reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-221 Findings and purpose.

Note
Part heading amended by L 2021, c 208, §3.
Cross References
County emergency medical services system, see chapter 46, part XI.
Enhanced 911 services for mobile phones, see chapter 138.
Peer support counseling; sessions, see §78-52.
Safe place for newborns, see chapter 587D.
Trauma system special fund, see §321-22.5.
Volunteer emergency medical disaster response personnel, see §321-23.3.
§321-221 Findings and purpose.
The legislature finds that the establishment of a state emergency medical services system, including emergency medical services for children, is a matter of compelling state interest and necessary to protect and preserve public health. A system designed to reduce medical emergency deaths, injuries, and permanent long-term disability through the implementation of a fully integrated, cohesive network of components, the legislature further finds, will best serve public health needs. Accordingly, the purpose of this part is to establish and maintain a state emergency medical services system in communities that can be most effectively served by the State, and to fix the responsibility for the administration of this state system, which shall provide for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery of health care services under emergency conditions, whether occurring as the result of a patient's condition, from natural disasters, or from other causes. The system shall provide for personnel, personnel training, communications, emergency transportation, facilities, coordination with emergency medical and critical care services, coordination and use of available public safety agencies, promotion of consumer participation, accessibility to care, mandatory standard medical recordkeeping, consumer information and education, independent review and evaluation, disaster linkage, mutual aid agreements, and other components necessary to meet the purposes of this part. [L 1978, c 148, pt of §1; am L 1981, c 93, §1; am L 1994, c 242, §1; am L 2021, c 208, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-222 Definitions.

§321-222 Definitions.
As used in this part, unless the context clearly requires otherwise:
"Advanced life support" means initiating all basic life support care as well as invasive patient care designed to stabilize and support a patient's condition due to sudden illness or injury. The care rendered, excluding basic life support, constitutes the practice of medicine.
"Advisory committee" means the emergency medical services advisory committee.
"Basic life support" means initiating noninvasive emergency patient care designed to optimize the patient's chances of surviving the emergency situation. The care rendered consists of all first aid procedures needed, but does not include invasive procedures which constitute the practice of medicine; provided that state-approved basic life support personnel may use fully automatic external defibrillators, initiate intravenous lines, and perform manual external defibrillation under the direction and personal supervision of a mobile intensive care technician and in accordance with rules adopted by the department.
"Department" means the department of health.
"Emergency aeromedical services" means a secondary response system that provides immediate critical care and transport by rotary-wing aircraft of a patient to a facility that provides specialized medical care.
"Emergency medical services for children" means emergency medical services, including preventive, pre-hospital, hospital, rehabilitative, and other post-hospital care for children.
"Emergency medical services personnel" means any mobile intensive care technician or emergency medical technician who is certified or licensed by the State.
"First responder personnel" means a person who has successfully completed a United States Department of Transportation approved First Responder Course of training in emergency basic life support.
"Service area" means the State, excluding any county having a population of five hundred thousand or more.
"State system" means the state pre-hospital emergency medical services system.
"Statewide" means all counties in the State. [L 1978, c 148, pt of §1; am L 1980, c 285, §1; am L 1981, c 93, §2; am L 1991, c 115, §1; am L 1994, c 173, §2 and c 242, §2; am L Sp 2003, c 2, §1; am L 2021, c 208, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-223 State emergency medical services system, establishment.

§321-223 State emergency medical services system, establishment.
The department shall establish, administer, and maintain the state emergency medical services system to serve the emergency health needs of the people in the service area. All emergency medical services or ambulance services contracted by or under the authority of the department or any county within the service area shall be consistent with this part. [L 1978, c 148, pt of §1; am L 2021, c 208, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-224.2 Enhanced and expanded emergency medical services; fees.

