reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-12.2 Tanning facilities; minors; penalties.

§321-12.2 Tanning facilities; minors; penalties.
(a) It shall be unlawful for any tanning facility owner, lessee, or operator to allow any person under the age of eighteen to use any tanning equipment.
(b) A tanning facility owner, lessee, or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases, or operates in this State, a notice developed by the director of health addressing the following:
(1) That it is unlawful for a tanning facility owner, lessee, or operator to allow a person under the age of eighteen to use any tanning equipment;
(2) That any tanning facility owner, lessee, or operator violating this section shall be subject to a fine;
(3) That any individual may report a violation of this section to the individual's local law enforcement agency; and
(4) The health risks associated with tanning.
(c) The director of health may impose on a person who violates this section:
(1) For a first violation, a fine not to exceed $250; and
(2) For each subsequent violation, a fine not to exceed $500.
(d) This section shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.
(e) The director of health may adopt rules in accordance with chapter 91 to implement this section.
(f) As used in this section:
"Operator" means a person designated by the tanning facility owner or tanning equipment lessee to operate or assist and instruct in the operation and use of the tanning facility or tanning equipment.
"Tanning equipment" means any device that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including but not limited to sunlamps, tanning booths, or tanning beds.
"Tanning facility" means any location, place, area, structure, or business that provides persons access to any tanning equipment, including tanning salons, health clubs, gyms, apartments, condominiums, and hotels, regardless of whether a fee is charged for access to the tanning equipment. [L 2014, c 205, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-12.5 Certified forensic examination fees.

§321-12.5 Certified forensic examination fees.
(a) The department of health, by rules adopted pursuant to chapter 91, shall establish fees for application and certification as certified forensic examiners, to be paid by the applicant at the onset of the application process. The fees shall cover the costs of training, examination, certification, and monitoring.
(b) All moneys collected as fees pursuant to subsection (a) shall be deposited into the mental health and substance abuse special fund established by section 334-15.
(c) All funds deposited in the mental health and substance abuse special fund pursuant to subsection (b) shall be used exclusively to support the activities relating to the application, training, certification, and monitoring of the certified forensic examination program. [L 1995, c 214, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-13 Regulation of certain other occupations.

§321-13 Regulation of certain other occupations.
(a) The department of health, with the approval of the governor, may adopt rules as it deems necessary for the public health or safety respecting:
(1) The occupations or practices of clinical laboratory directors, medical technologists (clinical laboratory scientists), clinical laboratory specialists, cytotechnologists, medical laboratory technicians (clinical laboratory technicians), tattoo artists, and environmental health professionals;
(2) The health, education, training, experience, habits, qualifications, or character of persons to whom certificates of registration or permits for these occupations or practices may be issued;
(3) The health, habits, character, practices, standards, or conduct of persons holding these certificates or permits; and
(4) The grounds or causes for revoking or suspending these certificates or permits.
The rules shall have the force and effect of law.
(b) It shall be unlawful for any person to engage in or to attempt to engage in or to follow any of the occupations or practices referred to in this section, unless the person first obtains and holds a valid unrevoked certificate of registration or permit under such rules or regulations as the department shall prescribe.
(c) The department may revoke or suspend any certificate of registration or permit issued under this section or issued prior to April 23, 1941, upon proof to its satisfaction of a violation of any rule or regulation of the department on the part of any person holding a certificate or permit; provided that no such certificate or permit shall be revoked or suspended except upon due notice to the person holding the same and the person shall be given an opportunity to be heard and present evidence in the person's own defense. [L 1941, c 87, § §1, 2, 3; RL 1945, §2017; am L 1945, c 116, §1(c); am L 1947, c 192, §22; am L 1949, c 19, §1; am L 1955, c 117, §1; RL 1955, §46-15; am L 1959, c 25, §1; am L Sp 1959 2d, c 1, §19; HRS §321-13; am L 1969, c 160, §1; am L 1973, c 80, §2(1); am L 1974, c 214, §1; am L 1982, c 80, §1; am L 1985, c 11, §1 and c 276, §4; gen ch 1985; am L 1986, c 139, §9; am L 1988, c 194, §3; am L 1990, c 225, §4 and c 285, §6; am L 1997, c 219, §2; am L 1999, c 210, §1 and c 211, §3]
Cross References
Nursing home administrators act, see chapter 457B.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-13.5 Certified nurse aides; investigations of abuse and neglect.

