reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-511 Definitions.

§321-511 Definitions.
As used in this part, unless the context otherwise requires:
"Compulsion" means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss.
"Department" means the department of health unless otherwise specified in this part.
"Emergency contraception" means one or more prescription drugs used separately or in combination that are:
(1) Used postcoitally within a recommended amount of time;
(2) Used for the purposes of preventing pregnancy; and
(3) Approved by the United States Food and Drug Administration.
"Hospital" means any institution with an organized medical staff, regulated under sections 321-11(10) and 321-14.5, that admits patients for inpatient care, diagnosis, observation, and treatment.
"Sexual assault" means vaginal penetration without the person's consent, by compulsion or strong compulsion.
"Sexual assault victim" means a person who alleges or is alleged to have been sexually assaulted and as a result of the sexual assault presents as a patient at a hospital.
"Strong compulsion" means the use of or attempt to use one or more of the following to overcome a person:
(1) A threat, express or implied, that places a person in fear of bodily injury to the person or another person, or in fear that the person or another person will be kidnapped;
(2) A dangerous instrument; or
(3) Physical force. [L 2013, c 27, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-512 Compassionate care.

§321-512 Compassionate care.
(a) Any hospital at which a female sexual assault victim presents for emergency services shall:
(1) Provide any female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception;
(2) Orally inform each female sexual assault victim of the option to receive emergency contraception at the hospital;
(3) When medically indicated, offer emergency contraception to each female sexual assault victim;
(4) Dispense a complete course of emergency contraception to each female sexual assault victim who accepts or requests it; and
(5) Ensure that providers who may prescribe or administer emergency contraception shall be trained to provide a female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception and sexual assault treatment options and access to emergency contraception.
(b) No hospital shall deny a female sexual assault victim emergency contraception based on a refusal to undergo a forensic examination or a refusal to report the alleged sexual assault to law enforcement.
(c) No hospital shall be required to dispense emergency contraception to a female sexual assault victim who has been determined to be pregnant through the administration by the hospital staff of a pregnancy test approved by the United States Food and Drug Administration.
(d) If private insurance is not or cannot be utilized for payment, the cost of any emergency contraception dispensed pursuant to this part shall be paid by the department of human services. [L 2013, c 27, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-513 Enforcement; administrative penalties.

§321-513
Enforcement; administrative penalties.
(a) The department may set, charge, and collect administrative fines and recover administrative fees and costs, including attorney's fees and costs, resulting from a violation of this part or any rule adopted under this part.
(b) The department shall:
(1) Establish a policy and procedures to monitor compliance with this part, including a complaint process;
(2) Respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of section 321-512; and
(3) Provide written notice to any hospital that the department determines is in violation of this part or any rule adopted under this part, including notice of an opportunity to take corrective action.
(c) Any hospital that violates this part or any rule adopted under this part after receiving written notice and an opportunity to take corrective action pursuant to subsection (b)(3) shall be fined not more than $1,000 for each separate offense.
(d) All enforcement processes shall comply with section 321-20.
(e) Sanctions under this section shall not be issued for violations occurring before July 1, 2014. [L 2013, c 27, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-531 Definitions.

§321-531 Definitions.
As used in this part, unless the context requires otherwise:
"Department" means the department of health.
"Stroke coalition" means a multi-organizational process of public, private, and nonprofit organizations working together for a common purpose to improve stroke outcomes throughout the State.
"Stroke database" means a stroke coalition-approved, existing, nationally recognized and validated data platform available to the department and all participating hospitals statewide and that has features to maintain confidentiality standards and data security. [L 2015, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-532 Stroke system of care; department duties.

§321-532 Stroke system of care; department duties.
(a) The department shall participate in a systematic process to evaluate, improve, and sustain stroke care throughout the State to reduce death and disability from stroke. The stroke system of care shall include:
(1) The requirement that hospitals meet specific stroke patient treatment capabilities that will ensure that stroke patients receive safe and effective care;
(2) The coordination with the State's emergency medical services system to ensure that stroke patients are quickly identified, transported to, and treated in facilities that have specialized programs for providing timely and effective treatment for stroke patients to improve outcomes; and
(3) The continuation of a statewide stroke coalition to provide a mechanism to evaluate and improve stroke care in the State.
(b) The department shall participate in the stroke coalition to:
(1) Provide agreed upon state level reports of de-identified and aggregated data to the stroke coalition, government agencies, hospitals, researchers, and other interested parties that have a role in improving stroke care;
(2) Analyze data generated by the stroke database to identify potential interventions to improve stroke response and treatment;
(3) Identify issues related to early identification, triage, treatment, and transport of possible acute stroke patients;
(4) Encourage sharing of information and data among health care providers on ways to improve the quality of care of stroke patients in the State; and
(5) Develop and implement strategies to improve stroke early identification and treatment, including identifying specific hospital capabilities to receive, treat, and transfer stroke patients. [L 2015, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-533 Stroke database.

§321-533 Stroke database.
(a) All acute care hospitals that receive stroke patients from emergency medical services shall report data consistent with requirements of the stroke database on the treatment of all individuals with a suspected or confirmed stroke.
(b) The department shall participate in a stroke database that compiles information and statistics on stroke care that aligns with the consensus stroke metrics developed and approved by national subject-matter organizations and utilize it to support the stroke coalition's evaluation of stroke care in the State for performance improvement. [L 2015, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-542 Definitions.

§321-542 Definitions.
As used in this part:
"Consumer" means a health care facility, health care professional, or health care provider, as defined in section 432E-1, or any individual who is prescribed durable medical equipment as the result of medical necessity.
"Department" means the department of health.
"Durable medical equipment" means equipment that is considered a selected product under the Centers for Medicare and Medicaid Services durable medical equipment, prosthetics, orthotics, and supplies competitive bidding program that can stand repeated use; is primarily and customarily used to serve a medical purpose; is generally not useful to a person in the absence of an illness or injury; is appropriate for use in the home; does not contain any prescription drug; and is not considered to be a specialty item, equipment, or service.
"Durable medical equipment supplier" means a person who sells, dispenses, delivers, or services durable medical equipment. [L 2016, c 137, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-543 Licensing.

§321-543 Licensing.
It shall be unlawful for any person to operate as a durable medical equipment supplier that sells, dispenses, delivers, or services durable medical equipment to a consumer in the State without first obtaining a license. To receive a license, a durable medical equipment supplier shall attest and provide corroborating documentation to the department that the supplier:
(1) Is in compliance with the business registration laws of the State and has all required tax identification numbers;
(2) Is licensed and in good standing in the state in which its dispensing facilities are primarily located, if applicable, and complies with all applicable state and federal laws, rules, and standards;
(3) Has designated a responsible agent or agents either in or out of the State who will be responsible for providing timely and satisfactory services to consumers in the State; provided that:
(A) The responsible agent or agents must be available to consumers in the State by phone during standard business hours in Hawaii to answer inquiries or resolve issues; and
(B) If the responsible agent or agents are not immediately available, then the supplier shall have a system capable of accepting and recording incoming phone inquiries; provided that the supplier shall respond no later than one business day after the inquiry is received;
(4) Has implemented and maintains written procedures at each location for handling complaints and problems from all consumers, which includes a complaint file documenting complaints or problems and resolution of the complaints or problems; and
(5) Will agree to notify consumers within two business days if the supplier cannot or will not provide the equipment, item, or service ordered; provided that suppliers may be exempt from this requirement if selling, dispensing, delivering, or servicing specialty equipment or items. [L 2016, c 137, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-544 License fee.

§321-544 License fee.
The department may assess a license fee of no more than $350 on each durable medical equipment supplier who receives a license pursuant to section 321-543. The license fee collected shall be deposited into the office of health care assurance special fund pursuant to section 321-1.4. [L 2016, c 137, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-547 Severability.

§321-547 Severability.
If any provision in this part or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or application of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. [L 2016, c 137, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-562 Limited service pregnancy centers; enforcement; private right of action.

§321-562 Limited service pregnancy centers; enforcement; private right of action.
(a) A limited service pregnancy center that violates section 321-561 shall be liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. If the center is provided with reasonable notice of noncompliance, which informs the center that it is subject to a civil penalty if it does not correct the violation within thirty days from the date the notice is sent to the center, and the violation is not corrected as of the expiration of the thirty-day notice period, the attorney general may bring an action in the district court of the district in which the center is located to enforce this section.
A civil penalty imposed pursuant to this subsection shall be deposited to the credit of the general fund.
(b) Any person who is aggrieved by a limited service pregnancy center's violation of section 321-561 may bring a civil action against the limited service pregnancy center in the district court of the district in which the center is located to enjoin further violations and to recover actual damages sustained together with the costs of the suit including reasonable attorneys' fees. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained. If damages are awarded pursuant to this subsection, the court may, in its discretion, impose on a liable center a civil fine of not more than $1,000 to be paid to the plaintiff.
A party seeking civil damages under this subsection may recover upon proof of a violation by a preponderance of the evidence.
For the purposes of this subsection, "person" includes a natural or legal person.
(c) The enforcement procedure and remedies provided by this section shall be in addition to any other procedure or remedy that may be available to the State or a person aggrieved by a violation of this chapter.
(d) This section and section 321-561 are not intended to require regulation or oversight of limited service pregnancy centers by the department of health. [L 2017, c 200, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-563 Seizure first aid; information.

§321-563 Seizure first aid; information.
[Section repealed on June 30, 2026. L 2021, c 150,
§4.]
(a) The department of health may provide employers, employees, and the general public with information in relation to rendering seizure first aid.
(b) Employers may disseminate to their employees information on seizure first aid provided by the department of health in various forms, including posting the information in a prominent place at the employers' workplace.
(c) For the purposes of this section, "seizure first aid" means procedures to respond, attend, and provide comfort and safety to a person suffering from a primary generalized tonic-clonic seizure or complex partial seizure. The term does not include training to medically treat a person suffering a seizure. [L 2021, c 150, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-571 Skilled nursing facilities.

§321-571 Skilled nursing facilities.
(a) All skilled nursing facilities shall be licensed by the department of health to ensure the health, safety, and welfare of the individuals placed therein.
(b) The director of health shall adopt rules pursuant to chapter 91 that shall provide for the licensing of skilled nursing facilities.
(c) The rules shall provide that accreditation by The Joint Commission or other nationally recognized accreditation or certification organization demonstrates a skilled nursing facility's compliance with all licensing inspections required by the State. The rules may exempt a skilled nursing facility from a licensing inspection on a continuing basis throughout the term of the accreditation or certification under the following conditions:
(1) The skilled nursing facility provides a certified copy of the facility's official accreditation or certification report to the department;
(2) The skilled nursing facility continuously holds full accreditation or certification by the accreditation or certification organization; and
(3) The skilled nursing facility holds a current and valid state license.
(d) The rules shall provide that the department may conduct inspections and investigations of exempt skilled nursing facilities regarding complaints, adverse accreditation or certification findings, or periodic validation surveys.
(e) Information contained in reports of survey and official accreditation or certification letters made by the accreditation or certification organization used in determining compliance with licensing requirements shall be public information.
(f) All other records maintained by the department shall be governed by chapter 92F. [L 2021, c 28, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-582 Consultation with the University of Hawaii required.

§321-582 Consultation with the University of Hawaii required.
The department of health shall regularly consult with the University of Hawaii regarding services provided at Leahi hospital and Maluhia. The department may coordinate with the University of Hawaii to allow university students to rotate through the facilities for training purposes and may take any action necessary or proper to effectuate this purpose. [L 2021, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-583 Reduction or elimination of direct patient care services.

§321-583 Reduction or elimination of direct patient care services.
(a) No planned substantial reduction or elimination of direct patient care services at Leahi hospital or Maluhia shall be undertaken unless all of the following requirements are met:
(1) An initial determination is made by the department as to critical and emergency services, which shall not be subject to reduction or elimination pursuant to this section;
(2) The plan of the facility to substantially reduce or eliminate any direct patient care services at Leahi hospital or Maluhia shall first be presented to the director of health for approval;
(3) Subsequent to the requisite director approval, the department shall present the plan to the community in which the facility is located at a community informational meeting, in order to obtain community input on the plan; and
(4) After the community informational meeting, but at least twenty days prior to the implementation of the approved plan, the director shall give notice of the implementation of the plan to the governor, president of the senate, and speaker of the house of representatives.
(b) Upon meeting the requirements of subsection (a), the approved plan shall be implemented unless legislation has been enacted that:
(1) Requires the reinstatement and continuation of direct patient care services that are subject to reduction or elimination under the plan; and
(2) Includes an appropriation of additional moneys sufficient to adequately fund the mandated reinstatement and continuation of the direct patient care services that are subject to reduction or elimination under the plan. [L 2021, c 212, pt of §5]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-601 Definitions.

§321-601 Definitions.
For the purposes of this part:
"Class B firefighting foam" means foams designed to suppress flammable liquid fires.
"Food packaging" means a package or packaging component that is applied to or in direct contact with any food or beverage and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
"Intentionally introduced" means deliberately utilized PFAS in the formulation of a package or packaging component where the continued presence of the PFAS is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.
"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. [L 2022, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-602 Food packaging; prohibited items.

§321-602 Food packaging; prohibited items.
(a) Beginning December 31, 2024, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any food packaging specified in subsection (b) to which PFAS chemicals have been intentionally introduced in any amount.
(b) The prohibition under this section shall apply to wraps and liners, plates, food boats, and pizza boxes. [L 2022, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-603 Class B firefighting foam; prohibited items.

§321-603 Class B firefighting foam; prohibited items.
(a) Beginning July 1, 2024, it shall be unlawful for any person or state or county department or agency to discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally introduced PFAS chemicals, unless the use is necessary for effective suppression of a petroleum fire.
(b) Beginning July 1, 2024, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for training or testing purposes in the State any class B firefighting foam that contains intentionally introduced PFAS chemicals.
(c) This section shall not apply to the manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS chemicals is required by federal law or regulations; provided that if applicable federal law or regulations are amended after July 1, 2022, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, the department may adopt rules that restrict PFAS chemicals for the manufacture, sale, and distribution of firefighting foam for uses that are addressed by the federal law or regulation. [L 2022, c 152, pt of §2]
Revision Note
"July 1, 2022," substituted for "the effective date of this Act" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-604 Manufacturers of class B firefighting foam; prohibitions; certificate of compliance; penalty.

§321-604 Manufacturers of class B firefighting foam; prohibitions; certificate of compliance; penalty.
(a) A manufacturer of class B firefighting foam prohibited by this part shall notify, in writing and no later than January 1, 2023, persons that sell the manufacturer's products in the State about the requirements of this part.
(b) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited by this part shall recall the product and reimburse the retailer or any other purchaser for the product.
(c) The department may request a certificate of compliance from a manufacturer of class B firefighting foam that attests that a manufacturer's product or products meets the requirements of this part.
(d) Any manufacturer of class B firefighting foam violating this part or any rule adopted pursuant to this part shall be subject to an administrative fine not to exceed:
(1) $5,000 for a first violation; and
(2) $10,000 for any subsequent violation. [L 2022, c 152, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321C. Office of Language Access › 321C-1 General purpose; purpose of the office of language access.

§321C-1 General purpose; purpose of the office of language access.
Many individuals living in Hawaii read, write, speak, and understand English. There are many individuals, however, who are limited English proficient. Language for limited English proficient persons can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by state-funded programs and activities.
The purpose of this chapter is to affirmatively address, on account of national origin, the language access needs of limited English proficient persons. It is the intent of the legislature that these services be guided by Executive Order No. 13166 and succeeding provisions of federal law, regulation, or guidance.
The purpose of the office of language access is to address the language access needs of limited English proficient persons and ensure meaningful access to services, programs, and activities offered by the executive, legislative, and judicial branches of state government, including departments, offices, commissions, boards, or other agencies, and all covered entities, for limited English proficient persons. [L 2012, c 201, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321C. Office of Language Access › 321C-2 Definitions.

