reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-19 Criminal offense; alteration or falsification of medical cannabis dispensary records.

§329D-19 Criminal offense; alteration or falsification of medical cannabis dispensary records.
(a) A person commits the offense of alteration or falsification of medical cannabis dispensary records if the person intentionally or knowingly:
(1) Makes or causes a false entry in medical cannabis dispensary records;
(2) Alters, erases, obliterates, deletes, removes, or destroys a true entry in medical cannabis dispensary records;
(3) Omits to make a true entry in medical cannabis dispensary records in violation of a duty that the person knows to be imposed upon the person by law or by the nature of the person's position; or
(4) Prevents the making of a true entry or causes the omission thereof in medical cannabis dispensary records.
(b) Alteration or falsification of medical cannabis dispensary records is a class C felony.
(c) For the purposes of this section:
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or other similar capabilities.
"Information" includes data, text, images, sounds, codes, computer programs, software, or databases.
"Medical cannabis dispensary records" means any inventory tracking records and other records maintained by a licensed medical cannabis dispensary, including the records of its retail dispensing locations and production centers, that are required by law to be created and retained or provided to the department.
"Record" means information that is written or printed or that is stored in an electronic or other medium and is retrievable in a perceivable form. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-20 Law enforcement access to dispensary and production center records.

§329D-20 Law enforcement access to dispensary and production center records.
Notwithstanding any other law, the department shall disclose information, documents, and other records regarding medical cannabis dispensaries and production centers, upon request, to any state, federal, or county agency engaged in the criminal investigation or prosecution of violations of applicable state, county, or federal laws or regulations related to the operations or activities of a medical cannabis dispensary. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-21 Revocation and suspension of licenses.

§329D-21 Revocation and suspension of licenses.
(a) In addition to any other actions authorized by law, the department may deny, revoke, or suspend any license applied for or issued by the department, in accordance with this chapter, and to fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:
(1) Procuring a license through fraud, misrepresentation, or deceit;
(2) Professional misconduct, gross carelessness, or manifest incapacity;
(3) Violation of any of the provisions of this chapter or the rules adopted thereto;
(4) False, fraudulent, or deceptive advertising;
(5) Any other conduct constituting fraudulent or dishonest dealings;
(6) Failure to comply with a department order; and
(7) Making a false statement on any document submitted or required to be filed by this chapter, including furnishing false or fraudulent material information in any application.
(b) Any person who violates any of the provisions of this chapter or the rules adopted pursuant thereto shall be fined not less than $100 nor more than $1,000 for each separate violation. Each day on which a violation occurs or continues shall be counted as a separate violation.
(c) If the department revokes or suspends a license under this section, the licensee shall not:
(1) Dispense, sell, transfer, or otherwise dispose of any cannabis or manufactured cannabis products owned by or in the possession of the licensee; or
(2) Manufacture cannabis products.
Upon a revocation order becoming final, all cannabis and manufactured cannabis products may be forfeited to the State.
(d) All proceedings for denial, suspension, fine, or revocation of a license on any ground specified in subsection (a) shall be conducted pursuant to chapter 91, including the right to judicial review. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2023, c 108, §10]
Revision Note
In subsection (c), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-22 Medical cannabis zoning.

§329D-22 Medical cannabis zoning.
(a) Medical cannabis production centers and dispensaries shall comply with all county zoning ordinances, rules, or regulations; provided that:
(1) A medical cannabis production center shall be permitted in any area in which agricultural production is permitted except as provided within this chapter; and
(2) No medical cannabis production center or dispensary shall be permitted within seven hundred fifty feet of the real property comprising a playground or school.
(b) As used in this section:
"Playground" means any public outdoor facility, including any parking lot appurtenant thereto, that is intended for recreation, with any portion thereof containing three or more separate apparatus intended for the recreation of children, including but not limited to sliding boards, swing sets, and teeterboards.
"School" means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2019, c 240, §4; am L 2020, c 70, §49]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-23 Annual inspections, audits, and reports.