§321-13.5 Certified nurse aides; investigations of abuse and neglect.
The department shall adopt rules pursuant to chapter 91 relating to:
(1) The investigation of:
(A) Abuse or neglect by a certified nurse aide working in a health care setting licensed or certified by the department; and
(B) Misappropriation of an individual's property by a certified nurse aide working in a health care setting licensed or certified by the department; and
(2) Action taken against a certified nurse aide as a result of an investigation pursuant to paragraph (1). [L 2007, c 226, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-14 License to practice certain occupations.

§321-14 License to practice certain occupations.
It shall be unlawful for any person to practice any of the occupations specified in section 321-13(a)(1) without a license so to do; any person wishing to obtain a license to engage in any of the specified occupations shall make application to the department of health, in accordance with such rules as shall be prescribed by the department under section 321-13, and any such application shall be accompanied by an examination fee for such license. [L 1957, c 316, pt of §1; am L 1959, c 25, §2; am L Sp 1959 2d, c 1, §19; Supp, §46-15.1; HRS §321-14; am L 1969, c 160, §2; am L 1973, c 80, §2(2) and c 97, §1; am L 1974, c 214, §2; am L 1982, c 80, §2]
Cross References
Regulatory licensing of certain health related professions or occupations, see title 25.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-14.5 Hospitals; licensing.

§321-14.5 Hospitals; licensing.
(a) All hospitals shall be licensed by the department to ensure the health, safety, and welfare of the individuals placed therein.
(b) The director shall adopt rules in accordance with chapter 91 that shall provide for the licensing of hospitals.
(c) The rules may provide that accreditation by The Joint Commission demonstrates a hospital's compliance with all licensing inspections required by the State. The rules may exempt a hospital from a licensing inspection on a continuing basis throughout the term of the accreditation under the following conditions:
(1) The hospital provides the department with a certified copy of the hospital's official accreditation report from The Joint Commission;
(2) The hospital continuously holds full accreditation by The Joint Commission; and
(3) The hospital holds a current and valid state license.
(d) The rules shall provide that the department may conduct inspections and investigations of exempt hospitals to investigate complaints, follow up on adverse accreditation findings, or conduct periodic validation surveys.
(e) Information contained in reports of survey and official accreditation letters made by The Joint Commission used in determining compliance with licensing requirements shall be public information.
(f) All other records maintained by the department shall be governed by chapter 92F. [L 2002, c 118, §1; am L 2012, c 273, §1; am L 2020, c 70, §47]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-14.8 Home care agencies; licensing.

§321-14.8 Home care agencies; licensing.
(a) Beginning July 1, 2010, each home care agency shall be licensed by the department of health to ensure the health, safety, and welfare of clients.
(b) The department of health shall adopt interim rules, which shall be exempt from chapters 91 and 201M, to effectuate the licensure of home care agencies; provided that the interim rules shall remain in effect until the sooner of October 1, 2018, or the adoption of rules pursuant to chapters 91 and 201M to:
(1) Protect the health, safety, and civil rights of clients of home care agencies; and
(2) Provide for the licensure of home care agencies.
(c)
A service provider agency shall be exempt from the licensing requirement of this section when services are provided:
(1) Under contract for services with the city and county of Honolulu, elderly affairs division; or
(2) Exclusively to participants in the medicaid home and community based services waiver, pursuant to section 1915(c) of the Social Security Act, by an agency approved by the department of human services med-QUEST division.
(d) For purposes of this section:
"Home care agency" means a public or proprietary agency, a private, nonprofit organization, or a subdivision of an agency or organization, engaged in providing home care services to clients in the client's residence. The term "home care agency" does not apply to an individual, including an individual who is incorporated as a business, or is an unpaid or stipended volunteer.
"Home care services" include but are not limited to:
(1) Personal care, including assistance with dressing, feeding, and personal hygiene to facilitate self-care;
(2) Homemaker assistance, including housekeeping, shopping, and meal planning and preparation; and
(3) Respite care and assistance and support provided to the family. [L Sp 2009, c 21, § §2, 8; am L 2014, c 125, §2; am L 2018, c 148, §2; am L 2019, c 91, §2 and c 158, §2]
Note
Department of health to request funding for the permanent position that facilitates the licensing of home care agencies as part of its annual budget request, beginning with fiscal year 2015-2016. L 2014, c 125, §4.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-15 Biennial registration; fees, failure to register; denial, suspension, or revocation of a license.

