reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 11-114-3 - Severability

Current through June, 2024
Should any section, paragraph, sentence, clause, phrase,
					 or application of this chapter be declared unconstitutional or invalid for any
					 reason, the remainder of this chapter will not be affected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-5 - Instrument approvals

Current through June, 2024
(a) Breath alcohol
				  tests shall be performed using a model of:
(1) Breath alcohol testing
				  instrument;
(2) Breath alcohol
				  testing instrument accessories; and
(3) Accuracy verification device which are
				  approved by the DUI coordinator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-6 - Procedure approvals and measurement requirements

Current through June, 2024
(a) Except as provided in subsection (c),
				  every breath alcohol testing procedure shall be approved by the DUI coordinator
				  in writing and shall include, but not be limited to:
(1) Performance of an accuracy verification
				  test with each breath alcohol test, using an approved accuracy verification
				  device; and
(2) Inclusion of an air
				  blank before and after each breath test.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-7 - Accuracy tests

Current through June, 2024
(a) Every accuracy
				  test procedure shall be approved by the DUI coordinator in writing and shall
				  include, but not be limited to the following requirements:
(1) The test shall be conducted by a
				  supervisor;
(2) At least two
				  different reference samples and an air blank shall be run with each accuracy
				  test;
(3) Reference samples shall
				  be chosen so that their target values are not less than 0.04gm alcohol /210
				  liters and not greater than 0.25gm alcohol /210 liters;
(4) Reference sample target values shall
				  differ from each other by at least 0.04gm alcohol /210 liters;
(5) Reference sample test results which vary
				  from the target value by more than plus or minus 0.01gm alcohol /210 liters or
				  plus or minus ten percent, whichever is greater, shall be cause for the breath
				  alcohol testing instrument used to be removed from service until the fault has
				  been corrected; and
(6) An accuracy
				  test shall be performed on an operating instrument at intervals not to exceed
				  thirty-one days.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-8 - Maintenance of instruments

Current through June, 2024
Maintenance and repair of breath alcohol testing
					 instruments shall be the responsibility of the agency using the instruments and
					 shall not be at the expense of the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-9 - Supervisors

Current through June, 2024
(a) Supervisors of breath alcohol testing
				  instruments shall be responsible for:
(1) The
				  care of breath alcohol testing instruments;
(2) Insuring that instruments are
				  maintained;
(3) Performing accuracy
				  tests required by section
				  11-114-7;
(4) Performing or supervising, or both,
				  breath alcohol tests;
(5) Reporting
				  results of alcohol breath tests to appropriate governmental agencies as
				  required by section
				  11-114-11;
(6) Keeping records as required by section
				  11-114-12;
(7) Training of operators when required;
				  and
(8) Insuring that the operators
				  and instruments in the supervisor's charge adhere to the provisions of this
				  subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-10 - Operators

Current through June, 2024
(a) Operators of breath alcohol testing
				  instruments shall be responsible for performing breath alcohol tests pursuant
				  to section
				  11-114-6
				  and record keeping pursuant to section
				  11-114-12(b)
				  (1).
(b) No person shall serve as
				  an operator unless the person has a valid supervisor's license pursuant to
				  section
				  11-114-9(b),
				  or has a valid operator's license issued by the chief of police.
(c) An operator may only practice in the
				  jurisdiction designated on the license.
(d) An operator's license shall be effective
				  for three years from the date of issuance unless revoked by the chief of
				  police.
(e) Training programs for
				  operators shall:
(1) Be conducted by the
				  chief of police, the chief's representative(s) or, with the chief's approval,
				  by a representative(s) of the manufacturer of the breath alcohol testing
				  instrument;
(2) Consist of a
				  minimum of four hours; and
(3) Be
				  approved in writing by the DUI coordinator except as provided in subsection
				  (h)(1).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-11 - Reporting of results

Current through June, 2024
Results of breath alcohol tests when required shall be
					 submitted to the appropriate governmental agency or agencies.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-12 - Records

