reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-22 Identity of persons studied and material, restrictions.

§324-22 Identity of persons studied and material, restrictions.
(a) The material collected under this part shall be used or published only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality; provided that the Hawaii Tumor Registry may reveal all relevant information to a patient's attending physician.
(b) The identity or any group of facts that tends to lead to the identity of any person whose condition or treatment has been studied shall be confidential and shall not be revealed in any report or any other matter prepared, released, or published. Researchers, however, may use the names of persons when requesting additional information for research studies after being approved by the cancer commission of the Hawaii Medical Association and the appropriate federally authorized human subjects protection board.
(c) The use of additional information obtained by researchers shall also be governed by subsection (a) and, in addition, where the patient is still living and the information is to be obtained directly from the patient, the researcher shall first obtain the approval of the patient or the patient's immediate family, including a reciprocal beneficiary, in that order of priority. [L 1973, c 25, pt of §1; gen ch 1985; am L 1997, c 383, §41; am L 2008, c 117, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-23 Legal proceedings; information excluded from.

§324-23 Legal proceedings; information excluded from.
Except as otherwise provided, 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 researcher 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 findings, conclusions, or summaries and make available factual information contained therein. [L 1973, c 25, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-31 Identity of persons studied and material, restrictions.

§324-31 Identity of persons studied and material, restrictions.
The identity, or any group of facts or any system of records which may lead to the identity, of any person whose condition or treatment has been studied shall be confidential and shall not be revealed in any report, release, or publication. The department of health may, however, use the names of persons when requesting additional information; provided that approval shall first be obtained from the individual, the individual's parents or guardian in the case of a minor, or the next of kin in the case of a deceased person; and provided that the identity or facts identifying the person shall not be released outside of the department of health. [L 1977, c 117, pt of §1]
Revision Note
Subsection designation deleted.
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-32 Release of information.

§324-32 Release of information.
(a) Consistent with section 324-31 and Public Law 93-380, the department of health may, if not otherwise prohibited by law release statistical records or information relating to the health surveillance program. The materials collected under this part shall only be used for the analysis of health, demographic, socio-economic, environmental and related factors for the evaluation of health problems, health programs, delivery and utilization of medical care, analysis and interpretation of public health trends, forecasting long and short range public health needs and for the determination of programs to meet such needs.
(b) The department of health may collect additional information requested by other public or private agencies and may release statistical information from the health surveillance program for research, educational or program purposes to the public or private agencies or individuals. [L 1977, c 117, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-33 Legal proceedings; information excluded from.

§324-33 Legal proceedings; information excluded from.
Findings, conclusions, or summaries pertaining to any individual resulting from studies within the scope of this part shall not be used against the individual or made available in any legal proceeding without the individual's consent. [L 1977, c 117, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-41 Definitions.

§324-41 Definitions.
As used in this part, unless the context requires otherwise:
"Adverse reproductive outcome" means a birth defect, stillbirth, infant death up to one year of age, or spontaneous or medical termination of pregnancy for a birth defect.
"Birth defect" means an abnormality of structure, function, or body metabolism present at birth that adversely affects a child's health and development, results in a physical or mental disability, or is fatal.
"Institutional review board" means an institutional review board established in accordance with 7 Code of Federal Regulations 1c.107, 10 Code of Federal Regulations 745.107, 14 Code of Federal Regulations 1230.107, 15 Code of Federal Regulations 27.107, 16 Code of Federal Regulations 1028.107, 21 Code of Federal Regulations 56.107, 22 Code of Federal Regulations 225.107, 24 Code of Federal Regulations 60.107, 28 Code of Federal Regulations 46.107, 32 Code of Federal Regulations 219.107, 34 Code of Federal Regulations 97.107, 38 Code of Federal Regulations 16.107, 40 Code of Federal Regulations 26.107, 45 Code of Federal Regulations 46.107, 45 Code of Federal Regulations 690.107, or 49 Code of Federal Regulations 11.107.
"Registry" means a collection of data organized so that the information can be processed and made available for research.
"Research" means a systematic investigation designed to develop or contribute to generalizable knowledge.
"Researcher" means a person who is conducting research which has been approved or declared exempt by an institutional review board. [L 2002, c 252, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-42 Information collection.