§321-15 Biennial registration; fees, failure to register; denial, suspension, or revocation of a license.
(a) Every person holding a license to practice any occupation specified in section 321-13(a)(1) shall reregister with the department of health every other year in accordance with the rules of the department, before February 1 except where superseded by federal law, and shall pay a reregistration fee. The failure, neglect, or refusal of any person holding a license to reregister or pay the reregistration fee, after thirty days of delinquency, shall constitute a forfeiture of the person's license; provided that the license shall be restored upon written application therefor together with a payment of all delinquent fees and an additional late reregistration fee that may be established by the director of health. All fees collected pursuant to this section shall be deposited into the sanitation and environmental health special fund established under section 321-27.
(b) The department shall suspend, refuse to renew, reinstate, or restore, or deny any license or application if the department has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, the department shall grant, renew, restore, or reinstate a license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or family court. [L 1957, c 316, pt of §1; am L 1959, c 25, §2; am L Sp 1959 2d, c 1, §19; Supp, §46-15.2; HRS §321-15; am L 1969, c 160, §3; am L 1973, c 80, §2(3); am L 1974, c 214, §3; am L 1982, c 80, §3; gen ch 1985; am L 1994, c 169, § §4, 9; am L 1996, c 164, §1; am L 1997, c 293, §15; am L 1998, c 311, § §14, 16; am L 1999, c 273, §3; am L 2002, c 226, §5; am L 2003, c 133, §6; am L 2010, c 176, §3; am L 2019, c 279, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-15.1 Definitions.

§321-15.1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Adult residential care home" means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility.
"Asbestos abatement project designer" means a person who is accredited to determine how the asbestos abatement work should be conducted.
"Asbestos inspector" means a person who is accredited to identify asbestos-containing building material and to assess its physical condition.
"Asbestos management planner" means a person who is accredited to use the data gathered by asbestos inspectors to assess the current or potential hazard posed by the asbestos-containing building material, to determine the appropriate response actions, and to develop a schedule for implementing these response actions.
"Assisted living facility" means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality.
"Expanded adult residential care home" means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, and who may need the professional health services provided in an intermediate or skilled nursing facility.
"Hospice home" means any facility operated by a licensed hospice service agency providing twenty-four-hour living accommodations to no more than five unrelated persons who are admitted for hospice service. [L 1985, c 272, §2; am L 1988, c 194, §4 and c 334, §1; am L 1995, c 87, §3; am L 1998, c 132, §3; am L 1999, c 77, §6]
Cross References
Asbestos and lead pollution control, see chapter 342P.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-15.3 Criminal history disclosure of prospective care home resident.

§321-15.3 Criminal history disclosure of prospective care home resident.
Notwithstanding any other law to the contrary, the department of health shall disclose to the operator of an adult residential care home, to the extent that the division or office of the department that is referring the individual to the care home possesses, the information in existing records at the time of, and as part of, the application for admission, the criminal history of a prospective resident applying for entry to the care home when the prospective resident had previously been:
(1) Convicted of an offense involving violence to a person; or
(2) Admitted to the state hospital under the jurisdiction of the department of health as a result of an acquittal under chapter 704 for an offense involving violence to a person. [L 2002, c 166, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-15.61 Adult residential care homes expanded admissions.

§321-15.61 Adult residential care homes expanded admissions.
(a) Adult residential care homes may admit an individual who has been living immediately prior to admission in the individual's own home, a hospital, or other care setting, and who has been either:
(1) Admitted to a medicaid waiver program and determined by the department of human services to require nursing facility level care to manage the individual's physical, mental, and social functions; or
(2) A private-paying individual certified by a physician or advanced practice registered nurse as needing a nursing facility level of care.
(b) The department of health shall adopt rules in accordance with chapter 91 to expand admissions to adult residential care homes by level of care and to define and standardize these levels of care. The rules and standards shall provide for appropriate and adequate requirements for knowledge and training of adult residential care home operators and their employees. [L 1998, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-15.63 Hospice services.

§321-15.63 Hospice services.
(a) The department of health may license hospice service agencies. If the department licenses hospice service agencies, the director shall adopt rules in accordance with chapter 91 regarding hospice service agencies that shall:
(1) Protect the health, safety, welfare, and civil rights of persons residing in their place of residence; and
(2) Provide penalties for the failure to comply with any rule.
Licensing shall be required annually for the first two years of licensure. Thereafter, licensing shall be required biennially; provided that if the department of health receives a complaint regarding the hospice service agency from the time of the last licensure, the licensing shall be required annually until such time as the department is satisfied that licensing may proceed biennially.
(b) For the purpose of this section:
"Hospice service" means a program of palliative and supportive care for terminally ill persons and their families or caregivers.
"Hospice service agency" means an agency or organization, or a subdivision of that agency or organization, which is engaged in providing hospice services at the place of residence of its clients. [L 1999, c 77, §3]
Law Journals and Reviews
Long-Term Care in Hawaii. 18 HBJ, no. 13, at 59 (2015).
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-15.7 Penalty.

