reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-362 Duties

§321-362 Duties
. It shall be the duty and responsibility of the department to:
(1) Establish, implement, and evaluate a statewide system for hearing screening and diagnostic audiologic evaluation to identify infants who are deaf or hard of hearing, and for referral and enrollment of these infants in early intervention services;
(2) Establish standards and guidelines for hearing screening, identification, diagnosis, intervention, and monitoring of infants who are deaf or hard of hearing or have been identified with a risk indicator for developing delayed-onset or progressive hearing loss, or both;
(3) Develop a plan in conjunction with the department of education to involve parents or guardians in any medical and educational follow-up for infants who are deaf or hard of hearing, or who have been identified with a risk indicator for developing delayed-onset or progressive hearing loss, or both; and
(4) Collect and analyze program data in relation to the duties and responsibilities of the department. [L 1990, c 85, pt of §3; am L 2001, c 42, pt of §2; am L 2022, c 36, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-362.5 Hearing screening, diagnostic audiologic evaluation, and intervention.

§321-362.5 Hearing screening, diagnostic audiologic evaluation, and intervention.
(a) All newborn infants shall receive a hearing screening to allow early identification and intervention to maximize social, emotional, and language outcomes for children who are deaf or hard of hearing.
(b) The person in charge of each birthing facility caring for newborn infants and the responsible physician attending the birth of a newborn or the person assisting the birth of a child not attended by a physician shall ensure that every infant in the person's care receives a hearing screening. This section shall not apply if the parent, guardian, or other person having custody or control of the child objects to the hearing screening in writing on the grounds that the hearing screening conflicts with their religious beliefs. The written objection shall be made a part of the infant's medical record.
(c) Birthing facilities shall report newborn hearing screening results to the department.
(d) Audiologists and physicians specialized in hearing function who perform diagnostic audiologic evaluations of infants shall report to the department, the diagnostic audiologic evaluation results of those infants who do not pass the hearing screening test and those who are diagnosed as deaf or hard of hearing up to the age of three years. [L 2001, c 42, §1; am L 2022, c 36, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-363 Rules.

§321-363 Rules.
The department shall adopt rules, pursuant to chapter 91, necessary for the purposes of this part, including but not limited to administration and quality of newborn hearing screening; retention of records and related data; reporting of hearing screening results; reporting of diagnostic audiologic evaluation results for those infants who fail newborn hearing screenings or have been identified as deaf or hard of hearing; intervention for infants who have been identified as deaf or hard of hearing; informing parents about the purpose of hearing screening, diagnostic audiologic evaluation, and intervention; and maintaining the confidentiality of affected families. [L 1990, c 85, pt of §3; am L 2001, c 42, pt of §2; am L 2022, c 36, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-371 Purpose.

Revision Note
In this part, "part" substituted for "chapter".
Cross References
Sunset evaluations modified, see § §26H-4, 26H-5.
Law Journals and Reviews
The Constitution and Inking: How Anderson v. City of Hermosa Beach Expanded First Amendment Protection for the Tattoo Industry. 33 UH L. Rev. 417 (2010).
§321-371 Purpose.
The purpose of this part is the protection of public health and safety through the licensing and regulation of tattoo artists. [L 1990, c 285, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-372 Definitions.

§321-372 Definitions.
As used in this part:
"Department" means the department of health.
"Director" means the director of health.
"Tattoo artist" means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin, resulting in permanent or semi-permanent markings, with the aid of needles, electric machines, hand tools, or other devices or means.
[L 1990, c 285, pt of §2; am L 2009, c 130, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-373 Regulation of tattoo artists.

§321-373 Regulation of tattoo artists.
The department shall adopt rules under chapter 91 to implement this part. The rules shall include but not be limited to:
(1) Prohibiting the use of injections, unless administered by a physician or osteopathic physician licensed under chapter 453, or by a registered nurse licensed under chapter 457;
(2) Appropriate restrictions on topical anesthetics;
(3) Prescribing procedures and conditions for sterilization, storage of sterilized equipment, resterilization, and disposal of discarded needles and other equipment;
(4) Creating examination standards; and
(5) Fixing penalties and fines for violations of this part or any of the rules adopted by the department. [L 1990, c 285, pt of §2; am L 1996, c 202, §6; am L 2009, c 11, §35 and c 130, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-373.5 Permit; required for tattoo shop and temporary locations.