§321-224.2 Enhanced and expanded emergency medical services; fees.
(a) The department shall establish reasonable fees to be collected from individuals who are:
(1) Transported by emergency ground ambulance services to a health care facility within the service area designated by the department for the care of the individual; or
(2) Provided health care by emergency medical services personnel within the service area but not transported by ground ambulance to a health care facility.
(b) The department may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this section.
(c) No later than July 1, 2020, the department shall adopt interim rules, which shall be exempt from chapter 91 and chapter 201M, to effectuate the purposes of this section; provided that the interim rules shall remain in effect until July 1, 2023, or until rules are adopted pursuant to subsection (b), whichever occurs sooner. [L 2019, c 140, pt of §1; am L 2021, c 208, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-224.4 Community paramedicine program; established.

§321-224.4 Community paramedicine program; established.
(a) The department shall establish and administer the community paramedicine program within the service area.
(b) The department shall:
(1) Develop guidelines for community paramedicine;
(2) Explore and develop partnerships with public and private health care entities, insurers, and community organizations; and
(3) Employ telehealth to enhance access and improve the patient experience.
(c) For purposes of this part, "community paramedicine program" means an enhanced and expanded service in the state emergency medical services system that allows state-licensed health care professionals, and community health workers, to assist with public health, primary care, and prevention services, including services through telehealth.
(d) The department of health shall submit a report on the status of the community paramedicine program, including an accounting of expenses and source of funds, to the legislature no later than twenty days prior to the convening of each regular session of the legislature.
(e) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section.
(f) The department may adopt interim rules, which shall be exempt from chapter 91 and chapter 201M, to effectuate the purposes of this section; provided that the interim rules shall remain in effect until July 1, 2023, or until rules are adopted pursuant to subsection (e), whichever occurs sooner. [L 2019, c 140, pt of §1; am L 2021, c 208, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-225.5 Fall prevention and early detection coordinator.

§321-225.5 Fall prevention and early detection coordinator.
There is established within the emergency medical services and injury prevention system branch a fall prevention and early detection coordinator to coordinate the provision of public and private fall prevention and early detection services for the elderly. [L 2014, c 153, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-226 Emergency medical services and systems, standards.

§321-226 Emergency medical services and systems, standards.
The department shall establish statewide standards for emergency medical services and for emergency medical service systems consistent with this part and applicable federal guidelines for those services, including a requirement that ambulance service providers licensed by the State establish and maintain an alcohol and substance abuse policy for employees that the department deems is equivalent to, or exceeds the provisions of, the safety and health standards established by the federal Department of Transportation for holders of commercial driver's licenses. In the event the standards are determined or regulated by any other law, or by applicable federal guidelines, standards required to be set by this section shall be at least equivalent to or exceed the other state and federal standards. [L 1978, c 148, pt of §1; am L 2003, c 106, §1; am L 2021, c 208, §10]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-227 Regulation of ambulances.

§321-227 Regulation of ambulances.
The department of health shall adopt, amend, and repeal rules under chapter 91 for the regulation of ambulances within the State, including but not limited to the certification of vehicles, equipment, supplies, and communications systems; provided that any county operating a county emergency medical services system pursuant to part XI of chapter 46 shall be responsible for the purchase, maintenance, and servicing of all vehicles, equipment, supplies, and communication systems operated for emergency services within the county. The department may contract to certify air and ground ambulance units statewide. The department may charge a reasonable fee for annual certification and safety inspections of air and ground ambulances. Any person who provides emergency medical service as an employee of any emergency ambulance service statewide shall be subject to chapter 453. [L 1978, c 148, pt of §1; am L 1984, c 168, §4; am L 2021, c 208, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-228 Emergency medical services; counties.

§321-228 Emergency medical services; counties.
The department shall determine, in consultation with the advisory committee under section 321-225, the levels of emergency medical services that shall be implemented in each county within the service area. The department may contract to provide emergency medical services, including emergency aeromedical services, or any necessary component of the emergency services system of a county within the service area in conformance with the state system. If any county within the service area shall apply to the department to operate emergency medical ambulance services within the respective county, the department may contract with the county for the provision of those services. The department shall operate emergency medical ambulance services or contract with a private agency in those counties within the service area that do not apply to it under this section. Any county or private agency contracting to provide emergency medical ambulance services under this section shall be required by the department to implement those services in a manner and at a level consistent with the levels determined under this section. [L 1978, c 148, pt of §1; am L 1980, c 285, §2; am L 1981, c 93, §4; am L Sp 2003, c 2, §3; am L 2021, c 208, §12]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-229 Emergency medical services personnel, training programs.

