reglab/statecodes huggingface dataset:
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 11-160-33 - Notification of changes in information

Current through June, 2024
(a) After obtaining
				  a registration card, a qualifying patient shall notify the department, on forms
				  and in a manner prescribed by the department, within ten working days after any
				  change to the information the qualifying patient or the qualifying patient's
				  primary caregiver previously submitted to the department pursuant to section
				  11-160-16.
(b) Pursuant to a notification of change, the
				  department shall charge a replacement registration card fee pursuant to section
				  11-160-17 and
				  issue a replacement registration card to the qualifying patient and primary
				  caregiver, if any, only when there is a change to the information contained on
				  the registration card.
(c) Upon
				  receiving a replacement registration card, a qualifying patient or primary
				  caregiver, if any, shall surrender the prior registration card to the
				  department within five working days of receipt of the replacement registration
				  card; provided that the department may make exceptions based on good cause.
				  Failure to return the prior registration card to the department shall be cause
				  for the department to revoke the replacement registration card.
(d) When changing primary caregivers, the new
				  primary caregiver is not authorized to act as primary caregiver until the
				  effective date on the registration card issued by the department to the new
				  primary caregiver.
(e) A qualifying
				  patient shall immediately notify the qualifying patient's primary caregiver of
				  any changes in status including, but not limited to:
(1) The qualifying patient has assigned
				  another person to be the qualifying patient's primary caregiver; and
(2) The qualifying patient is no longer
				  eligible for the medical use of cannabis.
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 11-160-34 - Term

Current through June, 2024
A registration card issued to a qualifying patient or
					 primary caregiver shall be valid for up to one year from the effective date
					 established by the department unless revoked or voided. Where a qualifying
					 patient's certifying physician or certifying advanced practice registered nurse
					 attests in the written certification that the qualifying patient's condition is
					 chronic, the registration card may be valid for up to two years, as recommended
					 by the certifying physician or certifying advanced practice registered nurse
					 and approved by the department.
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 11-160-35 - Renewals

Current through June, 2024
(a) A registration card issued to a
				  qualifying patient or primary caregiver may be renewed, on forms and in a
				  manner prescribed by the department, by meeting the requirements of subchapter
				  4.
(b) The department shall process
				  renewal applications in the same manner as specified in subchapter
				  4.
(c) A qualifying patient or primary caregiver
				  shall initiate an application for a renewal of a registration no earlier than
				  sixty days before the expiration date of the current registration.
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 11-160-36 - Non-transferable

Current through June, 2024
No registration card issued to a qualifying patient or
					 primary caregiver shall be assigned or otherwise transferred to any other
					 person.
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 11-160-38 - Revocation of registration card

Current through June, 2024
(a) The department
				  may revoke a registration card issued to a qualifying patient or primary
				  caregiver for any of the following reasons:
(1) Violation of any provision of this
				  chapter or part IX of chapter
				  329, HRS;
(2) Submission of misleading, incorrect,
				  false, or fraudulent information;
(3) Fraudulent use of a registration
				  card;
(4) Tampering, falsifying,
				  altering, modifying, duplicating, or allowing another person to use, tamper,
				  falsify, alter, modify, or duplicate a registration card;
(5) Failure to make a notification of change
				  with the department in accordance with section
				  11-160-33;
(6) Where immediate action is required to
				  comply with the law or protect the health and safety of the general public;
				  or
(7) Any other reason consistent
				  with applicable laws.
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 11-160-39 - Void registration card

Current through June, 2024
(a) A registration
				  card issued to a qualifying patient shall automatically be void;
(1) Upon the day following its expiration
				  date;
(2) Upon the issuance of a
				  replacement registration card due to a change in information pursuant to
				  section
				  11-160-33;
(3) Upon the death of the qualifying
				  patient;
(4) Upon receipt by the
				  department of written notification from a certifying physician or certifying
				  advanced practice registered nurse that the qualifying patient no longer has a
				  debilitating medical condition or that the benefits of the medical use of
				  cannabis would no longer likely outweigh the health risks for the qualifying
				  patient; or
(5) Upon receipt by the
				  department of a written request from a 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 11-160-40 - Disposal of unused cannabis

Current through June, 2024
Upon the revocation or voiding of a qualifying patient's or
					 primary caregiver's registration card, all unused cannabis in the possession of
					 the qualifying patient or primary caregiver shall be disposed of immediately by
					 rendering the unused cannabis unusable in a manner approved by the
					 department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.02 - Registration fees