§321-373.5 Permit; required for tattoo shop and temporary locations.
(a) No person, partnership, firm, corporation, or other legal entity shall operate a tattoo shop or temporary location without a permit pursuant to department rules.
(b) Each initial permit application under this section shall be accompanied by a fee of $125 for a permit valid for one year. For renewal of a permit, each applicant shall pay a fee of $75 per year. Initial permit application and renewal fees may be increased by not more than $10 per year.
(c) All permits shall expire on December 31 of each year. The application for a permit renewal shall be submitted to the department in writing on or before December 31 annually.
(d) The department may issue a temporary permit valid for a maximum of seven consecutive days per calendar year for locations other than a permitted tattoo shop for the purpose of a trade show, product demonstration, or educational demonstration; provided that the show or demonstration shall meet all safety and hygiene standards as specified by the director and in this chapter. The temporary permit application shall be made in writing to the department at least sixty days prior to the scheduled event, shall include specific measures to meet specified health and safety standards, and may be subject to a site inspection. Temporary permit applicants shall pay a $50 nonrefundable application fee in addition to:
(1) A $500 nonrefundable permit fee for an event featuring not more than forty participating tattoo artists; or
(2) A $50 nonrefundable permit fee for an event featuring less than three participating tattoo artists demonstrating for educational purposes only, without compensation, consideration, or donation by the public;
provided that the department may annually increase the fees specified in paragraphs (1) and (2) by not more than $100 and $10 per year, respectively. [L 2009, c 130, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-374 License required; exemptions.

§321-374 License required; exemptions.
(a) Except as otherwise provided by law, no person shall practice the occupation of tattoo artist in this State, with or without compensation, consideration, or donation, or shall announce oneself either publicly or privately as prepared or qualified to practice that occupation without having a valid unrevoked license from the department to do so.
(b) Physicians or osteopathic physicians holding a valid unrevoked license under chapter 453 are exempt from the requirements of this part.
(c) The department may issue, to tattoo artists who are not licensed in the State, temporary licenses that are valid for a maximum of fourteen consecutive days per calendar year for:
(1) Educational, trade show, or product demonstration purposes; or
(2) The purpose of practicing the occupation of tattoo artist at a permitted tattoo location.
Temporary licensees shall be subject to this part and applicable rules.
(d) Applications for temporary licenses shall be made in writing to the department at least sixty days prior to the proposed event and accompanied by a nonrefundable application fee of $100 and written proof satisfying the requirements under subsection (e). An applicant shall be notified of the disposition of the application within twenty business days of the receipt of application.
(e) An applicant for a temporary license shall have either:
(1) Passed a blood borne pathogen course developed specifically for the tattoo industry, approved by the director, within two years of the date of application; or
(2) Passed the state tattoo artist written examination within two years of the date of the application.
(f) Temporary license fees may be increased annually by not more than $10.
(g) Licensed tattoo artists shall tattoo only in a shop or temporary location that has a valid unrevoked permit issued by the director. [L 1990, c 285, pt of §2; am L 1996, c 202, §7; am L 2009, c 11, §36 and c 130, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-375 Examination, fees required.

§321-375
Examination, fees required.
(a) No license shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score or meets the criteria specified in section 321-374(e). No license shall be issued unless all fees required by the director have been paid.
(b) The department may contract with a professional testing service to prepare, administer, and grade the examination for licensure as a tattoo artist. For these purposes, the department may require applicants to pay the examination fee directly to the testing service.
[L 1990, c 285, pt of §2; am L 2009, c 130, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-377 Suspension or revocation of permit or license.

§321-377 Suspension or revocation of permit or license.
(a) The director may revoke or suspend the permit or license of any person permitted or licensed under this part who:
(1) Is found guilty of any fraud, deceit, or misconduct in the practice of the occupation of tattoo artist; or
(2) Violates this part or any of the rules adopted by the department.
(b)
In every case where it is proposed to revoke or suspend a permit or license, the director shall give the permittee or licensee concerned notice and a hearing. The notice shall be given in writing by registered or certified mail, with return receipt requested, at least fifteen days before the hearing. All hearings shall be conducted pursuant to chapter 91.
[L 1990, c 285, pt of §2; am L 2002, c 34, §1; am L 2009, c 130, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-379 Enforcement; penalties.

