reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-33 Shaken baby syndrome.

§321-33 Shaken baby syndrome.
(a) Any hospital that provides medical care to a newborn may provide each parent of the newborn with written educational information approved by the department of health and provided by nonprofit organizations about the dangerous effects of shaken baby syndrome and the different methods of preventing shaken baby syndrome.
(b) For the purpose of this section:
"Hospital" includes:
(1) An institution with an organized medical staff, regulated under section 321-11(10), that admits patients for inpatient care, diagnosis, observation, and treatment; and
(2) A health facility under chapter 323F.
"Medical care" means every type of care, treatment, surgery, hospitalization, attendance, service, and supplies as the nature of the injury or condition requires.
"Parent" includes a biological mother or father, foster mother or foster father, adoptive mother or adoptive father, and stepmother or stepfather.
"Shaken baby syndrome" means an injury caused by the vigorous shaking of an infant or young child that may result in injuries such as subdural [hematoma], head injury, irreversible brain damage, blindness, retinal hemorrhage, eye damage, cerebral palsy, hearing loss, spinal cord injury, paralysis, seizures, learning disability, central nervous system injury, rib fracture, or death. [L 2007, c 216, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-34 Cytomegalovirus public education.

§321-34 Cytomegalovirus public education.
(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]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-35 Department of education student physical examination follow-up assistance and consultations.

§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]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-36 Definitions.

Cross References
Safe place for newborns, see chapter 587D.
Shaken baby syndrome (prevention), see §321-33.
§321-36 Definitions.
For the purposes of this part:
"Child screening for early identification and remediation of social and health problems" means routine follow up and progress checks for toddlers and preschoolers which include the location and support of isolated parents in need of assistance.
"Department" means the department of health.
"Education for parenthood" means programs to educate all levels of youths as to the needs and appropriate expectations for the different levels of infancy and childhood.
"Home visitor programs" mean services utilizing paraprofessionals or community volunteers for supportive intervention services to parents from the prenatal through infancy periods.
"Infants in need of extra services" include infants who are ill or handicapped or the result of a multiple birth.
"Mutual aid programs" mean peer-support groups for target populations.
"Perinatal bonding" means the process of attachment between parents and newborns around the circumstance of birth.
"Secondary prevention programs" mean programs directed at recognizing, assessing, and achieving change in high risk situations so that abuse and neglect do not occur. [L 1984, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-37 Child abuse and neglect secondary prevention programs.

§321-37 Child abuse and neglect secondary prevention programs.
The department may provide secondary prevention programs which contain a continuum of services starting from before birth and ending in education for the adult parenting responsibility. The types of programs to be provided may include but need not be limited to, prenatal, perinatal bonding, interaction with infants, support for parents of infants in need of extra services, home visitor programs, mutual aid programs, child screening for early identification and remediation of social and health problems, and education for parenthood. [L 1984, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-38 Hawaii children's trust fund advisory committee.

§321-38 Hawaii children's trust fund advisory committee.
There is established the Hawaii children's trust fund advisory committee as provided in section 350B-6. The advisory committee shall have the functions as provided in section 350B-6(b). [L 1984, c 212, pt of §2; am L 1993, c 336, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-41 Educational program.

§321-41 Educational program.
The department of health may formulate and put into effect throughout the State an educational program for the purpose of preventing cancer and of aiding in its early diagnosis. In the furtherance of this program, the department may assist and cooperate with all territorial, state, and national organizations conducting educational programs for the prevention and control of cancer. [L 1949, c 79, §2; RL 1955, §46-31; am L Sp 1959 2d, c 1, §19; HRS §321-41]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-42 Tumor clinics.

§321-42 Tumor clinics.
The department of health may assist in the operation of tumor clinics which are now established or may be established in the State. This assistance may consist of furnishing statistical information on the incidence or prevalence of tumors of various kinds in the State. Other assistance, such as clerical or stenographic help, may be furnished as needed. In all activities under this section, the department may consult and cooperate with the Hawaii State Medical Association and the Hawaii Cancer Society.
Insofar as is needed the department may assist tumor clinics or private physicians in the follow-up of tumor cases for the purpose of determining the progress of the disease or for further treatment. This part of the program shall be limited to those cases on which follow-up is requested by the attending physicians, and it shall also be limited by the funds which are provided for this purpose. [L 1949, c 79, §3; RL 1955, §46-32; am L Sp 1959 2d, c 1, §19; HRS §321-42]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-43 Statistical activities.

