reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-162 Criteria for administrative authorization process.

§334-162 Criteria for administrative authorization process.
[See Note at part heading.]
(a) A patient who is in the custody of the director and in a psychiatric facility may be ordered to receive medical treatment over the patient's objection through an administrative authorization process that includes the following due process safeguards:
(1) The facility shall give notice to the patient of the authorization process and the reasons for initiating the process;
(2) The administrative panel shall consist of three members with relevant clinical training and experience, and who are not involved with the current treatment of the patient;
(3) The patient shall have the right to attend the hearing, receive assistance from an advisor, cross examine witnesses, and present testimony, exhibits, and witnesses; and
(4) The patient shall have the right to appeal the decision of the administrative panel.
(b) The administrative process described by this section is exempt from the contested case requirements of sections 91-8.5 to 91-15.
(c) The department may adopt rules, pursuant to chapter 91, to effectuate this part. [L 2017, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment › 334B-1 Purpose.

§334B-1 Purpose.
The legislature finds and declares that the purposes of this chapter are to:
(1) Promote the delivery of quality health care in a cost-effective manner;
(2) Foster greater coordination between health care providers, third-party payors, and others who conduct utilization review and managed care activities;
(3) Protect patients, employers, and health care providers by ensuring that review agents are qualified to perform utilization review and managed care activities and to make informed decisions on the appropriateness of care;
(4) Protect patients' health care interests through public access to the criteria and standards used in utilization review and managed care activities;
(5) Ensure the confidentiality of patients' medical or psychological records in the utilization review and managed care activities in accordance with applicable state and local laws; and
(6) Provide for nondiscriminatory utilization review of treatments for all mental health, alcohol, or drug abuse problems. [L 1991, c 95, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment › 334B-2 Definitions.

§334B-2
Definitions.
As used in this chapter:
"Director" means the director of health.
"Health care provider" means any person, corporation, facility, or institution licensed by this State to provide health care services, including but not limited to a physician, hospital or other health care facility, nurse, psychologist, or substance abuse counselor, and officer, employee, or agent of such provider acting in the course and scope of employment or agency related to health care services.
"Health care services" means diagnosis, treatment, medical or psychological evaluation or advice, or other acts as permissible under the health care licensing statutes of this State.
"Physician" means a person licensed to practice medicine under chapter 453.
"Psychologist" means a person licensed to practice psychology under chapter 465.
"Review agent" means a hospital or nonhospital-affiliated person or entity performing utilization review or managed care that is either affiliated with, under contract with, or acting on behalf of:
(1) A business entity in this State; or
(2) A third party that provides or administers hospital, medical, psychological, or other health care benefits to citizens of this State, including a health insurer, nonprofit health service plan, health insurance service organization, health maintenance organization, or preferred provider organization authorized to offer health insurance policies or contracts in this State.
"Utilization review" or "managed care" means a system for reviewing the appropriate and efficient allocation of mental health, alcohol, or drug abuse treatment services given or proposed to be given to a patient or group of patients for the purpose of recommending or determining whether such services should be reimbursed, covered, or provided by an insurer, plan or other entity or person.
"Utilization review plan" means a description of the criteria and standards governing utilization review or managed care activities performed by a review agent. [L 1991, c 95, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment › 334B-4 Waiver.

§334B-4 Waiver.
This chapter shall not apply to a review agent that operates under contract with the federal government for utilization review activities relating to recipients and health care providers under Title XVIII of the Social Security Act, Title XIX of the Social Security Act, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). [L 1991, c 95, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment › 334B-5 Confidentiality.

§334B-5 Confidentiality.
A review agent may not disclose or publish individual medical or psychological records or any other confidential medical or psychological information obtained in the performance of utilization review or managed care activities. [L 1991, c 95, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment › 334B-6 Penalty for violation.

§334B-6 Penalty for violation.
Any person or agency who violates any provision of this chapter or any rule adopted pursuant to this chapter or who submits any false information shall be guilty of a misdemeanor and upon conviction shall be subject to a penalty of not more than $1,000. [L 1991, c 95, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment › 334B-7 Appeal by aggrieved party.

§334B-7 Appeal by aggrieved party.
Any person aggrieved by a final decision of the complaint resolution panel in a contested case under this chapter may appeal to the director. [L 1991, c 95, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334B. Utilization Review and Managed Care of Mental Health, Alcohol, or Drug Abuse Treatment › 334B-8 Annual report.

