reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-72 Examination of sputum.

§325-72 Examination of sputum.
The bacteriologist of the department of health, when so requested by any physician, or by the authorities of any hospital or dispensary, shall make, or cause to be made, a microscopical examination of the sputum forwarded to the bacteriologist as that of a person having symptoms of tuberculosis, which shall be forwarded to the officer accompanied by a blank giving name, age, sex, nationality, occupation, place where last employed, if known, and address of the person whose sputum it is. The bacteriologist shall promptly make a report of the results of the examination, free of charge, to the physician or person upon whose application the same is made. [L 1911, c 118, §8; RL 1925, §945; RL 1935, §1105; RL 1945, §2323; RL 1955, §49-61; am L Sp 1959 2d, c 1, §19; HRS §325-72]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-73 Protection of record; penalty.

§325-73 Protection of record; penalty.
The department of health shall cause all reports made in accordance with the provisions of section 325-71, and also all results of examinations showing the presence of the bacilli of tuberculosis, made in accordance with section 325-72, to be recorded in a register. The register shall remain in the care, custody, and control of the department. The department may disclose the contents of any such report or record to relatives or officials of social and welfare organizations in the State. The information disclosed to such officials shall not be divulged by them so as to disclose the identity of any person to whom it relates.
Any person who violates this section shall be fined not more than $1,000. [L 1911, c 118, §9; RL 1925, §946; am L 1929, c 202, §1; RL 1935, §1106; RL 1945, §2324; RL 1955, §49-62; am L Sp 1959 2d, c 1, §19; HRS §325-73]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-74 Physicians; precautions; instructions.

§325-74 Physicians; precautions; instructions.
A physician attending a patient having tuberculosis shall take all proper precautions and give proper instructions to provide for the safety of all individuals occupying the same house or apartment. [L 1911, c 118, §13; RL 1925, §950; RL 1935, §1110; RL 1945, §2328; RL 1955, §49-66; HRS §325-74]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-75 Reporting recovery of patient.

§325-75 Reporting recovery of patient.
Upon the recovery of any person having tuberculosis, the attending physician shall make a report of this fact to the department of health or its agent, who shall record the same, and shall relieve the person from further liability to any requirement imposed by this part. [L 1911, c 118, §15; RL 1925, §952; RL 1935, §1112; RL 1945, §2330; RL 1955, §49-68; am L Sp 1959 2d, c 1, §19; HRS §325-75]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-76 Examinations for tuberculosis.

§325-76 Examinations for tuberculosis.
(a) Examinations for tuberculosis required or recommended by the department of health, including skin tests, x-rays, and other tests as may be appropriate for tuberculosis control purposes, shall be provided by the department at no charge.
(b) If any person suspected of having communicable tuberculosis by the department of health refuses to complete the examinations ordered by the department after having been notified by the department that such examinations are necessary, any court of competent jurisdiction, upon application to the court by the department, may order the person to be examined in a manner and by a facility acceptable to the department of health. [L 1947, c 79, §1; RL 1955, §49-69; am L Sp 1959 2d, c 1, §19; HRS §325-76; am L 1986, c 117, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-77 Notice.

§325-77 Notice.
The department of health shall conduct such examinations at such places throughout the State as it deems advisable after the giving of a public notice of the time and place the examinations are to be held. [L 1947, c 79, §2; am L 1949, c 60, §1; RL 1955, §49-70; am L Sp 1959 2d, c 1, §19; HRS §325-77]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-78 Test and treatment for tuberculosis.

§325-78 Test and treatment for tuberculosis.
(a) The department of health may establish charges and collect fees for any diagnostic, medical, or treatment services relating to tuberculosis treatment or control; provided that the department shall not refuse to provide diagnostic, medical, or treatment services relating to tuberculosis treatment or control to any patient due to the patient's inability to pay for the service relating to tuberculosis treatment or control. Voluntary payments, contributions, or gifts for such purposes may be received, but shall not be requested or solicited from any patient or any of the patient's relatives, by the department.
(b) This section shall not prohibit the department from contracting with one or more other public or private agencies or persons for tests, diagnostic procedures, medical care, chemotherapy, or hospitalization of persons in reference to tuberculosis for specified fees or charges, or from accepting, holding, expending, or using voluntary payments, assignment of medical insurance payments, contributions, or gifts for purposes consistent with the terms or conditions of the payments, contributions, or gifts. [L 1949, c 90, §1; RL 1955, §49-71; am L Sp 1959 1st, c 13, §2; am L Sp 1959 2d, c 1, §19; am imp L 1961, c 26, §1; HRS §325-78; am L 1976, c 8, §2; gen ch 1985; am L 1992, c 28, §1]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-91 Blood transfusion; hepatitis.