§321-43 Statistical activities.
The department of health shall engage in the collection and analysis of statistical information on the morbidity and mortality of cancer in the State. The morbidity data may be collected in cooperation with the University of Hawaii, Hawaii Medical Association, and the Hawaii Cancer Society. All data collected by a cooperating agency may be shared with the department of health in the form specified by the department of health. The mortality data as collected from death certificates shall be analyzed by the staff of the department in order to determine the significance of cancer in the State by race, sex, age, occupation, site in the body, and in any other way found desirable for the purpose of determining the areas where greatest emphasis should be laid in the statewide cancer control program. The morbidity data shall be used:
(1) In determining the prognosis and chance of cure, as well as the number of persons cured of cancer in the State;
(2) For assisting in the direction of tumor research;
(3) For determining, if possible, the tendencies of benign tumors to become malignant;
(4) For assisting in the follow-up of diagnosed or treated tumor cases as requested by attending physicians; and
(5) For improving the reporting of the cause of death on death certificates.
All statistical material collected under this section shall be considered confidential as to the names of persons or physicians concerned, except that researchers may use the names of those persons when requesting additional information for research studies when the studies have been approved by the cancer commission of the Hawaii Medical Association and the appropriate federally authorized human subjects protection board. [L 1949, c 79, §4; RL 1955, §46-33; am L Sp 1959 2d, c 1, §19; HRS §321-43; am L 1973, c 25, §2; am L 2008, c 117, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-45 Cancer examination.

§321-45 Cancer examination.
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. [L 1974, c 215, §1; am L 2003, c 107, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-46 Breast density mammography results; report and notification.

§321-46 Breast density mammography results; report and notification.
(a) Beginning January 1, 2014, every health care facility in which a mammography examination is performed shall provide a mammography report and notification to each patient who is categorized by the facility as having dense breast tissue. The notification shall include in the summary of the mammography report sent to the patient, the following information, pursuant to the federal Mammography Quality Standards Act:
"Your mammogram shows that your breast tissue is dense. Dense breast tissue is very common and is not abnormal. However, dense breast tissue can make it harder to find cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information about the result of your mammogram is given to you to raise your awareness. Use this information to talk to your physician as to whether, based on your risk, more screening tests might be useful. A report of your results was sent to your physician."
(b) For purposes of this section, "dense breast tissue" means heterogeneously dense or extremely dense tissue as defined in nationally-recognized guidelines or systems for breast imaging reporting of mammography screening, including the Breast Imaging Reporting and Data System of the American College of Radiology, and any equivalent new terms, as such guidelines or systems are revised. [L 2013, c 5, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-51 Department to administer part.

Note
Part heading amended by L 1988, c 4, §1.
§321-51 Department to administer part.
The department of health is designated as the agency of the State to administer a program of services for children with special health needs. [L 1939, c 179, §2; RL 1945, §2102; RL 1955, §46-41; am L Sp 1959 2d, c 1, §19; HRS §321-51; am L 1988, c 4, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-52 Powers, duties, and activities of the department.

§321-52 Powers, duties, and activities of the department.
To carry out the purposes of this part, the department of health may:
(1) Establish and administer a program of services for children with special health needs, which shall provide for developing, extending, and improv ­ing services, especially in rural areas, for locating such children, and for providing for medical, surgical, corrective, and other services and care, and facilities for diagnosis, hospitalization, and after-care; extend and improve any such services; cooperate with medical, health, nursing, and welfare groups and organizations and with any agency of the State charged with the administration of laws providing for vocational rehabili ­tation of children with special health needs; and, cooperate with the department of education for the education of such children;
(2) Formulate and administer a detailed plan for the purposes specified in paragraph (1) above; and adopt such rules pursuant to chapter 91 as may be necessary or desirable for the administration of the plan and of this part. Any plan shall include provisions for:
(A) Financial participation by the State in the funds appropriated by the Congress of the United States under applicable federal legislation;
(B) Administration of the plan by the department;
(C) Such methods of administration (other than those relating to selec ­tion, tenure of office, and compensation of personnel) as are neces ­sary for the efficient operation of the plan;
(D) Maintenance of records and preparation of reports of services ren ­dered as shall be directed by the Secretary of Health and Human Services of the United States;
(E) Carrying out the purposes specified in paragraph (1) above; and
(F) Cooperation with medical, health, nursing, and welfare groups and organizations and with any agency in the State charged with admin ­istering state laws providing for vocational rehabilitation of children with special needs;
(3) Cooperate with the federal government through its appropriate agency or instrumentality in developing, extending, and improving such services and receive and expend all funds made available to the department by the federal government, the State, or its political subdivisions, or from any other sources, including private donations, for such purposes; and
(4) Take all other actions necessary or desirable to carry out the purposes of this part. [L 1939, c 179, §3; RL 1945, §2103; RL 1955, §46-42; am L Sp 1959 2d, c 1, § §18, 19; HRS §321-52; am L 1981, c 71, §1; am L 1984, c 13, §1; am L 1988, c 4, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-53 Funds.