§321-379 Enforcement; penalties.
(a) If the department determines that any person has violated or is violating any provision of this part, any rule adopted pursuant to this part, or any term or condition of a permit or license issued pursuant to this part, the department may take enforcement action and impose penalties as provided in section 321-20, except that the department may impose a penalty not to exceed $10,000 per offense.
(b) Violations of this part include but are not limited to:
(1) Submitting to or filing with the department any application, notice, statement, or other document in procuring or attempting to procure licensure as a tattoo artist that is false or untrue or contains any material misstatement of fact, or assisting another party in doing so;
(2) Using the title licensed tattoo artist or any other designation tending to imply that the person is a licensed tattoo artist when the person is not in fact licensed or the person's license has been suspended or revoked;
(3) Violating the conditions or limitations of a permit or a license or assisting another party in violating those conditions;
(4) Engaging in conduct resulting in physical injury to an individual or the public in the course of professional services or activities;
(5) Aiding or abetting an unlicensed person, knowingly combining or conspiring with an unlicensed person, allowing one's license to be used by an unlicensed person, or acting as agent or associate of an unlicensed person to evade the use of title restrictions of this part;
(6) Tattooing any person under the age of eighteen without the written consent of the person's parent or legal guardian or not maintaining the consent forms in a confidential manner at the tattoo shop for not less than two years; or
(7) Making a false or misleading statement to the department relating to any matter under this part.
(c) An enforcement action under this section may be combined with a permit or license revocation or suspension under section 321-377 and may be brought together as one administrative action.
(d) In any proceeding under this section, the person subject to the proceeding shall be given notice and the opportunity for a hearing in conformity with chapter 91.
[L 1990, c 285, pt of §2; am L 2009, c 130, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-381 Biennial renewal; failure to renew.

§321-381
Biennial renewal; failure to renew.
The biennial renewal fee shall be paid to the department of health on or before December 31 of each even-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee on or before such date shall constitute a forfeiture of the license.
[L 1990, c 285, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-401 Findings and purpose.

§321-401 Findings and purpose.
The purpose of this part is to establish a non-enforcement program within the department of health to provide voluntary food safety surveillance and control, and educational activities to assist the food service industry and foodhandlers. The legislature finds that education is necessary for attaining voluntary compliance in food safety. Informed food managers and foodhandlers are essential for the control of foodborne pathogens in foods served to the public.
Restaurants, catering services, delicatessens, markets, and other food purveyors employ foodhandlers who need continuing education and training in food safety. Foodhandlers work with fresh, uncooked, or prepared foods which may contain foodborne disease microorganisms that can cause severe sickness to large numbers of people at the same time. It is the intent of the legislature to take preventive measures through educational programs and analytical studies of contamination outbreaks. [L 1992, c 219, pt of §1]
Cross References
Other food safety issues, see § §321-4.5, 321-4.6, 321-11.51, and 321-27.5.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-402 Food safety consultative and education program.

§321-402 Food safety consultative and education program.
(a) There is established the food safety consultative and education program within the department of health. The department may place this program within any appropriate division.
(b) The program shall be managed and staffed by persons who are trained and experienced in public health aspects of food, including food science, foodborne disease epidemiology, food microbiology, and food sanitation.
(c) Generic food safety information gained from studies conducted as part of the program may be shared with foodhandlers in certification workshops and food safety classes. [L 1992, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-404 Public information monitoring system.

§321-404 Public information monitoring system.
Within the program, the department of health shall investigate foodhandling practices which appear to represent poor food safety techniques, and shall develop ways in which the public can gain information on food safety and can report practices which appear to represent poor food safety techniques. [L 1992, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-405 Confidentiality of information.

§321-405 Confidentiality of information.
For purposes of this part, the program shall maintain confidentiality of critical information received from food purveyors and foodhandlers or other persons in the food service industry. Critical information is information, including trade secrets, necessary for the department to prevent food safety problems from occurring and to ensure that potentially hazardous foods are safe for public consumption. [L 1992, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-411 Definitions.

