reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-36 Sheriff, salary.

§326-36 Sheriff, salary.
The salary of the sheriff shall be fixed and paid by the department of health out of the appropriation allowed by the legislature for the care and treatment of persons affected with Hansen's disease. [L 1905, c 39, §4; RL 1925, §1579; am L 1931, c 138, §1; am imp L 1933, c 118, § §1, 2; RL 1935, §2930; RL 1945, §2440; am L 1949, c 53, §27; am L 1951, c 157, §17; RL 1955, §50-37; am L Sp 1959 2d, c 1, §19; HRS §326-36; am L 1969, c 152, §9; am L 1981, c 185, §17; am L 1985, c 250, §15; am L 1989, c 97, §2 and c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-37 Sheriff, duties.

§326-37 Sheriff, duties.
The sheriff of the county of Kalawao shall preserve the public peace and shall arrest and take before the district judge for examination all persons who attempt to commit or who have committed a public offense and prosecute the same to the best of the sheriff's ability. [L 1905, c 39, §5; RL 1925, §1580; RL 1935, §2931; RL 1945, §2441; RL 1955, §50-38; HRS §326-37; am L 1970, c 188, §39; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-38 Sheriff, powers.

§326-38 Sheriff, powers.
The sheriff may appoint and dismiss and reappoint as many police officers as may be authorized by the department of health for the county. Patient residents, for the services rendered as police officers, shall receive pay as the department determines and which pay shall be taken out of and from the appropriation made by the legislature for the care and treatment of persons affected with Hansen's disease. The sheriff shall have other powers and duties within the county of Kalawao and appropriate thereto as are prescribed by law for the chiefs of police or police officers of the several counties respectively. [L 1905, c 39, §6; RL 1925, §1581; am L 1931, c 138, §1; am imp L 1933, c 118, § §1, 2; RL 1935, §2932; RL 1945, §2442; am L 1949, c 53, §28 and c 80, §1(7); am L 1951, c 157, §18; RL 1955, §50-39; am L Sp 1959 2d, c 1, §19; HRS §326-38; am L 1969, c 152, §10; am L 1977, c 191, §2; am L 1981, c 185, §18; am L 1985, c 250, §16; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-39 Penalty.

§326-39 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 1951, c 157, §19; RL 1955, §59-40; am L Sp 1959 2d, c 1, §19; HRS §326-39]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-40 Kalaupapa; policy on residency.

§326-40 Kalaupapa; policy on residency.
The legislature finds that Hawaii's Hansen's disease victims have in many ways symbolized the plight of those afflicted with this disease throughout the world. Their sufferings and social deprivations helped eventually to bring the story of the disease and an understanding of its health ravages to people everywhere. Those patients who settled in Kalaupapa remain a living memorial to a long history of tragic separation, readjustment, and endurance.
It is the policy of the State that the patient residents of Kalaupapa shall be accorded adequate health care and other services for the remainder of their lives. Furthermore, it is the policy of the State that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as that patient may choose, regardless of whether or not the patient has been successfully treated. A patient resident of Kalaupapa desiring to take leave may do so without loss of financial allowance or coverage of health care costs given those who remain at Kalaupapa. [L 1977, c 25, §2; am L 1981, c 185, §19; am L 1985, c 250, §17; am L 1992, c 156, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-1 to 327-9 REPEALED. § §327-1 to 327-14 REPEALED. §327-1 Short title.

§ §327-1 to 327-9 REPEALED.
L 1988, c 267, §2.
PART I. [OLD] UNIFORM ANATOMICAL GIFT ACT
§ §327-1 to 327-14 REPEALED.
L 2008, c 122, §4.
Note
L 2008, c 9, §3 purports to amend repealed §327-1.
[Part I.] REVISED UNIFORM ANATOMICAL GIFT ACT
§327-1 Short title.
This part may be cited as the "Revised Uniform Anatomical Gift Act". [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-4 Who may make an anatomical gift before donor's death.