§321-53 Funds.
The director of finance shall be the custodian of all moneys appropriated for or received by the department of health from any sources whatso ­ever for the purposes of this part and shall deposit such moneys in the fund for children with special health needs. All expenditures and withdrawals from the fund shall be upon warrants issued by the comptroller of the State upon vouchers properly approved by the director of health. [L 1939, c 179, pt of § §5, 6; RL 1945, §2105; RL 1955, §46-44; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, § §14, 19; am L 1963, c 114, §1; HRS §321-53; am L 1988, c 4, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-54 Application of part.

§321-54 Application of part.
The services provided by this part shall be for the benefit of and apply only to persons not over twenty-one years of age, who or whose estate, or whose parents or guardians are without sufficient means to pay for the services. The department of health shall have the final administrative authority in determining the acceptance of cases for the care and services provided in this part. [L 1939, c 179, §7; RL 1945, §2106; RL 1955, §46-45; am L Sp 1959 2d, c 1, §19; HRS §321-54]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-61 Dental health.

§321-61 Dental health.
The department of health shall constitute the sole agency of the State for the purposes of carrying out the activities and performing the functions provided in this part. [L 1949, c 208, §2; RL 1955, §46-50; am L Sp 1959 2d, c 1, §19; HRS §321-61]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-62 General duties of department.

§321-62 General duties of department.
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]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-63 Director's specific duties and powers.

§321-63 Director's specific duties and powers.
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]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-71 Industrial hygiene.

§321-71 Industrial hygiene.
The department of health shall make rules and regulations relating to or affecting industrial hygiene, and detect, prevent, and control: (1) conditions and exposures affecting health which are associated with conditions of employment, (2) atmospheric pollution, (3) improper fumigation, (4) inadequate and improper ventilation, (5) sources of ionizing radiation, and (6) other similar conditions.
Further, the department may conduct research and investigations, and disseminate knowledge and information to the public, concerning conditions in places of employment (and areas and places adversely affected by such places of employment) which may be responsible for the development of occupational diseases, afflictions, and poor health, and concerning all other matters which are the subject of its duties. [L 1951, c 18, § §1, 2; RL 1955, §46-70; am L Sp 1959 2d, c 1, §19; HRS §321-71]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-72 Sources of ionizing radiation; federal-state agreements.

§321-72 Sources of ionizing radiation; federal-state agreements.
The governor, on behalf of the State, may enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by the State. [L 1967, c 12, §1; HRS §321-72]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-81 Nutrition.

§321-81 Nutrition.
The department of health shall be empowered to:
(1) Conduct staff education in nutrition for the personnel of the department;
(2) Cooperate in training staffs of schools, welfare agencies, and other persons who deal with problems involving food and nutrition;
(3) Cooperate in the solution of nutrition problems of other agencies, such as schools, boarding homes, and institutions;
(4) Stimulate interest in good nutrition and improved food practices in the State through talks, literature, radio, newspapers, movies, and exhibits;
(5) Evaluate, prepare, and distribute nutrition education materials;
(6) Give direct service on personal nutrition problems to members of the public through individual consultation, group conferences, and correspondence;
(7) Assist organizations in coordinating and planning nutrition education programs;
(8) Conduct research in food habits and nutritional status;
(9) Conduct such other activities in the field of nutrition as the director of health may direct. [L 1951, c 34, §1; RL 1955, §46-71; am L Sp 1959 2d, c 1, §19; HRS §321-81]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-82 Field nutritionist, rural Oahu.