§321-15.7 Penalty.
Any person who intentionally operates an adult residential care home or hospice home without a license shall be guilty of a misdemeanor. [L 1978, c 107, pt of §3; am L 1985, c 272, §6; am L 1989, c 223, §2; am L 1999, c 77, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-16.5 Special treatment facilities

§321-16.5 Special treatment facilities
. (a) All special treatment facilities shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.
(b) The director shall adopt rules, in accordance with chapter 91, regarding special treatment facilities that shall be designed to:
(1) Provide a therapeutic residential program for care, diagnosis, treatment, or rehabilitation for socially or emotionally distressed persons, mentally ill persons, persons suffering from substance abuse, and developmentally disabled persons. Special treatment facilities shall include a short-term crisis residential program or a long-term residential treatment program;
(2) Comply with applicable federal laws and regulations; and
(3) Provide penalties for the failure to comply with any rule.
(c) For the purposes of this section:
"Long-term residential" means a residential treatment program for persons whose duration of stay is thirty days or longer.
"Short-term crisis residential" means a residential treatment program for persons who are in crisis and whose duration of stay is less than thirty days.
"Socially or emotionally distressed person" means an individual who is experiencing psychiatric symptomatology that may be acute or chronic in nature, which requires therapeutic or rehabilitative services. [L 2005, c 139, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-16.6 Therapeutic living programs.

§321-16.6 Therapeutic living programs.
(a) All therapeutic living programs shall be licensed to ensure the health, safety, and welfare of the individuals placed therein.
(b) The director shall adopt rules regarding therapeutic living programs in accordance with chapter 91 that shall be designed to:
(1) Comply with applicable federal laws and regulations; and
(2) Provide penalties for the failure to comply with any rule.
(c) For the purposes of this section, "therapeutic living program" means a supervised living arrangement that provides mental health, substance abuse services, or supportive services for individuals or families who do not need the structure of a special treatment facility and are transitioning to independent living. The program aids residents in meeting basic needs and provides supportive services through a required service plan. [L 2005, c 139, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-17 Vessels to carry diseased persons; penalty.

§321-17 Vessels to carry diseased persons; penalty.
Vessels, regardless of tonnage, and other common carriers, shall be permitted or required to carry persons having Hansen's disease or other contagious diseases under such restrictions and provisions as may be prescribed by the department of health. Apartments on steamers or on other common carriers occupied by cases of Hansen's disease or other diseases shall be disinfected in a manner prescribed or approved by the department.
The master or owner of any such vessel knowingly violating this section shall be fined not more than $200. [L 1893-4, c 30, § §1, 2; am L 1903, c 8, §2; am L 1909, c 132, §1; RL 1925, § §1208, 1209; am L 1929, c 149, pt of §1; am L 1931, c 139, §5; am L 1933, c 118, §1; am L 1933-4, c 30, §1; RL 1935, §903; RL 1945, §2019; RL 1955, §46-17; am L Sp 1959 2d, c 1, §19; HRS §321-17; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-18 Penalty.

§321-18 Penalty.
Except when another penalty is provided, every person who violates any rule of the department, after the same has been adopted, as provided in section 321-10, shall be guilty of a misdemeanor. [PC 1869, c 59, §8; RL 1925, §914; RL 1935, §906; am L 1943, c 18, §1; RL 1945, §2020; am L 1947, c 82, §1; RL 1955, §46-18; am L 1965, c 96, §29; HRS §321-18; am L 1983, c 100, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-19 Delegation to counties.

§321-19 Delegation to counties.
Any provision to the contrary notwithstanding, the department of health may, in adopting rules and regulations under sections 321-9, 321-10, and 321-11, delegate functions for inspection and enforcement of such rules, including the function of issuance of permits, certificates, or licenses, to the various counties. Such delegation of authority shall be in accordance with standards duly adopted by the department. [L 1978, c 26, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-20 Remedies.