§321-229 Emergency medical services personnel, training programs.
(a) The University of Hawaii shall provide training courses in basic, intermediate, and advanced life support for emergency medical services personnel statewide. The curricula and syllabi of these courses shall be approved in advance by the department. The curricula and syllabi of courses for ambulance personnel shall be consistent with the scope and level of the practice of emergency medical services associated with emergency ambulance personnel licensure defined by the Hawaii medical board under part II of chapter 453.
(b) The University of Hawaii, or other accredited community college, college, or university, or any professional organization that is approved by the department to provide emergency medical services training, shall consult with the department and any county operating a county emergency medical services system pursuant to part XI of chapter 46 to determine the number and type of emergency medical services courses necessary to support the staffing requirements for emergency medical services. The basic life support and advanced life support training programs shall be relevant to and consistent with the training course required for licensure under chapter 453.
(c) The department shall develop standards for emergency medical services course instructors and standards for emergency medical services training facilities for all basic life support personnel, advanced life support personnel, users of the automatic external defibrillator, and emergency medical dispatch personnel that shall be at least equivalent to or exceed the standards necessary to meet the requirements, pursuant to part II of chapter 453, for the licensure of basic life support personnel and advanced life support personnel.
(d) The department of health may conduct annual inspections of the training facilities and evaluate the qualifications of course instructors to ensure that the standards and qualifications are consistent with the medical standards for basic life support personnel, advanced life support personnel, users of the automatic external defibrillators, and emergency medical dispatch personnel. [L 1978, c 148, pt of §1; am L 1980, c 285, §3; am L 1981, c 93, §5; am L 1984, c 168, §5; am L 1996, c 210, §2; am L 1999, c 212, §2; am L 2008, c 9, §3; am L 2021, c 119, §3 and c 208, §13]
Cross References
Emergency medical service personnel, see chapter 453, part II.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-229.2 First responder personnel; dementia training.

§321-229.2 First responder personnel; dementia training.
(a) The employers of first responder personnel may obtain dementia training for first responder personnel, which may include:
(1) Recognizing the key signs of Alzheimer's disease and related types of dementia;
(2) Strategies for assessing cognition;
(3) Best practices for interacting with persons with Alzheimer's disease and related types of dementia; and
(4) Strategies to best identify and intervene in situations where persons with Alzheimer's disease and related types of dementia may be at particular risk of abuse or neglect.
(b) The training shall be offered at no cost to the applicable first responder personnel and shall be funded by private contributions from relevant non-profit organizations.
(c) The executive office on aging may coordinate the training schedules and standards, as necessary, with all public and private entities and agencies responsible for services provided by first responder personnel, including entering into agreements or memoranda of agreement with nonprofit organizations to provide funding pursuant to subsection (b).
(d) The employers of first responder personnel may utilize existing educational and training resources available in the public and private sectors when developing the training required under this section. [L 2021, c 155, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-231 Grants.

§321-231 Grants.
The state system may seek and accept any funds or property and other desirable support and assistance from any source whatsoever, whether gift, grant, services or any combination thereof, subject to applicable laws. In the event that any grant applications are made in relation to the state system, or any component thereof, the department shall consult with the advisory committee and provide technical assistance in the preparation, management, or administration of the application or the grant, or both. [L 1978, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-232 Revenues; deposit into state general fund.