Cross References
Noise, radiation, and indoor air quality special fund; established, see §342P-7.
§321-411 Definitions.
As used in this part:
"Department" means the department of health.
"Director" means the director of health.
"Publicly owned building" means any building or structure, including a hospital or a school, that is owned, leased, or operated by the State; provided that it shall be a building or structure in which individuals employed by the State work during normal operations. [L 1994, c 234, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-413 General functions, powers, and duties of the department.

§321-413
General functions, powers, and duties of the department.
(a) The director shall provide information and educational material regarding indoor air pollution to the managers, owners, and occupants of publicly owned buildings, and may assist any manager, owner, or occupant of a publicly owned building to identify, assess, and correct indoor air pollution problems.
(b) The director may provide information and educational material regarding indoor air pollution to any manager, owner, or occupant of a building that is not a publicly owned building, and may assist any manager, owner, or occupant of a building that is not a publicly owned building to identify, assess, and correct indoor air pollution problems.
(c) The director shall establish and coordinate an indoor air quality assessment network of state agencies and facility managers of publicly owned buildings to identify, assess, and correct indoor air pollution problems.
(d) The director may establish a program for the approval of plans to construct ventilation systems, the inspection of ventilation system construction, and the monitoring of existing ventilation systems for proper maintenance.
(e) The director may adopt rules in accordance with chapter 91 to effectuate the purposes of this part. [L 1994, c 234, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-421 Definitions.

Revision Note
Throughout this part, "birth defects program" substituted for "Hawaii birth defects program".
§321-421 Definitions.
As used in this part, unless the context requires otherwise:
"Adverse reproductive outcome" means a birth defect, stillbirth, infant death up to one year of age, or spontaneous or medical termination of pregnancy for a birth defect.
"Birth defect" means an abnormality of structure, function, or body metabolism present at birth that adversely affects a child's health and development, results in a physical or mental disability, or is fatal.
"Institutional review board" means an institutional review board established in accordance with 7 Code of Federal Regulations 1c.107, 10 Code of Federal Regulations 745.107, 14 Code of Federal Regulations 1230.107, 15 Code of Federal Regulations 27.107, 16 Code of Federal Regulations 1028.107, 21 Code of Federal Regulations 56.107, 22 Code of Federal Regulations 225.107, 24 Code of Federal Regulations 60.107, 28 Code of Federal Regulations 46.107, 32 Code of Federal Regulations 219.107, 34 Code of Federal Regulations 97.107, 38 Code of Federal Regulations 16.107, 40 Code of Federal Regulations 26.107, 45 Code of Federal Regulations 46.107, 45 Code of Federal Regulations 690.107, or 49 Code of Federal Regulations 11.107. [L 2002, c 252, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-422 Birth defects program.

§321-422 Birth defects program.
The department of health shall establish the statewide birth defects program to:
(1) Collect surveillance information on birth defects and other adverse reproductive outcomes;
(2) Report the incidence, trends, and causes of birth defects and other adverse reproductive outcomes;
(3) Report information for the development of prevention strategies to reduce the incidence of birth defects and other adverse reproductive outcomes; and
(4) Develop strategies to improve the access of children with birth defects to health and early intervention services. [L 2002, c 252, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-423 Confidentiality of data.

§321-423 Confidentiality of data.
(a) The identity of, or any information which alone or in combination with other reasonably available information that may be used to identify, any person whose information is collected under this part shall be confidential.
(b) Statistical data and information that do not identify any person may be released. [L 2002, c 252, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-426 Birth defects special fund.

§321-426 Birth defects special fund.
There is established within the state treasury the birth defects special fund to be administered and expended by the department of health, into which shall be deposited fees remitted pursuant to section 572-5. Moneys in the special fund shall be used for the payment of the operating expenses of the birth defects program. [L 2002, c 252, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-431 Definitions.

Note
Part heading amended by L 2015, c 147, §7.
§321-431 Definitions.
As used in this part, unless the context clearly requires otherwise:
"Case management services" means services that assist medically fragile children under the medicaid state plan in gaining access to needed medical, social, educational, and other services.
"Medically fragile children" means children under the age of twenty-one with complex medical conditions that may or may not require technological interventions, including but not limited to ventilator care, tracheostomy care, catheterizations, parenteral nutrition, complex enteral feeding, and complex wound care. [L 2002, c 149, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-432 Case management services for medically fragile children.