§321-20 Remedies.
Notwithstanding other penalties, the director may enforce this chapter in either administrative or judicial proceedings:
(1) Administrative. If the director determines that any person is violating any provision of this chapter, any rule adopted thereunder, or any variance or exemption or waiver issued pursuant thereto, the director may have that person served with a notice of violation and an order. The notice shall specify the alleged violation. The order may require that the alleged violator do any or all of the following: cease and desist from the violation, pay an administrative penalty not to exceed $1,000 for each day of violation, correct the violation at the alleged violator's own expense, or appear before the director at a time and place specified in the order and answer the charges complained of. The order shall become final twenty days after service unless within those twenty days the alleged violator requests in writing a hearing before the director. Upon such request the director shall specify a time and place for the alleged violator to appear. When the director issues an order for immediate action to protect the public health from an imminent and substantial danger, the department shall provide an opportunity for a hearing within twenty-four hours after service of the order. After a hearing pursuant to this subsection, the director may affirm, modify, or rescind the order as appropriate. The director may institute a civil action in any court of appropriate jurisdiction for the enforcement of any order issued pursuant to this subsection.
Factors to be considered in imposing the administrative penalty include the nature and history of the violation and any prior violation and the opportunity, difficulty, and history of corrective action. It is presumed that the violator's economic and financial conditions allow payment of the penalty and the burden of proof to the contrary is on the violator. In any judicial proceeding to enforce the administrative penalty imposed pursuant to this chapter, the director need only show that notice was given, a hearing was held or the time granted for requesting a hearing had expired without such a request, the administrative penalty imposed, and that the penalty imposed remains unsatisfied.
This section does not supersede specific administrative penalties provided elsewhere.
(2) Judicial. The director may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order issued or rule adopted pursuant to this chapter, in addition to any other remedy or penalty provided for under this chapter. [L 1985, c 84, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-21 Infectious wastes; management and disposal.

§321-21 Infectious wastes; management and disposal.
The department of health shall adopt rules pursuant to chapter 91 for the management and disposal of infectious wastes generated by hospitals, clinics, other health care facilities, doctors' offices, dentists' offices, research laboratories, veterinary clinics, and other generators of infectious wastes. The rules shall include a definition of infectious wastes that clearly and objectively defines infectious wastes and specifies acceptable containers and other factors related to the identification, segregation, containment, and transportation of infectious wastes. Effective July 1, 1991, all generators of infectious wastes shall show proof that infectious wastes are being managed and disposed of according to departmental rules upon request of the department. [L 1989, c 258, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-22 Long term care service development fund established.

§321-22 Long term care service development fund established.
There is established in the treasury of the State a special fund to be known as the long term care service development fund, which shall be administered by the executive office on aging to provide grants to promote the establishment, reorganization, or expansion of businesses and nonprofit corporations offering community-based long term care services on a fee-for-service basis and to provide funding for training and business plan development, including, but not limited to, workshops assisting providers on the development of their business plans, assistance with applications for grants, business management training, and other types of training. [L 1989, c 380, §2]
Cross References
Coordination and development of caregiver support services, see §349-15.
Long-term care, see chapter 346D.
Long-term care financing, see chapter 346C.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-23.6 Rapid identification documents.

§321-23.6 Rapid identification documents.
(a) The department shall adopt rules for emergency medical services that shall include:
(1) Uniform methods of rapidly identifying an adult person who has certified, or for whom has been certified, in a written "comfort care only" document that the person or, consistent with chapter 327E, the person's guardian, agent, or surrogate directs emergency medical services personnel, first responder personnel, and health care providers not to administer chest compressions, rescue breathing, electric shocks, or medication, or all of these, given to restart the heart if the person's breathing or heart stops, and directs that the person is to receive care for comfort only, including oxygen, airway suctioning, splinting of fractures, pain medicine, and other measures required for comfort;
(2) The written document containing the certification shall be signed by the patient or, consistent with chapter 327E, the person's guardian, agent, or surrogate and by any two other adult persons who personally know the patient; and
(3) The original document containing the certification and all three signatures shall be maintained by the patient, the patient's:
(A) Physician;
(B) Attorney;
(C) Guardian;
(D) Surrogate; or
(E) Any other person who may lawfully act on the patient's behalf.
Two copies of the document shall be given to the patient, or the patient's guardian, agent, or surrogate.
(b) The rules shall provide for the following:
(1) The patient, or the patient's guardian, agent, or surrogate, may verbally revoke the "comfort care only" document at any time, including during the emergency situation;
(2) An anonymous tracking system shall be developed to assess the success or failure of the procedures and to ensure that abuse is not occurring; and
(3) If an emergency medical services person, first responder, or any other health care provider believes in good faith that the provider's safety, the safety of the family or immediate bystanders, or the provider's own conscience requires the patient be resuscitated despite the presence of a "comfort care only" document, then that provider may attempt to resuscitate that patient, and neither the provider, the ambulance service, nor any other person or entity shall be liable for attempting to resuscitate the patient against the patient's will. [L 1994, c 173, §1; am L 2006, c 46, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-26.5 Environmentally-sensitive cleaning and maintenance products for use in public schools; approved list of products.