§327-4
Who may make an anatomical gift before donor's death.
Subject to section 327-8, an anatomical gift of a donor's body or body part may be made during the life of the donor for transplantation, therapy, research, or education in the manner provided in section 327-5 by:
(1) The donor, if the donor is at least eighteen years of age or is under eighteen years of age and is:
(A) An emancipated minor, as deemed pursuant to section 577-25; or
(B) Authorized under a state law to apply for a driver's license under part VI of chapter 286;
(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) A parent of the donor, if the donor is under eighteen years of age and not emancipated; or
(4) The donor's guardian. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-5 Manner of making an anatomical gift before donor's death.

§327-5
Manner of making an anatomical gift before donor's death.
(a) A donor may make an anatomical gift:
(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) In a will; or
(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.
(b) A donor or other person authorized to make an anatomical gift under section 327-4 may make a gift by a donor card or other record signed by the donor or other person making the gift, or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or the other person and shall:
(1) Be witnessed by at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) State that it has been signed and witnessed as provided in paragraph (1).
(c) Revocation, suspension, expiration, or cancellation of the driver's license or identification card issued to a donor shall not invalidate an anatomical gift.
(d) An anatomical gift made by a will shall take effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death shall not invalidate the gift. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-6 Amending or revoking an anatomical gift before donor's death.

§327-6 Amending or revoking an anatomical gift before donor's death.
(a) Subject to section 327-8, a donor or other person authorized to make an anatomical gift under section 327-4 may amend or revoke an anatomical gift by:
(1) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to subsection (a)(1)(C) shall:
(1) Be witnessed by at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) State that it has been signed and witnessed as provided in paragraph (1).
(c) Subject to section 327-8, a donor or other person authorized to make an anatomical gift under section 327-4 may revoke the gift by the destruction or cancellation of the document of gift, or a portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a). [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-7 Refusal to make an anatomical gift and effect of refusal.

§327-7 Refusal to make an anatomical gift and effect of refusal.
(a) An individual may refuse to make an anatomical gift of the individual's body or body part by:
(1) A record signed by:
(A) The individual; or
(B) Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) The individual's will whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.
(b) A record signed pursuant to subsection (a)(1)(B) shall:
(1) Be witnessed by at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) State that it has been signed and witnessed as provided in paragraph (1).
(c) An individual may amend or revoke a refusal:
(1) In the manner provided in subsection (a) for making a refusal;
(2) By subsequently making an anatomical gift pursuant to section 327-5 that is inconsistent with the refusal; or
(3) By the destruction or cancellation of the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in section 327-8(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or a body part bars all other persons from making an anatomical gift of the individual's body or the body part. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-8 Preclusive effect of an anatomical gift, amendment, or revocation.

§327-8 Preclusive effect of an anatomical gift, amendment, or revocation.
(a) Except as otherwise provided in subsection (g), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or body part if the donor made an anatomical gift of the donor's body or body part under section 327-5, or an amendment to an anatomical gift of the donor's body or the body part under section 327-6.
(b) A donor's revocation of an anatomical gift of the donor's body or a body part under section 327-6 is not a refusal and shall not bar another person specified in section 327-4 or 327-9 from making an anatomical gift of the donor's body or a body part under section 327-5 or 327-10.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or a body part under section 327-5, or an amendment to an anatomical gift of the donor's body or a body part under section 327-6, another person may not make, amend, or revoke the gift of the donor's body or body part under section 327-10.
(d) A revocation of an anatomical gift of the donor's body or a body part under section 327-6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or a body part under section 327-5 or 327-10.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 327-4, an anatomical gift of a body part is neither a refusal to give another body part nor a limitation on the making of an anatomical gift of another body part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 327-4, an anatomical gift of a body part for one or more of the purposes set forth in section 327-4 is not a limitation on the making of an anatomical gift of the body part for any of the other purposes by the donor or any other person under section 327-5 or 327-10.
(g) If a donor who is an unemancipated minor dies under eighteen years of age, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or body part.
(h) If an unemancipated minor who signed a refusal dies under eighteen years of age, a parent of the individual who is reasonably available may revoke the individual's refusal. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-9 Who may make an anatomical gift of decedent's body or body part.