Current through June, 2024
(a) Fees for a new
				  or renewal registration of a qualifying out-of-state patient are $45 for each
				  sixty-day term or portion thereof.
(b) Payment of registration fees shall be
				  made in a form and manner as prescribed by the department.
(c) Value added electronic services provided
				  through the portal manager may incur a separate fee pursuant to section
				  27G-2,
				  HRS.
(d) 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 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.03 - Verification of information

Current through June, 2024
The department may verify information on an application and
					 accompanying documentation submitted for a qualifying out-of-state patient or a
					 caregiver of a qualifying out-of-state patient by any or all of the following
					 methods:
(1) Contacting an
				  out-of-state applicant by telephone, mail, or electronic mail, or, if proof of
				  identity is uncertain, requiring the production of additional identification
				  materials;
(2) Contacting a
				  caregiver of a qualifying out-of-state patient;
(3) Contacting the issuing entity to verify
				  licenses or registration as required under this chapter;
(4) Contacting the certifying medical
				  provider to obtain further documentation to verify that the qualifying
				  out-of-state 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 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.04 - 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 registration for a qualifying out-of-state patient or a
				  caregiver of a qualifying out-of-state patient for any of the following
				  reasons:
(1) Failure to provide the
				  information required or in the time period required in section
				  11-160-43.01;
(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 11-160-43.11;
(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 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.05 - Requirements for caregivers of qualifying out-of-state patients

Current through June, 2024
(a) To register with the department as a
				  caregiver of a qualifying out-of-state patient, a person shall:
(1) Be at least eighteen years of
				  age;
(2) Be a parent, guardian, or
				  person having legal custody of the qualifying out-of-state patient;
(3) Consent in writing to:
(A) Allow the qualifying out-of-state
				  patient's medical use of cannabis;
(B) Undertake the responsibility for managing
				  the well-being of the qualifying out-of-state patient with respect to the
				  medical use of cannabis; and
(C)
				  Control the acquisition of the cannabis, the dosage, and the frequency of the
				  medical use of cannabis by the qualifying out-of-state patient.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.06 - Possession of registration card

Current through June, 2024
A qualifying out-of-state patient or caregiver of a
					 qualifying out-of-state patient to whom the department has issued a
					 registration card shall carry the registration card on his or her person
					 whenever the person is in possession of medical cannabis.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.07 - Registration card; content

Current through June, 2024
A registration card for a qualifying out-of-state patient
					 or a caregiver of a qualifying out-of-state patient shall, at a minimum,
					 contain:
(1) The name and date of
				  birth of the qualifying out-of-state patient;
(2) The name and date of birth of the
				  caregiver of a qualifying out-of-state patient;
(3) The registration identification number;
				  and
(4) The registration card's
				  effective and expiration dates.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.08 - Registration card; term

Current through June, 2024
(a) Unless revoked
				  or voided, a registration card issued to a qualifying out-of-state patient or,
				  if applicable, a caregiver of a qualifying out-of-state patient shall be valid
				  for no more than sixty days from the effective date established by the
				  department.
(b) A registration card
				  issued to a qualifying out-of-state patient or, if applicable, a caregiver of a
				  qualifying out-of-state patient may be renewed for one additional term of no
				  more than sixty days; provided that the renewal effective date shall occur
				  within the same calendar year as the previous registration's effective date;
				  provided further that a qualifying out-of-state patient and a caregiver of a
				  qualifying out-of-state patient may apply for a new registration in the
				  succeeding calendar year.
(c) The
				  department shall not register any qualifying out-of-state patient for a term
				  that exceeds the expiration date of the qualifying out-of-state patient's
				  medical cannabis card from the issuing entity.
(d) During any maximum sixty-day term of a
				  registration card, if a qualifying out-of-state patient or a caregiver of a
				  qualifying out-of-state patient requests changes to the information submitted
				  to the department pursuant to section 11-160-43.01 that are determined to be
				  substantive by the department, a qualifying out-of-state patient or a caregiver
				  of a qualifying out-of-state patient may be required to submit an application
				  for a new or renewal registration.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.09 - Renewals

Current through June, 2024
(a) A registration card issued to a
				  qualifying out-of-state patient or a caregiver of a qualifying out-of-state
				  patient may be renewed, on forms and in a manner prescribed by the department,
				  by meeting the requirements of section 11-160-43.01.
(b) The department shall process renewal
				  applications in the same manner as specified in sections 11-160-43.01 to
				  11-160-43.05.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.10 - Non-transferable

