reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-4.6 Cost-recovery fees for the administration of Hawaii state public library system.

§312-4.6 Cost-recovery fees for the administration of Hawaii state public library system.
(a) The state librarian may charge and add a fee to any amount due in accordance with the state librarian's duties and powers under section 312-2.1(d) for:
(1) Any cost or expense incurred by the Hawaii state public library system as a result of any action taken to enforce the collection of costs of lost books and any overdue fines and fees charged to that patron after the public library system has mailed written notice demanding payment and advising that continued failure to pay the amount due may result in collection action being taken, including the imposition of cost-recovery fees, not to exceed $10, pursuant to this section. Any cost-recovery fee charged against the patron for costs, fees, and other charges may include collection agency fees, attorneys' fees, court filing fees, and similar fees incurred by the Hawaii state public library system in connection with the collection action;
(2) Hawaii public library system sponsored seminars or workshops, including educational materials in various media format; and
(3) Research and reference materials published on magnetic media, CD-ROM, or other digital or electronic form.
(b) Interest shall not accrue with respect to any fee under this section.
(c) Notwithstanding any other provisions under this chapter, whenever a patron makes a partial payment of a particular delinquent amount, the amount received by the Hawaii state public library system shall first be credited to the fees charged under this section, in the order the fees were charged.
(d)
[Repeal and reenactment on June 30, 2028. L 2023, c 141,
§4
.]
Without regard to chapter 91, the state librarian shall prescribe the procedures relating to:
(1) The charging of fees;
(2) The waiver of fees;
(3) The documents, materials, and services for which fees may be charged;
(4) The amount of the fees that may be assessed and charged to a library patron;
(5) The accumulated amount of lost library material costs, fines, or fees;
(6) The period of time that the lost library materials costs, fines, or fees shall remain unpaid before they may be referred to a collection agency for collection; and
(7) The notification of persons having delinquent accounts of the additional fees to be charged by the collection agency prior to the referral to the collection agency.
(e) The state librarian may waive any fee imposed by the Hawaii state public library system under chapter 312 in cases of hardship as prescribed by rules adopted under chapter 91.
(f) Upon its collection, the cost-recovery fee shall be deposited into the libraries special fund established by section 312-3.6 and shall be expended as prescribed by law. [L 1999, c 231, §2; am L 2015, c 26, § §5, 6; am L 2023, c 141, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-5 Annual report to the governor.

§312-5 Annual report to the governor.
Annually during the month of July but as of June 30 preceding, the state librarian shall report to the governor the moneys received from all sources and expended for all purposes during the preceding year, and any other matters pertaining to the libraries which it may deem important, or the governor may require. [L 1909, c 83, §5; RL 1925, §420; RL 1935, §803; am L 1937, c 33, §1; RL 1945, §1914; RL 1955, §45-4; am L Sp 1959 2d, c 1, §18; HRS §312-5; am L 1981, c 150, §10; am L 2015, c 26, §7]
Cross References
Annual reports, see §93-12.
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-8 Literacy and lifelong learning program.

§312-8 Literacy and lifelong learning program.
(a) In addition to its other duties, the board of education, through the state librarian, shall:
(1) Provide for the establishment and ongoing operation of a literacy and lifelong learning program for the public libraries in the State;
(2) Provide coordination and facilitation of the activities of literacy service providers and literacy programs in the public, private, and volunteer sectors; and
(3) Develop public-private sector literacy partnerships for literacy program support.
(b) The objectives of the literacy and lifelong learning program shall be to provide programmatic activities that promote intergenerational learning and well-being by improving parents' skills and attitudes toward education; increasing children's learning skills; enhancing parenting skills; and uniting adults and children in positive educational experiences.
(c) The literacy and lifelong learning program shall not affect existing department of education programs relating to adult education as provided under sections 302A-432 to 302A-435. [L 1993, c 361, pt of §1; am L 1996, c 89, §13; am L 1997, c 310, §1; am L 2001, c 109, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-8.5 Digital literacy program.

§312-8.5 Digital literacy program.
(a) The board of education, through the state librarian, shall:
(1) Provide for the establishment and ongoing operation of a digital literacy program for the public libraries in the State; and
(2) Provide coordination and facilitation of the activities of digital literacy service providers and digital literacy programs in the public, private, and volunteer sectors.
(b) The objectives of the digital literacy program shall be to provide programmatic activities promoting digital learning in the community by providing digital skill building opportunities that aim to improve:
(1) Knowledge and skills in digital literacy;
(2) Knowledge and skills in the use of digital education tools and platforms; and
(3) Knowledge, skills, and the use of digital education tools and platforms to make digital technology accessible to individuals with disabilities.
(c) The digital literacy program shall not affect existing department of education programs relating to adult education as provided under sections 302A-432 to 302A-435. [L 2022, c 232, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-12 Early learning classrooms and services on public library property; authorized.