§327-9 Who may make an anatomical gift of decedent's body or body part.
(a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent's body or body part for purposes of transplantation, therapy, research, or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under section 327-4(2) immediately before the decedent's death;
(2) The spouse or reciprocal beneficiary of the decedent;
(3) Adult children of the decedent;
(4) Parents of the decedent;
(5) Adult siblings of the decedent;
(6) Adult grandchildren of the decedent;
(7) Grandparents of the decedent;
(8) An adult who exhibited special care and concern for the decedent;
(9) The persons who were acting as the guardian of the person of the decedent at the time of death; and
(10) Any other person having the authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in subsection (a)(l), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 327-11 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) No person may make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
(d) An anatomical gift may not be made if doing so is barred by section 327-7 or 327-8. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-10 Manner of making, amending, or revoking an anatomical gift of decedent's body or body part.

§327-10 Manner of making, amending, or revoking an anatomical gift of decedent's body or body part.
(a) A person authorized to make an anatomical gift under section 327-9 may make an anatomical gift by a document of gift signed by the person making the gift or that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (c), an anatomical gift by a person authorized under section 327-9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available; provided that any response other than an express, contrary indication regarding the decedent's anatomical gift shall prohibit amendment or revocation of an anatomical gift of the decedent's body or body parts. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 327-9 may be amended or revoked only if a majority of the reasonably available members of that class agree to the amending or revoking of the gift; provided that any response other than an express, contrary indication by the majority of the reasonably available members of that class regarding the decedent's anatomical gift shall prohibit amendment or revocation of an anatomical gift of the decedent's body or body parts.
(c) A revocation under subsection (b) is effective only if the procurement organization or transplant hospital or the physician or technician knows of the revocation before an incision has been made to remove a body part from the donor, or before invasive procedures have begun to prepare the recipient. [L 2008, c 122, pt of §1; am L 2010, c 156, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-12 Search and notification.

§327-12 Search and notification.
(a) The following persons shall make a reasonable search of an individual who the searcher reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
(2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-13 Delivery of document of gift not required; right to examine.

§327-13 Delivery of document of gift not required; right to examine.
(a) A document of gift need not be delivered during the donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 327-11. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-16 Sale or purchase of body parts prohibited.

§327-16 Sale or purchase of body parts prohibited.
(a) Except as otherwise provided in subsection (b), a person that knowingly, for valuable consideration, purchases or sells a body part for transplantation or therapy if removal of a body part from an individual is intended to occur after the individual's death commits a class C felony and upon conviction is subject to a fine not exceeding $50,000, imprisonment not exceeding five years, or both.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a body part. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-17 Penalty.

§327-17 Penalty.
Any person that, to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal to make an anatomical gift commits a class C felony and upon conviction is subject to a fine not exceeding $50,000, imprisonment not exceeding five years, or both. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-18 Immunity.

§327-18 Immunity.
(a) A person that acts in accordance with this part or with the applicable anatomical gift law of another state or attempts in good faith to do so is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) A person who documents the making, amending, or revoking of an anatomical gift under this part may rely upon representations of the individuals listed in section 327-9(a)(2),(3), (4), (5), (6), (7), and (8) relating to their relationship to the donor or prospective donor unless the person knows that the representation is untrue. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-19 Law governing validity; choice of law as to execution of document of gift; presumption of validity.

§327-19 Law governing validity; choice of law as to execution of document of gift; presumption of validity.
(a) A document of gift shall be valid if executed in accordance with:
(1) This part;
(2) The laws of the state or country where it was executed; or
(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, the laws of this State govern the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-20 Donor registry.

§327-20 Donor registry.
(a) The examiner of drivers shall adopt rules pursuant to chapter 91 to allow an organ procurement organization twenty-four-hour telephone access to the driver's license database information, solely for determining whether a driver has indicated a willingness to be an organ donor pursuant to section 286-109.5.
(b) The examiner of drivers shall cooperate with any donor registry that this State establishes, contracts for, or recognizes for transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.
(c) A donor registry shall:
(1) Provide a database that allows a donor or other person authorized under section 327-4 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and
(3) Be accessible for purposes of paragraphs (1) and (2) seven-days-a-week on a twenty-four-hour basis.
(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or the person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
(e) This section shall not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the State. However, the registry shall comply with subsections (c) and (d). [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-21 Effect of anatomical gift on advance health-care directive.