Current through June, 2024
(a) Records shall be kept and maintained at
				  the direction of a supervisor.
(b)
				  Records shall include information on:
(1)
				  Each breath alcohol test conducted;
(2) Accuracy tests; and
(3) Maintenance and repair of instruments
				  used in the testing of breath for alcohol.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-13 - Surveys of breath alcohol testing locations

Current through June, 2024
(a) The
				  DUI coordinator may conduct on-site surveys of breath alcohol testing
				  locations.
(b) Written reports of
				  surveys shall be sent by the DUI coordinator to the chief of police.
(c) At no cost to the department, law
				  enforcement jurisdictions in the State shall accept and test evaluation samples
				  which the DUI coordinator may provide.
(d) Results of these tests shall be promptly
				  submitted to the DUI coordinator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-14 - Supervisor and operator licenses

Current through June, 2024
(a) The DUI
				  coordinator or chief of police may issue supervisor licenses or
				  renewals.
(b) The chief of police
				  may issue operator licenses or renewals.
(c) The chief of police should submit to the
				  DUI coordinator in June of each year a roster of supervisors and operators,
				  instrument(s) on which the individuals are licensed, and expiration dates for
				  each supervisor or operator license.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-15 - Revocation or suspension of supervisor or operator licenses

Current through June, 2024
(a) A written notice of license revocation
				  shall be issued by the DUI coordinator or the chief of police, whichever issued
				  the license, to any supervisor or operator who:
(1) Obtains the license by
				  deception;
(2) Falsifies breath
				  alcohol test data or records; or
(3) Is no longer a member of a law
				  enforcement agency within the State.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-17 - Definitions

Current through June, 2024
As used in this subchapter:
"Alcohol" means ethyl alcohol.
"Alcohol testing supervisor" means a person who supervises
					 alcohol analysts and meets the requirements of section
					 11-114-19.
"Alcohol analyst" means a person who performs alcohol
					 tests of blood or other bodily substances and meets the requirements of section
					 11-114-20.
"Alcohol concentration" means grams of alcohol per one
					 hundred milliliters or cubic centimeters of blood, or terminology established
					 by appropriate statute.
"Alcohol test" means a test to measure a person's blood or
					 other bodily substance for alcohol concentration which is conducted for
					 forensic alcohol testing purposes and adheres to the criteria of this
					 subchapter.
"Blood" means whole blood.
"Department" means the state department of health.
"Director of health" means the director of the state
					 department of health or the director's representative(s). For purposes of this
					 chapter this includes the DUI coordinator.
"DUI coordinator" means the director of health or the
					 individual(s) authorized by the director of health to represent the director of
					 health in matters pertaining to this chapter.
"License" means a document issued by the department to a
					 laboratory to perform alcohol tests.
"Other bodily substances" means a bodily sample other than
					 blood or breath, such as urine, gastro-intestinal contents, and tissues.
"Performance evaluation sample" means an
					 alcohol-containing blood sample which is tested to assess the performance of
					 the laboratory by comparison of the result with the target value.
"Reference sample" means a sample of known alcohol
					 composition which can be used to determine the accuracy of an alcohol test
					 instrument or procedure.
"Systematic error" means the difference between the mean
					 of measured values and the target value; the difference may be expressed as per
					 cent of the target value.
"Target value" means the result which should be obtained
					 when a performance evaluation sample or reference sample is used in an
					 appropriate testing procedure.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-18 - Laboratories

Current through June, 2024
(a) With the exception of the provisions in
				  section 286-153, HRS, no laboratory shall perform alcohol tests pursuant to
				  this subchapter without an alcohol testing laboratory license issued by the
				  director of health.
(b) A
				  laboratory may qualify for and maintain a license to conduct alcohol testing if
				  the director of health determines that the laboratory has met all of the
				  following requirements:
(1) Is physically
				  located in this State;
(2) Is
				  licensed by the department as a clinical laboratory;
(3) Has adequate facilities, personnel,
				  equipment, and instrumentation;
(4)
				  Includes in its staff an alcohol testing supervisor who is qualified under
				  section
				  11-114-19;
(5) Uses alcohol testing procedures approved
				  in writing by the DUI coordinator or previously approved by the director of
				  health as required by section
				  11-114-22
				  and demonstrates proficiency in those procedures;
(6) Has a quality assurance program approved
				  in writing by the DUI coordinator which includes a chain of custody procedure;
				  and
(7) Participates in and meets
				  the requirements of a performance evaluation program for alcohol testing
				  approved in writing by the DUI coordinator as required by section
				  11-114-21
				  at no cost to the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-19 - Alcohol testing supervisors