§321-432 Case management services for medically fragile children.
The department of health shall provide ongoing case management services and staff training in case management services in collaboration with the department of human services' medicaid early and periodic screening, diagnosis, and treatment program, including but not limited to:
(1) Assessment of children who are medically fragile to determine service needs;
(2) Development of a specific care plan;
(3) Referral for and linkages to services to implement the specific care plan; and
(4) Monitoring and follow-up.
Medicaid reimbursements received by the department for case management services provided to families of medically fragile children shall be deposited into the general fund. [L 2002, c 149, pt of §2; am L 2015, c 147, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-441 Definitions.

§321-441 Definitions.
Whenever used in this part, unless a different meaning clearly appears from the context:
"CBRNE event" means the use of chemicals, biological agents, radioactive materials, nuclear devices, or explosives to kill or sicken people, animals, or plants.
"Department" means the department of health.
"Director" means the director of health.
"Emergency response stockpile" means a strategic supply of drugs, vaccines and other biological products, medical devices, and related supplies maintained by the department to protect or treat the population of the State in the event of a CBRNE event. [L 2005, c 46, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-442 Exemption from certain laws and rules.

§321-442 Exemption from certain laws and rules.
(a) In addition to any other power or duty prescribed by law or in this part, the director, through the department, may maintain an emergency response stockpile to prepare for or respond to a CBRNE event. The director may undertake all lawful activities necessary to carry out this part, including but not limited to adopting rules pursuant to chapter 91, disbursing funds for grants pursuant to chapter 42F, and procuring goods or services pursuant to chapter 103D or 103F.
(b) Notwithstanding any other law to the contrary, in preparing for or responding to a CBRNE event, the director and the department shall be exempt from chapters 328 and 461 and any related administrative rules, as those chapters and rules relate to the dispensing, labeling, prescribing, or storage of the emergency response stockpile. [L 2005, c 46, pt of §1; am L 2014, c 96, §19]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-471 Definitions

§321-471 Definitions
. As used in this part:
"Dating relationship" as used in this section has the same meaning prescribed in section 586-1.
"Department" means the department of health.
"Director" means the director of health or the director's designated representative.
"Domestic violence" means physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse or malicious property damage between family or household members.
"Domestic violence fatality review information" means information regarding a victim, including but not limited to:
(1) Social, medical, and legal history;
(2) Death and birth certificates;
(3) Law enforcement investigative information and data;
(4) Medical examiner or coroner investigative information and data;
(5) Parole and probation information and records;
(6) Information and records of social services agencies;
(7) Educational records; and
(8) Health care institution information.
"Domestic violence fatality review team" means those individuals appointed by the director to review domestic violence fatalities.
"Extreme psychological abuse" as used in this section has the same meaning prescribed in section 586-1.
"Family or household members" as used in this section means:
(1) Each legal parent;
(2) The natural mother;
(3) The natural father;
(4) Each natural or adopted child;
(5) Each sibling or person related by consanguinity;
(6) Spouses or former spouses;
(7) Reciprocal beneficiaries or former reciprocal beneficiaries;
(8) Each person who has or has had a dating relationship;
(9) Each person jointly residing or formerly residing in the same dwelling unit; and
(10) Any other person who, or legal entity that, is a victim's legal or physical custodian or guardian, or who is otherwise responsible for the victim's care, other than an authorized agency that assumes such a legal status or relationship with the victim under chapter 587A.
"Malicious property damage" as used in this section has the same meaning prescribed in section 586-1.
"Preventable death" means a death that reasonable medical, social, legal, psychological, or educational intervention may have prevented.
"Provider of medical care" means any health care practitioner who provides, or a facility through which is provided, any medical evaluation or treatment, including dental and mental health evaluation or treatment.
"Suspect" means a person suspected of having caused a victim's death.
"Victim" means an adult whose death is suspected of having been caused by domestic violence or domestic violence-related suicide. [L 2006, c 82, pt of §1; am L 2010, c 135, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-472 Multidisciplinary and multiagency reviews