§327-21 Effect of anatomical gift on advance health-care directive.
(a) If a prospective donor has a declaration or advance health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a body part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or if the agent is not reasonably available, another person authorized by law other than this chapter to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 327-9. Before resolution of the conflict, measures necessary to ensure the medical suitability of the body part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
(b) As used in this section:
"Advance health-care directive" means a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor or a power of attorney for health care.
"Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn.
"Health-care decision" means any decision regarding the health care of the prospective donor. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-22 Cooperation between medical examiner or coroner and procurement organization.

§327-22 Cooperation between medical examiner or coroner and procurement organization.
(a) A medical examiner or coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research, or education.
(b) If a medical examiner or coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner or coroner and a post-mortem examination is going to be performed, unless the medical examiner or coroner denies recovery in accordance with section 327-23, the medical examiner or coroner or designee shall make a reasonable attempt to conduct a post-mortem examination of the body or the body part in a manner and within a period compatible with its preservation for the purposes of the gift.
(c) A body part may not be removed from the body of a decedent under the jurisdiction of a medical examiner or coroner for transplantation, therapy, research, or education unless the body part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner or coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner or coroner from performing the medicolegal investigation upon the body or body parts of a decedent under the jurisdiction of the medical examiner or coroner. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-24 Hawaii organ and tissue education special fund.

§327-24 Hawaii organ and tissue education special fund.
There is established in the state treasury the Hawaii organ and tissue education special fund. Moneys collected under section 286-109.7 shall be deposited into the fund. The fund shall be administered and distributed by the department of health and shall be used exclusively for public education programs and activities on organ, tissue, and eye donation. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-25 Uniformity of application and construction.

§327-25 Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-26 Relation to Electronic Signatures in Global and National Commerce Act.

§327-26 Relation to Electronic Signatures in Global and National Commerce Act.
This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et. seq., but shall not modify, limit, or supersede section 101(a) of that Act, 15 United States Code section 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 United States Code section 7003(b). [L 2008, c 122, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-21 to 327-24 REPEALED. §327-31 REPEALED.

§ §327-21 to 327-24 REPEALED.
L 1969, c 81, §2.
PART II. DISPOSITION OF DEAD HUMAN BODIES
Note
Part heading amended by L 2012, c 75, §2.
Revision Note
This part was renumbered from part III.
§327-31 REPEALED.
L 2012, c 75, §6.
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-32 Administration; duties of health officers.

§327-32 Administration; duties of health officers.
Every head officer of a hospital, nursing home, correctional facility, funeral parlor, or mortuary and every county medical examiner or coroner and every state or county officer, and every other person who has possession, charge, or control of any unclaimed dead human body that may undergo cremation as defined in section 531B-2 at public expense pursuant to section 346-15 shall:
(1) Exercise due diligence to notify the relatives and friends of the decedent, any representative of a fraternal society of which the deceased was a member, and any legally responsible party; and
(2) Submit in writing to the department of human services a description of the efforts used in making the determination that the dead human body is unclaimed in accordance with section 346-15, if payment for cremation is sought.
Nothing in this section shall be construed to affect the requirements relating to the filing of a certificate of death with the department of health pursuant to chapter 338. [L 1967, c 240, pt of §1; HRS §327-32; am L 2012, c 75, §3; am L 2022, c 294, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-36 Final disposition of anatomical gifts.

§327-36 Final disposition of anatomical gifts.
A person or procurement organization that holds a dead human body as a result of an anatomical gift shall, when the body is deemed of no further value for purposes of transplantation, therapy, research, or education, be responsible for the final disposition of that dead human body and all of its parts, except those parts used for transplantation. The person or procurement organization shall dispose of the remains by cremation as defined in section 531B-2, except as otherwise provided in section 327-14 or as directed in a document of gift, subject to any required disposition permits. [L 1967, c 240, pt of §1; HRS §327-36; am L 2012, c 75, §4; am L 2020, c 43, §3; am L 2022, c 294, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-38 Prohibitions; penalty.