Current through June, 2024
(a) The alcohol
				  testing supervisor shall:
(1) Be responsible
				  for the validity of all alcohol tests conducted by the laboratory;
(2) Oversee maintenance and repair of
				  instruments and related accessories;
(3) Ensure that only properly qualified
				  alcohol analysts conduct alcohol tests;
(4) Ensure that required records are
				  kept;
(5) Closely oversee alcohol
				  testing operations in the laboratory; and
(6) Ensure that the laboratory conforms to
				  the requirements of this subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-20 - Alcohol analysts

Current through June, 2024
(a) Alcohol
				  analysts shall:
(1) Perform alcohol testing
				  of blood and other bodily substances;
(2) Use testing procedures approved by the
				  department; and
(3) Keep records
				  required by the alcohol testing supervisor.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-21 - Performance evaluation samples

Current through June, 2024
(a) At no cost to
				  the department, each laboratory licensed to perform alcohol testing shall
				  participate in a performance evaluation program for alcohol testing which is
				  approved in writing by the DUI coordinator.
(b) The testing procedure used to test the
				  performance evaluation samples shall meet the requirements of section
				  11-114-22.
(c) For each twelve-month period starting
				  from the laboratory license issue date, the results of a minimum of ten
				  performance evaluation samples tested shall be within plus or minus 0.01 grams
				  alcohol/100 milliliters, or plus or minus ten per cent, whichever is greater,
				  of the target value of each sample.
(d) Results of tests of performance
				  evaluation samples and the corresponding target values should be sent to the
				  DUI coordinator by the alcohol testing supervisor yearly.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-22 - Testing procedure approvals

Current through June, 2024
(a) Except as
				  provided in subsection (f), only those blood alcohol testing procedures which
				  have been approved in writing by the DUI coordinator shall be used.
(b) For each blood alcohol testing procedure
				  for which approval is requested the alcohol testing supervisor shall submit to
				  the DUI coordinator for written approval:
(1)
				  A detailed description of the laboratory's blood alcohol testing
				  procedure;
(2) The laboratory's
				  procedural validation data pursuant to subsection (c); and
(3) Pertinent documentation such as
				  scientific literature and manufacturer's specifications.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-23 - Sample collection procedures

Current through June, 2024
(a) The following
				  safeguards shall be observed in the collection of a blood sample from a living
				  individual for determination of its alcohol content:
(1) Blood shall be drawn only by a qualified
				  person as specified in section 286-152, HRS.
(2) The area of puncture for the drawing of
				  blood shall be thoroughly cleansed and disinfected with a non-alcoholic aqueous
				  solution of non-volatile antiseptic such as benzalkonium chloride or
				  povidone-iodine.
(3) Blood shall be
				  drawn with an unused sterile dry needle. It may be collected into a evacuated
				  specimen tube or withdrawn with a syringe and deposited into a clean, dry
				  container. The container should contain an amount of anticoagulant and
				  preservative approved by the DUI coordinator in writing. An example of an
				  acceptable tube is a five ml draw glycolytic inhibition tube which contains
				  about 10 mg potassium oxalate and about 12.5 mg sodium fluoride. Two containers
				  of at least five ml each should be drawn, if possible. The container(s) shall
				  be capped or stoppered and sealed.
(4) Reusable equipment, if employed, shall
				  not be cleaned with alcohol or kept in alcohol or other volatile organic
				  solvent.
(5) Each specimen shall be
				  accompanied by the following information:
(A)
				  Name of person from whom the blood was drawn;
(B) Date and time the blood sample was
				  collected; and
(C) Name of person
				  drawing blood.
(6) Each
				  specimen should be accompanied by the following information:
(A) Area of puncture from which the sample
				  was drawn;
(B) Name and amount of
				  preservative and anticoagulant, if any; and
(C) Name of witnessing officer.
(7) A chain of custody shall be
				  maintained.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-24 - Testing of samples