§312-12 Early learning classrooms and services on public library property; authorized.
(a) The Hawaii state public library system, in consultation and partnership with the department of human services or the executive office on early learning, may establish new early learning classrooms and contract for early learning services licensed by the department of human services or authorized by the executive office on early learning at any library under the jurisdiction of the Hawaii state public library system; provided that:
(1) The entity with which the Hawaii state public library system partners to establish a new early learning classroom shall be the same entity responsible for the oversight of that early learning classroom; and
(2) The oversight of that early learning classroom shall be conducted pursuant to administrative rules adopted by that entity.
(b) The planning, constructing, equipping, and operating of new early learning classrooms and the contracting of early learning services shall not be subject to chapters 103D or 103F. [L 2020, c 46, §17]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-21 Fee for enhanced services program; established.

Note
Part designation added by L 1993, c 327, §1 and amended by L 1993, c 327, §3; L 1996, c 144, §2; L 1999, c 29, §2; L 2001, c 107, §2.
§312-21 Fee for enhanced services program; established.
(a) The state librarian shall:
(1) Provide for the establishment and ongoing operation of a fee for enhanced services program, which includes but is not limited to the planning, programming, and budgeting of operating, research and development, and capital investment programs;
(2) Have the ability to designate one or more of the public library's subordinates to be a notary public pursuant to section 456-18. Notwithstanding section 456-18, the designated subordinates, upon duly qualifying and receiving commissions as notaries public in government service, may administer oaths or take acknowledgements in nongovernmental matters, for which services the prescribed fees shall be demanded and received as governmental realizations and deposited into the library fee for enhanced services special fund; and
(3) Administer the library fee for enhanced services special fund.
(b) Notwithstanding section 312-3.6, all moneys collected through the fee for enhanced services program shall be deposited into the library fee for enhanced services special fund established under section 312-22.
(c) The state librarian, with the approval of the board of education, shall determine the types and kinds of enhanced services to be included under the fee for enhanced services program; provided that a schedule of fees for these enhanced services shall be adopted in accordance with chapter 91. Libraries shall not be obligated to offer all of the services specified in the fee for enhanced services program, and each public library shall determine which services it will provide. [L 1993, c 327, pt of §1; am L 2015, c 26, §8; am L 2018, c 167, §1 and c 171, §5]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-22 Library fee for enhanced services special fund.

§312-22
Library fee for enhanced services special fund.
(a) There is established in the state treasury the library fee for enhanced services special fund into which shall be deposited all moneys collected pursuant to section 312-21 and any fee schedules adopted pursuant thereto.
(b) The special fund shall be administered by the state librarian who shall determine the annual amount that each public library shall receive. Allocations shall be based on the balance in the special fund on the first day of each fiscal year and made in quarterly installments not more than thirty days after the close of each fiscal quarter.
(c) Moneys allocated from the special fund shall be used by each community, school, or public library to operate its fee for enhanced services program. Each library shall post in a conspicuous place a list of expenditures made by the library from the special fund during the preceding fiscal quarter.
(d) The state librarian shall submit an annual report on the status of the special fund. The report shall include information about:
(1) Deposits made into the fund and the source of these deposits;
(2) Allocations to each public library, including allocations established for both the fiscal year covered by the annual report and the subsequent fiscal year;
(3) Descriptions and amounts of the expenditures made from the fund;
(4) The balance remaining in the fund on June 30 of each year;
(5) Financial information regarding receipt sources by individual libraries; and
(6) Actual expenditure of receipts by individual libraries.
The report shall be submitted to the legislature and the governor not later than twenty days prior to the convening of each regular session.
[L 1993, c 327, pt of §1; am L 1999, c 45, §2; am L 2018, c 171, §6]
2023 Hawaii Revised Statutes › Title 18. Education › 315. Interstate Agreement on Qualifications of Educational Personnel › 315-3 Contracts under agreement.

§315-3 Contracts under agreement.
True copies of all contracts made on behalf of the State pursuant to the Agreement shall be kept on file in the office of the Hawaii teacher standards board and in the office of the lieutenant governor. [L 1969, c 47, §3; am L 2004, c 21, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 319. Dental Education › 319-1 Definitions.