§321-232 Revenues; deposit into state general fund.
(a) The department shall establish reasonable fees for services rendered to the public within the service area by the department, any county within the service area, or private agency under this part; provided that all revenues collected by the department and the respective counties pursuant to this section shall be deposited into the state general fund, except amounts necessary to provide for collection services for bad debt accounts. Fees required to be set by this section shall be established in accordance with chapter 91.
(b) No ambulance services, or any other emergency medical services available from or under the authority of this chapter shall be denied to any person on the basis of the ability of the person to pay therefor or because of the lack of prepaid health care coverage or proof of such ability or coverage.
(c) In the event of nonpayment of any fees required to be assessed by this section, the department shall determine whether the recipient of services is financially able to pay the fees and make every reasonable effort to collect the fees. In the event the department finds the person is without sufficient resources to pay for the services, no further action to collect the fees shall be taken. If the services are paid by a county or any other entity, and collection of the fee is delegated by contractual agreement to the county or other agency that provides the services, the county or other agency shall forward records relating to unpaid fees for action by the department under this subsection. No county or other entity shall make a final determination of the ability of a person to pay under this subsection. Any determination of ability to pay for purposes of this subsection shall be in accordance with rules that the department shall adopt, subject to chapter 91, governing the determinations. [L 1978, c 148, pt of §1; am L 1984, c 77, §1; am L 2021, c 208, §15]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-234 Emergency medical services special fund.

§321-234 Emergency medical services special fund.
(a) There is established within the state treasury a special fund to be known as the emergency medical services special fund to be administered and expended by the department.
(b) The moneys in the special fund shall be distributed as follows:
(1) Beginning with fiscal year 2021-2022, $3,500,000 shall be distributed each fiscal year to a county operating a county emergency medical services system pursuant to part XI of chapter 46 for the operation of that system; and
(2) The remainder shall be distributed to the department for operating the system established pursuant to this chapter, including enhanced and expanded services, and shall not be used to supplant funding for emergency medical services authorized prior to July 1, 2004.
(c) Fees remitted pursuant to section 249-31, cigarette tax revenues designated under section 245-15, interest and investment earnings attributable to the moneys in the special fund, legislative appropriations, and grants, donations, and contributions from private or public sources for the purposes of the fund, shall be deposited into the special fund.
(d) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that outlines the receipts of, and expenditures from, the special fund. [L 2004, c 158, §2; am L 2006, c 316, §6; am L 2021, c 208, §16]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-235 Immunity and limitation on liability for emergency aeromedical services.

§321-235 Immunity and limitation on liability for emergency aeromedical services.
The State shall not be liable for any claim of injury or death based on a failure to establish or continue emergency aeromedical services in any part of the State or in any county, including the failure of the department of health to establish emergency aeromedical services. [L 2004, c 105, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-236 Emergency medical services; use of latex gloves prohibited.

§321-236 Emergency medical services; use of latex gloves prohibited.
The use of latex gloves by personnel providing ambulance services or emergency medical services statewide pursuant to this part and part XI of chapter 46 shall be prohibited. [L 2016, c 180, §3; am L 2021, c 208, §17]
Cross References
Dental health facilities; health care facilities; use of latex gloves, see §321-11.9.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-237 Retention of relevant documentation.

§321-237
Retention of relevant documentation.
Notwithstanding any provision of this part or any other state or county law or ordinance to the contrary, the department shall maintain data repositories, charts, patient information, data submission, and epidemiology information for all emergency medical services statewide. [L 2021, c 208, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-281 Financial assistance fund for hemophilia.

§321-281 Financial assistance fund for hemophilia.
There is established within the department of health a financial assistance fund for persons suffering from hemophilia who require hemophilia-related medical care and treatment, but who are unable to pay the entire costs of such medical care and treatment. [L 1983, c 280, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-282 General duties of the department.

§321-282 General duties of the department.
The department of health shall:
(1) Provide financial assistance, within the limits of available funds in the financial assistance fund, for the medical care and treatment of persons suffering from hemophilia who meet the standards of eligibility established by the department; provided that the department may contract with a private, nonprofit organization to carry out this function;
(2) Establish standards of eligibility for the financial assistance provided under this part; and
(3) Adopt any necessary rules pursuant to chapter 91 to implement this part. [L 1983, c 280, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-291 Tests for phenylketonuria, hypothyroidism, and other metabolic diseases.