Current through June, 2024
(a) With each batch
				  of samples, the alcohol analyst shall use appropriate reference samples as
				  specified in the procedure approved by the DUI coordinator in writing for that
				  laboratory.
(b) A copy of the
				  written procedure shall be accessible to the alcohol analyst performing the
				  test.
(c) Samples should be tested
				  within one week of receipt by the laboratory.
(d) The remaining portion of the sample shall
				  be refrigerated or frozen and retained for one year from the date of
				  collection.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-25 - Reporting of results

Current through June, 2024
Results of blood or other bodily substance alcohol tests,
					 when required, shall be submitted to the appropriate governmental agency or
					 agencies.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-26 - Records

Current through June, 2024
(a) Records shall be kept and maintained at
				  the direction of the alcohol testing supervisor. Records shall include
				  information on:
(1) Each blood test
				  conducted;
(2) Maintenance, or
				  repair, or both of instruments used in the testing of blood or other bodily
				  substances for alcohol; and
(3)
				  Results of laboratory performance evaluation programs.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-27 - Laboratory surveys

Current through June, 2024
(a) The DUI
				  coordinator may conduct on-site surveys of licensed laboratories. Written
				  reports of surveys shall be sent by the DUI coordinator to the alcohol testing
				  supervisor.
(b) At no cost to the
				  department, laboratories shall accept and test performance evaluation samples
				  which the DUI coordinator may provide. Test results shall be submitted to the
				  DUI coordinator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-28 - Laboratory licenses

Current through June, 2024
(a) The director of
				  health may issue alcohol testing laboratory licenses or renewals.
(b) License issuance is contingent upon
				  compliance by the laboratory with the provisions of section
				  11-114-18.
(c) An alcohol testing supervisor shall
				  submit in writing a request to the director of health for a laboratory license
				  to perform alcohol testing.
(d) The
				  alcohol testing license of a laboratory may be renewed upon written request
				  from the alcohol testing supervisor. The director of health should receive the
				  request at least two months before the expiration of the current
				  license.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-29 - Revocation or suspension of laboratory licenses

Current through June, 2024
(a) The
				  director of health shall issue a written notice of revocation of the alcohol
				  testing license of any laboratory which:
(1)
				  Obtains the license falsely or deceitfully;
(2) Falsifies alcohol test data or
				  records;
(3) Is no longer in
				  operation;
(4) Has no qualified
				  clinical laboratory director;
(5)
				  Has no qualified alcohol testing supervisor;
(6) Is no longer licensed as a clinical
				  laboratory by the department; or
(7) Meets the stipulation of subsection (c)
				  when issued a notice of alert or suspension.
The notice shall list the specific reason(s) for the
					 revocation and shall specify a schedule of corrective action, if the director
					 of health determines that a schedule of corrective action is
					 appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 3 - TESTING OF BLOOD AND OTHER BODILY SUBSTANCES › Section 11-114-30 - Reinstatement of laboratory licenses

Current through June, 2024
(a) A laboratory
				  may file a letter requesting reinstatement with the director of health within
				  twenty days of receipt of a notice of license suspension or
				  revocation.
(b) Should no letter
				  requesting reinstatement be filed with the director of health within twenty
				  days of the receipt by a laboratory of a notice of suspension or revocation,
				  the decision of the director of health shall be final.
(c) If a laboratory files a letter requesting
				  reinstatement within twenty days of receipt of a notice of license suspension
				  or revocation, the laboratory director shall have a right to an administrative
				  hearing in accordance with chapter 91, HRS.
(d) A laboratory may be issued a provisional
				  license pending the decision of the hearing. A provisional license shall be
				  effective no longer than one hundred eighty days or until the hearing is
				  completed, whichever occurs first.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-2 - Permit required for disinterment