§325-91 Blood transfusion; hepatitis.
In the procuring, furnishing, donating, processing, distributing or using of human whole blood, plasma, blood products or blood derivatives for the purpose of injecting or transfusing in the human body, there shall be no implied warranty that the blood, plasma, products or derivatives are free from the virus of serum hepatitis as long as there is no known scientific test to detect the virus of serum hepatitis. [L 1969, c 185, §1]
Cross References
Advisory committees for infected health care workers, see §325-18.
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-92 Prenatal hepatitis B screening and treatment of newborns.

§325-92 Prenatal hepatitis B screening and treatment of newborns.
The department of health may adopt rules necessary to provide appropriate hepatitis B screening of pregnant women, including reporting and follow-up procedures for newborns of hepatitis B carrier mothers. The department may provide medications necessary for the treatment of newborns of indigent and medically indigent carrier mothers. [L 1987, c 13, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-102 Civil penalty.

§325-102 Civil penalty.
Any person or institution who wilfully violates any provision of this part shall be fined not less than $1,000 nor more than $10,000 for each violation plus reasonable court costs and attorney's fees as determined by the court, which penalty and costs shall be paid to the person or persons whose records were released. [L 1986, c 161, pt of §1; am L 1989, c 377, §2; am L 1992, c 162, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-103 Custodian of records.

§325-103 Custodian of records.
No officer or employee of the department of health shall be examined in any civil, criminal, special, or other proceeding as to the existence or content of any individual's records retained by the department pursuant to this part, or as to the existence or contents of such reports received from any private physician or private health facility, without written consent of the affected individual. [L 1986, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-104 Responsibility to report.

§325-104 Responsibility to report.
Notwithstanding any other law to the contrary, no provision in this part shall be construed so as to diminish, limit, or eliminate the responsibility of any person to report HIV infection, ARC, or AIDS to the proper authorities pursuant to section 325-2. [L 1986, c 161, pt of §1; am L 1988, c 290, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-111 Definitions.

Cross References
Sale of sterile syringes for prevention of disease, see §325-21.
§325-111 Definitions.
As used in this part, unless the context otherwise requires:
"Department" means the department of health.
"Director" means the director of health.
"Participant" means an injection drug user who exchanges a sterile needle and syringe unit pursuant to the program.
"Program" means the sterile needle and syringe exchange program. [L 1992, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-112 Sterile needle and syringe exchange program established.

§325-112 Sterile needle and syringe exchange program established.
The director of health may establish a sterile needle and syringe exchange program. The program shall be administered by the director or the director's designees. The director is authorized to designate private providers of service to operate the program.
[L 1992, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-113 Operation of the program.

§325-113 Operation of the program.
(a) The program shall be operated for the purpose of:
(1) Preventing the transmission of the human immunodeficiency virus, the hepatitis B virus, and other blood borne diseases; and
(2) Providing injection drug users with referrals to appropriate health and social services.
(b) The program shall provide for maximum security of exchange sites and equipment, including a full accounting of the number of needles and syringes in use, the number in storage, and any other measure that may be required to control the use and dispersal of sterile needles and syringes; provided that a participant may exchange used needles and syringes at any exchange site if more than one site is available.
(c) The program shall provide for a one-to-one exchange, whereby the participant shall receive one sterile needle and syringe unit in exchange for each used one.
(d) The program shall provide procedures for the screening of participants to prevent non-injection drug users from participating in the programs.
(e) The department shall keep records to identify and authorize persons employed by the department or its designees to have access to needles, syringes, or the program's records.
(f) The program shall include services to:
(1) Educate the participant about the dangers of contracting HIV infection through needle-sharing practices; and
(2) Offer substance abuse treatment referral and counseling services to all participants.
(g) The program shall compile research data on behavioral changes, enrollment in drug abuse treatment, counseling, and education programs, disease transmission, and other information that may be relevant and useful to assist in the planning and evaluation of efforts to combat the spread of blood borne diseases.
[L 1992, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-114 Criminal liability.

§325-114 Criminal liability.
(a) Exchanges under the sterile needle and syringe exchange program shall not constitute an offense under section 329-43.5 for the participant or for the employees of the department or its designees.
(b) Nothing in this part provides immunity from prosecution to any person for violation of any law prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances, dangerous drugs, detrimental drugs, or harmful drugs. Nothing in this part provides immunity from prosecution to any person for violation of sections 329-41, 329-42, or 712-1241 through 712-1249.6.
[L 1992, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-115 Program oversight committee.

§325-115
Program oversight committee.
The director shall appoint a sterile needle exchange program oversight committee to provide assistance and advice in the oversight of the program. The committee shall meet periodically with the director to monitor the progress and effectiveness of the program and to examine available data compiled by the program.
[L 1992, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-116 Reports.