§324-42 Information collection.
(a) Health care facilities and health care providers shall make available to the [birth defects program] information contained in health care records that pertain to birth defects or other adverse reproductive outcomes.
(b) Any person or public or private health care facility may provide information or other data or relevant material relating to individuals with birth defects or adverse reproductive outcomes to the [birth defects program] for inclusion in the birth defects registry.
(c) This part shall not apply if the parent, guardian, or other person having custody or control of the child objects on the grounds that the collection of the information conflicts with their religious beliefs. The written objection shall be made a part of the child's medical record.
(d) No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided information or material to the [birth defects program]. [L 2002, c 252, pt of §2]
Cross References
Birth defects program, see §321-422.
2023 Hawaii Revised Statutes › Title 19. Health › 324. Medical Research; Morbidity and Mortality Information › 324-43 Use of collected information.

§324-43 Use of collected information.
(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]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-1 Diseases or conditions declared communicable or dangerous to public health.

§325-1 Diseases or conditions declared communicable or dangerous to public health.
The director of health by rules adopted pursuant to chapter 91, may declare diseases or conditions to be communicable or dangerous to the public health. [L 1911, c 125, §3; RL 1925, §934; RL 1935, §1093; RL 1945, §2304; am L 1949, c 53, §29; RL 1955, §49-1; HRS §325-1; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; am L 1987, c 265, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-2 Physicians, laboratory directors, and health care professionals to report.

§325-2 Physicians, laboratory directors, and health care professionals to report.
Every physician or health care professional having a client affected by or suspected of being affected by a disease or condition declared to be communicable or dangerous to the public health by the director of health shall report the incidence or suspected incidence of such disease or condition to the department of health in writing or in the manner specified by the department of health. Every laboratory director having laboratory data regarding an individual affected by or suspected of being affected by a disease or condition declared to be communicable or dangerous to the public health shall report such diseases or conditions to the department of health in writing or in a manner specified by the health department; provided that the laboratory data reported to the department of health shall include the individual's complete demographic information, including name, date of birth, residential address, and phone number, obtained and confirmed at the time of specimen collection for the purposes of facilitating a public health investigation as necessary by the department of health. Every physician, laboratory director, or health care professional who violates this section 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. [PC 1869, c 59, §24; am L 1911, c 125, §1; am L 1919, c 22, §1; RL 1925, §932, pt of §1022; RL 1935, §1090; am L 1943, c 43, §5(b); RL 1945, §2301; am L 1949, c 53, §29; RL 1955, §49-2; am L Sp 1959 2d, c 1, §19; HRS §325-2; gen ch 1985; am L 1987, c 265, §2; am L 1988, c 158, §1; am L 2016, c 115, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-2.5 Health care-associated infection reporting.

§325-2.5 Health care-associated infection reporting.
(a) Each health care facility in the State that is certified by the Centers for Medicare and Medicaid Services shall report information about health care-associated infections to the Centers for Disease Control and Prevention's national healthcare safety network, as specified in the rules of the Centers for Medicare and Medicaid Services.
(b) Health care facilities subject to this section shall authorize the Centers for Disease Control and Prevention to allow the department to access health care-associated infection data reported by those health care facilities to the national healthcare safety network.
(c) The department may adopt rules pursuant to chapter 91 to require that health care-associated infections that are multidrug-resistant be reported to the department through the national healthcare safety network. The rules shall specify which health care facilities are required to report those health care-associated infections that are multidrug-resistant through the national healthcare safety network, as well as the patient populations that are to be targeted in the reports. The first year of reporting required under this subsection shall be a pilot test of the reporting system and shall not be reported or disclosed to the public.
(d) The department shall preserve patient confidentiality and shall not disclose to the public any patient-level data obtained from any health care facility.
(e) The department may issue reports to the public regarding health care-associated infections in aggregate data form to protect individual patient identity. The reports may identify individual health care facilities. The reports shall use the methodology or any part of the methodology developed by the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services for national reporting of health care-associated infections.
(f) Health care-associated infection information held by the department as a result of reporting under this section is not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; provided that health care-associated infection information otherwise available from other sources is not immune from subpoena, discovery, or introduction into evidence through those sources solely because the information was reported as required by this section.
(g) Beginning on June 30, 2013, and no later than June 30 of each year, thereafter, the department shall prepare a public report, in accordance with this section, containing information pertaining to health care-associated infections in the State for the previous calendar year.
(h) For the purposes of this section:
"Department" means the department of health.
"Health care facility" means the same as in section 323D-2. [L 2011, c 177, §2]
Revision Note
Section was enacted as an addition to chapter 321 but was renumbered to this chapter pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-3 Others to report.