§321-472 Multidisciplinary and multiagency reviews
. The department shall conduct multidisciplinary and multiagency reviews of domestic violence fatalities, near-deaths, and suicides to reduce the incidence of preventable intimate partner homicides. The director may form domestic violence fatality review teams, as necessary, by appointing individuals to review domestic violence fatalities. A domestic violence fatality review team shall not be subject to part I, chapter 92. [L 2006, c 82, pt of §1; am L 2015, c 203, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-473 Access to information

§321-473 Access to information
. (a) Upon request of the director or a domestic violence fatality review team, all medical examiners, physicians acting under the direction of a coroner, providers of medical care, state agencies, and county agencies shall disclose to the department and the domestic violence fatality review team all information and records regarding the circumstances of a victim's death so that the department may conduct a multidisciplinary and multiagency review of domestic violence fatalities pursuant to this part.
(b) Members of the domestic violence fatality review team shall develop procedures related to near-deaths resulting from intimate partner violence.
(c) The department may enter into memoranda of understanding with the relevant state agencies and branches of government and county agencies to obtain information relating to near-deaths resulting from intimate partner violence.
(d) To the extent that this section conflicts with other state confidentiality laws, the provisions of this section shall require disclosure, notwithstanding the existence of a specific confidentiality statute.
(e) An entity represented on a domestic violence fatality review team and any entity cooperating with an entity represented on a domestic violence fatality review team may share with other members of the team:
(1) Information in its possession concerning the victim;
(2) Information in its possession concerning any person who was in contact with the victim; and
(3) Any other information in its possession deemed by the entity to be pertinent to the domestic violence fatality review.
(f) Any information shared by an entity with other members of a domestic violence fatality review team is subject to the same restrictions on disclosure of the information or the records as the originating entity.
(g) To the extent possible, the review conducted pursuant to section 321-472 shall commence no later than one year following the death, near-death, or suicide. [L 2006, c 82, pt of §1; am L 2015, c 203, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-475 Use of domestic violence fatality review information and records

§321-475 Use of domestic violence fatality review information and records
. (a) Except as otherwise provided in this part, all information and records acquired by the department during its review of domestic violence fatalities pursuant to this part are confidential and shall only be disclosed as necessary to carry out the purposes of this part.
(b) Domestic violence fatality review information and statistical compilations of data that do not contain any information not previously publicly disclosed that would permit the identification of any person, shall be public records.
(c) An individual participating in the domestic violence fatality review of a victim's death shall not be questioned in any civil or criminal proceeding regarding information presented in or an opinion formed as a result of a domestic violence fatality review meeting. Nothing in this section shall be construed to prevent an individual from testifying to information obtained independently of the domestic violence fatality review of a victim's death, or which is public information, or where law or court order requires disclosure.
(d) Domestic violence fatality review information held by the department as a result of domestic violence fatality reviews conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that domestic violence fatality review information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because it was provided as required by this part.
(e) Information collected and recommendations derived from the review process shall be compiled for use in system reform efforts relating to the reduction of preventable deaths, near-deaths, and suicides resulting from domestic violence. [L 2006, c 82, pt of §1; am L 2015, c 203, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-476 Immunity from liability

§321-476 Immunity from liability
. A domestic violence fatality review team, its members, and any entity, agency, or individual participating in, or cooperating in, the review of a domestic violence fatality pursuant to this part shall not be civilly or criminally liable for providing the information required under this part. [L 2006, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-486 Investigations.

Revision Note
Part heading added by revisor pursuant to §23G-15.
§321-486 Investigations.
Upon receiving a report that a person, corporation, or any other entity may be operating a care facility without a certificate or license as required by law and issued by the department of health, or that a home or any type of living arrangement may be operating as a care facility without a certificate or license as required by law and issued by the department, the department may conduct an investigation for the limited purposes of determining whether the person or entity is operating without a required certificate or license in accordance with the following provisions:
(1) The department may request access to the location indicated in the report; or
(2) The department may file a complaint with the district court in the circuit of the location indicated in the report, and the district court, upon a finding of probable cause, may issue a search warrant directed to the department and the appropriate county police department, if necessary, to investigate the location pursuant to this section between the hours of sunrise and sunset. [L 2018, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-486.1 Action upon investigation.