§321-291 Tests for phenylketonuria, hypothyroidism, and other metabolic diseases.
(a) The department of health may specify diseases to be screened for in newborn infants and methods to be employed to best prevent mortality and morbidity within the population of the State.
(b) The person in charge of each institution 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 be tested for phenylketonuria, hypothyroidism, and any other disease that may be specified by the department of health; provided that this section shall not apply if the parents, guardians, or other persons having custody or control of the child object thereto on the grounds that the tests conflict with their religious tenets and beliefs and written objection is made a part of the infant's medical record.
(c) The department of health shall adopt rules pursuant to chapter 91, necessary for the purposes of this section, including, but not limited to:
(1) Administration of newborn screening tests;
(2) Quality and cost control of screening tests;
(3) Retention of records and related data;
(4) Reporting of positive test results;
(5) Guidelines for care, treatment, and follow up of infants with positive test results;
(6) Informing parents about the purposes of these tests; and
(7) Maintaining the confidentiality of affected families.
(d) There is created in the treasury of the State the newborn metabolic screening special fund. All moneys for newborn metabolic screening services collected under this chapter shall be deposited in the newborn metabolic screening special fund to be used for the payment of its lawful operating expenditures, including but not limited to laboratory testing, follow-up testing, educational materials, continuing education, quality assurance, equipment, and indirect costs.
(e) The director shall submit an annual report to the legislature twenty days prior to the convening of each regular session, identifying all fund balances, transfers, and expenditures made from the newborn metabolic screening special fund, and the purposes for each expenditure. [L 1986, c 10, §1; am L 1996, c 259, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-296 Newborn pulse oximetry screening.

Revision Note
Part heading added by revisor pursuant to §23G-15.
§321-296 Newborn pulse oximetry screening.
(a) Prior to discharge of any newborn in its care, a birthing facility shall perform on the newborn a pulse oximetry test for critical congenital heart defects or other medically accepted test that measures the percentage of blood oxygen saturation, as approved by the guidelines of the American Academy of Pediatrics.
(b) Subsection (a) shall not apply if the parents, guardians, or other persons having custody or control of the newborn object to performance of the test required by subsection (a) on the grounds that the test conflicts with their religious tenets and beliefs and written objection is made a part of the newborn's medical record.
(c) Each birthing facility shall report critical congenital heart defect screening data to the department of health for quality assurance and improvement activities. At a minimum, the data shall include:
(1) Newborns screened and not screened;
(2) The timing of screening after birth;
(3) Pulse oximetry results;
(4) The outcomes of newborns who fail pulse oximetry screening; and
(5) Infants who are detected with a critical congenital heart defect and who pass pulse oximetry screening.
(d) For the purposes of this section, "birthing facility" means an inpatient or ambulatory health care facility licensed by the department of health that provides birthing and newborn care services. [L 2015, c 212, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-301 Bilingual health education aide program; establishment.

§321-301 Bilingual health education aide program; establishment.
There is established in the department of health a bilingual health education aide program. Under the program, bilingual health education aides shall assist in the provision of health education and public health services to non-English and limited English speaking persons living in the State. The department, subject to chapter 76, shall employ bilingual health education aides and other necessary personnel for the program. [L 1986, c 307, §2; am L 2000, c 253, §150]
Cross References
Bilingual mental health services, see §334-12.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-311 Environmentally-related illness and injury surveillance.

§321-311 Environmentally-related illness and injury surveillance.
The department of health shall maintain, as it deems advisable and within available resources, an environmentally-related human illness and injury surveillance system for conditions determined by the director to present a threat to public health in order to ascertain the incidence, distribution, and other epidemiological characteristics of these illnesses and injuries. [L 1987, c 186, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-312 Definition of environmentally-related illness or injury.

§321-312 Definition of environmentally-related illness or injury.
Environmentally-related human illnesses or injuries are those designated acute or chronic adverse health effects associated with exposure to pesticides, lead, or other toxic substances determined by the director to present a threat to public health. [L 1987, c 186, pt of §2]
Law Journals and Reviews
Poisons in Our Communities: Environmental Justice's Role in Regulating Hawai`i's Biotechnology Industry. 40 UH L. Rev. 155 (2018).
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-314 Reports to the department.