Current through June, 2024
No registration card issued to a qualifying out-of-state
					 patient or a caregiver of a qualifying out-of-state patient shall be assigned
					 or otherwise transferred to any other person.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.11 - Revocation of registration card

Current through June, 2024
(a) The department
				  may revoke a registration card issued to a qualifying out-of-state patient or a
				  caregiver of a qualifying out-of-state patient for any of the following
				  reasons:
(1) Violation of any provision of
				  this chapter or part IX of chapter
				  329, HRS;
(2) Submission of misleading, incorrect,
				  false, or fraudulent information;
(3) Fraudulent use of a registration
				  card;
(4) Tampering, falsifying,
				  altering, modifying, duplicating, or allowing another person to use, tamper,
				  falsify, alter, modify, or duplicate a registration card;
(5) Where immediate action is required to
				  comply with the law or protect the health and safety of the general public;
				  or
(6) Any other reason consistent
				  with applicable laws.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 6.5 - REGISTRATION FOR QUALIFYING OUT-OF-STATE PATIENTS AND CAREGIVERS OF QUALIFYING OUT-OF-STATE PATIENTS › Section 11-160-43.12 - Void registration card

Current through June, 2024
(a) A registration
				  card issued to a qualifying out-of-state patient or a caregiver of a qualifying
				  out-of-state patient shall automatically be void:
(1) Upon the day following its expiration
				  date;
(2) Upon the death of the
				  qualifying out-of-state patient;
(3) Upon receipt by the department of written
				  notification from the issuing entity that the registration of the qualifying
				  out-of-state patient has been revoked or suspended;
(4) Upon receipt by the department of written
				  request from the qualifying out-of-state patient; or
(5) Upon the death of the sole caregiver of a
				  qualifying out-of-state patient.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 7 - MONITORING AND INVESTIGATIONS › Section 11-160-46 - Monitoring and investigations

Current through June, 2024
(a) The department
				  may, at any time during or after the registration or renewal process, contact a
				  qualifying patient, primary caregiver, certifying physician, certifying
				  advanced practice registered nurse, qualifying out-of-state patient/ caregiver
				  of a qualifying out-of-state patient, certifying medical provider, or issuing
				  entity by telephone, mail, or in person to verify the current accuracy of
				  information included in the registration system.
(b) If the department is unable to verify the
				  current accuracy of information included in the registration system due to a
				  failure by the qualifying patient, primary caregiver, certifying physician,
				  certifying advanced practice registered nurse, qualifying out-of-state patient,
				  caregiver of a qualifying out-of-state patient, certifying medical provider, or
				  issuing entity to provide the department with relevant access or information,
				  the department may revoke the registration of the qualifying patient, primary
				  caregiver, qualifying out-of-state patient, or caregiver of a qualifying
				  out-of-state patient.
(c) The
				  department, when it has reason to believe a violation of any provision of this
				  chapter or part IX of chapter
				  329, HRS, has occurred, may conduct
				  an investigation to collect evidence of a violation or notify the proper state
				  or local authorities. Violations may include, but are not limited to:
(1) Failure by a qualifying patient to notify
				  the department of any change in the information in accordance with section
				  11-160-33;
(2) Failure by a qualifying patient or
				  primary caregiver to surrender to the department a void or revoked hard copy
				  registration card; or
(3)
				  Submission of false or inaccurate information by a qualifying patient, primary
				  caregiver, certifying physician, certifying advanced practice registered nurse,
				  qualifying out-of-state patient, caregiver of a qualifying out-of-state
				  patient, or certifying medical provider during the registration or renewal of
				  registration process.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 8 - ADMINISTRATIVE PROCEDURE › Section 11-160-51 - Request for reconsideration