§329D-23 Annual inspections, audits, and reports.
(a) Each medical cannabis production center and dispensary licensed pursuant to this part shall:
(1) Be subject to an annual announced inspection and unlimited unannounced inspections of its operations by the department; provided that inspections for license renewals shall be unannounced;
(2) Submit reports on at least a quarterly basis, or as otherwise required, and in the format specified by the department; and
(3) Annually cause an independent financial audit, at the dispensary licensee's own expense, to be conducted of the dispensary, its production center, and retail dispensing locations and shall submit the audit's findings to the department.
(b) The department shall report annually to the governor and the legislature on the establishment and regulation of medical cannabis production centers and dispensaries including but not limited to the number and location of production centers and dispensaries licensed, the total licensing fees collected, the total amount of taxes collected from production centers and dispensaries, and any licensing violations determined by the department. [L 2015, c 241, pt of §2; am L 2016, c 184, §7; am L 2017, c 170, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-24 Cultivation of medical cannabis by qualifying patients and primary caregivers.

§329D-24 Cultivation of medical cannabis by qualifying patients and primary caregivers.
Nothing in this chapter shall be construed as prohibiting a qualifying patient or primary caregiver from cultivating or possessing an adequate supply of medical cannabis pursuant to part IX of chapter 329.
A qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient shall not be authorized to cultivate cannabis. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §21]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-25 Coordination among state and federal agencies.

§329D-25 Coordination among state and federal agencies.
The department shall initiate ongoing dialogue among relevant state and federal agencies to identify processes and policies that ensure the privacy of qualifying patients and qualifying out-of-state patients and the compliance of qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients and medical cannabis dispensaries with state laws and regulations related to medical cannabis. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §22]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-26 Public education.

§329D-26 Public education.
(a) The department, in conjunction with medical cannabis dispensaries and physicians and advanced practice registered nurses who issue written certifications pursuant to section 329-123, shall conduct a continuing education and training program to explain and clarify the purposes and requirements of this chapter or to provide substance abuse prevention and education. The program shall target community partner agencies, physicians and other health care providers, patients and caregivers, law enforcement agencies, law and policy makers, and the general public. The program shall include, at minimum, education and outreach regarding:
(1) The updated, publicly-available list of medical cannabis dispensaries, physicians, and other health care providers participating in the program under this chapter;
(2) Lawful activities, unlawful activities, and applicable penalties for a medical cannabis dispensary, qualifying patient, primary caregiver, qualifying out-of-state patient, caregiver of a qualifying out-of-state patient, and other entity performing related activities; and
(3) The methods and associated requirements for a medical cannabis dispensary, qualifying patient, primary caregiver, or other entity to produce cannabis and manufactured cannabis products, as applicable.
(b) The department shall employ at least one full-time staff member whose qualifications and duties include the provision of medical cannabis health education. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2023, c 108, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-27 Administrative rules.

§329D-27 Administrative rules.
(a) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this chapter.
(b) No later than January 4, 2016, the department shall adopt interim rules, which shall be exempt from chapter 91 and chapter 201M, to effectuate the purposes of this chapter; provided that the interim rules shall remain in effect until July 1, 2025, or until rules are adopted pursuant to subsection (a), whichever occurs sooner.
(c) The department may amend the interim rules, and the amendments shall be exempt from chapters 91 and 201M, to effectuate the purposes of this chapter; provided that any amended interim rules shall remain in effect until July 1, 2025, or until rules are adopted pursuant to subsection (a), whichever occurs sooner. [L 2015, c 241, pt of §2; am L 2016, c 230, §20; am L 2017, c 41, §10; am L 2018, c 159, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 330. Poisons, Sale of › 330-1 Definition of poison.

§330-1 Definition of poison.
The term "poison" as used in this chapter, includes any chemical or preparation that has properties that are commonly considered poisonous or is capable of affecting the human organism in such a way and to such an extent that its possession, sale, transfer, use, or storage is found by the department to require regulation for public health and safety. The term "poison" does not include any drug for which a prescription is required by state or federal law. [PC 1869, c 88, §2; RL 1925, §1005; am L 1931, c 224, pt of §1; RL 1935, §1431; RL 1945, §2951; am L 1945, c 139, §1(a); RL 1955, §53-1; am L Sp 1959 2d, c 1, §19; HRS §330-1; am L 1986, c 179, §5; am L 2001, c 2, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 330. Poisons, Sale of › 330-2 Rules concerning poisons.