§321-314 Reports to the department.
Any health care professional who has the primary responsibility for the treatment of an individual who is suffering from environmentally-related illness or injury shall report the occurrence or suspected occurrence of such illness or injury to the department in writing or in the manner specified by the director of health. Every laboratory director having laboratory data regarding an individual affected by or suspected to be affected by a toxic substance determined by the director of health to present a threat to public health shall report such data to the department of health in a manner specified by the director. Forms for the reporting of environmentally-related illness or injury shall be provided by the department. [L 1987, c 186, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-315 Confidentiality.

§321-315 Confidentiality.
Reports provided to the department under this section shall not be made public to protect the identity of the persons diagnosed to be suffering from an environmentally-related illness or injury; provided that statistical information collected under this part shall be public information. [L 1987, c 186, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-317 Rules.

§321-317 Rules.
The director of health shall adopt rules necessary for the purposes of this part pursuant to chapter 91. The rules shall include the director's determination of the penalties to be assessed for any failure of a health care professional or laboratory director to comply with the reporting requirements established under this part. [L 1987, c 186, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-321 Purpose.

§321-321 Purpose.
The purpose of this part is to enable the department of health to assure the availability of programs and services which promote the health of women of childbearing age, mothers, families, infants, children, youths, and adolescents. These programs shall further the State's goals of providing for the health and well-being of women and mothers and help to insure that healthy babies become healthy adults. [L 1988, c 203, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-322 Administration of programs.

§321-322 Administration of programs.
The department of health may administer programs to reduce infant and maternal mortality and morbidity, and otherwise promote the health of women of childbearing age, mothers, families, infants, children, youths, and adolescents. The types of services to be provided may include but need not be limited to perinatal care, prenatal education including individual risk reduction, maternal care, baby and child care, adolescent health care, and family planning. [L 1988, c 203, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-323 Definitions.

§321-323 Definitions.
For the purposes of this part:
"Preventive health care services" means services which promote, enhance, or maintain optimal health and well-being.
"Target population" means women of childbearing age, mothers, families, infants, children, youths, and adolescents. [L 1988, c 203, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-324 Powers of the department.

§321-324 Powers of the department.
The department of health may:
(1) Make available to the target population quality health care services, with emphasis on preventive health services;
(2) Develop, extend, and improve the services; and
(3) Cooperate with the federal government, through its appropriate agency or instrumentality, in identifying needs, developing, extending, and improving the services, and receiving and expending all funds made available to the department by the federal government, the State, or its political subdivisions, or from any other source, including private donations, for the purposes of this part. [L 1988, c 203, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-325 Agreements.

§321-325
Agreements.
In carrying out the purposes of this part the director of health may:
(1) Enter into agreements with the United States and with other state departments, agencies, and political subdivisions, and enter into assistance agreements for services with profit organizations incorporated under the laws of the State or nonprofit organizations determined to be exempt from the federal income tax by the Internal Revenue Service, and allocate and expend any funds appropriated for the purposes of such agreements and do all things necessary to accomplish the purposes and provisions of this part; and
(2) Establish standards and review procedures to assure that recipients of state funding provide the services and facilities necessary to accomplish the purposes for which the funds are provided. [L 1988, c 203, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-327 Hawaii home visiting program; established.

§321-327 Hawaii home visiting program; established.
(a) There is established within the department of health the Hawaii home visiting program, which shall be responsible for statewide hospital-based screening and home visiting services to identify families of newborns at risk for poor health and safety outcomes, including child abuse and neglect, to promote healthy child development and strengthen families.
(b) Within the limits of available funds, the hospital-based screening and home visiting services program shall:
(1) Provide proactive, universal screening of newborns' families, using one or more screening tools validated for identifying levels of risk for poor health and safety outcomes and child abuse and neglect as designated by the department of health;
(2) Refer high-risk families to Hawaii home visiting program providers who shall employ evidence-based models of service; and
(3) Consider as a high priority, families at risk for poor health outcomes, child abuse, or neglect. [L 2013, c 91, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-331 Prenatal health care; authority.