Current through June, 2024
(a) A person
				  aggrieved by a decision made pursuant to section
				  11-160-21,
				  11-160-38,
				  11-160-43.04, or 11-160-43.11 may request a reconsideration of the
				  action.
(b) A request for
				  reconsideration shall be submitted to the department within five working days
				  from the date of notification; provided that for the purposes of this
				  subsection, "date of notification" shall mean the date the department sent an
				  electronic mail to the aggrieved person or three days after the department
				  mailed a letter to the aggrieved person.
(c) A request for reconsideration shall
				  include an explanation of why the aggrieved person believes the action was
				  improper and shall include all arguments, authorities, factors, affidavits,
				  exhibits, and any other matter which the aggrieved person may deem
				  relevant.
(d) The director shall
				  issue a written final decision to the aggrieved person within fifteen working
				  days of the receipt of a request for reconsideration, unless the director
				  determines that an extension is necessary and provides written notice of the
				  extended deadline to the aggrieved person.
(e) The director's final decision shall, at a
				  minimum, contain the decision of whether to uphold the action and a detailed
				  statement of the reasons for the final decision, including factual
				  findings.
(f) A request for
				  reconsideration shall not operate as a stay of the decision made pursuant to
				  sections
				  11-160-21,
				  11-160-38,
				  11-160-43,04, or 11-160-43.11.
(g)
				  A final decision by the director on a request for reconsideration is a final
				  agency action, of which jurisdiction and venue for judicial review are vested
				  in the Hawaii circuit court.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 9 - CONFIDENTIALITY OF INFORMATION › Section 11-160-56 - Confidential information; exceptions

Current through June, 2024
(a) All information
				  received and records kept -by the department for purposes of administering this
				  chapter are confidential and not subject to disclosure except to:
(1) Employees or agents of the department as
				  necessary to perform their official duties under this chapter;
(2) Federal, state, or local law enforcement
				  agencies for the purpose of verifying registration with the department pursuant
				  to this chapter or for official law enforcement purposes;
(3) A person or entity pursuant to an order
				  or subpoena from a court or agency of competent jurisdiction;
(4) A person or entity with the written
				  permission of the qualifying patient or, if the qualifying patient is a minor
				  or an adult lacking legal capacity, of the qualifying patient's parent,
				  guardian, or person having legal custody;
(5) A person or entity with the written
				  permission of the qualifying out-of-state patient or, if the qualifying
				  out-of-state patient is a minor, of a caregiver of a qualifying out-of-state
				  patient;
(6) Employees or agents of
				  the State's medical cannabis dispensary system;
(7) Employees or agents of the department's
				  contracted computer software tracking system used within the State's medical
				  cannabis dispensary system;
(8)
				  Medical cannabis dispensary system licensees as deemed necessary by the
				  department for purposes of:
(A) Verifying the
				  status of a person as a qualifying patient, primary caregiver, qualifying
				  out-of-state patient, or caregiver of a qualifying out-of-state patient;
				  and
(B) Tracking a qualifying
				  patient's or a qualifying out-of-state patient's allowable cannabis purchase
				  limits; and
(9) Other
				  persons or entities deemed necessary by the department to administer this
				  chapter or the State's medical cannabis dispensary system.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164 - TUBERCULOSIS (Repealed) › Exhibit A - Tuberculosis Examination Procedures For All Health Care, Domiciliary Care, Adult Day Care, and Residential Facilities and Programs Licensed under Title 11, Chapters 85-105, by the Department of Health (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-3 - Penalties

Current through June, 2024
(a) Any person who violates any provision of
				this chapter shall be guilty of a misdemeanor, and subject to the fines and
				penalties provided by law for a misdemeanor.
(b) Any person who fraudulently obtains a TB
				clearance shall be subject to the penalties in subsection (a) and shall also
				relinquish the fraudulently-oijiained TB clearance to the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-4 - 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 164.2 - TUBERCULOSIS › Section 11-164.2-5 - Suspension of rules

Current through June, 2024
The director may suspend any or all of these rules in the
				  event of a shortage of diagnostic or treatment materials, or in the event of a
				  public health emergency as declared by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-10 - Reports to the department by practitioners, individuals in charge of an inpatient or outpatient health care facility, laboratory directors, and infection control officers

Current through June, 2024
(a) Any
				practitioner, individual in charge of an inpatient or outpatient health care
				facility, laboratory director, or infection control officer who makes a
				diagnosis of TB disease or identifies a person suspected of having TB disease
				shall report this to the department using the Notifiable Disease Report for
				Tuberculosis (NDR-TB). The practitioner, individual in charge of an inpatient
				or outpatient health care facility, laboratory director, or infection control
				officer shall complete and submit the NDR-TB within seventy-two hours after the
				diagnosis or identification is made. Instructions for completing and submitting
				the NDR-TB to the department are included in the DOH TB Clearance Manual,
				referenced in section 11-164.2-13.
(b) Any practitioner, individual in charge of
				an inpatient or outpatient health care facility, laboratory director, or
				infection control officer providing treatment for TB disease shall provide the
				department a follow-up report using the department's Tuberculosis Case
				Follow-Up Report every sixty days until treatment is completed. The
				Tuberculosis Case Follow-Up Report form is included in DOH TB Clearance Manual,
				referenced in section 11-164.2-13.
(c) If any of the information required by the
				Notifiable Disease Report for Tuberculosis or the Tuberculosis Case Follow-Up
				Report is unknown to the practitioner, individual in charge of an inpatient or
				outpatient health care facility, laboratory director, or infection control
				officer at the time of the report, the practitioner, individual in charge of an
				inpatient or outpatient health care facility, laboratory director, or infection
				control officer shall submit the required report with the information available
				at the time, and provide follow-up information as it becomes available.
(d) Any practitioner, individual in
				charge of an inpatient or outpatient health care facility, laboratory director,
				or infection control officer providing treatment for TB disease shall provide
				the department information related to the diagnosis pursuant to section
				325-71,
				HRS.
(e) Any laboratory identifying
				Mycobacterium tuberculosis shall submit a report to the department pursuant to
				section
				325-71,
				HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-11 - Release of information by practitioners, individuals in charge of an inpatient or outpatient health care facility, laboratory directors, and infection control officers