§325-116 Reports.
The department, on or before January 1 of each year, shall submit a report to the oversight committee. The report shall include:
(1) Information as to the number of participants served and the number of needles and syringes distributed;
(2) A demographic profile of the participants served, including but not limited to:
age, sex, ethnicity, area of residence, occupation, types of drugs used, length of drug use, and frequency of injection;
(3) Impact of the program on needle and syringe sharing and other high risk behavior;
(4) Data on participants regarding HIV testing, counseling, drug treatment, and other social services, including referrals for HIV testing and counseling and for drug abuse treatment;
(5) Impact on the transmission of HIV infection among injection drug users;
(6) Impact on behaviors that caused participants to be at risk for HIV transmission such as frequency of drug use and needle sharing;
(7) An assessment of the cost-effectiveness of the program versus direct and indirect costs of HIV infection; and
(8) Information on the percentage of persons served through treatment programs for injection drug users funded through the department that were attributed to needle exchange referrals.
The report shall address the strengths and weaknesses of the program, the advisability of its continuation, amendments to the law, if appropriate, and other matters that may be helpful to the oversight committee in evaluating the program's efficacy.
[L 1992, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-117 Termination of the program.

§325-117 Termination of the program.
The director may terminate the program at any time if the program does not serve its intended purpose, presents a risk to the public health, safety, or welfare, or is no longer necessary.
[L 1992, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-121 Definitions.

§325-121 Definitions.
As used in this part:
"Health care provider" means a program, agency, clinic, health care center, physician licensed under the provisions of chapter 453, advanced practice registered nurse licensed under the provisions of chapter 457, pharmacist licensed under the provisions of chapter 461, physician's assistant licensed under the provisions of chapter 453, person authorized to practice medicine as a physician or physician's assistant, or nursing as an advanced practice registered nurse, in federal facilities located in the State, that administers immunizations in Hawaii, or any other person authorized to prescribe vaccinations in Hawaii.
"Health organization" means a health insurance company, fraternal benefit society governed by article 2 of chapter 432, mutual benefit society governed by article 1 of chapter 432, health care service plan or health maintenance organization governed by chapter 432D, or any other entity delivering or issuing for delivery in the State accident and health or sickness insurance as defined in section 431:1-205.
"Immunization assessment report" means any registry-produced report designed to provide a detailed listing of the immunizations an individual has received as well as immunizations that are currently due or overdue. Immunization assessment reports may also include aggregate reports produced to monitor and improve the health of a specific population or public health in general.
"Post-secondary school" means any adult education school, business school, trade school, community college, college, or university enrolling or registering students above the age of compulsory attendance.
"Registry" means the Hawaii immunization registry.
"School" means any child care center, preschool, day care center, day nursery, head start program, group child care home, kindergarten, elementary, intermediate, middle, or secondary school that is responsible for ensuring student compliance with mandatory school immunization entrance requirements.
"Student" means any child or adult enrolled in any school or post-secondary school in the State. [L 2010, c 113, pt of §1; am L 2012, c 275, §1; am L 2015, c 35, §42]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-122 Hawaii immunization registry; establishment and purposes.

§325-122 Hawaii immunization registry; establishment and purposes.
The department of health may establish and maintain an immunization information system to be designated as the Hawaii immunization registry. The purposes of the registry shall be to maintain a single statewide repository of immunization records to aid, coordinate, and help promote efficient and cost-effective screening, prevention, and control of vaccine-preventable diseases, including pandemic influenza. [L 2010, c 113, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-123 Confidentiality and content of registry records.

§325-123 Confidentiality and content of registry records.
(a) All immunization records and reports made for the purposes of this part that directly or indirectly identify a person shall be kept confidential and shall not be disclosed by any person unless:
(1) The person identified, the person's legal guardian, or in the case of a minor, the minor's parent or legal guardian consents;
(2) Disclosure is deemed necessary by the director of health to carry out this chapter;
(3) A court directs upon its determination that disclosure is necessary for the conduct of proceedings before it;
(4) The disclosure is made between the person's health care provider and payor to obtain reimbursement for services rendered to the person; provided that disclosure shall be made only if the provider informs the person that a reimbursement claim will be made to the person's payor, the person is afforded an opportunity to pay the reimbursement directly, and the person does not pay; or
(5) The department of health releases aggregate immunization information that does not disclose any identifying information of persons whose information is maintained in the registry.
(b) Registry information shall be limited to patient name, demographic information, and contact information; information specific to immunizations or medications received by the patient, including types, manufacturers, lot numbers, expiration dates, anatomical sites of administration, routes of administration, vaccine information statement publication dates, doses, dates administered, the patient's history of vaccine-preventable diseases, and contraindications, precautions, adverse reactions to, or comments regarding immunizations or medications; and the name and contact information of the vaccination administrator or medication provider and the patient's health care provider.
(c) The department of health shall adopt administrative, physical, and technical measures to ensure the security of the registry; protect the confidentiality, integrity, and availability of registry data; and prevent unauthorized access to registry information. [L 2010, c 113, pt of §1; am L 2012, c 275, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-125 Registry record requirements; duration of retention.