§321-331 Prenatal health care; authority.
(a) The department of health may adopt rules pursuant to chapter 91 to ensure that all pregnant women in this State are offered appropriate information, quality testing, diagnostic services, and follow-up services concerning neural tube defects and other disorders amenable to prenatal diagnosis. The purpose of prenatal screening and diagnosis is to obtain vital information for the pregnant woman and her family as well as for the providers of her health care. It can be used to provide appropriate care and to assist the woman and her family to achieve optimal health outcomes. Nothing in this section shall be construed to mean that prenatal screening and testing are mandatory.
(b) The department of health may:
(1) Provide educational resources to all women in the State before and early in pregnancy about the availability of prenatal tests, including non-directive counseling and impartial information on the benefits, risks, and limitations of prenatal tests;
(2) Make available prenatal screening and diagnosis tests to all pregnant women in this State who choose to be so screened;
(3) Specify the diseases which may be screened for;
(4) Determine screening and diagnostic test methodologies;
(5) Establish laboratory quality control standards for performance of designated tests;
(6) Provide technical assistance to laboratories, hospitals, physicians, and other health care providers;
(7) Maintain a confidential registry and collect appropriate statistical data for the purposes of research and evaluation;
(8) Collect fees for program services; and
(9) Maintain confidentiality of records of women and their families participating in the program. [L 1988, c 23, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-341 Multidisciplinary and multiagency reviews.

§321-341 Multidisciplinary and multiagency reviews.
The department of health may conduct multidisciplinary and multiagency reviews of child deaths in order to reduce the incidence of preventable child deaths. [L 1997, c 369, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-342 Definitions.

§321-342 Definitions.
As used in this part:
"Child" means a person under eighteen years of age.
"Child death review information" means information regarding the child and child's family, including but not limited to:
(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.
"Director" means the director of health or the director's designated representatives.
"Family" means:
(1) Each legal parent;
(2) Each natural parent;
(3) The adjudicated, presumed, or concerned natural parent as defined under section 578-2;
(4) Each parent's spouse or former spouses;
(5) Each sibling or person related by consanguinity or marriage;
(6) Each person residing in the same dwelling unit; and
(7) Any other person who, or legal entity that, is a child's legal or physical custodian or guardian, or who is otherwise responsible for the child's care, other than an authorized agency that assumes such a legal status or relationship with the child under chapter 587A.
"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 1997, c 369, pt of §1; am L 2010, c 135, §7; am L 2023, c 160, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-343 Access to information; use of child death review information; protections.

§321-343 Access to information; use of child death review information; protections.
(a) Upon written request of the director, all providers of health care, social services, and state and county agencies shall disclose to the department, and those individuals appointed by the director to participate in the review of child deaths, child death review information regarding the circumstances of a child's death so that the department may conduct a multidisciplinary and multiagency review of child deaths pursuant to section 321-31 and this part. All requested disclosures shall comply with state and federal privacy statutes and regulations, including the Health Insurance Portability and Accountability Act, and the department shall not request records of any internal hospital committee, peer review committee, or quality improvement review process. The department may enter into a memorandum of agreement with hospitals regarding requests for information to be used for child death reviews.
(b) To the extent that this section conflicts with other state confidentiality and disclosure laws, this section shall prevail.
(c) Except as otherwise provided in this part, all child death review information acquired by the department during its review of child deaths pursuant to this part is confidential and may only be disclosed as necessary to carry out the purposes of this part.
(d) No individual participating in the review of a child death shall be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a multidisciplinary review. Nothing in this subsection shall be construed to prevent a person from testifying to information obtained independently of the department's request for child death review information or the multidisciplinary team's review of the child death, or which is public information, or where disclosure is required by a court of law.
(e) Child death review information held by the department as a result of child death reviews conducted under this part shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that child death review information otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because they were provided to the department as required by this part. [L 1997, c 369, pt of §1; am L 2016, c 203, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-345.5 Child death reviews; reports.