§334B-8 Annual report.
The director shall submit an annual report to the governor and the legislature at least twenty days prior to the convening of each regular session concerning the conduct of review agents that have been reported to the complaint resolution panel. The report shall include an analysis of complaints filed against agents by patients or their representatives, or providers. [L 1991, c 95, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334D. Diversion Program for Chemically Dependent Nurses › 334D-1 Findings and purpose.

§334D-1 Findings and purpose.
The purpose of this chapter is to establish a diversion program for nurses with chemical dependency problems and to place the program under the oversight of the board of nursing. The intent of the diversion program established by this chapter is to develop a voluntary alternative to traditional disciplinary actions that provides adequate protections for the public health, safety, and welfare. [L 1993, c 106, pt of §1; am L 2010, c 54, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334D. Diversion Program for Chemically Dependent Nurses › 334D-2 Definitions.

§334D-2 Definitions.
As used in this chapter, unless the context requires otherwise:
"Board" means the board of nursing.
"Chemically dependent" means a condition wherein a nurse's cognitive, interpersonal, or psychomotor skills are affected by the habitual or intemperate use of alcohol or drugs, or both.
"Diversion program" means a program administered by professionals to assist chemically dependent nurses in obtaining evaluation, counseling, monitoring, and ongoing support for rehabilitative purposes.
"Nurse" means a person who has been or is currently licensed under chapter 457.
"Peer assistance program" means a program administered by professionals for the purpose of assisting nurses who are chemically dependent in obtaining evaluation, counseling, monitoring of progress, and ongoing support for rehabilitative purposes.
"Professional association" means a national or statewide association or committee of professionals, or a nonprofit organization operated in support of a professional association that is recognized by the board and designated to administer and monitor the diversion program. [L 1993, c 106, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334D. Diversion Program for Chemically Dependent Nurses › 334D-3 Diversion program.

§334D-3 Diversion program.
(a) There is established a diversion program for chemically dependent nurses which shall be administered and monitored by a professional association or other entity approved by the board. The function of the diversion program shall be to assess and, where appropriate, rehabilitate chemically dependent nurses whose competencies may be impaired and to provide treatment so that nurses are able to return to or continue the practice of nursing in a manner that is beneficial to the public.
(b) The board shall adopt rules in accordance with chapter 91 setting forth the requirements for program approval and maintenance.
(c) Participation in the diversion program shall be voluntary.
(d) If a nurse is subject to penalties, including revocation, suspension, or limitation of license and fines, and desires to effect a compromise settlement, the regulated industries complaint office and the nurse may enter into a settlement agreement subject to approval and order of the board and acceptance by the diversion program.
(e) The names of nurses who fail to comply with the terms and conditions of the diversion program shall be reported to:
(1) The executive officer of the board; and
(2) The regulated industries complaints office,
within three business days after the failure to comply becomes known to the individuals monitoring the nurse and the individual designated by the monitoring entity to report the failure to comply.
(f) Nurses who participate in the diversion program pursuant to this chapter shall provide evidence verified by licensed professional health care providers of successful completion of all terms and conditions of the program and of sufficient rehabilitation to safely practice nursing, as provided by rules adopted by the board pursuant to chapter 91.
(g) A nurse who fully complies with this chapter and the rules adopted by the board pursuant to this chapter, and who completes all the requirements of a diversion program approved by the board, shall not be subject to further disciplinary action by the board for the cause described in section 457-12(a)(4).
(h) A nurse admitted to the diversion program who fails to comply with the requirements of this chapter, the rules adopted by the board pursuant to this chapter, or the requirements of the diversion program may be subject to disciplinary action in accordance with section 457-12 and chapter 436B. [L 1993, c 106, pt of §1; am L 2010, c 54, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 334D. Diversion Program for Chemically Dependent Nurses › 334D-4 Civil immunity of third persons.