Current through June, 2024
(a) Subject to
				section 11-118-3, a disinterment permit is required for the disinterment or
				disturbance of remains from a place of burial for all purposes, including:
(1) Removing or disturbing and reinterring
				the same remains in the same location;
(2) Interring additional remains, including
				cremated remains, in a place of burial;
(3) Removing to cremate or otherwise dispose
				of the remains pursuant to a disposition permit;
(4) Removing the remains to inter the remains
				in another location pursuant to a disposition permit;
(5) Removing unknown or unidentified remains
				for the purpose of identifying the remains (e.g., unknown or unidentified armed
				forces members);
(6) Temporarily
				removing remains to repair or renovate cemetery property or other place of
				burial;
(7) Removing or relocating
				remains after damage or threatened damage to a place of burial due to
				hurricanes, floods, natural disasters, or other unexpected occurrence; provided
				that the landowner, including the owner of a cemetery or the owner's
				representative, notifies the department of the damage or threatened damage as
				soon as possible after the occurrence and applies for a disinterment permit;
				and
(8) Any other reason, subject
				to the approval of the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-3 - Authority to permit disinterment is limited

Current through June, 2024
(a) The
				state registrar shall not issue a disinterment permit for remains that appear
				to be over fifty years old which are discovered or are known to be buried at
				any place of burial other than a known, maintained, actively used cemetery
				unless the applicant for the disinterment permit is otherwise eligible to
				obtain a disinterment permit pursuant to section 11-118-4.
(b) The state registrar may issue a
				disinterment permit for remains that are inadvertently discovered, so long as
				the department has jurisdiction over the remains and provided that immediately
				upon the exposure, disturbance, or removal, the disinterment stops, the
				department is notified, and an application for a disinterment permit is
				submitted.
(c) The department shall
				not grant permission to disinter remains that are not subject to this chapter,
				within the jurisdiction of law enforcement, or within the jurisdiction of the
				department of land and natural resources without a court order.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-4 - Eligibility for a permit

Current through June, 2024
(a) Individuals
				eligible to apply for a disinterment permit include:
(1) A survivor of the decedent in the
				following priority order:
(A) Spouse or
				reciprocal beneficiary;
(B) Child
				eighteen years of age or older, or if more than one child, a majority of the
				children eighteen years of age or older;
(C) Parent(s);
(D) Sibling eighteen years of age or older,
				or if more than one sibling, a majority of the siblings eighteen years of age
				or older;
(E) Grandparent, or if
				more than one grandparent, a majority of the grandparents; and
(F) Grandchild eighteen years of age or
				older, or if more than one grandchild, a majority of the grandchildren eighteen
				years of age or older;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-5 - How to apply for a disinterment permit

Current through June, 2024
(a) An applicant
				for a disinterment permit shall use the services of a mortuary or cemetery to
				submit an application for a disinterment permit to the state registrar on a
				form and in a manner approved by the state registrar. An owner of a family
				burial plot is not considered a cemetery or a mortuary.
(b) On behalf of an applicant, a mortuary or
				cemetery shall submit an application for a disinterment permit to the state
				registrar on a form approved by the state registrar through the electronic
				disinterment application and permit system or other approved method, provided
				that the mortuary or cemetery is in compliance with all applicable requirements
				of chapter
				441, HRS, chapter
				11-22, Hawaii Administrative Rules,
				and any other applicable laws, and has been trained and registered to
				participate in the electronic disinterment application and permit system, as
				determined by the state registrar.
(c) A mortuary or a cemetery in compliance
				with all applicable requirements of chapter
				441, HRS, chapter
				11-22, Hawaii Administrative Rules,
				and any other applicable laws may apply for a disinterment permit using the
				services of a mortuary authority or a cemetery authority with which it has a
				documented business relationship, so long as the mortuary authority or cemetery
				authority has been trained and registered to participate in the electronic
				disinterment application and permit system, as determined by the state
				registrar.
(d) An authorized
				representative of the United States Department of Defense seeking a permit to
				disinter the remains of an unknown or unidentified armed forces service member
				shall submit an application for a disinterment permit pursuant to section
				11-118-13.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-6 - Registration and training for the electronic disinterment application and permit system; revocation of registration