§327-38 Prohibitions; penalty.
(a) No person shall give, offer, or promise any money or other things of value to any other person in consideration of receiving a dead human body.
(b) No person shall provide a dead human body to any other person in consideration of any money or other things of value, or any offer or promise of money or other things of value.
(c) No person shall display a dead human body for commercial purposes; provided that this subsection shall not apply to a display of a dead human body that:
(1) Has been dead for more than eighty years;
(2) Consists solely of human teeth or hair;
(3) Is part of the ordinary display or viewing of the deceased at a funeral establishment or part of a similar funeral or memorial service;
(4) Is an object of religious veneration;
(5) Is an object of research or educational display in the possession of any federal, state, or county agency, any public or private institution of higher learning accredited under federal or state law, or any private entity in receipt of a federal, state, or county grant for health-related research; or
(6) Is in the possession of a museum facility.
(d) Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than one year, or both.
(e) As used in this section:
"Dead human body" means:
(1) An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem; provided that the determination of death be made in accordance with accepted medical standards; and
(2) Includes plastinated human bodies or remains, including tissue, organs, and other body parts, that are preserved from decay by replacing the water and fats in the human remains with a polymer.
"Museum facility" means a public or private nonprofit institution that:
(1) Is accredited by the American Alliance of Museums or is part of an accredited college or university;
(2) Is organized on a permanent basis for essentially educational or aesthetic purposes; and
(3) Owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. [L 1967, c 240, pt of §1; HRS §327-38; am L 2009, c 118, §1; am L 2012, c 75, §5; am L 2023, c 17, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-39 Immunity from liability.

§327-39 Immunity from liability.
A person or public or private agency shall not be liable for any damage or subject to criminal prosecution for any act done pursuant to and in compliance with this part. [L 1967, c 240, pt of §1; HRS §327-39]
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-51 Exemption from strict liability.

Revision Note
This part was renumbered from part IV.
§327-51 Exemption from strict liability.
No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or otherwise transferring any tissue, organ, blood or component thereof, from one or more persons, living or dead, to another person, shall be liable as a result of any such activity, save and except that each such person or entity shall remain liable for the person's or its own negligence or wilful misconduct. [L 1971, c 102, §1; gen ch 1985]
Law Journals and Reviews
Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55 (1992).
Case Notes
Blood shield law precluded strict liability but not negligence claims of hemophiliac exposed to AIDS virus through injections of blood component, although actual tortfeasor was not identified, under market-share theory of liability. 72 H. 416, 823 P.2d 717 (1991); 971 F.2d 375 (1992).
2023 Hawaii Revised Statutes › Title 19. Health › 327. Medical and Research Use of Bodies › 327-52 Requests for anatomical gifts.

§327-52 Requests for anatomical gifts.
Any person in charge of a hospital, or the designated representative of the person in charge of the hospital, other than a person connected with the determination of death, may request any of the persons in section [327-9], in the order of priority stated, to give consent to the gift of all or any part of the decedent's body to any potential donee for any purpose provided in section [327-11]. [L 1986, c 118, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-4 Revocation of advance health-care directive.

§327E-4 Revocation of advance health-care directive.
(a) An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider.
(b) An individual may revoke all or part of an advance health-care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.
(c) A health-care provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health-care provider and to any health-care institution at which the patient is receiving care.
(d) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care.
(e) An advance health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive to the extent of the conflict. [L 1999, c 169, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-6 Decisions by guardian.

§327E-6 Decisions by guardian.
(a) A guardian shall comply with the ward's individual instructions and shall not revoke the ward's pre-incapacity advance health-care directive unless expressly authorized by a court.
(b) Absent a court order to the contrary, a health-care decision of a guardian appointed pursuant to chapter 560 takes precedence over that of an agent.
(c) A health-care decision made by a guardian for the ward is effective without judicial approval. [L 1999, c 169, pt of §1; am L 2004, c 161, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-8 Health-care information.

§327E-8 Health-care information.
Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health-care information. [L 1999, c 169, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-9 Immunities.

§327E-9 Immunities.
(a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1) Complying with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care;
(2) Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority; or
(3) Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated.
(b) An individual acting as agent, guardian, or surrogate under this chapter shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith. [L 1999, c 169, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-10 Statutory damages.