§321-26.5 Environmentally-sensitive cleaning and maintenance products for use in public schools; approved list of products.
(a) The department of health shall maintain a list of products that have been approved by the Green Seal program for public school facilities to use as a first preference guideline when purchasing and using environmentally-sensitive cleaning and maintenance products; provided that the department may add or remove any product from the list as deemed necessary by the director.
(b) The department shall review and evaluate existing research regarding environmentally-sensitive cleaning and maintenance products, including any research and guidance issued by the United States Environmental Protection Agency. [L Sp 2009, c 13, §2]
Cross References
Environmentally-sensitive cleaning and maintenance products for use in public schools, see §302A-1509.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-27 Sanitation and environmental health special fund.

§321-27 Sanitation and environmental health special fund.
(a) There is established within the department of health the sanitation and environmental health special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, various certificates, variances, investigations, and reviews, pursuant to sections 321-11.5(c) and 321-15.
(b) Moneys in the fund shall be expended by the department to partially fund the operating costs of program activities and functions authorized pursuant to section 321-11 to enhance the capacity of sanitation and environmental health programs to:
(1) Improve public outreach efforts and consultations to regulated businesses and industries;
(2) Educate the public, staff, and regulated businesses and industries;
(3) Plan for future growth and expansion to meet emerging needs;
(4) Provide training opportunities to ensure the maintenance of professional competence among sanitation and environmental health staff and administrators; and
(5) Conduct program activities and functions of the sanitation branch, including permit issuance, inspections, and enforcement and the hiring of additional inspectors;
provided that for environmental health programs, not more than $140,000 of the fund may be used during any fiscal year for fund administration, including the hiring of not more than two full-time equivalent personnel, and the purchase of office and electronic equipment.
(c) Any amount in the fund in excess of $1,500,000 on June 30 of each year shall be deposited into the general fund.
(d) The department of health shall submit a report to the legislature concerning the status of the sanitation and environmental health special fund, including:
(1) The amount of moneys taken in by and expended from the fund; and
(2) The sources of receipts and uses of expenditures,
not less than twenty days prior to the convening of each regular session. [L 1994, c 169, § §2, 9; am L 1996, c 164, §1; am L 1998, c 311, § §15, 16; am L 1999, c 120, §4; am L 2010, c 176, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-27.5 Audit of sanitation branch. The department shall perform annual audits of the sanitation branch to be completed by November 30 of each year, and shall include an audit of: (1) Fees collected; (2) The number and results of sanitation inspections; (3) The number of training seminars held; and (4) The cost of training personnel in the sanitation branch. [L 1997, c 334, pt of §1]

§321-27.5
Audit of sanitation branch.
The department shall perform annual audits of the sanitation branch to be completed by November 30 of each year, and shall include an audit of:
(1) Fees collected;
(2) The number and results of sanitation inspections;
(3) The number of training seminars held; and
(4) The cost of training personnel in the sanitation branch. [L 1997, c 334, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-28 Traumatic brain injury advisory board.

§321-28 Traumatic brain injury advisory board.
There is established within the department of health the traumatic brain injury advisory board. The advisory board, in consultation with the neurotrauma advisory board, shall advise the department in the development and implementation of a comprehensive plan to address the needs of persons affected by disorders and disabilities that involve the brain. Further, the advisory board, in consultation with the neurotrauma advisory board, shall advise the department of the feasibility of establishing agreements with private sector agencies to develop services for persons with brain injuries.
The advisory board shall consist of at least nine members who shall be appointed by the director of health in accordance with section 26-35. The director of health shall designate a member to be the chairperson of the advisory board. The director of health or a designee shall serve as an ex officio nonvoting member of the advisory board. The members shall serve for a term of four years; provided that upon the initial appointment of the members, two shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and three for a term of four years. In establishing the advisory board, the director of health shall appoint at least:
(1) Two members representing private sector businesses that provide services for brain injured persons;
(2) Two survivors of traumatic brain injury; and
(3) One member representing trauma centers that provide services for brain injured persons.
The members shall serve without compensation but shall be reimbursed for actual expenses, including travel expenses, that are necessary for the performance of their duties. [L 1997, c 333, §2; am L 2002, c 160, §12]
Note
Concussion educational program under department of education. L 2012, c 197; L 2016, c 262.
Cross References
Neurotrauma advisory board, see §321H-3.
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-29.5 Testing laboratory; diseases; air and water quality.