§325-3 Others to report.
The director of health shall have the authority to determine which other persons shall report to the department of health communicable diseases or conditions dangerous to the public health. The director of health may assess an administrative fine not to exceed $1,000 per violation against persons who refuse or neglect to report immediately such diseases or conditions to the department of health. Persons assessed an administrative fine under this section shall not be subject to other sanctions provided by this chapter. [PC 1869, c 59, §25; am L 1911, c 125, §2; RL 1925, §933; RL 1935, §1091; RL 1945, §2302; RL 1955, §49-3; am L Sp 1959 2d, c 1, §19; HRS §325-3; am L 1987, c 265, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-4 Identity of patients safeguarded.

§325-4 Identity of patients safeguarded.
Reports to the department of health provided for by this chapter shall not be made public so as to disclose the identity of the persons to whom they relate except as necessary to safeguard the public health against those who disobey the rules relating to these diseases or to secure conformity to the laws of the State.
Reports to the department of health of persons who had or have diseases or conditions transmittable by blood or blood products may be disclosed by the department to any blood bank to enable it to reject as donors those individuals, any law to the contrary notwithstanding. In addition, the department may disclose to any blood bank information on persons suspected by physical symptoms, clinical examination, or laboratory evidence of having diseases or conditions transmittable by blood or blood products, any law to the contrary notwithstanding. [L 1927, c 117, §1; RL 1935, §1092; RL 1945, §2303; RL 1955, §49-4; am L Sp 1959 2d, c 1, §19; HRS §325-4; am L 1973, c 6, §1; am L 1987, c 264, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-5 Antitoxins, antiserums, vaccines, biologics, and drugs.

§325-5 Antitoxins, antiserums, vaccines, biologics, and drugs.
The department of health shall purchase from time to time out of moneys which may be available to it therefor, and keep on hand and available for administration under this section in the several counties to persons unable to pay for them, antitoxins, antiserums, vaccines, and other biologics and drugs of types and in a supply sufficient for the public health, welfare, and safety.
The antitoxins, antiserums, vaccines, biologics, and drugs shall by any physician of the department or of any such county be administered free of charge to any person who is in need of them and is unable to pay for them or shall be furnished free of charge to the attending physician of the person for use in the treatment of the person; provided that the person so benefited, or the person's estate, or personal representatives, if subsequently able to do so, may be required by the department to pay for any such antitoxin, antiserum, vaccine, biologic, or drug furnished free of charge to or for the person under this chapter. [L 1931, c 197, §1; RL 1945, §2305; am L 1945, c 191, §1; RL 1955, §49-5; am L Sp 1959 2d, c 1, §19; HRS §325-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-6 Epidemic control.

§325-6 Epidemic control.
Such appropriations as may be necessary for the purpose of controlling, suppressing, or preventing the spread of any communicable or preventable disease in the State or in any county thereof shall be allocated by the legislature out of the proceeds of the state general fund. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.
Whenever the department of health certifies that any communicable or preventable disease is present to such an extent that the usual facilities and personnel of the department are not adequate to properly control, suppress, or prevent the spread of the disease, expenditures may be made by the department, with the approval of the governor, for use, in whatever manner the department may deem necessary, in controlling, suppressing, or preventing the spread of any such disease. [L 1941, c 121, § §1, 2; am L 1943, c 43, §2; RL 1945, §2306; RL 1955, §49-6; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §19; HRS §325-6; am L 1993, c 280, §35]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-9 Quarantine without removal; duty of police officers to assist in removals and enforcement of quarantine.