§327E-10 Statutory damages.
(a) A health-care provider or institution that intentionally violates this chapter shall be subject to liability to the individual or the individual's estate for damages of $500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.
(b) A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual's advance health-care directive or a revocation of an advance health-care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health-care directive, shall be subject to liability to that individual for damages of $2,500 or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees. [L 1999, c 169, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-11 Capacity.

§327E-11 Capacity.
(a) This chapter does not affect the right of an individual to make health-care decisions while having capacity to do so.
(b) An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive, and to designate or disqualify a surrogate. [L 1999, c 169, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-12 Effect of copy.

§327E-12 Effect of copy.
A copy of a written advance health-care directive, revocation of an advance health-care directive, or designation or disqualification of a surrogate has the same effect as the original. [L 1999, c 169, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-13 Effect of this chapter.

§327E-13 Effect of this chapter.
(a) This chapter shall not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health-care directive.
(b) Death resulting from the withholding or withdrawal of health care in accordance with this chapter shall not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary.
(c) This chapter shall not authorize mercy killing, assisted suicide, euthanasia, or the provision, withholding, or withdrawal of health care, to the extent prohibited by other statutes of this State; provided that this subsection shall not apply to actions taken under chapter 327L.
(d) This chapter shall not authorize or require a health-care provider or institution to provide health care contrary to generally accepted health-care standards applicable to the health-care provider or institution.
(e) This chapter shall not authorize an agent or surrogate to consent to the admission of an individual to a psychiatric facility as defined in chapter 334, unless the individual's written advance health-care directive expressly so provides.
(f) This chapter shall not affect other statutes of this State governing treatment for mental illness of an individual involuntarily committed to a psychiatric facility. [L 1999, c 169, pt of §1; am L 2000, c 42, §1; am L 2018, c 2, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-14 Judicial relief.

§327E-14 Judicial relief.
On petition of a patient, the patient's agent, guardian, or surrogate, or a health-care provider or institution involved with the patient's care, any court of competent jurisdiction may enjoin or direct a health-care decision or order other equitable relief. A proceeding under this section shall be governed by part 3 of article V of chapter 560. [L 1999, c 169, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327E. Uniform Health-Care Decisions Act (Modified) › 327E-15 Uniformity of application and construction.

§327E-15 Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 1999, c 169, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 327G. Advance Mental Health Care Directives › 327G-1 Purpose.

§327G-1 Purpose.
The State finds that all competent persons have the fundamental right to control decisions relating to their own mental health care, including the decision to accept or refuse all types of mental health treatment. The rights of individuals shall be respected when they have lost the capacity to participate actively in decisions regarding themselves or their mental health care and treatment. The laws of the State of Hawaii shall recognize the right of persons eighteen years of age or older and emancipated minors to make a written advance mental health care directive expressing their preferences and instructions regarding mental health care and treatment, including the consent to, or refusal of, that care and treatment, and to designate an agent or alternate agents to make mental health care decisions on behalf of the individual, when that individual later loses the capacity to make those decisions due to a mental illness. [L 2004, c 224, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 327G. Advance Mental Health Care Directives › 327G-4 Revocation of advance mental health care directive.

§327G-4 Revocation of advance mental health care directive.
(a) A principal who has capacity at the time may revoke all or part of an advance mental health care directive, including the designation of an agent or alternate agents, at any time and in any manner that communicates intent to revoke. The principal shall give notice of the revocation to a health care provider, supervising health care provider, health care institution, agent, or guardian.
(b) A health care provider, agent, or guardian who is informed of a revocation shall promptly communicate the fact and extent of the revocation to the supervising health care provider and to any health care institution in which the principal is a patient or resident.
(c) A revocation is effective when notice of the revocation is received by the supervising health care provider or health care institution. The supervising health care provider or health care institution shall promptly record the fact and extent of the revocation, including the date and time of the revocation, in the principal's medical record.
(d) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent, unless otherwise specified in the decree or in the advance mental health care directive.
(e) An advance mental health care directive that conflicts with an earlier advance mental health care directive revokes the earlier directive to the extent of the conflict. [L 2004, c 224, pt of §2]