§330-2 Rules concerning poisons.
The department of health may adopt rules concerning poisons and poison containers. [PC 1869, c 88, §1; am L 1872, c 16, §1; RL 1925, §1004; am L 1931, c 224, pt of §1; RL 1935, §1430; RL 1945, §2952; am L 1945, c 139, §1(b); RL 1955, §53-2; am L Sp 1959 2d, c 1, §19; HRS §330-2; am L 2001, c 2, §2]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 19. Health › 330. Poisons, Sale of › 330-3 Penalty for violations.

§330-3 Penalty for violations.
Any person who violates any such rule or regulation of the department of health, shall be fined not less than $50 nor more than $500, or imprisoned not less than one month nor more than six months, or both. [L 1872, c 16, §2; RL 1925, §1006; am L 1931, c 224, pt of §1; RL 1935, §1432; RL 1945, §2953; RL 1955, §53-3; am L Sp 1959 2d, c 1, §19; HRS §330-3]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 19. Health › 330. Poisons, Sale of › 330-8 Use of certain chemical substances as inhalants unlawful.

§330-8 Use of certain chemical substances as inhalants unlawful.
It shall be unlawful for any person to use as an inhalant any substance, not a "food" as defined in section 328-1, which substance includes in its composition volatile organic solvents including amylacetate, trichloroethylene, and acetone or any other chemical substance, capable of producing upon inhalation any degree of intoxication; provided that this section shall not apply to any person using as an inhalant any such chemical substance pursuant to the direction of a physician. [L 1963, c 115, pt of §2; Supp, §53-5.5; HRS §330-8; am L 1998, c 11, §18]
Cross References
Intoxicating compounds, see chapter 328E.
2023 Hawaii Revised Statutes › Title 19. Health › 330. Poisons, Sale of › 330-9 Penalty.

§330-9 Penalty.
Any person who violates section 330-8 shall, upon conviction, be punished by a fine not exceeding $100 or by imprisonment not exceeding three months, or by both. [L 1963, c 115, pt of §2; Supp, §53-5.6; HRS §330-9]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 19. Health › 330. Poisons, Sale of › 330-10 Penalty.

§330-10 Penalty.
Any person violating this chapter, except where punishment is otherwise specifically provided, shall be fined not more than $1,000 for each offense. [PC 1869, c 88, §5; am L 1919, c 132, §1; RL 1925, §1010; RL 1935, §1435; RL 1945, §2956; RL 1955, §53-6; HRS §330-10]
2023 Hawaii Revised Statutes › Title 19. Health › 330C. Hawaii Poison Prevention Packaging Act › 330C-2 Purpose.

§330C-2 Purpose.
The dangers arising from accidental ingestion of substances produced or distributed for sale for consumption, use, or storage by individuals in or about the household, particularly by young children necessitates legislation designed to help reduce injuries to, and illnesses of young children ingesting such substances. It is the purpose of this chapter to require household substances which are accessible to young children and which may cause injury or illness to be contained in special packaging that is designed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of such substances within a reasonable time, but not difficult for normal adults to use properly. [L 1974, c 216, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 330C. Hawaii Poison Prevention Packaging Act › 330C-4 Rules; implementation.

§330C-4 Rules; implementation.
The director shall carry out and effectuate the purpose of this chapter by rules adopted under chapter 91 including but not limited to the following:
(1) The director may establish in accordance with this chapter, by rule, standards for the special packaging of any household substance if the director finds that:
(A) The degree or nature of the hazard to children in the availability of such substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and
(B) The special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance.
(2) In establishing a standard under this section, the director shall consider:
(A) The reasonableness of such standard;
(B) Available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances;
(C) The manufacturing practices of industries affected by this chapter; and
(D) The nature and use of the household substance.
(3) In carrying out this chapter, the director shall publish the director's findings, the director's reasons therefor, and citation of the sections of statutes which authorize the director's action.
(4) Nothing in this chapter shall authorize the director to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in section 330C-5(a)(2), labeling. In the case of a household substance for which special packaging is required pursuant to a rule under this section, the director may in such rule prohibit the packaging of such substance in packages which the director determines are unnecessarily attractive to children.
(5) Compliance with federal regulations prescribing standards issued pursuant to the Federal Act shall be deemed in compliance with this chapter. [L 1974, c 216, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 330C. Hawaii Poison Prevention Packaging Act › 330C-5 Conventional packages, marketing, labeling statements.