§321-82 Field nutritionist, rural Oahu.
The director of health may appoint a field nutritionist for rural Oahu and establish, or arrange for the establishing of, a suitable office therefor. [L 1951, c 305, §1; RL 1955, §46-23; am L Sp 1959 2d, c 1, §19; HRS §321-82]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-91 Program of home health services.

§321-91 Program of home health services.
The department of health is authorized to establish and administer a program to provide home health services, pursuant to the provisions of Title XVIII of the Social Security Act. Home health services shall mean ancillary paramedical services rendered in the patient's home, and shall include, but not be limited to, professional nursing care, physiotherapy, occupational therapy, speech and hearing therapy, medical social services, and home health aide services. The authority of the department hereunder shall be liberally construed in order that the State may receive the maximum benefits of said Title XVIII. [L 1966, c 23, pt of §2; HRS §321-91]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-93 Home health services; source of funds; disposition of receipts.

§321-93 Home health services; source of funds; disposition of receipts.
(a) All moneys to provide ancillary paramedical services, professional nursing care, physiotherapy, occupational therapy, speech and hearing therapy, medical social services, and home health aide services under the home health services program shall be allocated by the legislature through appropriations out of the state general fund.
(b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this part.
(c) All moneys received by the department from charges and fees for services rendered under this part shall be deposited to the credit of the state general fund. [L 1966, c 23, pt of §2; HRS §321-93; am L 1993, c 280, §37]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-101 Hearing and vision program.

Note
Part heading amended by L 1981, c 193, §2; L 1993, c 6, §12; L 2022, c 37, §2.
§321-101 Hearing and vision program.
(a) There is established a hearing and vision program for children to be conducted by the department of health. The purpose of the program shall be to increase the early identification of hearing or vision loss in children by establishing consistent protocols for hearing and vision screening and follow-up, screener training, and data collection for quality improvement.
(b) The department shall set recommended standards for:
(1) Protocols for evidence-based hearing and vision screening, including designation of ages or grades for screening;
(2) Screening tools, instruments, and passing and referral criteria for screening that are based on national guidelines and best practices;
(3) Referrals, tracking of referrals, and follow-up of children who do not pass screening;
(4) Training, certification, and qualifications of personnel who conduct hearing and vision screening, other than those who are licensed health care professionals acting within their legal scope of practice; and
(5) Data collection and reporting on hearing and vision screening, referral, and follow-up.
(c) Within available resources, the program shall include consultation with and education of students, parents, and health and education personnel about hearing and vision screening, treatment, and services. [L 1965, c 246, §5; Supp, §46-100; HRS §321-101; am L 1981, c 193, §2; am L 1992, c 312, §1; am L 2022, c 37, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-111 Sexually transmitted disease prevention program.

Note
Part heading amended by L 1991, c 32, pt of §1.
§321-111 Sexually transmitted disease prevention program.
(a) The departments of health and education shall cooperate with each other and other public and private authorities as they may deem advisable for the education of minors and members of the general public on sexually transmitted diseases and the prevention of sexually transmitted diseases. For the purpose of this section, "minor" means any person fourteen years of age or older and under the age of majority.
(b) The department of health shall formulate, supervise, and coordinate throughout the State an educational program for the purposes of preventing sexually transmitted diseases, instructing the general public in detecting the diseases, and encouraging early treatment.
(c) The information shall be made available upon request to all minors and members of the general public without parental consent and the information shall be distributed to all public school counselors requesting educational materials concerning sexually transmitted disease prevention, detection, and treatment. [L 1969, c 149, §1; am L 1991, c 32, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-115 Prophylactics.

§321-115 Prophylactics.
(a) As used in this section "prophylactic" means any device or appliance used or to be used for the prevention of sexually transmitted diseases.
(b) The department of health may adopt rules and charge fees to regulate the sale of prophylactics through vending machines and require that they be stocked with adequately labeled and scientifically approved devices only.
(c) It shall be unlawful for any person to vend prophylactics in mechanical coin-operated machines on the premises of any school in this State. The term "school" as used in this section shall have the same meaning as defined by section 302A-501. [L 1981, c 241, §1; gen ch 1985; am L 1991, c 32, pt of §1; am L 1996, c 89, §14; am L 2000, c 82, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-161 Chemical testing for alcohol concentration or drug content.