§334D-4 Civil immunity of third persons.
(a) A person, entity, professional association, peer assistance program, diversion program, or employer who, in good faith, reports information or takes action in connection with a diversion program or peer assistance program, shall be immune from civil liability for reporting the information or taking the action.
(b) A person, entity, or organization that employs a chemically dependent nurse in connection with the nurse's rehabilitation shall be entitled to civil immunity under this section while the nurse is participating in the peer assistance program or diversion program unless the person, entity, or organization:
(1) Knows or should have known that the nurse is or was incapable of performing the job functions involved; or
(2) Fails to take reasonable precautions to monitor the nurse's job performance.
(c) Any professional association, person, entity, or employer acting under this chapter shall be presumed to have acted in good faith in actions relating to the peer assistance program or diversion program. A person alleging a lack of good faith shall have the burden of proof on this issue.
(d) The immunity provided by this section shall be in addition to other immunities provided by law and shall be liberally construed to accomplish the purpose of this chapter. [L 1993, c 106, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334D. Diversion Program for Chemically Dependent Nurses › 334D-5 §334D-5

§334D-5
Records.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
All records of a nurse participating in a diversion program that are not required by law to be reported to the board or the regulated industries complaints office and do not involve disciplinary action by those entities shall be privileged and shall not be subject to discovery or subpoena by any person or entity other than a law enforcement agency investigating the conduct of the nurse, the board, or the regulated industries complaints office.
For purposes of this section:
"Law enforcement agency" means any county police department, the department of public safety, and any federal, state, or county public body that employs law enforcement officers.
"Law enforcement officer" means any public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. L 1993, c 106, pt of §1; am L 2010, c 54, §4
§334D-5
Records.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
All records of a nurse participating in a diversion program that are not required by law to be reported to the board or the regulated industries complaints office and do not involve disciplinary action by those entities shall be privileged and shall not be subject to discovery or subpoena by any person or entity other than a law enforcement agency investigating the conduct of the nurse, the board, or the regulated industries complaints office.
For purposes of this section:
"Law enforcement agency" means any county police department, the department of law enforcement, and any federal, state, or county public body that employs law enforcement officers.
"Law enforcement officer" means any public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. [L 1993, c 106, pt of §1; am L 2010, c 54, §4; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 334E. Rights of Recipients of Mental Health Services › 334E-1 Informed consent.

§334E-1 Informed consent.
(a) Before any nonemergency treatment for mental illness can commence, informed consent, as required by section 671-3 and as defined by the Hawaii medical board pursuant to the authority vested in it by that section, shall be obtained from the patient, or the patient's guardian, if the patient is not competent to give informed consent.
(b) A signed consent form reflecting the proceeding shall be obtained and maintained as part of the patient's record. [L 1980, c 272, pt of §1; am L 2008, c 9, §3]
Case Notes
Where defendant doctor never properly established at trial the "therapeutic privilege exception" to the requirement that informed consent be obtained before starting patient on antipsychotic medication, trial court erred in refusing to instruct jury concerning the tort of negligent failure to provide informed consent. 98 H. 470, 50 P.3d 946 (2002).
2023 Hawaii Revised Statutes › Title 19. Health › 334E. Rights of Recipients of Mental Health Services › 334E-3 Investigation procedures.

§334E-3 Investigation procedures.
(a) In an investigation pursuant to section 334E-2(c), the department of health may:
(1) Make inquiries and obtain information as deemed necessary;
(2) Enter without notice to inspect the premises of a psychiatric facility; provided that such entry shall be authorized by the department in writing and that such authorization shall be furnished upon entry to the person in charge of the facility; and
(3) Hold private hearings.
(b) The department of health shall maintain secrecy in respect to all matters including the identities of the complainants or witnesses, except so far as disclosures may be necessary to enable it to carry out duties and to support recommendations. [L 1987, c 158, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334E. Rights of Recipients of Mental Health Services › 334E-4 Powers.

§334E-4 Powers.
Subject to the privileges which witnesses have in the courts of this State, the department of health in an investigation pursuant to section 334E-2(c) may:
(1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the department of health reasonably believes may be able to give information relating to a matter under investigation; and
(2) Compel any person to produce documents, papers, or objects which the department of health reasonably believes may relate to a matter under investigation.
The department of health may bring suit in an appropriate state court to enforce these powers. [L 1987, c 158, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334E. Rights of Recipients of Mental Health Services › 334E-5 Penalty for obstruction.

§334E-5 Penalty for obstruction.
A person who wilfully hinders the lawful actions of the department of health pursuant to an investigation carried out under section 334E-2(c), or wilfully refuses to comply with its lawful demands, may be fined up to $1,000. [L 1987, c 158, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 335. Interstate Compact on Mental Health › 335-2 Compact administrator.