§321-345.5 Child death reviews; reports.
(a) The director shall submit an annual written report to the legislature no later than twenty days prior to the convening of each regular session on the status of child death reviews conducted by the department pursuant to this part. The annual report shall cover the calendar year immediately prior to the year in which the report is due and shall describe the total number of child deaths in Hawaii and the causes of those deaths, the number of deaths of children in state custody and the causes of those deaths, any child death review activities conducted by the department, trends in child deaths, and recommendations for system changes, including any proposed legislation.
(b) Upon written request of the director, a state or county agency shall report deaths of children in the custody of the state or county agency to the department, including any information on the circumstances of the child's death deemed relevant by the director.
(c) The director shall submit a copy of any other child death review report published by the department, including findings and recommendations resulting from such a review, to the legislature upon the report's publication. [L 2016, c 203, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-352 Early intervention services for infants and toddlers with special needs.

§321-352 Early intervention services for infants and toddlers with special needs.
The department may develop a statewide, coordinated, multidisciplinary program which contains a continuum of services to meet the needs of infants and toddlers with special needs. The department shall be the lead agency for the coordination of federal and state funding for those programs. Pursuant to chapter 103F, the department may purchase services appropriate to carry out activities under this part. [L 1989, c 107, pt of §2; am L 1991, c 335, §7; am L 1997, c 190, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-352.2 Early language services for children who are deaf, hard of hearing, or deaf-blind.

§321-352.2 Early language services for children who are deaf, hard of hearing, or deaf-blind.
Early intervention services for infants and toddlers may include, but not be limited to, service providers and mentors of the deaf, hard of hearing, or deaf-blind who use American Sign Language; service providers and mentors of the deaf who use oral language; American Sign Language teachers for families of young children; family-to-family support; and training of early intervention providers. [L 2016, c 177, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-355 Early intervention special fund.

§321-355 Early intervention special fund.
(a) There is established in the state treasury a special fund to be known as the early intervention special fund to be administered by the department in accordance with this section.
(b) The fund shall consist of grants and income earned by the special fund. All program income consisting of federal reimbursement funds received by the State for early intervention funded by legislative appropriations under this part shall be deposited into the special fund; provided that no state appropriations shall be deposited into the special fund. [L 1997, c 378, pt of §2; ree L 1998, c 43, pt of §1(1); am L 2011, c 124, §42]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-357 Early intervention special fund; purpose and use.

§321-357 Early intervention special fund; purpose and use.
(a) The purpose of the early intervention special fund is to expand and enhance early intervention services for infants and toddlers with special needs by providing a cooperative funding mechanism between the public and private sectors to work together to make and secure appropriations and donations to the fund.
(b) The department may procure services under chapters 103D and 103F in accordance with criteria and procedures established by rules adopted pursuant to chapter 91, for community-based, family-centered, early intervention services including but not limited to:
(1) Programs to provide early intervention services for infants and toddlers with developmental delays or at biological or environmental risk;
(2) Family support programs to strengthen families to reduce the risk of child abuse and neglect;
(3) Training and education for professionals, paraprofessionals, and families; and
(4) Research, evaluation, and data management related to early intervention services.
(c) Services to be procured under this section shall be in accordance with chapters 103D and 103F and take the following forms:
(1) Purchase of service contracts to private nonprofit organizations, public agencies, or qualified individuals to provide community-based, family-centered, early intervention services; or
(2) Direct payments for services, educational materials, training, quality assurance, equipment, data collection, and program evaluation.
(d) The Hawaii early intervention coordinating council shall make recommendations to the department for the expenditure of moneys from the early intervention special fund. [L 1997, c 378, pt of §2; am L 1998, c 43, pt of §1(1); am L 2016, c 43, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-361 Definitions.

Revision Note
In this part, "part" substituted for "chapter".
§321-361 Definitions.
As used in this part, unless the context clearly indicates otherwise:
"Audiologist" means an individual professional licensed as an audiologist pursuant to chapter 468E.
"Deaf or hard of hearing" means any type and degree of permanent hearing loss as assessed by an audiologist or physician specialized in hearing function.
"Department" means the department of health.
"Diagnostic audiologic evaluation" means an evaluation of the sensitivity of a person's sense of hearing as assessed by an audiologist or physician specialized in hearing function.
"Hearing screening" means objective procedures to detect possible hearing loss and determine the need for diagnostic audiologic evaluation and medical evaluation.
"Infant" means a child from birth to thirty-six months of age. [L 1990, c 85, pt of §3; am L 2022, c 36, §2]