§319-1 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
"Department" means the department of budget and finance.
"Director" means the director of finance.
"Plan" means the Hawaii dental education plan.
"WICHE" means the Western Interstate Commission for Higher Education as described in chapter 304A, part VII, subpart D. [L 1976, c 132, pt of §2; am L 2006, c 75, §10]
2023 Hawaii Revised Statutes › Title 18. Education › 319. Dental Education › 319-3 Hawaii dental education plan.

§319-3 Hawaii dental education plan.
(a) The department may enter into agreements with dental schools accredited by the American Dental Association not within the jurisdiction of WICHE, for the education of Hawaii residents.
(b) The agreements entered into under subsection (a) shall provide among other necessary and desirable provisions that the schools contracted with shall reserve a set number of vacancies in each class for qualified applicants who are residents of the State of Hawaii. The State, through the department, shall disburse moneys, on behalf of the student, to the school, the total of which for each student shall not exceed amounts being provided per student for a similar program under WICHE. The agreements may contain other provisions relating to the administration of the plan and any contracts thereunder.
(c) Subject to the limitation set by subsection (b), any amount allotted to a student shall be disbursed directly to the school.
(d) Any student participating in the plan shall be responsible for financing of the student's expenses except for the amount specified in a contract executed in conformance with this chapter. The State shall not be implicitly or explicitly presumed to be liable or in any way responsible for any cost of a dental education for any participating student except under such contract.
(e) Students approved for participation in the plan shall be residents of the State of Hawaii, and shall have met the entrance requirements of the contracting dental school. Determination of the amount of funds to be expended on behalf of a student approved for participation in the plan shall be based on need and ability; provided that where there is no demonstrated need, the State shall not be required to provide such specific sum.
(f) Students seeking participation in this program shall be required by the department of budget and finance to execute an agreement with the State, which shall, among other necessary and desirable provisions, provide that upon completion of the student's dental education the student shall either:
(1) Actively engage in professional practice or other professional pursuits in areas with inadequate dental service, with the department of health, or other acceptable service as determined by the director of human services, director of health, and the director of finance, jointly, or
(2) Repay all amounts expended by the State of Hawaii under this plan for the student's education.
(g) Neither the department of budget and finance nor any professional dental society in the State shall influence the selection of the qualified applicants for the plan nor the schools which the selected applicants attend. [L 1976, c 132, pt of §2; gen ch 1985; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-1.1 Development of environmental goals and objectives.

§321-1.1 Development of environmental goals and objectives.
The department of health, with input from the regulated community and general public, shall develop environmental goals and objectives, to be used in the implementation of its programs which shall ensure that the following natural resources are protected: air quality; land; coastal waters; inland waters; and groundwater. It shall also be the goal of the department to organize its environmental protection programs to improve the coordination of environmental planning and oversight; improve the enforcement of environmental laws, rules, and policies; and improve the ability to identify, prevent, and respond to significant releases of pollutants into the environment. The department of health shall ensure that the environmental goals and objectives will remain current by reviewing them every two years, with input from the regulated community and the general public. The department shall report its findings and conclusions following each such review, to the legislature no later than twenty days prior to the convening of the legislative session immediately following the completion of the review. [L 1996, c 290, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-1.3 Domestic violence and sexual assault special fund.

§321-1.3 Domestic violence and sexual assault special fund.
(a) There is established within the state treasury a special fund to be known as the domestic violence and sexual assault special fund to be administered and expended by the department of health.
(b) The moneys in the special fund shall be reserved for use by the department of health for programs and grants or purchases of service consistent with chapter 42D that support or provide domestic violence and sexual assault intervention or prevention as authorized by law. Moneys in the special fund shall be used for new or existing programs and shall not supplant any other moneys previously allocated to these programs.
(c) Fees remitted pursuant to section 338-14.5, income tax remittances allocated under section 235-102.5, interest and investment earnings attributable to the moneys in the special fund, and grants, donations, and contributions from private or public sources for the purposes of the fund, shall be deposited into the special fund.
(d) The department of health shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session providing the following:
(1) An accounting of the receipts of, and expenditures from, the special fund; and
(2) Recommendations on how to improve services for victims of domestic violence and sexual assault. [L 1997, c 216, § §1, 13; am L 1999, c 194, §1; am L 2004, c 228, §2; am L 2005, c 142, §2]
Note
Chapter 42D referred to in text is repealed. For present provisions, see chapters 42F and 103F.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-1.4 Office of health care assurance special fund; deposits; expenditures