§335-2 Compact administrator.
Pursuant to the compact, the director of health shall be the compact administrator and the officer who, acting jointly with like officers of other party states, may promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this State and its subdivisions in facilitating the present administration of the compact or of any supplementary agreement or agreements entered into by this State thereunder. [L 1967, c 114, §2; HRS §335-2]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 19. Health › 335. Interstate Compact on Mental Health › 335-3 Supplementary agreements.

§335-3 Supplementary agreements.
The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to article VII and XI of the compact. If the supplementary agreements require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service. [L 1967, c 114, §3; HRS §335-3]
2023 Hawaii Revised Statutes › Title 19. Health › 335. Interstate Compact on Mental Health › 335-4 Payment of state obligations.

§335-4 Payment of state obligations.
The compact administrator, subject to the approval of the comptroller, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder. [L 1967, c 114, §4; HRS §335-4]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-1 Cooperation, U.S. immigration.

§336-1 Cooperation, U.S. immigration.
The director of health shall cooperate with the government of the United States in arranging for the deportation of all alien public charges admitted to or hospitalized at the state hospital. [L 1927, c 235, §1; RL 1935, §1010; am L 1939, c 203, §3; RL 1945, §3821; RL 1955, §84-1; am L Sp 1959 2d, c 1, §19; HRS §336-1]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-2 Nonresident public charges.

§336-2 Nonresident public charges.
The director of health shall also return all nonresident public charges admitted to or hospitalized at the hospital to the states in which they may have a legal residence. For the purpose of facilitating the return of such persons, the director may enter into reciprocal agreements with the proper boards, commissions, or officers of other states for the mutual exchange of such public charges whose legal residence is in another state, and the director may file written permission for the return of any residents of the State now confined in a public institution in another state, corresponding to any institution coming within the definition of state hospitals for the insane, or in which they were under detention, not having been lawfully discharged therefrom. [L 1927, c 235, §2; RL 1935, §1011; am L 1939, c 203, §3; RL 1945, §3822; RL 1955, §84-2; am L Sp 1959 2d, c 1, §19; HRS §336-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-3 Resident defined.

§336-3 Resident defined.
A person shall be deemed to be a resident of the State within the meaning of this part who has lived continuously in the State for a period of one year and who has not acquired a residence in another state by living continuously therein for at least one year subsequent to the person's residence in the State; provided that the time spent in a public institution or on parole therefrom shall not be counted in determining the matter of residence in this or another state. In determining the residence of a minor patient at the hospital, due consideration shall be given to the residence of the parents of the patient, and if either one or both parents of the minor patient are residents of the State the patient shall also be deemed a resident of the State. [L 1927, c 235, §3; RL 1935, §1012; RL 1945, §3823; RL 1955, §84-3; HRS §336-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-4 Expenses.

§336-4 Expenses.
All expenses incurred in returning such persons to another state shall be paid by the State, but the expense of returning residents of the State shall be borne by the state making the return.
The cost and expense incurred in effecting the transportation of such persons shall be paid from the funds appropriated for that purpose, or if no funds are available, then from the money appropriated for the care of the insane, or incompetent and delinquent, as may be necessary, upon vouchers approved by the director of health. [L 1927, c 235, § §4, 5; RL 1935, §1013; am L 1939, c 203, §3; RL 1945, §3824; RL 1955, §84-4; am L Sp 1959 2d, c 1, §19; HRS §336-4]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-5 Release of aliens for return to native land.

§336-5 Release of aliens for return to native land.
The official or board in charge of any institution of the State in which any alien may be maintained or confined, may, notwithstanding any law to the contrary, release any alien from the institution for the purpose of returning or being returned to the alien's native land, such release to be conditioned upon the person so released remaining away from the State. [L 1933, JR 3; RL 1935, §1014; RL 1945, §3825; RL 1955, §84-5; am L Sp 1959 2d, c 1, §19; HRS §336-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-11 Payment of transportation costs; agreements for continued care; funds.