§321-29.5 Testing laboratory; diseases; air and water quality.
(a) The department shall:
(1) Establish and operate a laboratory capable of:
(A) Testing for diseases;
(B) Testing for air and water quality issues; and
(C) Conducting other high complexity testing; and
(2) Ensure that the testing laboratory complies with all applicable standards enumerated in the Clinical Laboratories Improvement Amendments of 1988, title 42 United States Code section 263a.
(b) The department may obtain and expend federal moneys for the operation of the testing laboratory established pursuant to this section. [L 2022, c 121, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-30 Human placenta.

§321-30 Human placenta.
Upon negative findings of infection or hazard after appropriate testing of the mother, the human placenta may be released by the hospital to the woman from whom it originated or to the woman's designee. The department shall establish a release form which shall stipulate appropriate measures for the safe release of human placenta. [L 2006, c 12, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-30.1 Medical cannabis registry and regulation special fund; established.

§321-30.1 Medical cannabis registry and regulation special fund; established.
(a) There is established within the state treasury the medical cannabis registry and regulation special fund. The fund shall be expended at the discretion of the director of health:
(1) To establish and regulate a system of medical cannabis dispensaries in the State;
(2) To offset the cost of the processing and issuance of patient registry identification certificates and primary caregiver registration certificates;
(3) To fund positions and operating costs authorized by the legislature;
(4) To establish and manage a secure and confidential database;
(5) To fund public education as required by section 329D-26;
(6) To fund substance abuse prevention and education programs; and
(7) For any other expenditure necessary, consistent with this chapter and chapter 329D, to implement medical cannabis registry and regulation programs.
(b) The fund shall consist of all moneys derived from fees collected pursuant to subsection (c) and section 329D-4. There is established within the medical cannabis registry and regulation special fund:
(1) A medical cannabis registry program sub-account, into which shall be deposited all fees collected pursuant to subsection (c); and
(2) A medical cannabis dispensary program sub-account, into which shall be deposited all fees collected pursuant to section 329D-4.
(c) The department, upon completion of the transfer of the medical use of cannabis program, shall charge a medical cannabis registration fee to each qualifying patient, other than a qualifying out-of-state patient, of no more than $35 per year. [L 2013, c 177, §2; am L 2015, c 241, §4; am L 2017, c 170, §2; am L 2018, c 116, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-30.2 Civil monetary penalty special fund.

§321-30.2 Civil monetary penalty special fund.
(a) There is established the civil monetary penalty special fund, to be administered by the department of health. The fund shall consist of moneys collected by the United States Department of Health and Human Services Centers for Medicare and Medicaid Services as federally imposed civil monetary penalty funds when health care facilities or agencies do not meet medicare certification requirements as determined by the department of health when it conducts medicare certification surveys and complaint investigations on health care facilities or agencies in Hawaii in accordance with section 1864 of the Social Security Act. Moneys in the fund shall be expended by the department of health as approved by the Centers for Medicare and Medicaid Services. Moneys in the fund may be used during any fiscal year for the activities carried out by the department of health as approved by the Centers for Medicare and Medicaid Services.
(b) Pursuant to federal law, civil monetary penalty special fund moneys shall not be subject to deposit into the general fund for any reason.
(c) The department of health shall submit a report to the legislature concerning the status of the civil monetary penalty special fund, including the amount of moneys deposited into and expended from the civil monetary penalty special fund, and the sources of receipts and uses of expenditures, no later than twenty days prior to the convening of each regular session. [L 2015, c 71, §1; am L 2020, c 10, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-30.3 Default beverages offered with children's meals.