§321-486.1 Action upon investigation.
Upon investigation, the department may take action on confirmed findings that the subject of a report is operating a care facility without the required certificate or license and may do any or all of the following:
(1) Resolve the matter in an informal fashion as is appropriate under the circumstances;
(2) Exercise the department's right of entry under section 321-486.2;
(3) File a petition with the district court for enforcement, protective, or remedial action; or
(4) Pursue any protective or remedial actions authorized by law. [L 2018, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-486.2 Right of entry.

§321-486.2 Right of entry.
The department, when engaged in an investigation pursuant to section 321-486, may visit and communicate with any person operating the facility, home, or other type of living arrangement that is the subject of a report. Any person intentionally or knowingly obstructing or interfering with the department's right of entry, the department's investigation of a report of operating without a certificate or license, or the department's communication with a vulnerable person reported to be receiving care from an uncertified or unlicensed operator shall be guilty of a misdemeanor. [L 2018, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-487 Referral or transfers to uncertified or unlicensed care facility; penalty.

§321-487 Referral or transfers to uncertified or unlicensed care facility; penalty.
(a) It shall be unlawful for any person, corporation, or entity to knowingly refer or transfer patients to an uncertified or unlicensed care facility. The department may impose a fine on any person, corporation, or entity that knowingly refers or transfers patients to a care home, agency, or facility operating without a certificate or license as required by law; provided that "knowingly" includes but is not limited to failing to determine whether the care home, agency, or facility has the required certificate or license; provided further that the fine shall be not more than:
(1) $500 for the first violation;
(2) $1,000 for the second violation; and
(3) $2,000 for the third and each succeeding violation.
(b) Notwithstanding subsection (a) to the contrary, the healthcare provider or healthcare facility shall not be fined under this section if:
(1) A patient or anyone authorized to make decisions on behalf of the patient requests to be transferred to an uncertified or unlicensed care facility;
(2) The care facility becomes uncertified or unlicensed after a referral or transfer; or
(3) The healthcare provider or healthcare facility refers or transfers a patient in good faith to a care facility, without actual proof or knowledge that the care facility is uncertified or unlicensed. [L 2018, c 148, pt of §1; am L 2023, c 255, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-491 Purpose.

Cross References
Inspections of state-licensed care facilities; public notice, see §321-1.8.
Law Journals and Reviews
Long-Term Care in Hawaii. 18 HBJ, no. 13, at 59 (2015).
§321-491 Purpose.
The purpose of this part is to establish the nature and type of services to elders, disabled, and aged who are qualified to receive social services according to standards and conditions prescribed by the department of health. [L 2012, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-492 Definitions.

§321-492 Definitions.
As used in this part:
"Day care center" includes a place designated for group care for four or more adults or a family home providing care for two or more adults.
"Day care center for elder disabled and aged persons" means a place maintained and operated by an individual, organization, or agency for the purpose of providing supportive and protective care to a disabled or aged person with or without charging a fee during the attendant working day.
"Department" means the department of health.
"Disabled and aged persons" means any person who lives with a spouse, relative, or friend but who requires temporary supervision and care during the absence of those persons from the home or residence.
"Elder" means any person as may otherwise be defined by the department, who desires and needs counseling, guidance, and assistance to modify or resolve the social, economic, educational, recreational, physical, or mental problem that impedes the person's personal functioning and well-being.
Nothing in section 321-493 shall be construed to include a relative caring for another relative; a neighbor or friend caring for an adult by mutual choice and agreement; or any center or facility conducted primarily or solely for educational, social, recreational, athletic, or other group functions that may provide for twenty-four hour boarding, personal, or nursing care accommodation. [L 2012, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-493 Day care centers for disabled and aged persons.

§321-493 Day care centers for disabled and aged persons.
The department shall be responsible for the recruitment and licensing of day care centers for elder disabled and aged persons. The department shall adopt any necessary rules, regulations, and minimum standards to protect the best interests of adults receiving care in day care centers. The rules and regulations shall have the force and effect of law and shall be administered by the department. [L 2012, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-494 Purchase of service.

§321-494 Purchase of service.
The department may negotiate the purchase of day care services for elder disabled and aged recipients, including other social services from individuals or other organizations, institutions, or agencies. Other social services shall be necessary and essential to maximize the functioning and well-being of the recipient. Purchase of day care center services shall include services that enhance the social functioning of each participant, promote and develop activities in daily living and personal independence by therapeutic arts and crafts, community excursions, hobby cultivation, group dynamics, and provisions for counseling to the participants and their families. [L 2012, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-495 Penalty.