§325-125 Registry record requirements; duration of retention.
(a) The establishment of an individual's record in the registry shall not require the prior consent of a patient or the consent of a patient's parent or legal guardian in the case of a minor or dependent.
(b) The department of health shall make available to the patient or the patient's parent or legal guardian in the case of a minor or dependent, via the patient's health care provider or birthing hospital, a written description of the purpose and benefits of the registry as well as the procedure for refusing inclusion in the registry.
(c) A patient's, or in the case of a minor, the minor's parent's or legal guardian's, choice to refuse inclusion in the registry shall be documented in writing on a form or in a format approved by the department of health.
(d) Each health care provider or birthing hospital shall maintain the records of refusal of inclusion and shall report any refusal to the department of health in a manner specified by rule.
(e) When a patient, or in the case of a minor, the minor's parent or legal guardian, chooses to refuse inclusion in the registry, minimal demographic information, including the patient's name and date of birth, shall be maintained within the registry system to identify the patient as having elected to refuse inclusion in the registry. If the patient has an existing record in the registry at the time that the refusal documentation is submitted, all other patient demographic and immunization information shall be removed from the registry.
(f) All registry authorized users shall make available for inspection by the department of health all medical records relating to patient demographic and immunization information recorded in the registry or documentation of the patient's, or in the case of a minor, the minor's parent's or legal guardian's refusal of inclusion in the registry for the purposes of performing registry-related quality improvement or quality assessment activities.
(g) Registry information for any individual included within the registry shall be retained as a part of the registry for twenty-five years after the last entry, except in the case of minors, whose records shall be retained during the period of minority plus twenty-five years after the minor reaches the age of majority. At the conclusion of the retention period, the data stored in the registry for that individual shall be archived. [L 2010, c 113, pt of §1; am L 2012, c 275, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 325. Infectious and Communicable Diseases › 325-126 Civil and criminal liability.

§325-126 Civil and criminal liability.
(a) Authorized users of the registry shall not be subject to civil liability for damages by reason of:
(1) Providing information to the registry in good faith; or
(2) Accessing and using information from the registry in good faith for the purposes specified in section 325-124.
(b) Any person who intentionally or knowingly discloses registry information contrary to the confidentiality provisions of this part shall be guilty of a misdemeanor. [L 2010, c 113, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-1 Establishment of facilities for the treatment and care of persons with Hansen's disease.

§326-1 Establishment of facilities for the treatment and care of persons with Hansen's disease.
The department of health, subject to the approval of the governor, shall establish and maintain facilities and services as are necessary for the care and treatment of persons with Hansen's disease and persons who were institutionalized for segregation by order of the department of health because of Hansen's disease.
Every such facility or service provider shall exercise every reasonable effort to effect a cure of those persons. All such persons shall be cared for as well as circumstances will permit, in accordance with accepted medical practices. Every patient shall be encouraged to take complete treatment so that prompt recovery can be attained. Isolation and treatment shall be compulsory only in those cases where, in the opinion of the department, that treatment is necessary to protect the health of the public, and the department may take such measures as may be necessary to enforce this section, including the adoption of rules pursuant to chapter 91. [L 1909, c 81, §1; RL 1925, §1183; am L 1931, c 139, §5; am imp L 1933, c 118, §2; RL 1935, §1140; RL 1945, §2401; am L 1949, c 53, §1; am L 1951, c 157, §1; am L 1953, JR 41, §5; RL 1955, §50-1; am L Sp 1959 2d, c 1, §19; HRS §326-1; am L 1969, c 152, §2; am L 1981, c 185, §3; am L 1985, c 250, §2; am L 1992, c 156, §3]
Cross References
General excise tax exemption, see §237-23.
Income tax exemption, see §235-7.
Case Notes
Segregation of Hansen's disease sufferers legal. 5 H. 162 (1884).
See also case notes to §326-3.
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-1.3 Liberty, autonomy, and dignity of patient residents.

§326-1.3 Liberty, autonomy, and dignity of patient residents.
(a) In recognition of the disruptions and hardships experienced over the course of their lives by former Hansen's disease patients residing at Kalaupapa, the legislature declares its intent to ensure that all residents at Kalaupapa are treated with dignity, respect, courtesy, and sensitivity and that the protections extended by this chapter to the patient residents at Kalaupapa are honored and upheld by the department of health to the extent possible within their purview.
(b) Notwithstanding any other law to the contrary, the department of health shall promote and protect the personal liberty, autonomy, and dignity of all patient residents at Kalaupapa. [L 2005, c 37, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-1.5 Patients living in the community; policy on services.