§321-161 Chemical testing for alcohol concentration or drug content.
(a) The department of health shall establish and administer a statewide program relating to chemical testing of alcohol concentrations or drug content for the purposes of chapters 286, 291, 291C, and 291E, with the consultation of the state director of transportation. Under the program, appropriate procedures shall be established for specifying:
(1) The qualifications of personnel who administer chemical tests used to determine alcohol concentrations or drug content;
(2) The procedures for specimen selection, collection, handling, and analysis; and
(3) The manner of reporting and tabulating the results.
(b) The director of health may adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 1973, c 139, §1; am L Sp 1977 1st, c 20, §12; am L 1990, c 188, §9; am L Sp 1991, c 1, §18; am L 1997, c 103, §10; am L 2001, c 157, §30]
Case Notes
The health department rules are applicable only to the proceedings enumerated in this section; and when the State seeks to introduce the breathalyzer results in a prosecution outside the ambit of this section, it must establish a foundation independent of the rules. 1 H. App. 625, 623 P.2d 1271 (1981).
Intoxilyzer test result inadmissible where officer administering test had less than required training and had not been issued appropriate permit. 5 H. App. 575, 704 P.2d 927 (1985).
To admit intoxilyzer test result, there must be strict compliance with rules having direct bearing on validity and accuracy of test result. 6 H. App. 554, 732 P.2d 253 (1987).
Where intoxilyzer not checked for accuracy, test results inadmissible, though operator followed operational checklist and device allegedly "fail-safe". 6 H. App. 569, 733 P.2d 326 (1987).
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-171 Children's mental health services; department responsibility.

§321-171 Children's mental health services; department responsibility.
It shall be the responsibility of the department of health to:
(1) Provide preventative health services for children and youth;
(2) Provide diagnostic and treatment services for emotionally disturbed children and youth; and
(3) Provide treatment and rehabilitative services for mentally ill children and youth.
Such services shall be delivered at the earliest possible moment after the need for such services is established. All eligible children and youth between the ages of birth and seventeen shall receive the necessary mental health services to insure their proper and full development. If there is any adjudication or settlement of any legal action involving the delivery of children's mental health services, the department of health shall be responsible for the coordination of carrying out the terms of the judgment or settlement. [L 1974, c 211, pt of §1; am L 1996, c 125, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-172 Children's mental health services branch.

§321-172 Children's mental health services branch.
There is established within the department of health, mental health division, a children's mental health services branch which shall coordinate the effective and efficient delivery of mental health services to children and youth, including services provided by private nonprofit agencies under contract to the department of health, and be responsible for the development and implementation of centralized and highly specialized programs for children and youth. [L 1974, c 211, pt of §1; am L 1980, c 59, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-173 Community mental health services for children and youth.

§321-173 Community mental health services for children and youth.
There is established within each community mental health center a children's mental health services team which, in conjunction with other public and private agencies, shall develop and provide a network of preventative, early identification, screening, diagnostic, treatment, and rehabilitative services for children and youth based on the needs of each geographic region in which the community mental health center is located. The children's mental health services teams shall cooperate with and promote the coordination of the activities of local public and private agencies servicing children and youth in their particular geographic area. [L 1974, c 211, pt of §1; am L 1980, c 59, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-174 Coordination of services with department of education.

§321-174 Coordination of services with department of education.
The children's mental health services team shall cooperate with the schools located in their particular geographic region in identifying and referring for treatment such children or youths in need of mental health services. In conjunction with the children's mental health services team, the department of education and the department of health shall develop a memorandum of agreement which shall provide for a sharing of responsibilities for the affected agencies and shall include but not be limited to provisions for:
(1) Accepting referrals from the school counselors and diagnostic teams for evaluation and direct treatment of children and youth suffering from mental and emotional disorders;
(2) Providing consultation to enable teachers and other school personnel to aid in the identification and screening of children in need of professional mental health services and the services of psychologists, as defined in chapter 465;
(3) Providing training and education about emotional disturbances of children to teachers, school counselors, and parents;
(4) Assisting the department of education with mental health services and the services of psychologists, as defined in chapter 465 for handicapped children;
(5) Developing an ongoing mechanism to assess, document and report to the legislature and the governor unmet needs for mental health services for students in each geographic region; and
(6) Performing other related services for school personnel, children, and parents. [L 1974, c 211, pt of §1; am L 1980, c 59, §3; am L 1985, c 55, §3; am L 1988, c 257, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-175 Statewide children's mental health services plan.