§321-1.4 Office of health care assurance special fund; deposits; expenditures
. (a) There is established within the department of health, to be administered by the department of health, the office of health care assurance special fund into which shall be deposited moneys collected under section 321-11.5(b), license fees for the administration of the durable medical equipment supplier license program collected pursuant to section 321-544, and all administrative penalties imposed and collected by the office of health care assurance pursuant to section 321-20.
(b) Moneys in the special fund shall be expended by the department of health:
(1) To assist in offsetting operating costs and educational program expenses of the department of health's office of health care assurance; and
(2) For the purpose of enhancing the capacity of office of health care assurance programs to:
(A) Improve public health outreach efforts, program and community development, and consultations to industries regulated;
(B) Educate the public, the staff of the department of health, and other departments within the State, as well as staff and providers of all health care facilities and agencies regulated; and
(C) Administer and support the durable medical equipment supplier license program established pursuant to part XLIII.
(c) The department of health shall submit a report to the legislature concerning the status of the special fund, including the amount of moneys deposited into and expended from the special fund, and the sources of receipts and uses of expenditures, no later than twenty days prior to the convening of each regular session. [L 1999, c 120, §1; am L 2002, c 188, §1; am L 2007, c 90, §1; am L 2016, c 137, §3; am L 2022, c 38, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-1.6 Additional duties of the director.

§321-1.6 Additional duties of the director.
Any health center previously designated as a Federally Qualified Health Center (FQHC), FQHC look alike, or Rural Health Clinic (RHC) shall have comparable designation as a Hawaii Qualified Health Center and shall also be known as Essential Community Providers. The director of health, with the concurrence of the director of human services, shall have the authority to designate other Hawaii health centers not yet federally designated but deserving of support to meet short term public health needs based on the department of health's criteria, as Hawaii Qualified Health Centers. [L 1994, c 238, §2]
Cross References
Federally qualified health centers and rural health clinics--supplemental medicaid payment process, see § §346-53.61 to 346-53.65.
Federally qualified health centers; rural health clinics; reimbursement, see §346-53.6.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-1.65 Community health centers special fund.

§321-1.65 Community health centers special fund.
(a) There is established within the state treasury a special fund to be known as the community health centers special fund to be administered and expended by the department of health.
(b) The moneys in the special fund shall be used by the department of health for the operations of federally qualified health centers.
(c) Moneys collected pursuant to section 245-15 shall be deposited into the special fund. [L 2006, c 316, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-1.7 Public health nursing services program.

§321-1.7 Public health nursing services program.
(a) There is established within the department of health a public health nursing services program. At the discretion of the director of health, the program may provide services, including but not limited to the following:
(1) Mobilizing the department's nursing resources and responding to catastrophic and traumatic emergency events, including natural disasters and biologic outbreaks or exposures;
(2) Responding to communicable disease, epidemic, and other public health disease outbreaks;
(3) Providing care coordination services to the most vulnerable populations of special needs infants, toddlers, and children with complex medical conditions, including medically fragile children, as well as the elderly and other populations who have difficulty accessing the health care system;
(4) Collaborating with the department of education and the Hawaii chapter of the American Academy of Pediatrics in providing school health services to address the medical and health conditions of public school students that affect their learning;
(5) Developing collaborative partnerships with individuals, families, communities, and providers to improve the health of families and communities through the assessment of community health needs, the setting of priorities, and policy development;
(6) Collecting and evaluating data to determine family and community health needs for nursing and health service delivery changes to enhance the quality of life for families; and
(7) Providing other health care related services as determined appropriate based on community health needs.
(b) Provision of services by the public health nursing services program shall be limited by and subject to the availability of funds. [L 2004, c 173, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-1.8 Inspections; public notice.

§321-1.8 Inspections; public notice.
(a) Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all inspections it performs of the following state-licensed care facilities:
(1) Adult day health centers;
(2) Adult day care centers;
(3) Community care foster family homes;
(4) Developmental disabilities domiciliary homes as defined in section 321-15.9;
(5) Developmentally disabled adult foster homes;
(6) Long-term care facilities as defined in section 349-21(f); and
(7) Special treatment facilities as defined in section 334-1.
(b) Each report shall be posted on the department of health's website within five working days of the conclusion of each inspection and shall include the following information:
(1) The date of the inspection;
(2) A description of violations of relevant state laws or rules, if applicable;
(3) Plans of correction and the status of corrective actions in response to any violations, if applicable;
(4) A list and description of all corrective actions taken by the facility, if applicable, to be submitted by the facility and added to the report at a later time, as determined by the department; and
(5) Other information regarding the quality and conditions of the facility the department of health deems appropriate.
(c) Each report posted on the department of health's website that reports a violation committed by a state-licensed care facility as described in subsection (a) shall be removed from the website after three years from the date the report was posted. [L 2013, c 213, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-1.9 Inspections; visits; state-licensed or state-certified care facilities.