Current through June, 2024
Upon request, any practitioner, individual in charge of an
				  inpatient or outpatient health care facility, laboratory director, or infection
				  control officer treating a person for TB disease shall provide the department
				  any additional information relative to the person's case as is necessary, in
				  the opinion of the department, for the protection and safety of the public and
				  for case management and epidemiologic study of the case.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-12 - Evaluation of persons with TB disease, persons suspected of having TB disease, or persons exposed to communicable TB

Current through June, 2024
Notwithstanding a person's possession of a TB clearance, any
				  person who is:
(1) Known to have TB
				disease;
(2) Reported to the
				department as having TB disease;
(3) Reasonably suspected by the department of
				having TB disease; or
(4)
				Reasonably suspected by the department to have been exposed to communicable TB,
				may be required by the department to be evaluated or tested at a department TB
				clinic, or at a hospital or by a practitioner approved by the department, for
				the purpose of assessing the extent and progress of TB disease, if any, in the
				person.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-13 - TB clearance evaluation procedures for practitioners and the department

Current through June, 2024
For purposes of evaluating persons required by this chapter
				  to obtain a TB clearance, practitioners and the department shall follow the
				  instructions and procedures in the document entitled "DOH TB Clearance Manual",
				  dated 07/18/2017. This document is available from the department and can be
				  found on the Hawaii TB Control Branch website.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-20 - TB clearance requirements for child care facility and school personnel

Current through June, 2024
(a) Prior to starting employment at a child
				care facility or school, employees shall present to the administrator of the
				child care facility or school:
(1) A TB
				clearance obtained within twelve months prior to the start date; or
(2) A TB clearance obtained after age
				sixteen.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-21 - TB clearance requirements for child care facility and school attendance

Current through June, 2024
(a) Prior to attending a child care facility
				or school in the State a child shall present to the administrator of the child
				care facility or school a TB clearance; provided that if a TB clearance was
				obtained before the child was twelve months of age, the child shall obtain a
				new TB clearance after the child is twelve months of age and present it to the
				child care facility before the child is sixteen months of age or the child
				shall be excluded from the child care facility until a TB clearance is
				presented.
(b) Every child care
				facility shall maintain a copy of each child's TB clearance while the child is
				participating, and shall make that copy available for inspection by the
				department of human services. If a child participates in a different child care
				facility, the same TB clearance can be used provided the child was at least 12
				months of age when the TB clearance was obtained.
(c) Every school shall maintain a copy of
				each student's TB clearance while the student is enrolled, shall make that copy
				available for inspection by the department, and shall transmit a copy of the TB
				clearance and the student's health record to the school to which a student
				transfers.
(d) This section shall
				not apply to those persons who attend school through online or other off-campus
				training and who never physically attend school for instruction or training.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-22 - TB clearance requirements for post-secondary school personnel

Current through June, 2024
(a) Prior to starting employment at a
				post-secondary school, post-secondary school personnel shall present to the
				administrator of the post-secondary school:
(1) A TB clearance obtained within twelve
				months prior to the start date; or
(2) A TB clearance obtained after age
				sixteen.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-23 - TB clearance requirements for post-secondary school attendance

Current through June, 2024
(a) Prior to attending a post-secondary
				school in the State for a course of study longer than one hundred twenty days,
				a person shall present to the administrator of the school:
(1) A TB clearance obtained within twelve
				months prior to the start date; or
(2) A TB clearance obtained after age
				sixteen.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-24 - TB clearance requirements for persons living or working in health care facilities or residential care settings licensed or otherwise regulated by the department