§330C-5 Conventional packages, marketing, labeling statements.
(a) For the purposes of making any household substance which is subject to a standard established under section 330C-4 readily available to elder or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if:
(1) The manufacturer or packer also supplies such substance in packages which comply with such standard; and
(2) The packages of such substance which do not meet such standard bear conspicuous labeling stating: "This package for households without young children"; except that the director may by rule prescribe a substitute statement to the same effect for packaging too small to accommodate such labeling.
(b) In the case of a household substance which is subject to such a standard and which is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in such order or when requested by the purchaser.
(c) In the case of a household substance subject to such a standard which is packaged under subsection (a) in a noncomplying package, if the director determines that such substance is not also being supplied by a manufacturer or packer in popular size packages which comply with such standard, the director may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, by order require such substance to be packaged by such manufacturer or packer exclusively in special packaging complying with such standard if the director finds, after opportunity for hearing, that such exclusive use of special packaging is necessary to accomplish the purposes of this chapter. [L 1974, c 216, pt of §1; gen ch 1985; am L 1990, c 67, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 330C. Hawaii Poison Prevention Packaging Act › 330C-6 Special packaging standards, establishment.

§330C-6 Special packaging standards, establishment.
(a) All rules prescribing standards for the special packaging of household substances now or hereafter adopted under authority of the Federal Act shall be the regulatory standards for special packaging of household substances in this State.
(b) Hearings authorized or required by this chapter shall be conducted by the director or an officer, agent or employee designated by the director pursuant to chapter 91.
(c) The authority to adopt rules for the efficient enforcement of this chapter is vested in the director. The director may make such rules conform, insofar as practicable, with those promulgated under the Federal Act.
(d) A federal regulation adopted pursuant to section 330C-6(a) shall take effect in this State on the date it becomes effective as a federal regulation. No publication or hearing shall be required.
(e) No standard shall be effective as to household substances subject to this chapter packaged prior to the effective date of such final rule. [L 1974, c 216, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 332. Mattresses, Manufacture, Etc., and Sale of › 332-1 Definition.

§332-1 Definition.
The term "mattress" as used in this chapter means any quilted pad, comforter, mattress, mattress-pad, bunk quilt, or cushion, stuffed or filled with wool, hair, or other soft material to be used on a couch or other bed and on which persons sleep or recline; provided that:
(1) The term "mattress" shall not include any items considered "beddings" under the federal Textile Fiber Products Identification Act (15 United States Code §70 et seq.); and
(2) A "cushion" includes only those that are filled with rubber, feathers, or down. [L 1927, c 234, §1; RL 1935, §1190; RL 1945, §2471; RL 1955, §55-1; HRS §332-1; am L 1988, c 20, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 332. Mattresses, Manufacture, Etc., and Sale of › 332-2 Materials.

§332-2 Materials.
No person, by oneself or by the person's agents, servants, or employees, shall employ or use in the making, remaking, or renovating of any mattress, any material of any kind that has been used in or has formed a part of, any mattress used in or about any public or private hospital, or institution for the treatment of persons suffering from disease, or for or about any person having any infectious or contagious disease; any material known as "shoddy", and made in whole or in part from old worn clothing, carpets, or other fabrics, or materials previously used, or any other fabrics, or materials from which shoddy is constructed; or any material, not otherwise prohibited by this chapter, of which prior use has been made, unless all of the materials have been thoroughly sterilized, and disinfected by a reasonable process, approved by the department of health. [L 1927, c 234, §2; RL 1935, §1191; RL 1945, §2472; RL 1955, §55-2; am L Sp 1959 2d, c 1, §19; HRS §332-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 332. Mattresses, Manufacture, Etc., and Sale of › 332-3 Tag, statement, form.