§321-175 Statewide children's mental health services plan.
(a) Commencing on September 1, 1980, and every four years thereafter, the children's mental health services branch, on or before September 1 of each four-year cycle, shall develop and present to the governor and the legislature, as well as release for public inspection and comment, a current statewide children's mental health services plan which shall include:
(1) A survey of the children and youth in the State who are (A) in need of and (B) receiving mental health services showing the total number of such children and youth and their geographic distribution;
(2) Identification of the public and private providers of mental health services to children and youth;
(3) Identification of the criteria and standards for the treatment to be received by emotionally disturbed or mentally ill children and youth;
(4) A program for the recruitment, orientation, and in-service training of personnel in community mental health services to children and youth, and to allied fields, including participation, as appropriate, by institutions of higher learning, state and local agencies, and other public and private agencies having relevant expertise;
(5) A description of the provisions for prevention, early identification, diagnosis, screening, treatment, and rehabilitation (including, with regard to treatment and rehabilitation, services provided through inpatient, outpatient, and community residential facilities) of children and youth in need of mental health services;
(6) An implementation plan for providing mental health services to all children and youth in the State in each of the above mentioned areas; and
(7) Any additional matters which may be necessary or appropriate, including recommendations for amendment of laws, changes in administrative practices and patterns of organization, and changes in levels and patterns of financial support relating to children's mental health services.
(b) Prior to the submission of the statewide children's mental health services plan under subsection (a) to the governor and the legislature, the department of health shall hold hearings on the plan in accordance with chapter 91. There shall be at least one hearing in each county; except that the city and county of Honolulu shall have three hearings in strategic geographic locations to provide the widest exposure of the plan to the population.
(c) Any amendments to the statewide children's mental health services plan shall be in accordance with chapter 91. [L 1974, c 211, pt of §1; am L 1980, c 59, §4; am L 1984, c 87, §1; am L 1986, c 339, §39]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-176 Biennial review of progress.

§321-176 Biennial review of progress.
Every two years, starting January 1, 1979, the department of health, on or before January 1 of each two-year cycle, shall submit to the legislature and the governor a report setting forth:
(1) A detailed analysis of the progress made toward fulfilling the statewide children's mental health services plan developed under section 321-175; and
(2) Other matters which are necessary or appropriate, including recommendations for any amendment to any law, any change in the administrative practices and patterns of organization, the current and prevailing memoranda of agreement, and any change in the levels and patterns of financial support. [L 1974, c 211, pt of §1; am L 1980, c 59, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-191 Definitions.

Cross References
Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B.
Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M.
Mental health and substance abuse special fund, see §334-15.
Substance abuse testing, see chapter 329B.
§321-191 Definitions.
As used in this part:
"Advisory commission" means the state advisory commission on drug abuse and controlled substances established in section 329-2.
"Clean and sober home" means a dwelling unit that is intended to provide a stable, independent environment of alcohol- and drug-free living conditions to sustain recovery and that is shared by unrelated adult persons who are recovering from substance abuse.
"Department" means the department of health.
"Substance" means alcohol, any drug on schedules I through IV of chapter 329, or any substance which includes in its composition volatile organic solvents.
"Substance abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. [L 1975, c 190, pt of §2; am L 2014, c 193, §4]
Revision Note
Numeric designations deleted.
Cross References
Diagnosis and counseling of minors, see §577-26.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-192.5 Substance abuse treatment monitoring program.