§321-495 Penalty.
Any individual, organization, or agency operating a day care center for disabled or aged persons without a license from the department shall be cited and fined an amount deemed to be appropriate by the court, but not to exceed a maximum of $5,000. [L 2012, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-501 Multidisciplinary and multiagency mortality reviews.

§321-501 Multidisciplinary and multiagency mortality reviews.
The department may conduct multidisciplinary and multiagency mortality reviews of deaths of persons with developmental or intellectual disabilities in order to reduce the incidence of preventable deaths to persons with developmental or intellectual disabilities. [L 2012, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-502 Definitions.

§321-502 Definitions.
As used in this part:
"Adult" means a person eighteen years of age or older.
"Adult death review information" means information regarding the adult person and person's family, including:
(1) Social, medical, and legal histories;
(2) Death and birth certificates;
(3) Law enforcement investigative data;
(4) Medical examiner or coroner investigative data;
(5) Parole and probation information and records;
(6) Information and records of social service agencies;
(7) Educational records; and
(8) Health care institution information.
"Department" means the department of health.
"Developmental disability" means a severe, chronic disability of a person that:
(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:
(i) Self-care;
(ii) Receptive and expressive language;
(iii) Learning;
(iv) Mobility;
(v) Self-direction;
(vi) Capacity for independent living; and
(vii) Economic self-sufficiency; and
(5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.
"Director" means the director of health or the director €™s designated representative.
"Intellectual disability" means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period.
"Person with developmental or intellectual disabilities" means an adult with a developmental or intellectual disability.
"Preventable death" means a death that reasonable medical, social, legal, psychological, or educational intervention may have prevented.
"Provider of medical care" means any health care practitioner who provides, or a facility through which is provided, any medical evaluation or treatment, including dental and mental health evaluation or treatment. [L 2012, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-503 Access to information.

§321-503 Access to information.
(a) Upon written request of the director, all providers of medical care or other related services and state and county agencies shall disclose to the department and to those individuals appointed by the director to participate in the mortality review of the death of a person with developmental or intellectual disabilities, adult death review information regarding the circumstances of the death of a person with developmental or intellectual disabilities to allow the department to conduct multidisciplinary and multiagency mortality review of deaths of persons with developmental or intellectual disabilities pursuant to section 321-31 and this part.
(b) To the extent that this section conflicts with other state confidentiality laws, this section shall prevail. [L 2012, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-505 Use of information and records from mortality reviews of deaths of persons with developmental or intellectual disabilities.

§321-505 Use of information and records from mortality reviews of deaths of persons with developmental or intellectual disabilities.
(a) Except as otherwise provided in this part, all information and records acquired by the department during its multidisciplinary and multiagency mortality reviews of deaths of persons with developmental or intellectual disabilities pursuant to this part shall be kept confidential and may be disclosed only as necessary to carry out the purposes of this part.
(b) Information and statistical compilations of data from the multidisciplinary and multiagency mortality reviews of deaths of persons with developmental or intellectual disabilities that do not contain any information that would permit the identification of any person shall be public records.
(c) No individual participating in the department's multidisciplinary and multiagency mortality review of the death of a person with developmental or intellectual disabilities may be questioned in any civil or criminal proceeding regarding information presented in, or opinions formed as a result of, a meeting of the multidisciplinary and multiagency mortality review of deaths of persons with developmental or intellectual disabilities. Nothing in this subsection shall be construed to prevent a person from testifying to information obtained independently of the department's multidisciplinary and multiagency mortality review of deaths of persons with developmental or intellectual disabilities, or that is public information, or where disclosure is required by law or court order.
(d) Information held by the department as a result of a multidisciplinary and multiagency mortality review of the death of a person with developmental or intellectual disabilities conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because it was provided as required by this part. [L 2012, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-506 Immunity from liability.

§321-506 Immunity from liability.
All agencies and individuals participating in multidisciplinary and multiagency mortality reviews of deaths of persons with developmental or intellectual disabilities pursuant to this part shall not be held civilly or criminally liable for providing the information required under this part. [L 2012, c 162, pt of §1]