Current through June, 2024
(a) Approval to use
				the electronic disinterment application and permit system shall be granted to a
				mortuary, mortuary authority, cemetery, or cemetery authority that:
(1) Applies to use the electronic
				disinterment application and permit system on a form and in a manner approved
				by the department;
(2) Submits a
				signed user agreement to the department to register for access to the
				electronic disinterment application and permit system;
(3) Meets the requirements of section
				11-118-5; and
(4) Completes online,
				telephone, and/or face-to-face training as required and provided by the
				department on how to apply for and obtain a disinterment permit using the
				electronic disinterment application and permit system.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-7 - Disinterment permit application

Current through June, 2024
(a) An application
				for a disinterment permit shall include the following information, if known. If
				it is unknown, indicate "Unknown" or give the best approximation on the
				application.
(1) Decedent's full
				name;
(2) Date of death;
(3) Place of death;
(4) Decedent's date of birth or age at the
				time of death;
(5) Decedent's
				sex;
(6) Decedent's race or
				ethnicity;
(7) Name of the
				applicant;
(8) Relationship of the
				applicant to the decedent;
(9)
				Current location of the remains;
(10) Intended disposition of the remains,
				including:
(A) Place of burial or other place
				where the remains will be reinterred or transferred;
(B) If the remains are to be cremated, the
				name of the crematory and the place where the cremated remains are to be kept
				or sent.
(11) Name of
				the person from the mortuary, mortuary authority, cemetery, or cemetery
				authority authorized to take charge of the remains upon their
				disinterment;
(12) Name of the
				mortuary, mortuary authority, cemetery, or cemetery authority submitting the
				application on behalf of the applicant;
(13) Name of the mortuary, mortuary
				authority, cemetery, cemetery authority, or other entity that will disinter the
				remains;
(14) Other information
				requested by the state registrar, if known, including:
(A) Decedent's spouse's name, if
				applicable;
(B) Decedent's father's
				name;
(C) Decedent's mother's full
				name prior to first marriage; and
(D) Cause of death.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-8 - Issuance of disinterment permit

Current through June, 2024
(a) Upon the
				electronic submission of an application for a disinterment permit to the
				department, the department may approve or deny the application. Approval is
				subject to the following:
(1) The remains
				shall be under the department's jurisdiction pursuant to sections 11-118-2 and
				11-118-3;
(2) The applicant shall
				be eligible to apply for a disinterment permit pursuant to section 11-118-4;
				and
(3) All requirements of this
				chapter shall be met.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-9 - Permit denial, validity, revocation

Current through June, 2024
(a) The state
				registrar shall deny a disinterment permit when:
(1) An applicant submits a substantially
				incomplete application;
(2) An
				applicant is not eligible to apply for a disinterment permit;
(3) The remains are under the jurisdiction of
				the department of land and natural resources or some other legal
				entity;
(4) Disinterment would be
				against the interest of the public health; or
(5) The requirements of this chapter are not
				met.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-10 - Fees

Current through June, 2024
(a) The fee to apply for a disinterment
				permit is $7.50 for each set of remains and is due with the application, except
				as otherwise provided by law or in section 11-118-13.
(b) Fees are not transferable or refundable,
				even if an application is denied.
(c) Value added electronic services provided
				through the portal manager may incur a separate fee, pursuant to section
				27G-2, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-11 - Requirements for disinterment and filing of permit after disinterment