Current through June, 2024
(a) Employees,
				contract workers, and volunteers working more than ten hours per week in health
				care facilities or residential care settings licensed or otherwise regulated by
				the department and residents of health care facilities or residential care
				settings licensed or otherwise regulated by the department shall obtain a TB
				clearance within twelve months prior to the date of employment, contract start
				date, volunteer service, or entry into a health care facility or residential
				care setting licensed or otherwise regulated by the department, and shall
				obtain a TB clearance annually.
(b)
				A person who does not meet the requirements in subsection (a) who requires
				urgent or unexpected admission into a health care facility or residential care
				setting licensed or otherwise regulated by the department may be temporarily
				admitted by providing the following:
(1)
				Documentation of a chest x-ray taken within the preceding thirty days that
				excludes a diagnosis of communicable TB disease; or
(2) If a chest x-ray is not available,
				evidence that a practitioner has completed a TB risk assessment on the person
				and determined that the person has no TB symptoms.
The person shall obtain a TB clearance within two weeks of
				  the admission or may be discharged.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 164.2 - TUBERCULOSIS › Section 11-164.2-25 - TB clearance requirements for food handlers

Current through June, 2024
(a) Prior
				to starting employment as a food handler, a person shall present to the
				employer a copy of:
(1) A TB clearance
				obtained within twelve months prior to the start date; or
(2) A TB clearance obtained after age
				sixteen.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-2 - Definitions

Current through June, 2024
Unless otherwise indicated in the context, the following
				  definitions shall apply:
"Communicable form or stage" means that form or stage of
				  Hansen's Disease during which viable acid-fast organisms
				  (
mycobacterium leprae
) are demonstrable in scrapings
				  of skin or in tissue specimens in transmissible form and number.
"Contact" means an individual who has been exposed to a
				  person afflicted with communicable Hansen's disease, or a child born to a
				  patient under treatment for Hansen's disease in a communicable stage.
"Department" means the department of health of the State of
				  Hawaii.
"Director" means the director of health of the State of
				  Hawaii, and includes any officer, employee or agent of the department
				  authorized by the director to act in his behalf.
"Hansen's disease" means a chronic disease produced by the
mycobacterium leprae
, and characterized primarily by
				  alterations and destructive changes in the skin and nerve structures of the
				  human body, appearing in either a communicable form or stage or a
				  non-communicable form or stage.
"Physician" means a person duly licensed to practice
				  medicine and surgery in the State of Hawaii.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-3 - Notification

Current through June, 2024
(a) Any physician having under his care or
				supervision a person with a disease believed to be Hansen's disease shall
				report the disease promptly to the department.
(b) The superintendent or management of any
				hospital in which a diagnosis of Hansen's disease is made after admission shall
				promptly inform the attending physician and report the diagnosis to the
				department. This does not relieve the physician of the primary responsibility
				for notifying the department.
(c)
				Any person in charge of a laboratory in which the examination of any specimen
				yields evidence of the possible presence of Hansen's disease shall report such
				findings to the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-4 - Examination

Current through June, 2024
(a) Any person reported as having Hansen's
				disease or suspected of having Hansen's disease shall be referred by his
				physician for examination by a consultant skilled in the examination and
				diagnosis of Hansen's disease as agreed upon by the patient or his physician
				and the director.
(b) Any person
				who does not accept the examination findings and recommendations of the
				consultant may request an examination by a panel of three physicians, one
				selected by and representing the person who is requesting the examination, one
				representing the Hawaii Medical Association and one representing the
				department. At least two of the three physicians must be known to be skilled in
				the diagnosis and management of Hansen's disease. The findings and
				recommendations of the panel will prevail.
(c) Any person who believes he may have
				Hansen's disease may request the director for an examination by a consultant
				representing the director to determine whether he has or does not have Hansen's
				disease.
(d) Contacts will be
				referred for examination and re-examination as may be required to insure prompt
				treatment should any evidence of Hansen's disease appear.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-5 - Treatment

Current through June, 2024
(a) Any person who has Hansen's disease will
				receive treatment either as an outpatient under the supervision of a physician
				approved by the director, or, if so recommended, in a hospital or other place
				established by the department for the care and treatment of persons afflicted
				with Hansen's disease.
(b) The
				department shall make arrangements for the care and treatment of Hansen's
				disease patients in other hospitals, nursing homes or "care" homes as the
				condition of the patient and the need for special services may
				indicate.
(c) