reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-4.4 - Interventions for disease prevention and control for Sexually Transmitted Infections (STIs)

Current through June, 2024
(a) Source and
				spread. With only very rare exception, STIs are spread by intimate body contact
				with infected individuals. To discover the source and possible spread of
				infection in every case of STI, interviewing of patients and tracing of sexual
				contacts are fundamental features of a program for control. As the period of
				communicability varies among the several diseases and can be as much as one
				year or longer and since the technique for interviewing patients and tracing of
				their sexual contacts is an exacting one, the physician is urged to utilize the
				facilities of the department to perform these epidemiologic services. Any
				person infected with an STI should either disclose to the physician or
				authorized representative of the director the name, residence, and other
				identifying characteristic of any person with whom the patient has had sexual
				contact during the time interval during which the patient had symptoms of
				disease plus the maximum incubation period possible for that disease and stage,
				or should bring those individuals forward for diagnosis and
				treatment.
(b) Prevention of
				blindness at childbirth. Any physician, midwife, or any other person in
				attendance in childbirth shall administer prophylaxis for acute infectious
				conjunctivitis of the newborn within one hour after birth. Acute infectious
				conjunctivitis of the newborn includes gonorrheal ophthalmia and ophthalmia
				neonatorum. The prophylaxis for acute infectious conjunctivitis of the newborn
				shall be one of the following:
(1) One
				percent silver nitrate in wax ampules administered without saline irrigation
				or
(2) Ophthalmic ointments
				containing tetracycline or erythromycin. Other materials may be used only with
				the written approval by the department and subject to the conditions and
				restrictions as the department may impose. The department will consider
				granting a waiver only after the physician has submitted both the reason for
				the request and appropriate justification for an effective alternative
				method.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-5 - Isolation

Current through June, 2024
(a) Any person who has been informed by the
				department, a private practitioner, or a hospital that he or she has been
				diagnosed or provisionally diagnosed with a communicable disease for which
				strict isolation is indicated in Exhibit C, shall remain in the person's
				residence or the room or ward of the hospital in which he or she is confined
				until the expiration of the prescribed period of isolation for the particular
				disease. All health care providers shall report immediately to the department
				any violation of such isolation directive.
(b) Any person who has been diagnosed or
				provisionally diagnosed with a communicable disease for which other than strict
				isolation is required in Exhibit C, shall remain isolated to the degree
				specified until the expiration of the prescribed period of isolation for that
				disease or until advised by the attending practitioner or by the department
				that the disease has reached a stage such that isolation is no longer necessary
				for the protection of the public.
(c) Any person who has been a contact of a
				person diagnosed or provisionally diagnosed with a communicable disease
				specified in Exhibit C shall comply with the restrictions specified in Exhibit
				C.
(d) People infected by the human
				immunodeficiency virus (HIV), human "T" lymphotrophic virus 1 (HTLV-1), or
				hepatitis B virus, hepatitis C virus, and other bloodborne pathogens but
				without any other intercurrent infectious disease requiring isolation, do not
				require isolation because these infections are not easily transmitted by
				respiratory or enteric routes. Standard precautions are sufficient.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-6 - Exclusion from school and group settings

Current through June, 2024
(a) When
				any student has a communicable disease for which isolation or restriction from
				school attendance is required, it shall be the responsibility of the principal
				or director in charge of the school to prohibit the student from attending
				school until the expiration of the prescribed period of isolation. If the
				attending practitioner, school practitioner or public health official finds
				upon examination that the student is free of the disease in the communicable
				state, the practitioner or official may issue a signed certificate, upon which
				the student shall be readmitted by the school authority. Students who have been
				exempted from immunization or who have not completed the required immunizations
				shall be immunized or excluded from school during a potential outbreak as
				determined by the department.
(b)
				HIV-infected students do not pose a transmission risk to others in the school
				setting and therefore shall not be excluded from the school setting based on
				their HIV status.
(c) Parents,
				guardians, custodians, or any other persons in loco parentis to any child who
				has a disease for which isolation is required shall not permit the child to
				attend school or to be present in any group settings until the expiration of
				the prescribed period of isolation or restriction for the particular
				disease.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-7.1 - Rabies

Current through June, 2024
(a) Upon report to the department that a
				person has been bitten by an animal under circumstances such that the
				possibility of transmission of rabies cannot be excluded, the director may
				order seizure of the animal in order that it may be held for observation and be
				sacrificed for the purpose of examining its brain for evidence of the presence
				of rabies virus.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-8.1 - Prenatal hepatitis B screening and treatment of newborns

Current through June, 2024
(a) Prenatal screening of pregnant women for
				hepatitis B is required. A woman infected with the hepatitis B virus should be
				counseled by her practitioner to consent to an immunization series against
				hepatitis B for her baby.
(b) The
				attending practitioner or other person permitted by law to attend pregnant
				women in the State shall submit a sample of blood from each pregnant woman to a
				licensed laboratory for appropriate serologic testing for hepatitis B. The
				department may establish procedures which practitioners may follow for ordering
				hepatitis B serologic testing of medically indigent or indigent pregnant
				women.
(c) Every practitioner
				serving as the primary attendant for a pregnant woman who is a carrier of the
				hepatitis B virus shall report to the department's perinatal hepatitis B
				program the name of the woman. The department has established appropriate
				procedures for babies born to women infected with the hepatitis B virus, and
				the department may provide the hepatitis B immune globulin and hepatitis B
				vaccine necessary for the treatment of babies born to indigent or medically
				indigent pregnant women infected with hepatitis B.
(d) Every practitioner serving as the primary
				attendant for an infant born to a woman who is a carrier of the hepatitis B
				virus shall report the following information to the department's perinatal
				hepatitis B program: the infant's name and date of birth, the mother's name and
				date of birth, the hepatitis B vaccination dates and name of manufacturer(s),
				administration date, and post-vaccination blood test records of the
				infant.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 156 - COMMUNICABLE DISEASES › Section 11-156-9 - Severability

Current through June, 2024
If any provision of this chapter, or its application to any
				  person or circumstance, is held invalid, the application of such provision to
				  other persons or circumstances, and the remainder of this chapter shall not be
				  affected thereby."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish pediatric
				  immunization recommendations and immunization and examination requirements for
				  school, post-secondary school, and child care facility attendance in the State
				  of Hawaii and to provide for the immunization of indigents and other high risk
				  individuals.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-3 - Immunization

Current through June, 2024
(a) Immunizations against certain vaccine
				preventable diseases, including minimum spacing between doses, and other
				conditions governing acceptability of immunizations, are required as set forth
				in the following exhibits:
Exhibit A, "List of Recommended and Required Vaccinations
				  (July 1, 2020)."
Exhibit B, "General Best Practice Guidelines for
				  Immunization; Best Practices Guidance of the Advisory Committee on Immunization
				  Practices (ACIP),"
(b) The
				United States Department of Health and Human Services', General Best Practice
				Guidelines for Immunization; Best Practices Guidance of the Advisory Committee
				on Immunization Practices (ACIP), attached hereto as Exhibit B, are adopted as
				the requirements in the State of Hawaii for minimum age, required spacing
				between doses, grace period, and other conditions governing the acceptability
				of immunizations. Only those sections of Exhibit B that pertain to the
				requirements of this chapter, including the specific vaccinations listed in
				Exhibit A, shall apply.
(c) The
				Exhibits are located at the end of and are made a part of this chapter. If an
				exhibit conflicts with this chapter, this chapter shall prevail. Implementation
				of the amendments to this section shall occur on July 1, 2020.
(d) The director is authorized to suspend
				temporarily or amend any portion of the immunization requirements due to
				unforeseen circumstances. The director shall notify affected schools,
				post-secondary schools, or child care facilities in writing of any suspension
				or amendment. The notification shall include details of the suspension or
				amendment, including the suspended or amended requirements, the anticipated
				duration of the suspension or amendment, and policies to be implemented during
				the suspension or amendment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-3.05 - Documentation of immunizations

Current through June, 2024
(a) Documentation
				of immunizations shall indicate the department of health or the name of the
				practitioner responsible for administering or reviewing each immunization. The
				documentation shall also bear the signature of the practitioner or the stamp or
				imprinted name of the department, the practitioner, or the licensed facility at
				which the practitioner practices.
(b) Documentation of immunizations shall
				include the complete date (recorded as month/day/year) the vaccine was
				administered. An immunization record without complete dates may be accepted for
				school, post-secondary school, or child care facility attendance if it can be
				determined that each vaccination complied with the minimum interval and age
				requirements.
(c) Documentation of
				serologic evidence of immunity may be substituted for a record of immunizations
				for certain diseases as specified by the United States Department of Health and
				Human Services', Advisory Committee on Immunization Practices in its General
				Best Practice Guidelines for Immunization, attached hereto as Exhibit B. The
				documentation shall include a laboratory report, signed by a practitioner,
				certifying that the student or child is immune to the named diseases.
(d) A signed, documented history of a
				diagnosis of varicella by a practitioner or a signed report by a practitioner
				that the practitioner has reviewed a reported history of varicella infection
				and has made a clinical judgment that the individual is immune to varicella may
				be substituted for a record of immunization with varicella vaccine.
(e) Electronic versions of the documentation
				of immunizations, documentation of serologic- evidence of immunity, and
				documentation of a history of varicella (chicken pox), including records
				maintained in the Hawaii immunization registry, are acceptable provided all
				information required by this section is recorded,
(f) Documentation of immunizations and
				evidence of immunity shall be maintained by schools, post-secondary schools,
				and child care facilities, either as a part of the student's health record,
				post-secondary school student's record, or child care facility child's record,
				or as part of an electronic record that complies with this section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-3.1 - Responsibility

Current through June, 2024
(a) Each person is responsible for his or her
				own immunizations, except that each parent, guardian, or other person who has
				care, custody, or control of a minor, protected person, or dependent is
				responsible for the immunization and examination of his or her minor, protected
				person, or dependent.
(b) Each
				school, post-secondary school, and child care facility principal or
				administrator shall ensure that his or her school or facility only admits
				students or children who comply with this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-3.2 - Tuberculosis clearance requirements

Current through June, 2024
Each student or child shall comply with the department's
				  tuberculosis rules as they apply to school, post-secondary school, and child
				  care facility attendance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-4 - Performance of immunization; records

Current through June, 2024
(a) Any
				immunization required by these rules shall be performed by a practitioner,
				other medical personnel under the direction of a practitioner, or the
				department. The manner and frequency of immunization administration shall
				conform with these rules and recognized standard medical practices.
(b) Records of any immunizations required by
				these rules that are not administered in the United States may be accepted if
				reviewed and signed or stamped by a practitioner.
(c) Documentation of any examination or
				immunization required by these rules shall be maintained by the practitioner or
				the department and shall be available for inspection and copying by the
				department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-4.1 - Immunization of indigents and other persons

Current through June, 2024
(a) The
				department shall provide for free immunization for the indigent and medically
				indigent for their protection against the diseases required by these rules. In
				this section, "indigent" and "medically indigent" have the meanings defined in
				section
				325-38,
				HRS.
(b) The department may provide
				for free immunization of high risk individuals to interrupt transmission or
				limit morbidity from communicable diseases, or to protect employees of the
				department from communicable diseases which they may encounter in the
				performance of their duties.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-5 - Exemptions

Current through June, 2024
(a) Medical exemptions from the requirements
				for specific immunizing agents shall be granted upon certification by a
				practitioner in a form or format specified by the department, that a student or
				child has a stated contraindication or precaution to a vaccine, for a specific
				period of time, in conformance with recognized standard medical practices The
				form shall be provided to the exempt person or parent or guardian Copies of the
				form shall be maintained in the student's school health record, in the
				post-secondary school student's record, or in the child care facility child's
				record Issuing practitioners shall forward a copy of the form to the department
				Reports of such forms in a format specified by the department shall also be
				submitted to the department by each school, post-secondary school, and child
				care facility.
(b) A religious
				exemption shall be granted to a student or child whose parent, custodian,
				guardian, or other person in loco parent is certifies that the person's
				religious beliefs prohibit the practice of immunization. Requests for religious
				exemptions based on objections to specific immunizing agents will not be
				granted. Students who have reached the age of majority shall apply on their own
				behalf. The certification shall be retained in the student's health record, in
				the post-secondary school student's record or in the child care facility
				child's record. Reports of such exemptions in a format specified by the
				department shall be submitted to the department by each school, post-secondary
				school, and child care facility.
(c) If at any time, the director determines
				that there is the danger or presence of an outbreak or epidemic from any of the
				communicable diseases for which immunization is required under this chapter,
				the exemption from immunization against such disease shall not be recognized,
				and inadequately immunized students or children shall be excluded from school,
				post-secondary school, or child care facilities until the director has
				determined that the presence or danger of the outbreak or epidemic no longer
				exists.
(d) After-school programs,
				family child care homes, parent cooperatives, play groups, respite programs,
				group child care homes, and drop-in child care centers are excluded from the
				requirements of this chapter. All schools and post-secondary schools that
				conduct classes and activities exclusively online or electronically via remote
				learning are excluded from the requirements of this chapter. All students and
				post-secondary students who attend classes exclusively online or electronically
				via remote learning are excluded from the requirements of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-6.1 - Health examination requirements

Current through June, 2024
(a) Each student or
				child shall present a record of his or her physical examination by a
				practitioner as specified in subsection (c) before the student or child first
				attends school or a child care facility. The examination shall occur within 12
				months before the date of first attendance at school or a child care facility
				in Hawaii. The record shall be transferred to subsequent schools and child care
				facilities attended by the student or child, and re-examination is not
				required.
(b) Pursuant to section
				302A-1159(b),
				HRS, every student entering seventh grade shall present a record of his or her
				physical examination (pre-seventh grade physical examination) by a practitioner
				performed within twelve months before the first date of attendance in the
				seventh grade.
(c) Results of the
				examination(s) shall be reported to the school or child care facility on a form
				or in a format approved by the department. The report(s) of physical
				examination(s) shall be signed by the practitioner(s) performing the
				examination(s).
(d) The report(s)
				of physical examination(s) shall be kept with the student's health record or
				child care facility child's record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-6.3 - Notice of exclusion and exclusion

Current through June, 2024
(a) If a student or
				child does not complete the required immunizations or examination within three
				months of the date of provisional attendance, the school or child care facility
				shall notify the parent or adult student by dated, written notice of exclusion
				that the student or child will be excluded from the school or child care
				facility beginning thirty calendar days after the date of the notice.
(b) Beginning on the school or business day
				thirty calendar days after the date of notice of exclusion, the school or child
				care facility shall prohibit the student or child from attending school or a
				child care facility until complete documentation covering the required
				immunizations and physical examination is provided to the school or child care
				facility.
(c) If a post-secondary
				school student does not complete the required immunizations within forty-five
				calendar days of the date of provisional attendance, the post-secondary school
				shall exclude the student from attending classes and all post-secondary school
				activities until documentation that the required immunizations have been
				obtained is provided to the post-secondary school.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-6.4 - School, post-secondary school, and child care facility reporting and records

Current through June, 2024
(a) Each school and
				child care facility shall report to the department by October 10th and January
				10th of each school year the names of all students or children who have been
				provisionally admitted, who have been excluded for failure to comply fully with
				the immunization or examination requirements in this chapter, or who have
				medical or religious exemptions. This report shall include the types of
				immunizations and dose numbers which are incomplete for each of these students
				or children and shall be in a format as specified by the department. Each
				school and child care facility is required to submit the report even if all
				students or children have met the immunization and examination
				requirements.
(b) School,
				post-secondary school, and child care facility records documenting compliance
				with this chapter shall be made available for inspection and copying by the
				department upon request.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-7 - Penalties and remedies

Current through June, 2024
Penalties and remedies for failure to comply with these rules
				  are provided in sections
				  321-18,
				  321-20,
				  325-14, and
				  325-37,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-7.1 - Suspension and revocation; exclusion

Current through June, 2024
(a) Valid
				certificates of TB clearance, immunization records, physical examination
				records, and certificates of medical or religious exemption (collectively
				"documents'') may be suspended or revoked if a preponderance of the evidence
				shows that a document contains a material inaccuracy, misrepresentation, or is
				fraudulent.
(b) A student or child
				shall be excluded from school, post-secondary school, or child care facilities
				if any document required by this chapter is suspended or revoked.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Section 11-157-8 - Severability

Current through June, 2024
If any provision of this chapter, or its application to any
				  person or circumstance, is held invalid, the application of such provision to
				  other persons or circumstances, and the remainder of this chapter, shall not be
				  affected thereby.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 157 - DEPARTMENT OF HEALTH › Exhibit C - Guide to Hawaii Post-Secondary School Immunization And Tuberculosis Examination Requirements

Current through June, 2024
Certificate of TB Examination
1.
a. A
				certificate of TB examination is required before post-secondary school
				attendance in any course of study longer than 6 months. This requirement may
				not be deferred or postponed.
b.
				The Mantoux tuberculin skin test must have been given within 12 months before
				first attending post-secondary school in Hawaii.
c. The certificate of TB examination may be
				issued by the Hawaii Department of Health or a U.S. licensed Medical Doctor
				(MD), Doctor of Osteopathy (DO), Advanced Practice Registered Nurse (APRN), or
				Physician Assistant (PA). The certificate must include:
* the dates of administration and reading of the Mantoux
				  skin test (PPD)
* the transverse diameter of induration in
				  millimeters
* the signature or stamp of the MD, DO, APRN, PA, or
				  clinic.
d. If the diameter
				of induration is 10mm or greater, a chest x-ray is also required as part of the
				TB examination. Written documentation of a negative chest x-ray must be
				provided prior to first attendance at a post-secondary school in
				Hawaii.
e. A student with written
				documentation of a past positive Mantoux tuberculin skin test (including the
				name of the practitioner or clinic administering the test, the dates of
				administration and reading and the diameter of induration) may have a chest
				x-ray performed and certificate issued without a repeat skin test.
f. A copy of the certificate must be kept in
				the student's health record at the post-secondary school.
g. A valid certificate of TB examination
				issued within 12 months prior to first attendance at a Hawaii post-secondary
				school may be used for transfer into all other post-secondary schools in
				Hawaii.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 1 - GENERAL PROVISIONS › Section 11-160-1 - Purpose

Current through June, 2024
The purpose of this chapter is to set forth rules for the
					 medical use of cannabis program pursuant to part IX of chapter
					 329, Hawaii Revised Statutes (HRS),
					 including the process for the department to approve debilitating medical
					 conditions, physician and advanced practice registered nurse requirements to
					 participate in the medical cannabis program, registration of qualifying
					 patients, primary caregivers, qualifying out-of-state patients, and caregivers
					 of qualifying out-of-state patients, monitoring and investigations,
					 administrative procedure, and confidentiality of information.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 1 - GENERAL PROVISIONS › Section 11-160-3 - Severability

Current through June, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstance is held invalid, the invalidity does not
					 affect other provisions or applications of this chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 1 - GENERAL PROVISIONS › Section 11-160-4 - Disclaimer

Current through June, 2024
Nothing in this chapter is intended to represent anything
					 about the legality of the use or possession of marijuana pursuant to federal
					 law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 2 - DEBILITATING MEDICAL CONDITIONS › Section 11-160-6 - List of debilitating medical conditions

Current through June, 2024
A qualifying patient shall have a written certification
					 from a physician or an advanced practice registered nurse for at least one of
					 the following debilitating medical conditions for the medical use of
					 cannabis:
(1) A statutorily-approved
				  medical condition pursuant to section
				  329-121, HRS;
				  or
(2) Any other medical condition
				  that is approved by the director pursuant to section
				  11-160-7.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 2 - DEBILITATING MEDICAL CONDITIONS › Section 11-160-7 - Department-approved conditions; petition process

Current through June, 2024
(a) Any physician,
				  advanced practice registered nurse, or potentially qualifying patient seeking
				  to add a medical condition to the list of debilitating medical conditions shall
				  file a written petition with the department on forms and in a manner prescribed
				  by the department. For purposes of this section, "potentially qualifying
				  patient" means a person who has been diagnosed with the medical condition for
				  which the petition is being made.
(b) The petition shall, at a minimum,
				  contain:
(1) The specific medical condition or
				  its treatment for which the petition is being made;
(2) An explanation stating the reasons why
				  the medical condition or its treatment should be added to the list of
				  qualifying debilitating medical conditions;
(3) The extent to which the medical condition
				  is generally accepted by the medical community as a valid, existing medical
				  condition;
(4) A description of the
				  symptoms and other physiological or psychological effects experienced by an
				  individual suffering from the medical condition or its treatment and the extent
				  to which these symptoms and physiological or psychological effects are
				  debilitating;
(5) If one or more
				  treatments for the medical condition, rather than the condition itself, are
				  alleged to be the cause of a person's suffering, the extent to which the
				  treatments causing suffering are generally accepted by the medical community as
				  valid treatments for the medical condition;
(6) The availability of conventional medical
				  therapies other than those that cause suffering to alleviate symptoms caused by
				  the medical condition or its treatment;
(7) The extent to which evidence supports a
				  finding that the use of cannabis alleviates symptoms caused by the medical
				  condition or its treatment;
(8) Any
				  information or studies regarding any beneficial or adverse effects from the use
				  of cannabis in patients with the medical condition; and
(9) Letters of support from physicians or
				  other licensed health care professionals knowledgeable about the medical
				  condition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 2 - DEBILITATING MEDICAL CONDITIONS › Section 11-160-8 - Department-approved conditions; removal or modification of conditions

Current through June, 2024
The director may remove or modify a department-approved
					 debilitating medical condition if the director determines, on the basis of
					 substantial credible medical and scientific evidence that in the director's
					 opinion the use of cannabis by patients who have the approved condition would
					 more likely than not result in substantial harm to the patients'
					 health.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 3 - PHYSICIAN AND ADVANCED PRACTICE REGISTERED NURSE REQUIREMENTS › Section 11-160-11 - Physician and advanced practice registered nurse requirements for issuing written certifications

Current through June, 2024
Any physician or advanced practice registered nurse issuing
					 a written certification shall:
(1)
				  Hold a current and valid Hawaii license to practice pursuant to chapter
				  453, HRS, for physicians, or section
				  457-8.5,
				  HRS, for advanced practice registered nurses, and have authority to prescribe
				  drugs;
(2) Be registered with the
				  department of public safety pursuant to section
				  329-32,
				  HRS;
(3) Have a bona fide
				  physician-patient relationship or a bona fide advanced practice registered
				  nurse-patient relationship, as applicable, with the qualifying
				  patient;
(4) Diagnose the
				  qualifying patient as having a debilitating medical condition;
(5) Be of the professional opinion that the
				  potential benefits of the medical use of cannabis would likely outweigh the
				  health risks for the qualifying patient; and
(6) Explain the potential risks and benefits
				  of the medical use of cannabis to the qualifying patient and to a parent,
				  guardian, or person having legal custody of the qualifying patient if the
				  qualifying patient is a minor or an adult lacking legal capacity.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 3 - PHYSICIAN AND ADVANCED PRACTICE REGISTERED NURSE REQUIREMENTS › Section 11-160-12 - Written certifications

Current through June, 2024
(a) An applicant
				  shall submit a written certification on a form and in a manner prescribed by
				  the department,
(b) A written
				  certification shall contain:
(1) The
				  physician's or advanced practice registered nurse's full name, office and
				  mailing addresses, electronic mail address, and telephone number;
(2) The physician's license number as issued
				  by the Hawaii medical board or the advanced practice registered nurse's license
				  number as issued by the Hawaii board of nursing;
(3) The physician's or advanced practice
				  registered nurse's controlled substances registration number as issued by the
				  department of public safety pursuant to section
				  329-32,
				  HRS;
(4) The qualifying patient's
				  full name, address, date of birth, and patient identification number;
(5) A photocopy of the qualifying patient's
				  identification document showing the patient identification number;
(6) An attestation that the physician has a
				  bona fide physician-patient relationship with the qualifying patient or that
				  the advanced practice registered nurse has a bona fide advanced practice
				  registered nurse-patient relationship with the qualifying patient;
(7) An attestation that the physician or
				  advanced practice registered nurse has made a diagnosis of a debilitating
				  medical condition for the qualifying patient;
(8) The qualifying patient's debilitating
				  medical condition;
(9) If the
				  physician or advanced practice registered nurse determines that the qualifying
				  patient's debilitating medical condition is chronic in nature, an attestation
				  of that determination and the physician's or advanced practice registered
				  nurse's recommended length of certification, which shall not be more than two
				  years;
(10) An attestation that, in
				  the physician's or the advanced practice registered nurse's professional
				  opinion, the potential benefits of the medical use of cannabis would likely
				  outweigh the health risks for the qualifying patient;
(11) An attestation that the physician or the
				  advanced practice registered nurse has explained the potential risks and
				  benefits of the medical use of cannabis to the qualifying patient and also to a
				  parent, guardian, or person having legal custody of the qualifying patient if
				  the qualifying patient is a minor or an adult lacking legal capacity;
				  and
(12) The physician's or
				  advanced practice registered nurse's signature and date.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 3 - PHYSICIAN AND ADVANCED PRACTICE REGISTERED NURSE REQUIREMENTS › Section 11-160-13 - Medical records

Current through June, 2024
(a) Physicians and
				  advanced practice registered nurses shall maintain a record-keeping system for
				  all patients for whom the physician or advanced practice registered nurse has
				  issued a written certification for the medical use of cannabis
(b) Physicians and advanced practice
				  registered nurses shall maintain records that support the decision to recommend
				  the medical use of cannabis, including records of the diagnosis and treatment
				  of the debilitating medical condition for which the medical use of cannabis is
				  recommended.
(c) Pursuant to an
				  investigation of a certifying physician or a certifying advanced practice
				  registered nurse, the physician or advanced practice registered nurse shall
				  produce and make available copies of all medical records for state and local
				  law enforcement agencies or any other relevant authority for law enforcement
				  purposes, including the investigation or prosecution of a violation of any
				  provision of this chapter or paty IX of chapter
				  329, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 4 - QUALIFYING PATIENT AND PRIMARY CAREGIVER REGISTRATION › Section 11-160-17 - Registration fees

Current through June, 2024
(a) Fees for a new
				  or renewal registration of a qualifying patient are $35 for each year of
				  registration or portion thereof
(b)
				  Fees for a replacement registration card of a qualifying patient are
				  $15
(c) Payment of registration
				  fees shall be made in a form and manner as prescribed by the
				  department.
(d) Value added
				  electronic services provided through the portal manager may incur a separate
				  fee pursuant to section
				  27G-2,
				  HRS.
(e) Registration fees and
				  value added electronic services fees are non-refundable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 4 - QUALIFYING PATIENT AND PRIMARY CAREGIVER REGISTRATION › Section 11-160-18 - Incomplete applications

Current through June, 2024
(a) If the
				  department determines that a registration application is inaccurate or
				  incomplete, the department shall notify the applicant by telephone, by
				  electronic mail, or in writing by mail and shall explain what documents or
				  information is necessary for the department to deem the application
				  complete.
(b) An applicant shall
				  have thirty days from the date of notification to submit the materials required
				  to complete the application; provided that for the purposes of this subsection,
				  "date of notification" shall mean the date the department contacted an
				  applicant by telephone or sent an electronic mail to an applicant, or three
				  days after the department mailed a letter to an applicant; provided further the
				  department may grant an extension for good cause prior to the expiration of the
				  thirty days.
(c) If the applicant
				  fails to submit the materials required to complete the application as required
				  by subsection (b), the department shall notify the applicant that the
				  incomplete application will not be processed, and the applicant may submit a
				  new application at any time with all required documents and applicable fees in
				  accordance with sections
				  11-160-16
				  and
				  11-160-17.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 4 - QUALIFYING PATIENT AND PRIMARY CAREGIVER REGISTRATION › Section 11-160-19 - Verification of information

Current through June, 2024
The department may verify information on an application and
					 accompanying documentation submitted for a qualifying patient or a primary
					 caregiver by any or all of the following methods:
(1) Contacting an applicant by telephone,
				  mail, or electronic mail, or, if proof of identity is uncertain, the department
				  may require a face-to-face meeting and the production of additional
				  identification materials;
(2)
				  Contacting the parent, guardian, or person having legal custody of a minor or
				  an adult lacking legal capacity;
(3) Contacting other state agencies to verify
				  licenses or registration as required under this chapter;
(4) Contacting the physician or advanced
				  practice registered nurse to obtain further documentation to verify that the
				  qualifying patient's medical diagnosis and medical condition meet the
				  requirements of this chapter; and
(5) Contacting any other person or agency for
				  the purpose of verifying information on the application and accompanying
				  documentation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 4 - QUALIFYING PATIENT AND PRIMARY CAREGIVER REGISTRATION › Section 11-160-20 - Time limits

Current through June, 2024
The department shall approve or deny an application for
					 registration or renewal of registration for a qualifying patient or primary
					 caregiver within thirty calendar days of receipt of an application that has
					 been deemed complete by the department or as soon thereafter as is
					 practicable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 4 - QUALIFYING PATIENT AND PRIMARY CAREGIVER REGISTRATION › Section 11-160-21 - Denial of application for registration or renewal of registration

Current through June, 2024
(a) The department may deny an application
				  for or renewal of a qualifying patient's or primary caregiver's registration
				  for any of the following reasons:
(1) Failure
				  to provide the information required in section
				  11-160-16;
(2) Failure to meet the requirements set
				  forth in this chapter or part IX of chapter
				  329, HRS, for registration;
(3) Provision of misleading, incorrect,
				  false, or fraudulent information;
(4) Revocation of registration in the
				  previous one hundred eighty days pursuant to section
				  11-160-38(a) (1),
				  (2), (3), or (4);
(5) Failure to pay all applicable fees as
				  required; or
(6) Any other ground
				  that serves the purposes of this chapter or part IX of chapter 329,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 5 - PRIMARY CAREGIVER REQUIREMENTS › Section 11-160-26 - Primary caregiver requirements

Current through June, 2024
To register with the department as the primary caregiver of
					 a qualifying patient, a person shall:
(1) Be at least eighteen years of
				  age;
(2) Not be the qualifying
				  patient or the qualifying patient's physician;
(3) Agree to undertake responsibility for
				  managing the well-being of the qualifying patient with respect to the medical
				  use of cannabis;
(4) Be a parent,
				  guardian, or person having legal custody of the qualifying patient where the
				  qualifying patient is a minor or an adult lacking legal capacity;
(5) Be responsible for the care of only one
				  qualifying patient at any given time, unless the primary caregiver is the
				  parent, guardian, or person having legal custody of more than one minor
				  qualifying patient, in which case the primary caregiver may be responsible for
				  the care of more than one minor qualifying patient at any given time; provided
				  that the primary caregiver is the parent, guardian, or person having legal
				  custody of all of the primary caregiver's minor qualifying patients;
(6) Be the only primary caregiver for the
				  qualifying patient; provided that a minor qualifying patient may have two
				  primary caregivers only where both primary caregivers are the parent, guardian,
				  or person having legal custody of the minor qualifying patient; and
(7) Be designated by the qualifying patient
				  as the qualifying patient's primary caregiver.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 5 - PRIMARY CAREGIVER REQUIREMENTS › Section 11-160-27 - Primary caregiver responsibilities

Current through June, 2024
Upon the effective date of a registration card issued by
					 the department to a primary caregiver, the primary caregiver may:
(1) Cultivate cannabis on behalf of a
				  registered qualifying patient only at the grow site and in an amount that,
				  jointly possessed between the qualifying patient and the primary caregiver,
				  does not exceed an adequate supply;
(2) Prepare cannabis for consumption by a
				  registered qualifying patient; and
(3) Administer cannabis to a registered
				  qualifying patient.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6 - REGISTRATION CARDS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 11-160-31 - Possession of registration, card; identification tags on cannabis plants

Current through June, 2024
(a) A qualifying patient or primary caregiver
				  to whom the department has issued a registration card shall carry the
				  registration card on his or her person whenever the qualifying patient or
				  primary caregiver is in possession of medical cannabis.
(b) The qualifying patient or primary
				  caregiver who has been designated to cultivate cannabis shall have a legible
				  identification tag, in a form and manner as determined by the department, on
				  each cannabis plant being cultivated for the qualifying patient.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6 - REGISTRATION CARDS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 11-160-32 - Registration card; content

Current through June, 2024
A registration card issued to a qualifying patient or
					 primary caregiver shall, at a minimum, contain:
(1) The qualifying patient's name and date of
				  birth;
(2) The primary caregiver's
				  name and date of birth;
(3) The
				  location of the grow site, if any;
(4) The registration identification
				  number;
(5) The registration card's
				  effective and expiration dates; and
(6) The signature of the qualifying patient's
				  physician; provided that the department may use an electronic
				  signature.