§321C-2
Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
"Access" or "participate" means to be informed of, participate in, and benefit from the services, programs, and activities offered by the State and covered entities.
"Covered entity" means a person or organization receiving state financial assistance, including
grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the person or organization for the purpose of rendering services to the public. It shall not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State.
"Executive director" means the executive director of the office of language access.
"Language" means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities.
"Limited English proficient person" means an individual who, on account of national origin, does not speak English as the person's primary language and self identifies as having a limited ability to read, write, speak, or understand the English language.
"Oral language services" means the free provision of oral information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity.
"Purchase-of-service contract" means any and all types of formal written agreements, regardless of what they may be called, between the State and any person, to purchase or otherwise acquire any service for the purpose of rendering services to the public.
"State" or "state agency" means the executive, legislative, or judicial branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches.
"Vital documents" means printed documents that provide important information necessary to access or participate in services, programs, and activities of a state agency or covered entity, including but not limited to applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services.
"Written language services" means the free provision of written information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. [L 2012, c 201, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321C. Office of Language Access › 321C-3 Oral and written language services.

§321C-3 Oral and written language services.
(a) Each state agency and all covered entities
shall take reasonable steps to ensure meaningful access to services, programs, and activities by limited English proficient persons, which will be determined by a totality of circumstances, including the following factors:
(1) The number or proportion of limited English proficient persons served or encountered in the eligible service population;
(2) The frequency with which limited English proficient persons come in contact with the services, programs, or activities;
(3) The nature and importance of the services, programs, or activities; and
(4) The resources available to the State or covered entity and the costs.
(b) Subject to subsection (a), each state agency and covered entity shall provide competent, timely oral language services to limited English proficient persons who seek to access services, programs, or activities.
(c) Subject to subsection (a), each state agency and covered entity shall provide written translations of vital documents to limited English proficient persons who seek to access services, programs, or activities, as follows:
(1) Written translations of vital documents for each eligible limited English proficient group that constitutes five per cent or one thousand, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered; or
(2) If there are fewer than fifty persons in a limited English proficient group that reaches the five per cent threshold in paragraph (1), written notice in the primary language to the limited English proficient language group of the right to receive competent oral interpretation of those written materials, free of cost.
(d) To the extent that the State requires additional personnel to provide language services based on the determination set forth in this section, the State shall hire qualified personnel who are bilingual to fill existing, budgeted vacant public contact positions. [L 2012, c 201, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321C. Office of Language Access › 321C-4 Additional obligations.

§321C-4 Additional obligations.
(a) Each state agency and covered entity shall establish a plan for language access.
(b) Each state agency's plan for language access shall be established in consultation with the executive director and the state agency's coordinator for language access. State agencies receiving federal financial assistance that did not file an initial language access plan pursuant to former section 371-34(b) by July 1, 2007, shall file an initial language access plan with the executive director no later than July 1, 2013, and every two years thereafter. All other state agencies that did not file a language access plan pursuant to former section 371-34(b) by July 1, 2008, shall file a language access plan with the executive director no later than July 1, 2014, and every two years thereafter. Agencies that filed initial language access plans pursuant to former section 371-34(b) by July 1, 2007, and July 1, 2008, shall continue to file their plans with the executive director every two years thereafter.
(c) Each state agency shall designate a language access coordinator who shall establish and implement the plan for language access in consultation with the executive director and the language access advisory council. [L 2012, c 201, pt of §2]
Note
Section 371-34 referred to in subsection (b) is repealed.
2023 Hawaii Revised Statutes › Title 19. Health › 321C. Office of Language Access › 321C-5 Public meetings and public hearings.

§321C-5 Public meetings and public hearings.
(a) State agencies to which this chapter applies shall not be required to translate meeting notices, agendas, or minutes.
(b) Subject to section 321C-3, oral language services for public meetings or public hearings held by the legislature shall be provided if requested at least forty-eight hours in advance of the meeting or hearing. When the notice of any public meeting or public hearing is posted less than forty-eight hours in advance of the meeting or hearing, oral language services shall be provided if requested at least twenty-four hours in advance of the meeting or hearing. [L 2012, c 201, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321C. Office of Language Access › 321C-7 Language access advisory council.

§321C-7 Language access advisory council.
(a) There is established the language access advisory council, which shall be placed within the department of health for administrative purposes only. The council shall consist of the following members to be appointed by the governor:
(1) One representative from the state government;
(2) One representative from a covered entity;
(3) One bilingual worker who is or has been employed by a state-funded immigrant service agency or program;
(4) One representative of an advocacy organization that provides services to limited English proficient persons;
(5) One member from the limited English proficient population who has an interest in the provision of oral language services;
(6) One representative from an accredited institution of higher learning who provides professional training in interpretation and translation;
(7) One representative of a Hawaiian language advocacy organization;
(8) One representative of a professional interpreter's organization;
(9) One representative of a bilingual referral service or program;
(10) One representative residing in the county of Hawaii who has shown interest in language access;
(11) One representative residing in the county of Kauai who has shown interest in language access;
(12) One representative residing in the county of Maui who has shown interest in language access;
(13) One representative residing in the city and county of Honolulu who has shown interest in language access;
(14) One member-at-large;
(15) The executive director of the Hawaii civil rights commission or authorized representative, as an ex officio member;
(16) One representative from the disability and communication access board, as an ex officio member; and
(17) The executive director, as an ex officio member.
(b) Members shall be appointed in accordance with section 26-34. The terms of the members shall be for four years. The council shall select one of its members to serve as chair. No member of the council shall receive any compensation for council services, but shall be allowed necessary expenses for travel, board, and lodging incurred in the performance of council duties.
(c) The language access advisory council shall serve in an advisory capacity to the executive director, providing input on:
(1) Implementation and compliance with this chapter;
(2) The quality of oral and written language services provided under this chapter; and
(3) The adequacy of a state agency or covered entity's dissemination and training of its employees likely to have contact with limited English proficient persons, its policies and procedures for language services, its competency in working effectively with in-person and telephone interpreters, and its understanding of the dynamics of interpretation between clients, providers, and interpreters. [L 2012, c 201, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321D. Interdepartmental Cluster for Services to Children › 321D-1 Interdepartmental cluster for services to children; establishment, functions.

§321D-1 Interdepartmental cluster for services to children; establishment, functions.
(a) There is established a statewide interdepartmental cluster for services to children within the department of health which shall be comprised of representatives of major child-serving agencies with statewide authority and responsibility. The cluster shall include the department of education, the department of health, the department of human services, the judiciary, the office of the governor, and the office of youth services as regular members. The department of health shall staff the cluster and provide an identified place where development and coordination of service plans and programs for the multisystem children having severe emotional and developmental problems may be done on a systematic basis.
(b) The statewide interdepartmental cluster shall:
(1) Establish interdepartmental clusters at the local level;
(2) Establish written policies and procedures for both itself and the local clusters;
(3) Review and make recommendations on individual cases referred by local clusters or by directors of child-serving departments or agencies that have documentation that various county or local agencies have jointly attempted to develop programs and funding to meet the child's need, and that existing or alternative programs and funding have been exhausted or are insufficient or inappropriate in view of the distinctive nature of the child's situation;
(4) Develop written, comprehensive, and coordinated service plans for individual multineeds children for implementation by local clusters and, where required, utilize funds appropriated to it to assist local clusters in implementing such plans;
(5) Identify a single local agency to provide case management for each case accepted by the statewide cluster;
(6) Monitor each case; and
(7) Adjust policies and procedures and develop training which will ensure appropriate services for multisystem involved children at both the state and local levels. [L 1987, c 342, §2; am L 1988, c 141, §25; am L 1993, c 38, §1; am L 1996, c 298, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 321H. Neurotrauma › 321H-1 Definitions.

§321H-1 Definitions.
As used in this chapter, unless the context requires otherwise:
"Board" means the neurotrauma advisory board established under section 321H-3.
"Department" means department of health.
"Director" means the director of health.
"Neurotrauma" means a severe chronic disability of a person that is attributable to an injury to the central nervous system, such as traumatic brain injury and spinal cord injury, and likely to continue indefinitely. Neurotrauma can include other neurological dysfunctions but does not include substance misuse and abuse, Alzheimer's disease, or the infirmities of aging. Neurotrauma or other neurological deficits result in substantial functional limitations in two or more of the following areas:
(1) Self-care;
(2) Speech, hearing, or communication;
(3) Learning;
(4) Mobility;
(5) Self-direction;
(6) Capacity for independent living; and
(7) Economic sufficiency. [L 2002, c 160, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321H. Neurotrauma › 321H-2 Neurotrauma system.

§321H-2 Neurotrauma system.
The department of health shall develop, lead, administer, coordinate, monitor, evaluate, and set direction for a comprehensive system to support and provide services for survivors of neurotrauma injuries. [L 2002, c 160, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321H. Neurotrauma › 321H-3 Neurotrauma advisory board.

§321H-3 Neurotrauma advisory board.
(a) There is established within the department a neurotrauma advisory board to advise the director in implementing this chapter.
(b) The board shall consist of eleven members to be appointed by the director. The director shall designate a member to be the chairperson of the advisory board. The director or a designee shall serve as an ex officio, nonvoting member of the advisory board. The director may also appoint up to three state and county representatives whose work relates to neurotrauma to be ex officio, nonvoting members of the board. The members shall serve for a term of four years; provided that upon the initial appointment of members, two shall be appointed for a term of one year, three for a term of two years, three for a term of three years, and three for a term of four years. In establishing the advisory board, the director shall appoint:
(1) Two survivors of neurotrauma or their family members (one for traumatic brain injuries and one for spinal cord injuries);
(2) One member of the Brain Injury Association of Hawaii;
(3) One member representing the state traumatic brain injury advisory board;
(4) Two members representing private sector businesses that provide services for neurotrauma survivors;
(5) One member representing trauma centers that provide services for neurotrauma survivors;
(6) One representative for persons with stroke; and
(7) Three at-large members.
(c) The members shall serve without compensation but shall be reimbursed for actual expenses, including travel expenses, that are necessary for the performance of their duties.
(d) The number of members necessary to constitute a quorum to do business shall consist of a majority of all the voting members who have been appointed by the director and have accepted that appointment. When a quorum is in attendance, the concurrence of a majority of the voting members in attendance shall make any action of the board valid. [L 2002, c 160, pt of §2; am L 2014, c 191, §1]
Cross References
Traumatic brain injury advisory board, see §321-28.
2023 Hawaii Revised Statutes › Title 19. Health › 321H. Neurotrauma › 321H-4 Neurotrauma special fund.

§321H-4 Neurotrauma special fund.
(a) There is established the neurotrauma special fund to be administered by the department with advisory recommendations from the neurotrauma advisory board. The fund shall consist of:
(1) Moneys raised pursuant to the surcharges levied under sections 291-11.5, 291-11.6, 291C-12, 291C-12.5, 291C-12.6, 291C-102, 291C-105, and 291E-61;
(2) Federal funds granted by Congress or executive order, for the purpose of this chapter; provided that the acceptance and use of federal funds shall not commit state funds for services and shall not place an obligation upon the legislature to continue the purpose for which the federal funds are made available; and
(3) Funds appropriated by the legislature for the purpose of this chapter.
(b) The fund shall be used for the purpose of funding and contracting for services relating to neurotrauma as follows:
(1) Education on neurotrauma;
(2) Assistance to individuals and families to identify and obtain access to services;
(3) Creation of a registry of neurotrauma injuries within the State to identify incidence, prevalence, individual needs, and related information; and
(4) Necessary administrative expenses to carry out this chapter not to exceed two per cent of the total amount collected.
(c) Moneys in the neurotrauma special fund may be appropriated to obtain federal and private grant matching funds, subject to section 321H-4(a)(2).
(d) In administering the fund, the director shall maintain records of all expenditures and disbursements made from the neurotrauma special fund.
(e) The director shall submit to the legislature an annual report on the activities under the neurotrauma special fund no later than twenty days prior to the convening of each regular session. [L 2002, c 160, pt of §2; am L 2006, c 129, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-1 Removal, prevention.

§322-1 Removal, prevention.
The department of health and its agents shall examine into all nuisances, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, sources of filth, and all causes of sickness or disease, on shore, and in any vessel, which may be known to them or brought to their attention, which in their opinion are dangerous or injurious to health, and into any and all conditions created or existing which cause or tend to cause sickness or disease or to be dangerous or injurious to health, and shall cause the same to be abated, destroyed, removed, or prevented.
For purposes of this part, a nuisance shall include:
(1) Toxic materials that are used in or by-products of the manufacture or conversion of methamphetamine, and clandestine drug labs that manufacture methamphetamine; and
(2) Odors and filth resulting from a person feeding feral birds. [PC 1869, c 59, §9; am L 1911, c 111, §1; am L 1915, c 96, §1; RL 1925, §923; RL 1935, §1310; RL 1945, §2701; RL 1955, §47-1; am L Sp 1959 2d, c 1, §19; HRS §322-1; am L 2004, c 44, §23; am L 2013, c 269, §1]
Case Notes
Dumping of garbage at sea. 283 U.S. 473 (1931).
Does not authorize board to destroy what is not a nuisance or to declare that to be which is not in fact a nuisance. 14 H. 533, 537 (1902).
Courts will review board's actions when taken without notice to owner. 22 H. 327, 345 (1914).
Cited: 19 H. 628 (1909).
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-2 Ordering owner to remove.

§322-2 Ordering owner to remove.
Whenever any such nuisance, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease is found on private property, the department of health shall cause notice to be given to the owner to remove and abate the same at the owner's own expense within such reasonable time as the department may deem proper. A duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner if residing in the State. If the owner resides out of the State or cannot be reached with notice speedily, notice left at the house or posted on the premises shall be sufficient. If the owner thus notified does not comply with the notification or order of the department, or its agent, within the time specified, the department or its agent may apply to the district court of the circuit in which the property is situated for an order authorizing the department to execute and carry out the notice or for an order to abate the nuisance and remove, destroy, or prevent the cause of the foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to public health.
The department may recover by appropriate proceedings the expenses incurred by it in the abatement, removal, destruction, or prevention, from any person who has caused or allowed the nuisances, source of foul or noxious odors, gases or vapors, water in which mosquito larvae breed, source of filth, or cause of sickness or disease, or other thing detrimental to the public health, and from any owner, tenant, or occupant of the premises, who, after notice, has failed to abate, remove, destroy, or prevent the nuisance, source of foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to the public health within the time specified in the notice. In no case shall the department or any officer or agent thereof be liable for costs in any action or proceeding that may be commenced in pursuance of this part. [PC 1869, c 59, §10; am L 1911, c 111, §2; am L 1919, c 80, §1; RL 1925, §924; RL 1935, §1311; RL 1945, §2702; RL 1955, §47-2; am L Sp 1959 2d, c 1, §19; HRS §322-2; am L 1970, c 188, §40; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 322. Nuisances; Sanitary Regulations › 322-3 Nuisance on public property.

§322-3 Nuisance on public property.
Whenever any nuisance, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, source of filth, or cause of sickness or disease is found on public property or on a public highway, street, lane, alley, or other public place, notice shall be given by the department of health, or its agent, to the person officially in charge thereof, and the person shall be notified to abate, destroy, remove, or prevent the same. In case of failure to comply with the notice, the mode of procedure shall be the same as hereinbefore provided in case of private persons in section 322-2. [L 1911, c 111, §3; RL 1925, §926; RL 1935, §1313; RL 1945, §2704; RL 1955, §47-4; am L Sp 1959 2d, c 1, §19; HRS §322-3]