§321-30.3 Default beverages offered with children's meals.
(a) A restaurant that offers for sale a children's meal that includes a beverage shall offer with the children's meal as a default beverage one or more of the following:
(1) Water, sparkling water, or flavored water, with no added sugar, corn syrup, or other natural or artificial sweeteners;
(2) Unflavored nonfat or low-fat (one per cent) dairy milk or non-dairy beverage that is nutritionally equivalent to fluid milk in a serving size of eight ounces or less; or
(3) One hundred per cent fruit juice or vegetable juice, or fruit juice or vegetable juice combined with water or carbonated water, with no added natural or artificial sweetener, in a serving size of eight ounces or less.
(b) Nothing in this section shall prohibit a restaurant from selling, or a customer from purchasing, an alternative to the default beverage if requested by the purchaser of the children's meal.
(c) The department of health shall adopt rules pursuant to chapter 91 to implement this section.
(d) As used in this section, unless the context clearly indicates otherwise:
"Children's meal" means a combination of food and a beverage, sold together at a single price by a restaurant, primarily intended for consumption by children.
"Default beverage" means a beverage automatically included or offered as part of a children's meal, absent a specific request for a substitute or alternate beverage by the purchaser of the children's meal.
"One hundred per cent fruit juice or vegetable juice" means any liquid consisting of one hundred per cent fruit juice or vegetable juice with no added sugar, corn syrup, or caloric sweetener.
"Restaurant" means a food establishment that serves food to customers for consumption on or off the premises, including fast-food and full-service dining establishments. "Restaurant" includes but is not limited to drive-through or walk-up counters, coffee shops, cafes, pizza parlors, food stands, movie theater concession stands, and dine-in establishments. For purposes of this definition, a restaurant may provide alcoholic beverage sales for drinking on premises; provided that such sales are ancillary to food service. [L 2019, c 138, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-30.5 Prohibition of plastic microbeads; personal care products; non-prescription drugs

§321-30.5 Prohibition of plastic microbeads; personal care products; non-prescription drugs
. (a) Beginning July 1, 2022, no person shall manufacture in the State a personal care product, except for a non-prescription drug, that contains plastic microbeads.
(b) Beginning July 1, 2023, no person shall:
(1) Sell or offer for sale in the State a personal care product, except for a non-prescription drug, that contains plastic microbeads; or
(2) Manufacture in the State a non-prescription drug that contains plastic microbeads.
(c) Beginning July 1, 2024, no person shall sell or offer for sale in the State a non-prescription drug that contains plastic microbeads.
(d) Nothing in this section shall be construed to apply to any rinse-off cosmetic or rinse-off cosmetic that is also a non-prescription drug as regulated pursuant to the federal Microbead-Free Waters Act of 2015, Public Law 114-114.
(e) As used in this section:
"Personal care product" means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing; beautifying; promoting hygiene or attractiveness; or altering one's appearance; and any article intended for use as a component of the article. "Personal care product" does not include any prescription drug.
"Plastic microbead" means a solid plastic particle that is less than five millimeters in size and that is intended to be used to exfoliate or cleanse the human body or any part thereof. [L 2022, c 156, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-31 Functions of the department.

§321-31 Functions of the department.
The powers, duties, and functions of the department of health relating to preventive medicine shall be as follows:
(1) To supervise and coordinate activities in the fields of preventive medicine, including cancer control, crippled children, epidemiology, geriatrics, laboratories, maternal and child health, mental hygiene, nutrition, and communicable diseases;
(2) To formulate and put into effect throughout the State educational programs for the purposes of preventing and reducing disease and disability;
(3) To engage in the collection and analysis of statistical information pertinent to any of its activities;
(4) To cooperate with and propose methods and programs to other governmental agencies relating to the fields of preventive medicine;
(5) To serve as the coordinating agency for programs which provide for a range of child abuse and neglect prevention services in relation to assessed needs, regardless of whether the programs are conducted by the department, other government agencies, or private organizations and to coordinate the prevention programs with child abuse and neglect treatment services; provided that this paragraph shall not be interpreted to compel a specified level of services; and
(6) To perform such other appropriate functions as may be required. [L 1951, c 42, pt of §1; RL 1955, §46-29; am L Sp 1959 2d, c 1, §19; HRS §321-31; am L 1984, c 212, §3; am L 1990, c 143, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 321. Department of Health › 321-32 Epidemiological specialists.

§321-32 Epidemiological specialists.
Notwithstanding any other law to the contrary, epidemiological specialists may perform blood collection by venipuncture or capillary puncture and other methods of specimen collection, excluding catheterization, when employed by or acting as an agent of the department and when done under the direct or indirect supervision of a physician or osteopathic physician licensed pursuant to chapter 453. [L 1990, c 143, §1; am L 2009, c 11, §33]