§332-3 Tag, statement, form.
No person, by oneself or the person's agents, servants, or employees, shall, directly or indirectly, at wholesale or retail, or otherwise, sell, offer for sale, deliver, or consign, or have in the person's possession with intent to sell, deliver, or consign, any mattress that shall not have plainly and indelibly stamped or printed thereon, or upon a tag of suitable, durable material, not smaller than three inches square, securely sewed to the covering thereof a statement, in the English language, setting forth the kind or kinds of materials used in filling the mattress, and whether the materials are in whole, or in part, new or old, or second-hand, or shoddy, and the name and address of the manufacturer or vendor thereof, or both; also the quantity of the materials used, expressed in terms of avoirdupois weight; also size of same, expressed in linear measure, clearly indicating the length and breadth thereof, except that tags attached to comforters need state only the percentage of new material and shoddy material, and no sizes need be marked on same; provided that this chapter shall not apply to the sale or other disposal by the owner thereof, of any mattress constituting a part of the owner's household furniture.
The statement shall be in the following form:
MATERIALS USED IN FILLINGS
Percentage of kinds of materials.................... Gross weight of materials, including cover.......... pounds.......... Size.......... Vendor............... Address.........................................................
[L 1927, c 234, § §3, 11; RL 1935, §1192; RL 1945, §2473; RL 1955, §55-3; HRS §332-3; am L 1969, c 196, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 332. Mattresses, Manufacture, Etc., and Sale of › 332-4 Statement, contents, use.

§332-4 Statement, contents, use.
Whenever the word "felt", as applied to cotton, is used in the statement concerning materials, it shall be indicated in the statement whether the felt is "felted cotton" or "felted linters". This requirement shall not apply to comforters. It shall be unlawful to use in the statement concerning any mattress the word "floss" or words of like import, if there has been used in filling the mattress any materials which are not termed as "kapok". It shall be unlawful to use in the statement concerning any mattress the word "hair" unless the mattress is entirely manufactured of animals' hair. It shall be unlawful to use in the description in the statement any misleading term or designation, or term or designation likely to mislead. [L 1927, c 234, § §4 to 7; RL 1935, §1193; RL 1945, §2474; RL 1955, §55-4; HRS §332-4]
2023 Hawaii Revised Statutes › Title 19. Health › 332. Mattresses, Manufacture, Etc., and Sale of › 332-5 Tag or stamp.

§332-5 Tag or stamp.
Any mattress made from more than one new material shall have stamped upon the tag attached thereto the percentage of each material so used. This requirement shall not apply to comforters. Any mattress made from material known as "shoddy" shall have stamped or printed upon the tag attached thereto, in type not smaller than twenty-point, the words "shoddy material". [L 1927, c 234, § §8 to 10; RL 1935, §1194; RL 1945, §2475; RL 1955, §55-5; HRS §332-5; am L 1988, c 20, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 332. Mattresses, Manufacture, Etc., and Sale of › 332-6 Tampering with mark or statement.

§332-6 Tampering with mark or statement.
Any person who removes, defaces, alters, or in any manner attempts the same, or causes to be removed, defaced, or altered, any mark or statement placed upon any mattress under this chapter shall be guilty of the violation of this chapter. [L 1927, c 234, §12; RL 1935, pt of §1195; RL 1945, pt of §2476; RL 1955, §55-6; HRS §332-6]
2023 Hawaii Revised Statutes › Title 19. Health › 332. Mattresses, Manufacture, Etc., and Sale of › 332-7 Penalty.

§332-7 Penalty.
Any person violating this chapter shall, for each offense, be fined not less than $20 nor more than $100 or imprisoned not less than three months nor more than six months, or both. [L 1927, c 234, §13; RL 1935, pt of §1195; RL 1945, pt of §2476; RL 1955, §55-7; HRS §332-7]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 19. Health › 332D. Polybrominated Diphenyl Ethers › 332D-1 Definitions.

§332D-1 Definitions.
As used in this chapter:
"OctaBDE" means octabrominated diphenyl ether.
"PentaBDE" means pentabrominated diphenyl ether. [L 2004, c 146, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 332D. Polybrominated Diphenyl Ethers › 332D-2 Restriction on manufacture or distribution.

§332D-2 Restriction on manufacture or distribution.
On or after January 1, 2006, a person may not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of one per cent, by mass, of pentaBDE, octaBDE, or any other chemical formulation that is part of these classifications. [L 2004, c 146, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 332D. Polybrominated Diphenyl Ethers › 332D-3 Exception.

§332D-3 Exception.
The term "process", as used in section 332D-2, does not include the processing of metallic recyclables containing pentaBDE, octaBDE, or any other chemical formulation that is part of these classifications that is conducted in compliance with all applicable federal, state, and local laws.
[L 2004, c 146, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 333E. Developmental Disabilities › 333E-1 Findings and purpose.