§321-192.5 Substance abuse treatment monitoring program.
(a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the department shall establish a statewide substance abuse treatment monitoring program to collect the following information from all treatment providers accredited by the department, pursuant to section 321-198, on every individual who receives substance abuse treatment paid by public funds. Treatment providers shall report admission and discharge data, as determined by the department, with a final annual report due no later than sixty days after the close of the fiscal year, which shall include:
(1) An accurate count of all admissions and discharges during the reporting period;
(2) An unduplicated count of individuals served by each treatment provider;
(3) Demographic data on each individual as determined by the department, which may include age, race, ethnicity, employment status, source of payment, source of referral to treatment, length of treatment, and the primary substance for which treatment was sought;
(4) Data on the number of individuals who were discharged due to successful completion of treatment and the reasons individuals withdrew from treatment during the reporting period;
(5) Six-month follow-up data on persons who were discharged due to successful completion of treatment, reporting on criteria for measurement of successful treatment as determined by the department; and
(6) Any other information deemed relevant by the department to assess the effectiveness of treatment on each individual.
(b) The department shall establish criteria to measure the success of treatment for individuals and establish criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse. The department shall include in the contract with the treatment provider all criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse.
(c) The department shall include the information under subsection (a) as part of the annual report to the legislature under section 321-195.
(d) This section shall not be construed to abrogate an individual's right to privacy. The department shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section. [L 2004, c 40, §24]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-193 Duties and responsibilities of department.

§321-193 Duties and responsibilities of department.
The department shall:
(1) Coordinate all substance abuse programs including rehabilitation, treatment, education, research, and prevention activities.
(2) Prepare, administer, and supervise the implementation of a state plan for substance abuse which may consist of a plan for alcohol abuse prevention and a plan for drug abuse prevention.
(3) Identify all funds, programs, and resources available in the State, public and private, and from the federal government which are being used or may be used to support substance abuse prevention, rehabilitation, treatment, education, and research activities.
(4) Be the designated agency required by, and receive and administer all available substance abuse funds including but not limited to funds received from, the federal government under Public Law 92-255, Public Law 91-616, Public Law 91-211, and Title IVA and XVI of the Social Security Act or other subsequent Acts of Congress which may amend or succeed such Acts.
(5) Encourage and coordinate the involvement of private and public agencies in the assessment of substance abuse problems, needs, and resources.
(6) Coordinate the delivery of available funding to public and private agencies for program implementation.
(7) Establish mechanisms and procedures for receiving and evaluating program proposals, providing technical assistance, monitoring programs and securing necessary information from public and private agencies for the purposes of planning, management, and evaluation.
(8) Review the state plan for substance abuse annually for the purpose of evaluation and make necessary amendments to conform with the requirements of federal or state laws.
(9) Do all things necessary to effectuate the purposes of this part.
(10) Certify program administrators, counselors and accredit programs related to substance abuse programs in accordance with rules to be promulgated by the department. [L 1975, c 190, pt of §2; am L 1977, c 108, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-194 State advisory commission.

§321-194 State advisory commission.
The state advisory commission on drug abuse and controlled substances established in section 329-2 shall advise the director on all matters relating to substance abuse including but not limited to the preparation of the state plan for substance abuse. In addition, the advisory commission shall perform such duties and assume such responsibilities as required by federal law for the purpose of receiving federal funding. [L 1975, c 190, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-195 Annual report to the legislature.

§321-195 Annual report to the legislature.
The department shall submit an annual report to the legislature detailing its progress in the implementation of the state plan for substance abuse. The report shall be submitted twenty days before the beginning of each regular session of the legislature. [L 1975, c 190, pt of §2]
Note
Other annual reporting requirements. L 2004, c 40, §29.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-198 State funding of substance abuse agencies.

§321-198 State funding of substance abuse agencies.
Certification of a private substance abuse agency pursuant to section 321-193(10), shall be a necessary prerequisite to that substance abuse agency receiving any state funding. This section shall take effect on December 31, 1979. [L 1977, c 108, §2; am L 1978, c 68, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-211 Definitions

§321-211 Definitions
. As used in this part:
"Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling the device, an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.
"Possession" means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, including the actual use of the tobacco product.
"Tobacco product" means tobacco in any form, including an electronic smoking device, cigarettes, cigars, snuff, and chewing tobacco, that is prepared or intended for consumption by, or the personal use of, humans. [L 2015, c 122, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-213 Exemptions.

§321-213 Exemptions.
This part shall not apply to:
(1) Any person under twenty-one years of age, with parental authorization, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco sales to persons under twenty-one years of age; or
(2) Possession of tobacco products by a person under twenty-one years of age in the course of delivery, pursuant to the direction of the person's employer lawfully engaged in business necessitating the delivery. [L 2015, c 122, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-214 Enforcement; rules.

§321-214 Enforcement; rules.
Any person under twenty-one years of age who violates section 321-212 shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the person is not employed and is not attending school. [L 2015, c 122, pt of §2]