Current through June, 2024
(a) After receiving a permit to disinter from
				the state registrar, the mortuary, mortuary authority, cemetery, or cemetery
				authority that submitted the application for disinterment on behalf of an
				applicant shall determine that the disposition of the remains is consistent
				with the intended disposition stated in the application for the disinterment
				permit.
(b) The mortuary, mortuary
				authority, cemetery, or cemetery authority shall electronically transmit the
				date the disinterment occurred to the state registrar no later than seven days
				after the date of the disinterment of the remains and shall report any
				discrepancies between the intended disposition and the actual
				disposition.
(c) The department may
				revoke its approval to use the electronic disinterment application and permit
				system by any mortuary, mortuary authority, cemetery, or cemetery authority
				that fails to comply with this section.
(d) Any discrepancy between the intended
				disposition of the remains and the actual disposition of the remains may
				subject the applicant to penalties pursuant to section 11-118-12.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-12 - Penalties

Current through June, 2024
(a) Any person who exposes, disturbs, or
				removes any remains from a place of burial without a disinterment permit is
				subject to a fine of not more than $100, or such higher amount as is authorized
				by law; provided that an inadvertent exposure, disturbance, or removal of
				remains is not a violation of this section, so long as the person who
				inadvertently exposes, disturbs, or removes any remains from a place of burial
				complies with this chapter.
(b) Any
				person who presents false information in order to obtain a disinterment permit
				for which the person is not eligible is subject to a fine of not more than
				$100, or such higher amount as is authorized by law.
(c) Any person who disposes of remains in a
				manner inconsistent with a disinterment permit is subject to a fine of not more
				than $100, or such higher amount as is authorized by law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-13 - Exception for permit to disinter remains of unknown or unidentified armed forces members

Current through June, 2024
(a) An application
				for the disinterment of remains of unknown or unidentified armed forces members
				is subject to the requirements of this chapter, unless otherwise provided in
				this section, and shall be made by the United States Department of
				Defense.
(b) The United States
				Department of Defense shall submit an application for a disinterment permit to
				the state registrar on a form approved by the state registrar through the
				electronic disinterment application and permit system or other approved
				method.
(c) The state registrar
				shall accept an application from the United States Department of Defense
				without an application fee.
(d) The
				United States Department of Defense shall provide legal documentation of its
				relationship to the deceased and other information required on the
				application.
(e) The United States
				Department of Defense shall provide documentation to substantiate that it has
				the authority to disinter the remains.
(f) The United States Department of Defense
				shall submit the documentation with the application by uploading copies of the
				documents in the electronic disinterment application and permit system and keep
				the originals for two years after the date of disinterment.
(g) To disinter a single set of unknown or
				unidentified remains, an application shall include the following information,
				if known. If it is unknown, indicate "Unknown" or give the best approximation
				on the application.
(1) Decedent's full
				name;
(2) Date of death;
(3) Place of death;
(4) Decedent's date of birth or age at the
				time of death;
(5) Decedent's s
				ex;
(6) Decedent's race or
				ethnicity;
(7) Name of the United
				States Department of Defense agency making the application;
(8) Relationship of the United States
				Department of Defense agency to the decedent;
(9) Current location of the
				remains;
(10) Intended disposition
				of the remains, including:
(A) Place of burial
				or other place where the remains will be reinterred or transferred;
(B) If the remains are to be cremated, the
				name of the crematory and the place where the cremated remains are to be kept
				or sent.
(11) Name of
				the designated United States Department of Defense agency staff authorized to
				take charge of the remains upon their disinterment;
(12) Name of the person from the United
				States Department of Defense who is authorized to initiate disinterment, with a
				citation to or copy of the law or other documentation that establishes the
				authority; and
(13) Other
				information requested by the state registrar, if known, including:
(A) Decedent's spouse's name, if
				applicable;
(B) Decedent's father's
				name;
(C) Decedent's mother's full
				name prior to first marriage; and
(D) Cause of death.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-14 - Permit to disinter unidentified remains, other than armed forces members, from a known place of burial