Note
Part heading added by L 1983, c 122, §3.
§333E-1 Findings and purpose.
The legislature finds that:
(1) The State of Hawaii has a responsibility to provide support and services for individuals with developmental disabilities in order to support them in living self-determined lives according to section 333F-8;
(2) Several departments of the State are responsible for various support and services to individuals with developmental disabilities;
(3) Lack of coordination among the services and planning activities of the various departments of the State results in gaps in the spectrum of needed services, duplication of services, lack of clarity in responsibility for services, and poorly articulated inter-agency programs, thereby reducing the quality of programs for individuals with developmental disabilities;
(4) Because of specific mandates of the departments, it is essential that a body responsible for coordinating services and planning for individuals with developmental disabilities be established outside the departments responsible for support and services;
(5) There exists within the state department of health for administrative purposes only, a state council on developmental disabilities appointed by the governor and mandated by federal legislation, supported in large part by federal moneys and required by federal law to provide advocacy, capacity building, systemic change, planning, and coordinating activities, promoting interagency collaboration, and enhancing coordination to better serve individuals with developmental disabilities and their families;
(6) The purpose of this chapter is to establish the state council on developmental disabilities as the state agency responsible for coordinating services to individuals with developmental disabilities in Hawaii;
(7) Community participation is a major goal of the State, thus state and county agencies should adopt policies and regulations which will support individuals and their families to fully participate in their communities; and
(8) Family support is another major goal of the State in providing families of children with disabilities the support services necessary to support the family; to enable families of children with disabilities to nurture and enjoy their children at home; to enable families of children with disabilities to make informed choices and decisions regarding the nature of support, resources, services, and other assistance made available to the families; and to support family caregivers of adults with disabilities. [L 1975, c 198, §1; am L 1979, c 180, pt of §1; am L 1980, c 239, §1; am L 1987, c 339, §4; am L 2001, c 175, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 333E. Developmental Disabilities › 333E-2 Developmental disabilities, definitions.

§333E-2 Developmental disabilities, definitions.
For the purposes of this chapter, the term "developmental disability" means a severe, chronic disability of a person which:
(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(2) Is manifested before the person attains age twenty-two;
(3) Is likely to continue indefinitely;
(4) Results in substantial functional limitations in three or more of the following areas of major life activity; self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic sufficiency; and
(5) Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized support, or other forms of assistance that are lifelong or extended duration and are individually planned and coordinated. An individual from birth to age nine, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described above, if the individual, without services and support, has a high probability of meeting those criteria later in life. [L 1975, c 198, §2; am L 1976, c 201, §1; am L 1979, c 180, pt of §1; am L 2001, c 175, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 333E. Developmental Disabilities › 333E-3.5 Encouragement of suitable housing.

§333E-3.5 Encouragement of suitable housing.
The state council shall encourage the adoption of ordinances in each political subdivision in the State which would permit the maintenance and construction of residences for persons with developmental disabilities, including those developmentally disabled persons defined in this chapter and in section 202 of the Federal Housing Act of 1959, as amended. The ordinances should include provisions for permitting an appropriate number of unrelated persons with developmental disabilities and two supervisory staff to reside in a single-family dwelling provided that in determining the appropriate number, the political subdivisions should consider the cost of maintenance and construction of the residence, in order that financial obligations can be met. [L 1980, c 239, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 333E. Developmental Disabilities › 333E-4 Membership on the state council.

§333E-4 Membership on the state council.
The state council shall consist of voting members as described in federal law, for staggered terms. The members of the council shall be residents of the State. The council shall at all times include in its membership six representatives from the neighbor islands with a minimum of one representative from Hawaii, Kauai, and Maui county and representatives of the following, unless these programs are no longer in existence in the State: state entities that administer funds provided under federal law relating to individuals with disabilities, including the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), and Titles V and XIX of the Social Security Act (42 U.S.C. 701 et seq. and 1396 et seq.), university centers for excellence in developmental disabilities education, research, and service, and the state protection and advocacy system, and local and nongovernmental agencies, and private nonprofit groups concerned with services for individuals with developmental disabilities in this State.
(1) Not less than sixty per cent of the membership of the council shall consist of individuals who are:
(A) Individuals with developmental disabilities or their parents; or
(B) Immediate relatives or guardians of such persons, and who are not employees of a state agency which receives funds or provides services under the state council, or managing employees, or persons with an ownership or controlling interest of any other entity which receives funds or provides services under the state council;
(2) Of the members of the council described in paragraph (1):
(A) At least one-third shall be individuals with developmental disabilities; and
(B) At least one-third shall be immediate relatives or guardians of such person, of which at least one shall be an immediate relative or guardian of an institutionalized individual with developmental disabilities; and
(3) The members of the state council shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties under this chapter. [L 1975, c 198, §4; am L 1979, c 180, pt of §1; am L 1983, c 121, §2; am L 1986, c 45, §1; am L 2001, c 175, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 333E. Developmental Disabilities › 333E-5 Officers, committees, staff.

§333E-5 Officers, committees, staff.
The state council shall, by majority vote of the voting members, elect its own chairperson from among the appointed members, and shall establish such committees as it deems necessary or desirable. The state council may appoint an executive administrator subject to chapter 76 who may appoint persons to such staff positions subject to chapter 76 as the council may authorize within available funds. The affirmative votes of a majority of the members of the council shall be necessary for the appointment or removal of the executive administrator. [L 1975, c 198, §5; ree L 1979, c 180, pt of §1; gen ch 1993; am L 2000, c 253, §150; am L 2001, c 175, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 333E. Developmental Disabilities › 333E-6 Confidentiality of records.

§333E-6 Confidentiality of records.
(a) All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined in chapter 334, health plans as defined in title 45 Code of Federal Regulations section 160.103, and health care clearinghouses as defined in title 45 Code of Federal Regulations section 160.103, and directly or indirectly identifying a person who receives services because of a developmental disability shall be kept confidential and shall not be disclosed by any person except as allowed by title 45 Code of Federal Regulations part 164, subpart E.
(b) Nothing in this section shall preclude the application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records, or disclosure deemed necessary under the federal Developmental Disabilities Act of 1984, P.L. 98-527, to protect and advocate for the rights of persons with developmental disabilities who reside in facilities for persons with developmental disabilities. [L 1986, c 343, §2; am L 2014, c 214, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-3 Community services for the developmentally disabled.

§333F-3 Community services for the developmentally disabled.
The department shall develop and administer a community service delivery system which may design, implement, administer, coordinate, monitor, and evaluate the programs and services of the department for persons with developmental or intellectual disabilities other than the operations and management of Waimano training school and hospital. [L 1987, c 341, pt of §2; am L 2011, c 220, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-5 Other systems within the developmental disability system.

§333F-5 Other systems within the developmental disability system.
The department may create other systems as required to implement the services necessary for persons with developmental or intellectual disabilities. [L 1987, c 341, pt of §2; am L 2011, c 220, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-6 Application and assessment for services; individualized service plans.

§333F-6 Application and assessment for services; individualized service plans.
(a) The department shall administer an application and assessment system for persons with developmental or intellectual disabilities, and shall determine eligibility for services or supports within thirty working days of receipt of an application. If the department determines that the person is eligible for services or supports under this chapter within the limits of federal or state resources available for the purposes of this chapter, the department, after due consideration is afforded the preferences of the person with developmental or intellectual disabilities, the person's parents if a minor, or legal guardian, shall refer that person to appropriate programs within ten working days of the determination; an individualized service plan for the person shall be prepared by an interdisciplinary team for the person, and the department may provide case management services to the person.
(b) The procedure for assessment of the person and the elements of the individualized service plan shall be described in rules adopted by the department pursuant to chapter 91. The individualized service plan shall be in writing and shall include, at a minimum, the nature of the needs of the person, treatment and care goals, and specific services to be offered to the person to attain these goals.
(c) The department shall keep waiting lists of all individuals who are eligible for services and supports, but for whom services and supports have not been provided for any reason, and shall report annually to the legislature the numbers of persons waiting for services and supports and the reasons for the lack of services and supports. [L 1987, c 341, pt of §2; am L 1995, c 189, §5; am L 2011, c 220, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-7 Provision of services.

§333F-7 Provision of services.
The department shall:
(1) Assist the individual to develop, with the help of family and friends if necessary, an individualized service plan;
(2) Identify the amount of dollars available to the individual to effectuate the individualized service plan; and
(3) Allow consumers to direct the expenditure of the identified funds. [L 1987, c 341, pt of §2; am L 1995, c 189, §6; am L 1998, c 133, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-8 Rights of persons with developmental or intellectual disabilities.