§336-11 Payment of transportation costs; agreements for continued care; funds.
The director of health may in the director's discretion authorize the payment of the cost of transportation of aliens and other nonresident persons who have become public charges by reason of their hospitalization for Hansen's disease, tuberculosis, or other chronic diseases requiring prolonged hospitalization, from the State to the place where the persons have their legal residence. For the purpose of facilitating the return of such persons to the place of their residence or to facilitate the return to the State of any person similarly situated, the department of health may enter into agreements with any state of the United States or any foreign country. The department may also enter into any agreement to provide for the continued care of the aliens or nonresidents of the State, at the expense of the state or foreign country or to provide for reciprocal treatment of residents of the State by such state or foreign country.
The department may receive funds by way of grant, gift, or otherwise from any state, the United States, or any foreign country or any person for the purpose of paying all or a part of the cost of such transportation or care. [L 1957, c 90, §1; am L Sp 1959 2d, c 1, §19; Supp, §50A-1; HRS §336-11; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-12 Alien or nonresident defined.

§336-12 Alien or nonresident defined.
A person shall not be deemed to be an alien or a nonresident of the State within the meaning of this part if the person meets the following requirements:
(1) Is a citizen of the United States or is a resident alien as defined by the United States bureau of immigration, and
(2) Has lived continuously in the State for a period of one year, and has not acquired a residence in another state by living continuously therein for at least one year subsequent to the person's residence in the State, provided that for a person who is not a resident of the State by birth, then the one year of continuous residence in the State shall have been immediately prior to the person's admittance to a hospital of the State for treatment. Any time spent in the state or other government hospitals for the isolation and treatment of Hansen's disease, tuberculosis, or other chronic diseases shall not be counted in determining the matter of residence in this or another state. In determining the residence of a minor patient of hospitals of the State, due consideration shall be given to the residence of the parents of the patients, and if either one or both parents of the minor patient is a resident of the State, the minor patient shall also be deemed a resident of the State. [L 1957, c 90, §2; Supp, §50A-2; HRS §336-12; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-13 Expenses to be paid by State.

§336-13 Expenses to be paid by State.
All expenses incurred in returning such aliens or nonresident persons to the place where they have legal residence, shall be paid by the State out of any appropriations made to the hospital in which any such person is a patient, or out of any moneys received by the department of health for this part. [L 1957, c 90, §3; am L Sp 1959 2d, c 1, §19; Supp, §50A-3; HRS §336-13]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-14 When this part not applicable.

§336-14 When this part not applicable.
Where support or bond has already been pledged or is available, this part shall not be applicable. [L 1957, c 90, §4; Supp, §50A-4; HRS §336-14]
2023 Hawaii Revised Statutes › Title 19. Health › 336. Deportation and Transfer of Alien and Nonresident Public Charges › 336-15 Rules and regulations.

§336-15 Rules and regulations.
The department of health is authorized to adopt all necessary rules and regulations to carry out the purposes of this part. [L 1957, c 90, §5; am L Sp 1959 2d, c 1, §19; Supp, §50A-5; HRS §336-15]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 19. Health › 337. Uniform Act for the Extradition of Persons of Unsound Mind › 337-1 Definitions.

§337-1 Definitions.
Whenever used in this chapter:
"Flight" and "fled" mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying, the action of the court in which the proceedings may have been instituted or be pending, or any such departure from the state where the person demanded then was, if the person then was under detention by law as a person of unsound mind and subject to detention.
"State" includes states, territories, districts, and insular and other possessions of the United States.
As applied to a request to return any person within the purview of this chapter to or from the District of Columbia, the words "executive authority", "governor", and "chief magistrate", respectively, include a justice of the supreme court of the District of Columbia and other authority. [L 1927, c 214, §2; RL 1935, §1020; RL 1945, §3831; RL 1955, §85-1; HRS §337-1; gen ch 1985]
Cross References
Interstate compact on mental health, see chapter 335.
2023 Hawaii Revised Statutes › Title 19. Health › 337. Uniform Act for the Extradition of Persons of Unsound Mind › 337-2 Persons subject to the chapter.

§337-2 Persons subject to the chapter.
A person alleged to be of unsound mind found in the State, who has fled from another state, in which at the time of the person's flight:
(1) The person was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind; or
(2) The person had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of one's person having been acquired by a court of competent jurisdiction of the state from which the person fled; or
(3) The person was subject to detention in such state, being then the person's legal domicile, personal service of process having been made, based on legal proceedings there pending to have the person declared of unsound mind,
shall, on demand of the executive authority of the state from which the person fled, be delivered up to be removed thereto. [L 1927, c 214, §3; RL 1935, §1021; RL 1945, §3832; RL 1955, §85-2; HRS §337-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 337. Uniform Act for the Extradition of Persons of Unsound Mind › 337-3 Procedure.

§337-3 Procedure.
Whenever the executive authority of any state demands of the executive authority of the State any fugitive within the purview of section 337-2 and produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state whence the person so charged has fled, with an affidavit made before a proper officer showing the person to be such a fugitive, it shall be the duty of the executive authority of the State to cause the fugitive to be apprehended and secured, if found in the State and to cause immediate notice of the apprehension to be given to the executive authority making the demand, or to the agent of the authority appointed to receive the fugitive, and to cause the fugitive to be delivered to the agent when the agent shall appear. If no such agent appears within thirty days from the time of the apprehension, the fugitive may be discharged. All costs and expenses incurred in the apprehending, securing, maintaining, and transmitting the fugitive to the state making the demand shall be paid by such state. Any agent so appointed who receives the fugitive into the agent's custody shall be empowered to transmit the fugitive to the state from which the fugitive has fled. The executive authority of the State is vested with the power, on the application of any person interested, to demand the return to the State of any fugitive within the purview of this chapter. [L 1927, c 214, §4; RL 1935, §1022; RL 1945, §3833; RL 1955, §85-3; HRS §337-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 337. Uniform Act for the Extradition of Persons of Unsound Mind › 337-4 Limitation.

§337-4 Limitation.
Any proceedings under this chapter shall be begun within one year after the flight referred to in this chapter. [L 1927, c 214, §5; RL 1935, §1023; RL 1945, §3834; RL 1955, §85-4; HRS §337-4]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-1 Definitions of terms.

§338-1 Definitions of terms.
As used in this part unless the context otherwise indicates:
"Dead body" means lifeless human body, or such parts of the human body, or the bones thereof, from the state of which it reasonably may be concluded that death recently occurred.
"Fetal death" is death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, that did not, after complete separation from the mother, breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or movement of voluntary muscle.
"Live birth" is the complete expulsion or extraction from its mother of a product of conception that did, after complete expulsion or extraction from the mother, breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or movement of voluntary muscle, whether or not the umbilical cord was cut or the placenta attached.
"Person in charge of disposition of the body" means any person who places, or causes to be placed, a stillborn child, or dead body, or ashes, after cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes thereof.
"Physician" means a person licensed to practice medicine or osteopathic medicine under part I of chapter 453 or a practitioner of medicine, osteopathic medicine, or surgery excepted from licensure by section 453-2(b)(3).
"Public health statistics" includes the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, legitimations, deaths, fetal deaths, morbidity, marital status, and data incidental thereto. [L 1949, c 327, §2; am L 1951, c 92, §1; RL 1955, §57-1; HRS §338-1; am L 1973, c 17, §5; am L 1975, c 66, §2(1); am L 1982, c 112, §2; gen ch 1985; am L 1987, c 100, §1; am L 1993, c 131, §1; am L 2009, c 11, §44]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-2 Authority and duties of the department of health.

§338-2 Authority and duties of the department of health.
The department of health, herein referred to as the department, shall:
(1) Establish a central bureau of public health statistics with suitable offices properly equipped for the safety and preservation of all its official records;
(2) Install a statewide system of public health statistics;
(3) Make and amend, after notice and hearing, necessary regulations, give instructions and prescribe forms for collecting, transcribing, compiling, and preserving public health statistics; and
(4) Enforce this part and the regulations made pursuant thereto. [L 1949, c 327, §3; RL 1955, §57-2; am L Sp 1959 2d, c 1, §19; HRS §338-2]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-3 Registration districts.

§338-3 Registration districts.
The department of health shall divide the State from time to time into public health statistics registration districts, which shall conform to political subdivisions, or combinations thereof, or such other subdivision as the department may deem advisable. [L 1949, c 327, §5; RL 1955, §57-4; am L Sp 1959 2d, c 1, §19; HRS §338-3]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-4 Deaths reported to county clerks.

§338-4 Deaths reported to county clerks.
The department of health shall within six weeks after the end of each month deliver, or forward by mail, to the county clerk of each county a list of the names of all citizens of voting age or over whose deaths have been recorded in the department during each month. The list shall set forth such portion of the information contained in the death record of each citizen whose death is so reported as will be of assistance to the county clerk in identification. [L 1949, c 327, §7; RL 1955, §57-6; am L 1959, c 138, §1; am L Sp 1959 2d, c 1, §19; HRS §338-4; am L 1981, c 113, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-5 Compulsory registration of births.

§338-5 Compulsory registration of births.
Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the local agent of the department in the district in which the birth occurred, by the administrator or designated representative of the birthing facility, or physician, or midwife, or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents.
The birth facility shall make available to the department appropriate medical records for the purpose of monitoring compliance with the provisions of this chapter. [L 1949, c 327, §9; RL 1955, §57-8; am L Sp 1959 2d, c 1, §19; HRS §338-5; am L 1988, c 149, §1]
Case Notes
Compulsory reporting not objectionable. 466 F. Supp. 714 (1979).
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-6 Local agent to prepare birth certificate.

§338-6 Local agent to prepare birth certificate.
(a) If neither parent of the newborn child whose birth is unattended as provided in section 338-5 is able to prepare a birth certificate, the local agent of the department of health shall secure the necessary information from any person having knowledge of the birth and prepare and file the certificate.
(b) The department shall prescribe the time within which a supplementary report furnishing information omitted on the original certificate may be returned for the purpose of completing the certificate. Certificates of birth completed by a supplementary report shall not be considered as "delayed" or "altered". [L 1949, c 327, §10; RL 1955, §57-9; am L Sp 1959 2d, c 1, §19; HRS §338-6]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-7 Registration of foundlings; foundling report.

§338-7 Registration of foundlings; foundling report.
(a) Whoever assumes the custody of a living child of unknown parentage shall immediately report, on a form to be approved by the department of health, to the local agent of the department the following:
(1) Date and place of finding or assumption of custody;
(2) Sex;
(3) Color or race;
(4) Approximate age of child;
(5) Name and address of the person or institution with whom the child has been placed for care;
(6) Name given to the child by the finder or custodian.
(b) The place where the child was found or custody assumed shall be known as the place of birth, and the date of birth shall be determined by approximation.
(c) The foundling report shall constitute the certificate of birth.
(d) If a foundling child is identified and a regular certificate of birth is found or obtained, the report shall be sealed and filed and may be opened only upon order of a court of competent jurisdiction. [L 1949, c 327, §11; RL 1955, §57-10; am L Sp 1959 2d, c 1, §19; HRS §338-7]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-8 Compulsory registration of deaths and fetal deaths.

§338-8 Compulsory registration of deaths and fetal deaths.
A certificate of every death or fetal death shall be filed with the department of health in Honolulu or with the local agent of the department of health in the district in which the death or fetal death occurred or a dead body was found within three days after the death or fetal death occurred or the dead body was found. In every instance, a certificate shall be filed prior to interment or other disposition of the body. [L 1949, c 327, §12; am L 1951, c 92, §2; RL 1955, §57-11; am L Sp 1959 2d, c 1, §19; HRS §338-8; am L 1981, c 113, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-10 Late determination of the cause of death.

§338-10 Late determination of the cause of death.
If the cause of death cannot be determined within three days, the certification of its cause may be filed after the prescribed period, but the attending physician, advanced practice registered nurse, or coroner's physician shall notify in writing the local agent of the department of health of the district in which the death occurred of the reason for late filing, in order that a permit for the disposition of the body may be issued.
As used in this section, "late" means more than three days after the date of death. [L 1949, c 327, §14; RL 1955, §57-13; am L Sp 1959 2d, c 1, §19; HRS §338-10; am L 1973, c 17, §7; am L 1997, c 305, §1; am L 2016, c 183, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-11 Form of certificates.

§338-11 Form of certificates.
The forms of certificates shall include as a minimum the items required by the respective standard certificates as recommended by the Public Health Service, National Center for Health Statistics, subject to approval of and modification by the department of health. In addition, the forms of death certificates shall require the individual's social security number. The form and use of the certificates shall be subject to sections 338-16 to 338-18. [L 1949, c 327, §15; RL 1955, §57-14; am L Sp 1959 2d, c 1, §19; HRS §338-11; am L 1997, c 293, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-12 Evidentiary character of certificates.

§338-12 Evidentiary character of certificates.
Certificates filed within thirty days after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data pertaining to the father of a child is prima facie evidence if:
(1) The alleged father is:
(A) The husband of the mother; or
(B) The acknowledged father of the child; or
(2) The father and child relationship has been established under chapter 584. Data pertaining to the alleged father acknowledging paternity of the child is admissible as evidence of paternity in any family court proceeding, including proceedings under chapter 584. [L 1949, c 327, §16; RL 1955, §57-15; HRS §338-12; am L 1975, c 66, §2(2); am L 1994, c 23, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-13 Certified copies.

§338-13 Certified copies.
(a) Subject to the requirements of sections 338-16, 338-17, and 338-18, the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof.
(b) Copies of the contents of any certificate on file in the department, certified by the department shall be considered for all purposes the same as the original, subject to the requirements of sections 338-16, 338-17, and 338-18.
(c) Copies may be made by photography, dry copy reproduction, typing, computer printout or other process approved by the director of health. [L 1949, c 327, §17; RL 1955, §57-16; am L Sp 1959 2d, c 1, §19; HRS §338-13; am L 1978, c 49, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-14 Fees for certified copies and searches; transcripts or other statistical summaries of vital records for National Center for Health Statistics; certified copies for veterans and others; and corrections on vital statistics certificates.

§338-14 Fees for certified copies and searches; transcripts or other statistical summaries of vital records for National Center for Health Statistics; certified copies for veterans and others; and corrections on vital statistics certificates.
(a) The department of health shall establish reasonable fees to be paid for certified copies of certificates; provided that the department shall furnish, free of charge, a certified copy of any of the records, or a certification of birth, to any veteran of the armed forces of the United States, the veteran's wife, any member of the immediate family of a veteran or the next of kin of a deceased veteran, when required for use in connection with a claim based on service in the armed forces of the United States. Subject to sections 338-16, 338-17, and 338-18, the National Center for Health Statistics may obtain transcripts and statistical summaries on computer tapes of certificates or, without payment of fees, certified copies; provided the State is put to no expense in connection therewith.
A reasonable fee shall be charged for any correction in the items on a vital statistics certificate initiated by the registrant or the registrant's parent or representative if the registrant is a minor.
(b) The department may prescribe reasonable fees for searches of files and records not involving the issuance of certified copies.
(c) The department shall keep an account of all fees collected and shall deposit them to the general fund of the State except as provided in sections 321-1.3, 338-14.5, 338-14.6, 346-7.5, and 601-3.6.
(d) Any fee established by the department pursuant to this section shall be adopted in accordance with chapter 91. In establishing a fee, the amount shall be sufficient to cover the expenses involved in searching for, cost of a copy of, or correction of the certificate, file, or record, as the case may be. The department may raise the fees up to ten per cent per year without being subject to the provisions of chapter 91. [L 1949, c 327, §18; am L Sp 1949, c 34, §1; RL 1955, §57-17; am L 1957, c 202, §1 and c 316, §2; am L Sp 1959 2d, c 1, §19; am L 1967, c 30, §1; HRS §338-14; am L 1974, c 32, §1; am L 1979, c 159, §1; gen ch 1985; am L 1997, c 216, § §5, 13; am L 1999, c 194, §1; am L 2018, c 174, § §1, 3]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-14.3 Verification in lieu of a certified copy.

§338-14.3 Verification in lieu of a certified copy.
(a) Subject to the requirements of section 338-18, the department of health, upon request, shall furnish to any applicant, in lieu of the issuance of a certified copy, a verification of the existence of a certificate and any other information that the applicant provides to be verified relating to the vital event that pertains to the certificate.
(b) A verification shall be considered for all purposes certification that the vital event did occur and that the facts of the event are as stated by the applicant.
(c) Verification may be made in written, electronic, or other form approved by the director of health.
(d) The fee for a verification in lieu of a certified copy shall be a maximum of one half of the fee established in section 338-14.5 for the first certified copy of a certificate issued.
(e) Fees received for verifications in lieu of certified copies shall be remitted, and one half of the fee shall be deposited to the credit of the vital statistics improvement special fund in section 338-14.6 and the remainder of the fee shall be deposited to the credit of the state general fund. [L 2001, c 246, §1; am L 2010, c 55, §1]