in accordance with section 342G-105. The deposits shall be deposited into the deposit beverage container deposit special fund as described in section 342G-104.

(d) Deposit beverage distributors who are required under subsection (c) to pay a deposit shall also pay a deposit beverage container fee and register with the State. [L 2002, c 176, pt of §2]
Haw. Rev. Stat. § 334-147 — HI Code / Division 1 / Title 19 / Chapter 334 / Section 334-147
Failure to comply with court order.
Status: in_force

The court may impose sanctions for violation of the court order.
Haw. Rev. Stat. § 329-4 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-4
Duties of the Hawaii advisory commission on drug abuse and controlled substances.
Status: in_force

The Hawaii advisory commission on drug abuse and controlled substances shall:

(1) Assist the department of health in coordinating all action programs of community agencies (state, county, military, or private) specifically focused on the problem of drug abuse;

(2) Assist the department of health in carrying out educational programs designed to prevent and deter abuse of controlled substances;

(3) Create public awareness and understanding of the problems of drug abuse;

(4) Sit in an advisory capacity to the governor and other state departments as may be appropriate on matters relating to the commission's work; and

(5) Act in an advisory capacity to the director of health in substance abuse matters under chapter 321, part XVI. For the purposes of this paragraph, "substance" shall include alcohol in addition to any drug on schedules I through IV of this chapter and any substance that includes in its composition volatile organic solvents. [L 1972, c 10, pt of §1 and am c 114, §2(3); am L 1975, c 190, §3; am L 1990, c 281, §5; am L 2012, c 87, §1]
Haw. Rev. Stat. § 329-66 — HI Code / Division 1 / Title 19 / Chapter 329 / Section 329-66
Theft, loss, and discrepancy reports.
Status: in_force

(a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The theft or loss of any substance regulated pursuant to section 329-61 discovered by any person regulated by this part shall be reported to the department of public safety within three days of the receipt of actual knowledge of the discrepancy.

(a) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The theft or loss of any substance regulated pursuant to section 329-61 discovered by any person regulated by this part shall be reported to the department of law enforcement within three days of the receipt of actual knowledge of the discrepancy.

(b) Any report made pursuant to this section shall also include the name of the common carrier or person who transports the substance and date of shipment of the substance. [L 1990, c 200, pt of §1 ; am L 2022, c 278, §17]
Haw. Rev. Stat. § 342B-32 — HI Code / Division 1 / Title 19 / Chapter 342B / Section 342B-32
Clean air special fund.
Status: in_force

(a) There is created in the state treasury a special fund to be designated as the clean air special fund. The proceeds in the fund shall be used solely to pay for all reasonable direct and indirect costs required to develop, support, and administer the permit program requirements of this chapter including reasonable costs of:

(1) Reviewing and acting upon any application for or renewal of a permit;

(2) Implementing and enforcing the terms and conditions of any permit, including legal support as defined by rules;

(3) Monitoring emissions and ambient air quality including resources to audit and inspect source-operated monitoring requirements at least once a year;

(4) Preparing generally applicable rules or guidelines;

(5) Performing or reviewing modeling, analyses, and demonstrations;

(6) Preparing emissions inventories and tracking systems;

(7) Providing support to the small business assistance program; and

(8) Administering the fund.

(b) All moneys collected as fees pursuant to section 342B-29 shall be deposited into the clean air special fund. All interest earned or accrued on moneys deposited in the fund shall become a part of the fund. [L 1992, c 240, pt of §1]