§326-1.5 Patients living in the community; policy on services.
It is the policy of the State that all persons who were institutionalized for segregation by order of the department of health because of Hansen's disease and who live in the community shall be accorded adequate health care and other medical treatment and services for the remainder of their lives as provided under sections 326-1 and 326-13, as long as they reside in the State; provided that the department of health shall be the payor of last resort for medical treatment and services not related to the treatment and care of Hansen's disease.
[L 1992, c 156, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-2 Equal treatment of patients.

§326-2 Equal treatment of patients.
Every Hansen's disease sufferer at Hale Mohalu and Kalaupapa shall be accorded as nearly equal care and privileges as is practicable under the different operating conditions of the two institutions. [L 1953, JR 41, §7; RL 1955, §50-2; HRS §326-2; am L 1969, c 152, §1; am L 1981, c 185, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-3 Care in other hospitals, homes, etc.

§326-3 Care in other hospitals, homes, etc.
Notwithstanding any law relating to this subject matter, the department of health may make arrangements for the care and treatment of any person within the State at any hospital, nursing home, or other residential facility in the State, either public or private, and bear all expenses of the hospitalization and treatment and any other necessary expenses in the same manner as though the person were staying at any facility for the care and treatment of persons with Hansen's disease established under section 326-1. Any moneys at any time appropriated for the care of patients or maintenance of a facility established under section 326-1 may be used by the department to pay any hospital, nursing home, or other residential facility with which the department has made those arrangements. When those arrangements have been made the other provisions of this chapter relating to the examination, care, treatment, and discharge of patients shall apply to the institution and patient involved in the same manner as they apply to a facility established under section 326-1. [L 1949, c 392, §1; am L 1951, c 157, §2; RL 1955, §50-3; am L Sp 1959 2d, c 1, §19; HRS §326-3; am L 1969, c 152, §1; am L 1981, c 185, §5; am L 1985, c 250, §3; am L 1992, c 156, §4]
Case Notes
Sections 326-1 and 326-3, taken together, appear to authorize patient transfers at will. While Hale Mohalu residents would have only "unilateral expectation" to services at that facility, entitlement to treatment at some facility requires due process protection. State may not reduce services to leprosy patients to point of imperiling life or imposing severe hardship without pretermination hearing. Transfer of Hale Mohalu patients may work such reduction due to phenomenon of "transfer trauma". 616 F.2d 407, 410 (1980).
State decision to close Hale Mohalu and transfer patients. 720 F.2d 564 (1983).
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-4 Officers and employees; sickness and accident; expense.

§326-4 Officers and employees; sickness and accident; expense.
In case any officer or employee of the department of health becomes ill or is injured at the facility at Kalaupapa and, in the opinion of the physician of the facility, or in the absence of the physician an authorized agent of the department of health, suitable medical, hospital, nursing, or other services or facilities are not available there, the department shall incur and pay the reasonable and necessary expenses of removing and transporting the officer or employee to and from a place within the State where suitable hospital facilities or treatment can be secured. [L 1941, c 108, §1; RL 1945, §2405; RL 1955, §50-6; am L Sp 1959 2d, c 1, §19; HRS §326-4; am L 1968, c 63, §2; am L 1969, c 105, §1; am L 1985, c 250, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-5 Appropriations, how spent.

§326-5 Appropriations, how spent.
All moneys at any time appropriated for the upkeep, support, maintenance, and conduct of any hospital, facility, or place for persons affected with Hansen's disease, shall be expended under the supervision and authority and by the order of the department of health, upon vouchers signed by the director of health. [L 1931, c 139, §4; am L 1933, c 118, §1; RL 1935, §1144; RL 1945, §2406; am L 1949, c 53, §3; am imp L 1949, c 109; RL 1955, §50-7; am L Sp 1959 2d, c 1, §19; HRS §326-5; am L 1969, c 152, §1; am L 1981, c 185, §6; am L 1985, c 250, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-11 Voluntary transfer to and from Kalaupapa.

§326-11 Voluntary transfer to and from Kalaupapa.
Any person undergoing treatment and receiving care for Hansen's disease at Hale Mohalu on June 30, 1969, may be transferred to Kalaupapa for care and treatment if the person desires. Any person who may undergo treatment and receive care for Hansen's disease at Hale Mohalu after June 30, 1969, may apply to the director of health for transfer to Kalaupapa. Any person undergoing treatment and receiving care for Hansen's disease at Kalaupapa may be transferred to Hale Mohalu for care and treatment if the person desires. A person transferred may be retransferred to Kalaupapa if the person desires. [L 1953, JR 41, §1; RL 1955, §50-13; am L Sp 1959 2d, c 1, §19; HRS §326-11; am L 1969, c 152, §4; am L 1981, c 185, §8; am L 1985, c 250, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-13 Expenses; rules.