§325-9 Quarantine without removal; duty of police officers to assist in removals and enforcement of quarantine.
If the department of health or its agent determines that the removal of the person infected or suspected of being infected would directly and seriously aggravate the disease so as to endanger the person's life, the department, or its agent may make provision for the person, as directed in section 325-8, in the house in which the person may be; and, in such case, the department or its agent may cause the persons in the neighborhood to be removed, and may take such other measures as it judges necessary for the public health and safety. The department or its agent, in effecting any removal or quarantine under this section or section 325-8, may require any sheriff, deputy sheriff, chief of police, or police officer to aid and assist it, and such force as is reasonably necessary to effect any such removal or quarantine may be used.
Every sheriff, deputy sheriff, chief of police, or police officer who is so required to aid and assist the department or its agent shall immediately aid and assist it. [PC 1869, c 59, §27; RL 1935, §1096; am L 1941, c 262, §2; RL 1945, §2308; RL 1955, §49-9; am L Sp 1959 2d, c 1, §19; HRS §325-9; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2005, c 29, §1; am L 2006, c 38, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-12 Common drinking cup prohibited.

§325-12 Common drinking cup prohibited.
The use of a common drinking cup is prohibited in all public places within the State. [L 1911, c 118, §4; RL 1925, §941; RL 1935, §1101; RL 1945, §2319; RL 1955, §49-12; HRS §325-12]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-13 Rules.

§325-13 Rules.
(a) For the purpose of carrying out this chapter, the director of health, with the approval of the governor, may adopt, amend, or repeal such rules as the director deems necessary which, when adopted in accordance with chapter 91, shall have the force and effect of law.
(b) The rules shall be designed to:
(1) Protect the health and safety of the public;
(2) Establish appropriate levels of access to Hawaii immunization registry information by authorized users;
(3) Establish data entry and reporting requirements for health care providers; and
(4) Establish penalties for the failure to comply with any rule. [L 1911, c 118, §17; RL 1925, §954; RL 1935, §1114; RL 1945, §2341; RL 1955, §49-13; am L 1965, c 96, §35; HRS §325-13; gen ch 1985; am L 2010, c 113, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-14 Penalty.

§325-14 Penalty.
Any person violating this chapter, or any rule or regulation of the department of health relating thereto, shall be deemed guilty of a misdemeanor. Except as herein otherwise provided the punishment therefor shall be the same as provided by section 321-18. [L 1911, c 118, §16; RL 1925, §953; RL 1935, §1113; am L 1943, c 43, §5(b)(2); RL 1945, §2342; RL 1955, §49-14; HRS §325-14]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-17 Quality assurance standards for HIV antibody testing.

§325-17 Quality assurance standards for HIV antibody testing.
(a) All laboratories performing screening and diagnostic tests for the presence of the antibody to HIV (human immunodeficiency virus) shall follow the recommended protocols as set forth below. Any test used for other than experimental purposes shall be approved by the Food and Drug Administration (FDA) of the United States for the use to which it is put. Any initially reactive FDA-approved screening test must be confirmed by a second test of the same type. Any specimen yielding reactive results to both FDA-approved screening tests must have a supplemental test performed such as a Western Blot, an IFA (immunofluorescence assay), or an antigen detection assay; provided that these standards may be superseded by rules adopted by the department pursuant to chapter 91.
(b) Any laboratory performing tests for the presence of HIV may be required by the department of health to refer a sample from any specimen yielding a reactive result to the department for the purpose of supplemental testing of some or all samples for quality assurance purposes. The department may specify the information which shall accompany the specimen for epidemiological purposes; provided that the information shall not include any personal identifiers.
(c) The penalty for any violation of this section shall be as specified in section 325-14. [L 1988, c 165, §2; am L 1997, c 217, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-18 Advisory committees for health care workers infected with blood-borne infections.