§321-1.9 Inspections; visits; state-licensed or state-certified care facilities.
(a) The department of health shall conduct unannounced visits and inspections, including inspections for relicensing or recertification, for the following state-licensed or state-certified care facilities on an annual basis and at such intervals as determined by the department to ensure the health, safety, and welfare of each resident:
(1) Adult day health centers;
(2) Adult day care centers;
(3) Community care foster family homes;
(4) Developmental disabilities domiciliary homes;
(5) Adult foster homes;
(6) Long-term care facilities, including but not limited to:
(A) Adult residential care homes;
(B) Expanded adult residential care homes;
(C) Assisted living facilities;
(D) Intermediate care facilities;
(E) Nursing facilities; and
(F) Skilled nursing facilities; and
(7) Special treatment facilities.
(b) Unannounced visits may be conducted during or outside regular business hours. All inspections relating to follow-up visits, visits to confirm correction of deficiencies, or visits to investigate complaints or suspicion of abuse or neglect shall be conducted unannounced during or outside regular business hours. Annual inspections for relicensing or recertification may be conducted during regular business hours or at intervals determined by the department. Annual inspections for relicensing or recertification shall be conducted without notice.
(c) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2016, c 184, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-2 General office.

§321-2 General office.
The department of health shall maintain its general office in Honolulu and such other offices throughout the State as it, in its discretion, may deem to be necessary for the proper performance of its functions. [L 1937, c 122, pt of §2; am L 1941, c 16, §1; RL 1945, §2003; RL 1955, §46-3; am L Sp 1959 2d, c 1, §19; HRS §321-2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-2.5 Volunteer medical assistance personnel.

§321-2.5 Volunteer medical assistance personnel.
(a) This section shall apply to all volunteer medical assistance personnel, including:
(1) Physicians;
(2) Psychologists;
(3) Nurses;
(4) Emergency medical technicians;
(5) Social workers;
(6) Mobile intensive care technicians;
(7) Physician assistants; and
(8) Pharmacists,
licensed or certified in this State, or employed by a health care facility, while providing volunteer medical assistance services.
(b) Any volunteer medical assistance personnel who is injured in the performance of volunteer medical assistance services, shall be entitled to the benefits in section 386-171.
(c) Except in cases of wilful or criminal misconduct, gross negligence, or reckless misconduct, any volunteer medical assistance personnel providing volunteer medical assistance services shall not be liable for the death of or injury to persons, or for damage to property, as a result of any act or omission in the course of rendering volunteer medical assistance services. No act or omission shall be imputed to the owner of any vehicle by reason of ownership thereof; provided that nothing in this section shall preclude recovery by any person for injury or damage sustained from the operation of any vehicle that may be insured under section 41D-8 to the extent of the insurance.
(d) Nothing in this section shall be construed to affect any civil action brought by the State or a county against any volunteer medical assistance personnel of the State or a county.
(e) In any suit against the State or a county for civil damages based upon the negligent act or omission of volunteer medical assistance personnel, proof of the negligent act or omission shall be sufficient to establish the responsibility of the State or a county therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer medical assistance personnel with respect to any act or omission included under subsection (c).
(f) For the purposes of this section:
"Volunteer medical assistance services" means the rendering of professional medical services that are provided on behalf of and authorized by the State or a county, including participation during periods of volunteer medical assistance services and volunteer medical assistance services training; provided that services provided pursuant to section 321-23.3 shall not be considered to be volunteer medical assistance services. Volunteer medical assistance services shall include providing professional medical services in support of vaccination campaigns or outreach clinics. [L 2010, c 134, §1; am L 2012, c 265, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-2.7 Preceptor credit assurance committee.