§326-13 Expenses; rules.
(a) The department of health shall bear all expenses of travel and other necessary expenses incurred under sections 326-1 to 326-14 and may adopt all rules and forms and perform all acts necessary and proper for carrying out their provisions.
(b) Expenses related to patients shall be tracked separately from nonpatient costs, whenever appropriate and possible. [L 1909, c 81, §8; RL 1925, §1190; RL 1935, §1152; RL 1945, §2414; RL 1955, §50-15; am L Sp 1959 2d, c 1, §19; HRS §326-13; am L 2004, c 232, §3]
Note
Sections 326-6 to 326-10, 326-12, and 326-14 referred to in text are repealed.
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-21 Employment of patients.

§326-21 Employment of patients.
At any facility for the care and treatment of persons with Hansen's disease, the department of health, with the consent of a patient, may employ that patient to perform labor or service.
When there are vacancies in positions, classified under chapter 76, at a facility exclusively for the care and treatment of persons with Hansen's disease, employment preference shall be given to temporary release patients and discharged patients from those facilities provided that the persons so hired shall be otherwise qualified under chapter 76.
Discharged patients who have been employed prior to December 30, 1960, under chapter 76 in accordance with the second paragraph of this section shall be eligible to receive the same rights and privileges as those enjoyed by temporary release patients employed under the second paragraph of this section. [L 1937, c 108, §1; RL 1945, §2424; am L 1951, c 157, §11; am L 1953, c 241, §1; RL 1955, §50-24; am L 1957, c 10, §1; am L Sp 1959 2d, c 1, §19; am L 1961, c 13, §1; HRS §326-22; am L 1969, c 152, §1; am L 1974, c 115, §2; am L 1981, c 185, §10; ren and am L 1983, c 183, §2; am L 1985, c 250, §8; am L 1992, c 156, §5; am L 2000, c 253, §150]
Case Notes
Existence or nonexistence of Hansen's disease not to be determined collaterally in habeas corpus proceedings. 19 H. 218 (1908).
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-22 Compensation of patient employees.

§326-22 Compensation of patient employees.
The compensation for patients employed under section 326-21 shall be set by the department of health; provided that in no case shall the compensation be less than the minimum wage as established by section 387-2.
Each patient employee of the department shall be entitled to and granted sick leave with pay and a vacation with pay each calendar year, each calculated at the following rate:
For patients working six hours a day, one and one-half days for each month of service;
For patients working five hours a day, one and one-quarter days for each month of service;
For patients working four hours a day, one day for each month of service.
A month of service is defined as eighty or more hours of work which may be accumulated over any period of time to total eighty hours. No more than twelve months of service may be earned and credited in any calendar year, even if the total number of hours worked should exceed nine hundred sixty hours. [PC 1869, c 62, §5; am L 1929, c 149, pt of §1; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1945, §2423; am L 1945, c 159, §1; am L 1949, c 371, §1 and c 378, §1; RL 1955, §50-23; am L 1959, c 146, §1; am L Sp 1959 2d, c 1, §19; am L 1962, c 28, §32; HRS §326-21; am L 1968, c 34, §2; am L 1974, c 115, §1; ren and am L 1983, c 183, §3; am L 1989, c 66, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-23 Pensions for patient employees at facilities.

§326-23 Pensions for patient employees at facilities.
(a) All patient employees or patient laborers at every facility maintained for the treatment and care of persons with Hansen's disease shall be entitled, upon retirement after twenty years or more service with the department of health, to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the monthly wage or salary which the patient was receiving at the time of retirement, or to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the average monthly wage or salary which the patient employee was receiving during the last twelve months of employment at the department of health, whichever is higher. For the period from July 1, 2007, to June 30, 2008, the pension amounts shall be adjusted as follows:
(1) Retired patient employees receiving less than $4,000 annually shall be granted a five per cent increase;
(2) Retired patient employees receiving $4,000 or more but less than $5,000 annually shall be granted a four per cent increase; and
(3) Retired patient employees receiving $5,000 or more annually shall be granted a 2.5 per cent increase.
For the period from July 1, 2008, to June 30, 2009, all retired patient employees shall be granted a 2.5 per cent increase. Thereafter, the pension amounts shall remain as adjusted effective for the period ending June 30, 2009.
(b) Patient employees may use service with any state department or agency not exceeding five years which has not been credited under the state retirement system in lieu of service with a facility maintained for the treatment and care of persons with Hansen's disease to satisfy the requirements of subsection (a); provided that the service shall be authenticated by official records of the department where service was performed.
(c) When work is available at Kalaupapa which may be fulfilled by patient residents of the facility under section 326-21 and there are no applicants for those positions from among the eligible patients, pensioned patients who are in residence at Kalaupapa may be reemployed, not to exceed nineteen hours per week, without relinquishing the pension granted to them under this section. Furthermore, notwithstanding any other law relating to this subject, that reemployment shall not result in suspension or termination of payment of the pension granted originally or serve to increase, decrease, or alter the pension in any way. [L 1945, c 229, §1; am L 1949, c 53, §16; am L 1951, c 157, §12; RL 1955, §50-25; am L 1957, c 57, §1; am L Sp 1959 2d, c 1, §19; HRS §326-23; am L 1970, c 43, §1; am L 1979, c 18, §1; am L 1981, c 185, §11; am L 1985, c 250, §9; am L 1992, c 156, §6; am L 2008, c 49, §1]
Attorney General Opinions
District magistrate of Kalawao is not in "service with the board of health". Att. Gen. Op. 63-21.
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-24 Rules.