§333F-8 Rights of persons with developmental or intellectual disabilities.
(a) Persons with developmental or intellectual disabilities shall have the following rights:
(1) To receive the least restrictive, individually appropriate services, including a program of activities outside the residence in accordance with the person's individualized service plan;
(2) To reside in the least restrictive, individually appropriate residential alternative located as close as possible to the person's home community within the State;
(3) To the extent it is individually appropriate as decided after due consideration afforded the preferences of the person with developmental or intellectual disabilities, to:
(A) Interact with persons without disabilities in a nontreatment, nonservice-oriented setting;
(B) Live with, or in close proximity to, persons without disabilities; and
(C) Live in a setting which closely approximates those conditions available to persons without disabilities of the same age;
(4) To reasonable access to review medical, service, and treatment files and to be informed of diagnoses;
(5) To develop a plan with the input of family and friends that identifies the supports needed to accomplish the plan rather than purchase a program;
(6) To control, with the help of family and friends as necessary, an identified amount of dollars to accomplish the plan;
(7) To direct the provision of resources, both paid and unpaid, that will assist an individual with a disability to live a life in the community rich in community association and contribution;
(8) To a valued role in the community through employment, participation in community activities, volunteering, including being accountable for spending public dollars in ways that are life enhancing; and
(9) To privacy and confidentiality, to the extent possible, in connection with services provided to the person.
(b) Rights listed in this chapter shall not be construed to replace or limit any other rights, benefits, or privileges, including other statutory and regulatory due process rights and protections, to which a person with a developmental or intellectual disability may be entitled.
(c) The enumeration or granting of these rights does not guarantee the provision of services. [L 1987, c 341, pt of §2; am L 1995, c 189, §7; am L 1998, c 133, §4; am L 2011, c 220, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-8.5 Advocacy agency for persons with developmental disabilities and mental illness.

§333F-8.5 Advocacy agency for persons with developmental disabilities and mental illness.
(a) The purpose of this section is to comply with federal law, which mandates the states to provide advocacy services to persons with developmental disabilities and mental illness in order to receive federal funds.
(b) The governor may designate an entity or agency to carry out the purposes of this section.
(c) The entity or agency designated by the governor shall have access to all records of any person with developmental disabilities or mental illness, to the extent required by federal law.
(d) The entity or agency so designated by the governor shall provide those advocacy services to persons with developmental disabilities or mental illness as required by federal law. All departments and agencies of the State and the judiciary shall cooperate with the entity or agency so designated to carry out the purposes of this section. [L 1992, c 249, §1; am L 1995, c 189, §8]
Case Notes
Discussed, where the court found that the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §15001 et seq.) creates a private right of action in federal court. 513 F. Supp. 2d 1185 (2007).
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-8.7 Confidentiality of records.

§333F-8.7 Confidentiality of records.
(a) All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined in chapter 334, health plans as defined in title 45 Code of Federal Regulations section 160.103, and health care clearinghouses as defined in title 45 Code of Federal Regulations section 160.103, and directly or indirectly identifying a person who receives services because of a developmental disability shall be kept confidential and shall not be disclosed by any person except as allowed by title 45 Code of Federal Regulations part 164, subpart E.
(b) Nothing in this section shall preclude the application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records, or disclosure deemed necessary under the federal Developmental Disabilities Act of 1984, P.L. 98-527, to protect and advocate for the rights of persons with developmental disabilities who reside in facilities for persons with developmental disabilities. [L 2014, c 214, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 333F. Services for Persons with Developmental or Intellectual Disabilities › 333F-11 Director as guardian.

§333F-11 Director as guardian.
(a) Notwithstanding any law to the contrary, the family court may appoint the director as guardian of any person if the court finds that:
(1) The person is an incapacitated person as defined in section 560:5-102;
(2) The person is developmentally or intellectually disabled;
(3) The person may reasonably be expected to need treatment or care at any residential facility; and
(4) There is no other suitable guardian including the public guardian as designated in chapter 551A who is able or willing to serve as guardian.
(b) The director, if so appointed, shall have all the powers and duties of a guardian duly appointed by the court; provided that the director shall not be liable in damages for any tortious act committed by the person. [L 1987, c 341, pt of §2; am L 2004, c 161, §5; am L 2005, c 22, §19; am L 2011, c 220, §3]