§321-2.7 Preceptor credit assurance committee.
(a) There is established the preceptor credit assurance committee within the department of health. The committee shall develop and implement a plan for certifying healthcare preceptor tax credits under section 235-110.25, including:
(1) Developing a process ensuring that requests for credit certification are reviewed and verifications are processed no later than thirty days following the close of each calendar year;
(2) Developing the documentation process for the committee to certify a preceptor for the tax credit; provided that the documentation to be collected shall include:
(A) The preceptor's name, address, place of practice, and Hawaii provider license number;
(B) Dates and hours of volunteer-based supervised clinical training rotation per eligible student;
(C) Attestation that the preceptor is uncompensated for the volunteer-based supervised clinical training rotation; and
(D) Other information deemed necessary by the committee.
(b) The committee shall be composed of representatives of:
(1) The Hawaii/Pacific basin area health education center;
(2) The center for nursing; and
(3) Academic programs with eligible students.
(c) Members of the committee shall be immune from civil liability for any official act, decision, or omission performed for the purpose for which the committee was established, except for any acts, decisions, or omissions that constitute gross negligence or wilful misconduct.
(d) The proceedings of the committee shall not be subject to part I of chapter 92.
(e) As used in this section, "academic program", "eligible student", "preceptor", and "volunteer-based supervised clinical training rotation" shall have the same meanings as in section 235-110.25. [L 2018, c 43, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-4 Agents and inspectors.

§321-4 Agents and inspectors.
There shall be appointed by the director of health a suitable number of agents and inspectors in such localities as may be necessary, who shall carry into effect all laws and regulations for the public health, and such ordinances relating to public health as the director may direct. [PC 1869, c 59, §3; am L 1925, c 34, §2; RL 1935, §902; am L 1937, c 122, §3; am L 1943, c 43, §1(6); RL 1945, §2010; am L 1945, c 209, §1; RL 1955, §46-10; am L Sp 1959 2d, c 1, §19; HRS §321-4]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-4.3 Epidemiologists. The department of health may establish permanent or temporary exempt positions known as epidemiologists for the purpose of investigating diseases and injuries which threaten the public health and safety. The positions shall be appointed by the director without regard to chapter 76. [L 2008, c 78, §1; am L 2018, c 4, §2]

§321-4.3
Epidemiologists.
The department of health may establish permanent or temporary exempt positions known as epidemiologists for the purpose of investigating diseases and injuries which threaten the public health and safety. The positions shall be appointed by the director without regard to chapter 76. [L 2008, c 78, §1; am L 2018, c 4, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-4.5 Inspection of food establishments. Inspections of food establishments may be performed only by a registered sanitarian or a food and drug inspector. [L 1997, c 334, pt of §1]

§321-4.5
Inspection of food establishments.
Inspections of food establishments may be performed only by a registered sanitarian or a food and drug inspector.
[L 1997, c 334, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-4.7 Producers of hand-pounded poi; exemption.

§321-4.7 Producers of hand-pounded poi; exemption.
A producer of hand-pounded poi shall not be required to process poi in a certified food-processing establishment or be required to obtain a permit from the department of health, if the producer:
(1) Sells hand-pounded poi directly to consumers;
(2) Prepares hand-pounded poi adjacent to permanent or temporary hand-washing facilities; and
(3) Complies with rules adopted by the department to protect the health and safety of the public.
The department shall adopt rules pursuant to chapter 91 to effectuate this section no later than December 31, 2011. [L 2011, c 107, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-6.5 Clinical laboratory test results. (a) Clinical laboratory test results may be provided to authorized persons for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and federal regulations promulgated thereunder. (b) For purposes of this section, "authorized persons" shall include: (1) The provider ordering the test, or the provider's designee; and (2) Any covered entity as defined under 45 Code of Federal Regulations section 160.103 promulgated under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. [L 2010, c 72, §1]

§321-6.5
Clinical laboratory test results.
(a) Clinical laboratory test results may be provided to authorized persons for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and federal regulations promulgated thereunder.
(b) For purposes of this section, "authorized persons" shall include:
(1) The provider ordering the test, or the provider's designee; and
(2) Any covered entity as defined under 45 Code of Federal Regulations section 160.103 promulgated under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. [L 2010, c 72, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-7 Disbursement of moneys.

§321-7 Disbursement of moneys.
For the purpose of carrying into effect the laws relating to the public health, the department of health may apportion and disburse all sums of money that are appropriated by the legislature for the preservation of the public health. The department shall observe the strictest economy in the expenditure of all public moneys placed under its control. The department shall also consider the alternative of leasing equipment versus equipment purchases. Such lease options may include, but not be limited to, contracts for maintenance, option to buy, and periodic updating of equipment. [PC 1869, c 59, §30; am L 1876, c 11, §4; RL 1925, §910; RL 1935, §901; RL 1945, §2009; RL 1955, §46-9; am L Sp 1959 2d, c 1, §19; HRS §321-7; am L 1979, c 33, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-9 Seal, rules and regulations.