§326-24 Rules.
The director of health may adopt rules pursuant to chapter 91 necessary for the conduct of all matters pertaining to Hansen's disease, the treatment and care thereof, and other services provided to persons affected with Hansen's disease, and the full and complete governance of the county of Kalawao, except as limited by this chapter. [L 1870, c 33, pt of §1; RL 1925, §1199; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1162; RL 1945, §2425; am L 1949, c 53, §17; am L 1951, c 157, §13; RL 1955, §50-26; am L 1965, c 96, §36; HRS §326-24; am L 1969, c 152, §6; am L 1981, c 185, §12; am L 1985, c 250, §10]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-25 Accounts, reports.

§326-25 Accounts, reports.
The department of health shall keep an accurate and detailed account of all sums of money expended by it. The department shall report to the legislature at its regular sessions, such expenditures in detail, together with such information regarding Hansen's disease as it may deem to be of interest to the public. [PC 1869, c 62, §7; RL 1925, §1200; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1163; RL 1945, §2426; am L 1949, c 53, §18; RL 1955, §50-27; am L Sp 1959 2d, c 1, §19; HRS §326-25; am L 1969, c 152, §1; am L 1982, c 147, §15]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-25.5 Annual report.

§326-25.5 Annual report.
The department of health shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that addresses the following with regard to Kalaupapa Settlement:
(1) The department's provision of medical and basic living needs of the patients;
(2) The department's progress toward defining and addressing the nonmedical needs of patients;
(3) The department's progress toward promoting a positive living environment;
(4) The department's management of state resources, including benefits given to employees that are not statutorily defined;
(5) The department's progress toward establishing written policies and procedures for Kalaupapa store;
(6) The department's progress toward establishing and maintaining a complaint file and adequately addressing complaints;
(7) The performance of the administrator, including compliance with job duties;
(8) The department's progress toward adequate accountability of state property; and
(9) Details and justification of approved employee air travel requests and trail pay. [L 2004, c 232, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-26 Persons allowed at places for Hansen's disease patients.

§326-26 Persons allowed at places for Hansen's disease patients.
(a) No person, not having Hansen's disease, shall be allowed to visit or remain upon any land, place, or inclosure set apart by the department of health for the domiciles and community facilities of persons affected with Hansen's disease, without the written permission of the director of health, or some officer authorized thereto by the department, under any circumstances whatever, and any person found upon such land, place, or inclosure without a written permission shall be fined not less than $10 nor more than $100 for such offense; provided that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as the person may choose, regardless of whether the person has been successfully treated.
(b) Notwithstanding subsection (a), upon the request of a patient, the non-patient-spouse of a patient residing at Kalaupapa shall be allowed to reside with the patient-spouse at Kalaupapa. The non-patient-spouse shall not be entitled to receive any services or benefits accorded specifically to Hansen's disease patients at Kalaupapa. [L 1870, c 33, pt of §1; am L 1903, c 8, §2; RL 1925, §1201; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1164; RL 1945, §2427; am L 1949, c 53, §19; RL 1955, §50-28; am L Sp 1959 2d, c 1, §19; HRS §326-26; am L 1969, c 152, §1; am L 1977, c 25, §3; am L 1981, c 185, §13; am L 1982, c 147, §16; am L 1985, c 250, §11; am L 1996, c 2, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-27 Kalaupapa store; loans for operation and maintenance.

§326-27 Kalaupapa store; loans for operation and maintenance.
(a) All moneys to enable the department of health to operate and maintain the Kalaupapa store, situated in Kalaupapa, Molokai, shall be allocated by the legislature through appropriations out of the state general fund.
(b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.
(c) All moneys received in reimbursement of payments made under this section shall be deposited to the credit of the state general fund. [L 1915, c 15, §1; RL 1925, §1202; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1165; RL 1945, §2428; RL 1955, §50-29; am L Sp 1959 2d, c 1, §19; HRS §326-27; am L 1993, c 280, §38]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-28 Kalaupapa store prices; penalty.

§326-28 Kalaupapa store prices; penalty.
It shall be unlawful for the department of health or its agents to sell or offer for sale any merchandise at the Kalaupapa store at prices exceeding the actual cost thereof, free on board steamer or any other means of transportation at Honolulu. Any person violating this section shall be fined $25 and in addition thereto shall, in the discretion of the department, be subject to removal from office. [L 1927, c 245, § §1, 2; am imp L 1931, c 139, §5; am imp L 1933, c 118, §1; RL 1935, §1166; RL 1945, §2429; am L 1949, c 80, §1(4); RL 1955, §50-30; am L Sp 1959 2d, c 1, §19; HRS §326-28]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-29 Fishing laws exemption; Kalaupapa.

§326-29 Fishing laws exemption; Kalaupapa.
Notwithstanding any provision of law to the contrary, state laws on fishing shall not be applicable to Hansen's disease patients of Kalaupapa, provided the patients engage in fishing along the shorelines and in waters immediately adjacent to the county of Kalawao.
No fish or other marine products obtained by patients may be sold outside of the county of Kalawao.
The department of health shall adopt rules pursuant to chapter 91 necessary to control all fishing and acquisition of marine products by Hansen's disease patients. [L 1957, c 106, § §1 to 3; am L Sp 1959 2d, c 1, §19; Supp, §50-41; HRS §326-29; am L 1969, c 152, §1; am L 1981, c 185, §14; am L 1985, c 250, §12]
Cross References
Fishing regulations, generally, see chapter 188, part II.
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-30 Making or taking of pictures without permission prohibited.

§326-30 Making or taking of pictures without permission prohibited.
(a) No person shall photograph, film, or videotape any patient at any facility maintained by the department of health for the care and treatment of persons with Hansen's disease, without the written permission of the patient.
(b) Any person violating this section shall be fined not more than $1,000 per incident. [L 1923, c 78, § §1, 2; RL 1925, §1203; am L 1925, c 98, §1; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1167; RL 1945, §2430; am L 1949, c 80, §1(5); am L 1951, c 157, §14; RL 1955, §50-31; HRS §326-30; am L 1969, c 152, §7; am L 1981, c 185, §15; am L 1985, c 250, §13; am L 1992, c 156, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-33 Damien Memorial Chapel.

§326-33 Damien Memorial Chapel.
The Father Damien Memorial Chapel at Kalawao, Molokai, and the premises and graveyard thereof are hereby declared to be a public memorial to Father Damien. [L 1935, c 38, §1; RL 1945, §2437; RL 1955, §50-34; HRS §326-33]
Cross References
Saint Damien deVeuster Day, see §8-8.
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-34 County of Kalawao; governance.

§326-34 County of Kalawao; governance.
(a) The county of Kalawao shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement, and shall not be or form a portion of the county of Maui, but is constituted a county by itself. As a county it shall have only the powers especially conferred and given by sections 326-34 to 326-38 and, except as provided in those sections, none of the provisions of the Hawaii Revised Statutes regarding counties shall be deemed to refer to or shall be applicable to the county of Kalawao.
(b) The county of Kalawao shall be under the jurisdiction and control of the department of health and be governed by the laws, and rules relating to the department and the care and treatment of persons affected with Hansen's disease, except as otherwise provided by law. [L 1905, c 39, §2; RL 1925, §1577; am L 1931, c 138, §1; am imp L 1933, c 118, § §1, 2; RL 1935, §2928; RL 1945, §2438; am L 1949, c 53, §26; am L 1951, c 157, §15; RL 1955, §50-35; am L Sp 1959 2d, c 1, §19; HRS §326-34; am L 1969, c 152, §8; am L 1981, c 185, §16; am L 1988, c 263, §10]
Cross References
District of Kalawao, see §4-1.
2023 Hawaii Revised Statutes › Title 19. Health › 326. Hansen's Disease › 326-35 Sheriff, appointment, removal.

§326-35 Sheriff, appointment, removal.
There shall be no county officer in the county other than a sheriff, who shall be a patient resident of and be appointed in the county by the department of health and who shall hold office at the pleasure of the department or until a successor is appointed by the department. When a qualified patient resident is not available, the department may appoint a staff employee or other qualified person to serve as sheriff. [L 1905, c 39, §3; am L 1911, c 134, §1; RL 1925, §1578; am L 1931, c 138, §1; am imp L 1933, c 118, § §1, 2; RL 1935, §2929; RL 1945, §2439; am L 1951, c 157, §16; RL 1955, §50-36; am L Sp 1959 2d, c 1, §19; HRS §326-35; am L 1985, c 250, §14; am L 1989, c 97, §1 and c 211, §10; am L 1990, c 281, §11]