§325-18
Advisory committees for health care workers infected with blood-borne infections.
(a) The director of health may appoint ad hoc advisory committees as needed to provide advice and recommendations to health care workers infected with HIV, HBV, or other blood-borne infections on the risks of blood-borne disease transmission through exposure-prone invasive procedures. An advisory committee may recommend changes in a health care worker's practice, including patient notification, to reduce the possibility of transmission to patients. Each committee shall include:
(1) An infectious disease specialist with expertise appropriate to the case; and
(2) A professional peer of the infected health care worker, who has expertise in the professional practice performed by that worker.
The committee may also include the health care worker's personal physician and, if the worker's practice is facility-based, members of the facility's infection control committee. The department of health shall provide oversight and necessary staff support to the advisory committees when resources permit.
(b) An advisory committee shall serve only as long as necessary for the particular case or cases for which the committee is appointed, but its members may be named to subsequent committees as needed. Members of advisory committees shall serve without compensation, but shall be reimbursed for travel expenses as necessary by the department of health for the performance of their duties.
(c) Notwithstanding any law to the contrary, work of the advisory committees, including records, shall be confidential, except that a summary of non-identifying information and general policy recommendations may be made available to the public. All committee meetings shall be closed to the public. [L 1994, c 265, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-19 Rubella testing of pregnant women.

§325-19 Rubella testing of pregnant women.
Every person permitted by law to attend a pregnant woman in the State, during the period of gestation or at delivery, shall cause a blood specimen from that woman to be tested for immunity to rubella, except when the woman does not consent or there is documentation that the woman has been tested previously for immunity to rubella or has been immunized against rubella. [L 1995, c 153, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-20 Agreements; collaborative assistance in control of disease outbreaks.

§325-20 Agreements; collaborative assistance in control of disease outbreaks.
(a) The director may enter into agreements for collaborative assistance with licensed health care facilities and health care providers in the State to control an epidemic of a dangerous disease, which requires more physical facilities, materials, or personnel than the department has available.
(b) Whenever used in this section, unless a different meaning clearly appears from the context:
"Dangerous disease" means any illness or health condition that might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability.
"Department" means the department of health.
"Director" means the director of health.
"Epidemic" means the occurrence of cases of an illness clearly in excess of normal expectancy, as determined by the director.
"Health care facility" means a facility as defined in section 323D-2.
"Health care provider" means a provider as defined in section 323D-2.
(c) Under collaborative agreements, health care facilities or health care providers shall provide prophylactic and treatment services for the epidemic disease in collaboration with and under the general direction of the department and shall seek reimbursement from the individuals who receive medical care, the parties responsible for their care, or their health plans. Persons having health plan benefits shall be responsible for any copayments to the facilities or health care providers.
(d) The agreements may provide that the department shall use reasonable efforts to seek legislative appropriations to reimburse health care facilities and health care providers for the use of physical facilities, professional services, and materials provided to persons without health plan coverage.
(e) Except in cases of wilful misconduct, the following persons shall not be liable for the death of or injury to any person who is provided care pursuant to this section or for damage to property when resulting from any act or omission in the performance of such services:
(1) The State or any political subdivision;
(2) A health care facility or health care provider acting at the direction of the department under an agreement as provided in this section; and
(3) Persons engaged in disease prevention and control functions pursuant to this section or sections 325-8 and 325-9, including volunteers whose services are accepted by any authorized person. [L 2002, c 169, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-21 Sale of sterile syringes for the prevention of disease.

§325-21 Sale of sterile syringes for the prevention of disease.
(a) The sale of sterile hypodermic syringes in a pharmacy, physician's office, or health care institution for the purpose of preventing the transmission of dangerous blood-borne diseases, may be made solely by:
(1) A pharmacist licensed under chapter 461;
(2) A physician as defined in section 327E-2;
(3) A health care provider as defined in section 327E-2; or
(4) An authorized agent of a pharmacy, as defined in section 461-1, or of a health care institution, as defined in section 327E-2, operating under the direction of a licensed pharmacist or physician.
(b) The seller under subsection (a) shall provide the purchaser written educational material approved by the department of health under subsection (e) about prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes at sites where syringes are sold.
(c) The sale or purchase of sterile hypodermic syringes under subsection (a) shall not constitute an offense under section 329-43.5.
(d) Nothing in this section provides immunity from prosecution to any person who violates any law that prohibits or regulates the use, possession, dispensing, distribution, or promotion of controlled substances, dangerous drugs, detrimental drugs, or harmful drugs, including but not limited to violation of section 329-41, 329-42, or 712-1241 to 712-1249.6.
(e) The department of health shall produce and make available to pharmacies, physicians' offices, and health care institutions written educational material about prevention of blood-borne diseases, drug treatment, and safe disposal of used syringes for distribution under subsection (b).
(f) For purposes of this section, "sell" or "sale" means to transfer to another for value or consideration. [L 2001, c 292, §1; am L 2004, c 151, §2]
Cross References
Needle exchange program, see § §325-111 to 325-117.
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-32 Immunization against infectious diseases.