§321-9 Seal, rules and regulations.
The department of health may adopt a seal and may adopt such rules and regulations as it may consider expedient for the conduct of its business. The department may amend or revise such rules and regulations from time to time. [RL 1935, pt of §904; am L 1937, c 122, §4; am L 1941, c 18, §1; RL 1945, §2011; RL 1955, §46-11; am L Sp 1959 2d, c 1, §19; HRS §321-9]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-10 Rules, adoption, effect.

§321-10 Rules, adoption, effect.
All rules and regulations made by the department of health shall be made in conformity with chapter 91. They shall have the force and effect of law. [PC 1869, c 59, §7; RL 1925, §913; RL 1935, §905; am L 1939, c 136, §1; RL 1945, §2012; am L 1945, c 116, §1(a); RL 1955, §46-12; am L Sp 1959 2d, c 1, §19; am L 1965, c 96, §28; HRS §321-10]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-10.5 Agricultural processing facilities; permits; priority.

§321-10.5 Agricultural processing facilities; permits; priority.
(a) Any agency subject to this chapter or title 19 that issues permits shall establish and implement a procedure for the priority processing of permit applications and renewals, at no additional cost to the applicant, for agricultural processing facilities that process crops or livestock from an agribusiness; provided that the majority of the lands held, owned, or used by the agribusiness shall be land designated as important agricultural lands pursuant to part III of chapter 205, excluding lands held, owned, or used by the agribusiness in a conservation district.
Any priority permit processing procedure established pursuant to this section shall not provide or imply that any permit application filed under the priority processing procedure shall be automatically approved.
(b) As used in this section, "agribusiness" means a business primarily engaged in the care and production of livestock, livestock products, poultry, poultry products, apiary, horticultural or floricultural products, the planting, cultivating, and harvesting of crops or trees, or the farming or ranching of any plant or animal species in a controlled salt, brackish, or fresh water environment. [L 2008, c 233, §12]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-11.1 Medically accurate sexuality health education.

§321-11.1 Medically accurate sexuality health education.
(a) Sexuality health education programs funded by the State shall provide medically accurate and factual information that is age appropriate and includes education on abstinence, contraception, and methods of disease prevention to prevent unintended pregnancy and sexually transmitted disease, including human immunodeficiency virus.
(b) For the purposes of this section:
"Age appropriate" means suitable to a particular age or age group based on developing cognitive, emotional, and behavioral capacity typical for that age or age group.
"Factual information" means medical, psychiatric, psychological, empirical, or statistical information that is verified or supported by research conducted by recognized medical, psychiatric, psychological, and public health professionals or organizations.
"Medically accurate" means verified or supported by research conducted in compliance with accepted scientific methods and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists.
"Sexuality health education" means education in any medium regarding human development and sexuality, including education on pregnancy, family planning, and sexually transmitted diseases. [L Sp 2009, c 27, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-11.4 Fees for electronic applications and payments

§321-11.4 Fees for electronic applications and payments
. (a) Any departmental program that collects fees for the issuance of permits, licenses, certificates, or similar approvals, under chapters 340E, 340F, 342D, 342H, 342J, 342L, and that is required to deposit those fees to the credit of the general fund, may first deduct any electronic and credit card processing fees or charges that are made pursuant to agreements between the department and electronic services and credit card services providers from the total amount received by the department from the applicant for each payment made electronically.
(b) For purposes of this section, the term "credit card" includes credit cards, charge cards, and debit cards.
(c) A person making an electronic payment to the department remains liable for the underlying obligation except to the extent that the department realizes final payment of the underlying obligation in cash or the equivalent. If the credit card issuer, bank, or other guarantor of payment in the transaction does not pay the department, then the underlying obligation survives, and the department retains all remedies for enforcement that would have applied if the transaction had not occurred. No contract may modify the provisions of this subsection. This subsection, however, does not make the underlying obligor liable for any electronic or credit card fees paid to an electronic services provider or credit card issuer or party other than the department. [L 2008, c 83, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-11.5 Establishment of fees.

§321-11.5 Establishment of fees.
(a) The department of health, by rules adopted pursuant to chapter 91, may establish reasonable fees for the issuance or renewal of licenses, permits, variances, and various certificates required by law or by the department's rules. The fees may include the cost of related examinations, inspections, investigations, and reviews.
(b) All fees paid and collected pursuant to this section and rules adopted in accordance with chapter 91 from facilities seeking licensure or certification by the department of health, including hospitals, nursing homes, home health agencies, home care agencies, intermediate care facilities for individuals with intellectual disabilities, freestanding outpatient surgical facilities, adult day health care centers, rural health centers, laboratories, adult residential care homes, expanded adult residential care homes, developmental disability domiciliary homes, assisted living facilities, therapeutic living programs, and special treatment facilities, shall be deposited into the office of health care assurance special fund created under section 321-1.4. Any other entities required by law to be licensed by the department of health shall also be subject to reasonable fees established by the department of health by rules adopted in accordance with chapter 91.
(c) Other than the fees collected under subsection (b), all other fees collected under this section and section 321-15 shall be deposited into the sanitation and environmental health special fund established under section 321-27. [L 1982, c 80, §4; am L 1994, c 169, § §3, 9; am L 1996, c 164, §1; am L 1998, c 311, § §13, 16; am L 1999, c 120, §3; am L 2007, c 90, §2; am L Sp 2009, c 21, § §4, 8; am L 2010, c 176, §2; am L 2011, c 220, §11; am L 2014, c 125, §2; am L 2019, c 158, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-11.51 Sanitation permits; transfer. Sanitation permits that have not expired as of July 2, 1997, shall be transferable upon the sale of a food establishment; provided that such transfers are subject to the new owner agreeing to abide by the compliance schedule of the department of health. [L 1997, c 334, pt of §1] Revision Note "July 2, 1997," substituted for "the effective date of this Act".

§321-11.51
Sanitation permits; transfer.
Sanitation permits that have not expired as of July 2, 1997, shall be transferable upon the sale of a food establishment; provided that such transfers are subject to the new owner agreeing to abide by the compliance schedule of the department of health. [L 1997, c 334, pt of §1]
Revision Note
"July 2, 1997," substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-11.6 Genetically modified organisms.

§321-11.6 Genetically modified organisms.
Any applicant to any federal agency for any permit for or approval of any bioproduct, field testing of genetically modified organisms, or environmental impact assessment of genetically modified organisms shall submit one copy of that application to the department, at the same time that the application is submitted to the federal agency. [L 1988, c 160, §2]
Law Journals and Reviews
Poisons in Our Communities: Environmental Justice's Role in Regulating Hawai`i's Biotechnology Industry. 40 UH L. Rev. 155 (2018).
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-11.8 Care homes; liability insurance; coverage.

§321-11.8 Care homes; liability insurance; coverage.
(a) All operators of adult foster homes under section 321-11.2, adult residential care homes, assisted living facilities, community care foster family homes as defined in section 321-481, developmental disabilities domiciliary homes as defined in section 321-15.9, and expanded adult residential care homes as defined in section 321-15.1, shall obtain and maintain the following in coverage amounts deemed sufficient and appropriate by the department of health:
(1) Liability insurance with respect to their operation of the homes or facilities; and
(2) Automobile liability insurance, including adequate bodily injury liability coverage for vehicles used to transport residents of the homes or facilities.
(b) Proof of liability insurance for both the home or facility and for vehicles used to transport home or facility residents as required by subsection (a) shall be verified by the department of health, or its designee, on an annual basis.
(c) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2013, c 212, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-11.9 Dental health facilities; health care facilities; use of latex gloves.

[ §321-11.9] Dental health facilities; health care facilities; use of latex gloves.
All personnel working in dental health facilities or health care facilities, including all facilities listed in section 321-11(10), shall be prohibited from using latex gloves for patient care where the patient is unconscious or otherwise physically unable to communicate. Where the patient is conscious and physically able to communicate, latex gloves may be used if the patient affirmatively states that the patient is not allergic to latex. L 2016, c 180, §2
Cross References
Emergency medical services; use of latex gloves prohibited, see §321-236.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-12 Barbers, hairdressers, cosmeticians, cosmetologists, and beauticians.

§321-12 Barbers, hairdressers, cosmeticians, cosmetologists, and beauticians.
The department of health may prescribe rules and regulations which it deems necessary for the public health and safety relative to barbers, hairdressers, cosmeticians, cosmetologists, and beauticians, and the carrying on of their occupations. [L 1907, c 70, §1; RL 1925, §1020; RL 1935, §920; am L 1943, c 43, §5(a); RL 1945, §2016; am L 1945, c 140, §1; am L 1949, c 19, §2; RL 1955, §46-14; am L Sp 1959 2d, c 1, §19; HRS §321-12]
Cross References
Barbering and cosmetology licensing act, see chapter 439A.