Current through June, 2024
(a) If an applicant
				seeks to disinter one or more sets of unidentified remains that are known to be
				or are discovered to be in a known place of burial, the applicant shall contact
				the department of land and natural resources for a determination of whether the
				remains are under the jurisdiction of the department of land and natural
				resources. If the department of land and natural resources determines it does
				not have jurisdiction over the remains, the applicant shall obtain a written
				statement from the department of land and natural resources that it does not
				have jurisdiction over the remains, and may proceed to request a permit from
				the department, as follows:
(b) The
				applicant shall submit the following to the department;
(1) A written statement from the department
				of land and natural resources that it does not have jurisdiction over the
				remains;
(2) Documentation that the
				property owner knows about the remains and has authorized
				disinterment;
(3) An application
				that includes all of the information required by section 11-118-7, to the
				extent that the information is known;
(4) Documented attempts to determine the
				identity of the remains;
(5)
				Documented attempts to notify the next of kin of the remains, including but not
				limited to published notice in a newspaper(s) of Statewide
				distribution;
(6) An estimate of
				how many sets of remains are located in the burial place;
(7) A plan for disposition of the remains,
				once disinterred; and
(8) Any other
				information requested by the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 118 - DISINTERMENT PERMITS › Section 11-118-15 - Miscellaneous

Current through June, 2024
(a) This chapter shall not apply where a
				court in the circuit where the remains are located has issued an order allowing
				for the disinterment of remains.
(b) The department may issue a disinterment
				permit retroactively in the case of extenuating circumstances, such as a
				natural disaster, or when an inadvertent exposure, disturbance, or removal has
				occurred.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 120 - FOREIGN BORN PERSON ADOPTED IN HAWAII › Section 11-120-2 - Application for Hawaii certificate of foreign birth

Current through June, 2024
(a) An application by a legal parent or an
				adult adoptee shall be filed with the state registrar of vital statistics
				before a new certificate of birth entitled a "Hawaii Certificate of Foreign
				Birth" is issued.
(b) Application
				forms shall be provided by the department of health.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 120 - FOREIGN BORN PERSON ADOPTED IN HAWAII › Section 11-120-3 - Application requirements

Current through June, 2024
(a) The applicant
				shall provide the following information:
(1)
				Full name at birth or prior to the adoption;
(2) Sex;
(3) Color or race;
(4) Date of birth (if unknown, this shall be
				approximated);
(5) Place of birth
				(true or probable country of birth);
(6) New name as set forth in adoption
				decree;
(7) Full name of natural
				father, if known;
(8) Full maiden
				name of natural mother, if known;
(9) Full name of legal father and full maiden
				name of legal mother;
(10) Date of
				birth of each legal parent;
(11)
				Place of birth of each legal parent;
(12) Race of each legal parent;
(13) Mailing address of legal
				parents;
(14) Date on which legal
				parents assumed custody; and
(15)
				Date the decree of adoption became effective.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 120 - FOREIGN BORN PERSON ADOPTED IN HAWAII › Section 11-120-4 - Issuance of certificate

Current through June, 2024
Upon submission of the application as provided herein, the
				  registrar shall prepare and file the Hawaii certificate of foreign birth that
				  shall contain the following information:
(1) Information about the adopted person:
(A) Full name as set forth in the adoption
				decree;
(B) Sex;
(C) Date of birth; and
(D) Place of birth.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 123 - NAMES OF NATURAL PARENTS ON BIRTH CERTIFICATE OF ADOPTED PERSON › Section 11-123-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish procedures for
				  adoptive parents to have the names of the natural parents shown on a
				  supplementary birth certificate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 123 - NAMES OF NATURAL PARENTS ON BIRTH CERTIFICATE OF ADOPTED PERSON › Section 11-123-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context otherwise
				  requires:
"Original birth certificate" means the first birth
				  certificate prepared and filed for the adopted person at birth or before the
				  adoption.
"Supplementary birth certificate" means a new birth
				  certificate prepared by the department of health upon receipt of a certified
				  copy of an adoption decree or an abstract of it called the certificate of
				  adoption.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 123 - NAMES OF NATURAL PARENTS ON BIRTH CERTIFICATE OF ADOPTED PERSON › Section 11-123-3 - Application for inclusion of names of natural parents on supplementary birth certificate

Current through June, 2024
(a) An application
				by the adoptive parents shall be filed with the department of health before
				names of natural parents are added to a supplementary birth
				certificate.
(b) Application forms
				shall be provided by the department of health.