§325-32 Immunization against infectious diseases.
(a) The department of health may adopt rules requiring and governing immunization against typhoid fever, pertussis (whooping cough), diphtheria, tetanus, poliomyelitis, measles, mumps, hepatitis B, rubella, haemophilus influenzae type B, and any other communicable disease, if a suitable immunizing agent is available for the disease and a need for immunization against it exists within the State. The department may also provide vaccines and other immunizing agents to private and public health care providers for administration to the general public.
(b) The department may adopt, amend, or repeal rules pursuant to chapter 91 to establish a list of specific vaccines that are available or may become available. Notwithstanding the notice, public hearing, and comment requirements of chapter 91 and the provisions of chapter 201M, the director of health, in consultation with the state epidemiologist, may adopt, amend, or repeal as rules, the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices, including interim recommendations, as they apply to the list of specific vaccines, if any, described in this subsection. The department shall make the adoption, amendment, or repeal of rules regarding United States Department of Health and Human Services, Advisory Committee on Immunization Practices immunization recommendations known to the public by:
(1) Giving public notice of the substance of the proposed rules at least once statewide; and
(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.
The rules, when adopted or amended pursuant to chapter 91 as modified by this section, shall have the force and effect of law. The department may defer the effective date of adopted, amended, or repealed rules to allow sufficient time to ensure compliance with the new, amended, or repealed rules. [L 1945, c 171, pt of §1; RL 1955, §49-32; am L 1967, c 23, §2; HRS §325-32; am L 1974, c 6, §2(1); am L 1993, c 266, §2; am L 2013, c 231, §3]
Cross References
Insurance coverage for immunizations, see §431:10A-115.5, §431:10A-206.5, and §432:1-602.5.
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-33 Performance of vaccination and immunization.

§325-33 Performance of vaccination and immunization.
Vaccinations or immunizations required of any person under this chapter shall be performed by duly licensed physicians or paramedical personnel under their direction, advanced practice registered nurses, physician assistants, pharmacists pursuant to chapter 461, or by authorized representatives of the department of health. A record of the immunization shall be maintained by the physician, physician assistant, advanced practice registered nurse, or pharmacist and shall be available to the department of education for school entry requirements and the department of health. [L 1945, c 171, pt of §1; am L 1947, c 165, §1(a); RL 1955, §49-33; am L 1967, c 23, §3; HRS §325-33; am L 1998, c 60, §6; am L 2009, c 151, §12; am L 2019, c 218, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-34 Exemptions.

§325-34 Exemptions.
Section 325-32 shall be construed not to require the vaccination or immunization of any person for three months after a duly licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health has signed two copies of a certificate stating the name and address of the person and that because of a stated cause the health of the person would be endangered by the vaccination or immunization, and has forwarded the original copy of the certificate to the person or, if the person is a minor or under guardianship, to the person's parent or guardian, and has forwarded the duplicate copy of the certificate to the department for its files.
No person shall be subjected to vaccination, revaccination or immunization, who shall in writing object thereto on the grounds that the requirements are not in accordance with the religious tenets of an established church of which the person is a member or adherent, or, if the person is a minor or under guardianship, whose parent or guardian shall in writing object thereto on such grounds, but no objection shall be recognized when, in the opinion of the director of health, there is danger of an epidemic from any communicable disease. [L 1945, c 171, pt of §1; am L 1947, c 165, §1(b); RL 1955, §49-34; am L Sp 1959 2d, c 1, §19; am L 1967, c 23, §4; HRS §325-34; am L 1974, c 6, §2(2); gen ch 1985; am L 2009, c 151, §13; am L 2014, c 45, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-35 Forms and procedures.

§325-35 Forms and procedures.
The department of health may prescribe forms and procedures to achieve the purposes of sections 325-32 to 325-34 and shall maintain a complete roster of all exemptions from vaccination or immunization. [L 1945, c 171, pt of §1; am L 1947, c 165, §1(c); RL 1955, §49-35; am L 1967, c 23, §5; HRS §325-35; am L 1974, c 6, §2(3); am L 1997, c 217, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-36 Duty of adult, or of parent, guardian, or caregiver.

§325-36 Duty of adult, or of parent, guardian, or caregiver.
(a) Every adult person required to be immunized, or to do any other act, unless the person is a minor or incompetent, shall cause the immunization or other act to be performed.
(b) If the person is a minor or incompetent, the person's parent, or guardian having the person's care, custody, and control, shall cause the immunization or other related act to be performed.
(c) If reasonable efforts have been made to obtain consent from the person's parent or guardian, and consent is not obtainable because the parent or guardian cannot be located or contacted, a caregiver with whom the minor or incompetent person lives, or a non-custodial parent, may cause the immunization or other related act to be performed. [L 1945, c 171, pt of §1; RL 1955, §49-36; HRS §325-36; gen ch 1985; am L 1993, c 266, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-37 Fraud; wilful misrepresentation; failure to comply; penalties.

§325-37 Fraud; wilful misrepresentation; failure to comply; penalties.
Any person who by fraud or wilful misrepresentation circumvents or defeats or attempts to circumvent or defeat any purpose or provision of any of sections 325-32 to 325-34 or who, required by any provision of section 325-32, to be vaccinated or immunized, fails to be so vaccinated or immunized shall be fined not more than $25 or imprisoned not more than thirty days, or both. [L 1945, c 171, pt of §1; am L 1947, c 165, §1(d); RL 1955, §49-37; HRS §325-37; am L 1974, c 6, §2(4)]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-38 Immunization of indigent, medically indigent, and other persons.

§325-38 Immunization of indigent, medically indigent, and other persons.
(a) The department of health shall provide for the free immunization and vaccination of indigent and medically indigent persons and may provide such immunizations for others, especially children, of high risk and susceptibility as may be defined by the director through rules adopted pursuant to chapter 91, for their protection against the types of diseases that, in the discretion of the director, would be inimical to the health and lives of persons who may contract these diseases, including but not limited to diphtheria, pertussis, tetanus, polio, typhoid, measles, mumps, rubella, haemophilus influenza (systemic), hepatitis B, influenza, and pneumococcal disease, and against other diseases for which vaccines have and will have been developed in the future.
(b) As used in this section:
"Indigent person" means a person without adequate and proper means of subsistence to whom the department of human services is liable or responsible for support.
"Medically indigent person" means a person otherwise able to subsist but who, in the emergency of sickness, is not able to care for the extra expenses necessary to maintain or restore health.
(c) The director, through rules adopted in accordance with chapter 91, may define terms necessary to carry out the purposes of this section. [L 1965, c 128, §1; Supp, §49-38; HRS §325-38; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1993, c 362, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-51 Blood samples of pregnant women required.

§325-51 Blood samples of pregnant women required.
Every physician attending a pregnant woman in the State for conditions relating to the woman's pregnancy during the period of gestation or at delivery, shall, in the case of every woman so attended, take or cause to be taken one or more samples of the blood of the woman, except when the attending physician shall have evidence that a pregnant woman has met this requirement through a previous test for syphilis, and shall submit such samples to an approved laboratory for a standard serologic test for syphilis. Every other person permitted by law to attend pregnant women in the State, but not permitted by law to take blood samples, shall cause one or more samples of the blood of every pregnant woman attended by the person to be taken by a duly licensed physician or state certified laboratory, or any other person permitted by law to withdraw blood and shall have the samples submitted to an approved laboratory for a standard serologic test for syphilis. The samples of blood shall be taken at such times during the period of gestation as are designated by rules adopted by the department of health. Every pregnant woman shall permit the sample of the woman's blood to be taken as hereinabove provided. [L 1943, c 219, §1; RL 1945, §2310; RL 1955, §49-50; HRS §325-51; am L 1983, c 82, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-52 Serologic tests; reports.

§325-52 Serologic tests; reports.
For the purposes of this part a standard serologic test shall be a test for syphilis approved by the department of health and shall be made at a laboratory approved to make such tests by the department. Such laboratory tests as are required by this part shall be made on request without charge at the department laboratories. The department shall issue a "laboratory report form" to be distributed upon application to all laboratories approved to make tests called for in this section. Any laboratory making any such tests shall prepare the report thereof in triplicate. The original of the report shall be transmitted by the laboratory making the test to the certifying physician. The duplicate copy of such report shall be forwarded to the department. The triplicate shall be retained by the laboratory in its files and shall be open at any time for inspection by an authorized representative of the department. [L 1943, c 219, §2; RL 1945, §2311; am L 1945, c 105, §1; RL 1955, §49-51; am L Sp 1959 2d, c 1, §19; HRS §325-52]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-53 Reports of blood tests.

§325-53 Reports of blood tests.
In reporting a birth or fetal death, every physician or other person required to make such reports shall state, in a report accompanying the certificate, whether, according to the physician's or other person's knowledge or information, a blood test for syphilis has been made upon a specimen of blood taken from the woman who bore the child for which the birth or stillbirth certificate is filed and the approximate date when the specimen was taken. The department of health may investigate the circumstances surrounding the birth of any baby on whose mother no serologic test, as required by this part, appears to have been taken. Failure on the part of any physician or other person permitted by law to attend pregnant women to comply with this part may be punished by an administrative fine in an amount not to exceed $1,000 per violation, to be assessed by the director of health. The director of health is authorized to impose the penalty pursuant to this section. [L 1943, c 219, §3; RL 1945, §2312; RL 1955, §49-52; am L Sp 1959 2d, c 1, §19; HRS §325-53; gen ch 1985; am L 1988, c 158, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-54 Reports confidential; penalty.

§325-54 Reports confidential; penalty.
Any information secured from the tests or the reports in this part required to be made by persons having access to such tests or reports shall be used only in connection with their professional duties or within the scope and course of their employment, but not otherwise, and except to the extent required in connection with enforcement of the laws and ordinances of the State, and its political subdivisions, and valid rules and regulations adopted thereunder, which are for the protection of the public health, shall not be divulged to others than the doctor and other person permitted by law to attend and attending a pregnant woman, laboratory technicians, or the department of health and its duly authorized representatives. Any person violating this section shall be fined $500, or imprisoned not more than ninety days, or both. [L 1943, c 219, §4; RL 1945, §2313; RL 1955, §49-53; am L Sp 1959 2d, c 1, §19; HRS §325-54]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-55 Rules and regulations.

§325-55 Rules and regulations.
The department of health may, subject to the approval of the governor, adopt, promulgate, and enforce rules and regulations for the more effective enforcement of this part. [L 1943, c 219, §5; RL 1945, §2314; RL 1955, §49-54; am L Sp 1959 2d, c 1, §19; HRS §325-55]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-56 Penalty.

§325-56 Penalty.
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. [L 1943, c 219, §6; RL 1945, §2315; RL 1955, §49-55; am L Sp 1959 2d, c 1, §19; HRS §325-56; am L 1988, c 158, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-71 Reports by physicians and others.

§325-71 Reports by physicians and others.
(a) Every physician, and every individual in charge of an inpatient or outpatient health care facility, shall report in writing to the department of health the identity of and epidemiologic information concerning every person known or suspected to have tuberculosis and shall, upon request, provide to the department x-ray films and medical information from the record of any person known or suspected by the department to have tuberculosis.
(b) Every director of a laboratory identifying mycobacterium tuberculosis or organisms which may be mycobacterium tuberculosis in the sputum, body fluids, or tissues of any person, living or dead, shall submit a report of such examination in writing to the department of health.
(c) Release of information to the department of health pursuant to this section may be made without the prior informed consent of the individual to whom the information pertains.
(d) A report made by one of the above charged individuals does not absolve the others from their individual reporting responsibilities.
(e) The director of health may adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L 1911, c 118, §7; RL 1925, §944; RL 1935, §1104; RL 1945, §2322; RL 1955, §49-60; am L Sp 1959 2d, c 1, §19; HRS §325-71; am L 1983, c 81, §1; gen ch 1985; am L 1989, c 95, §1]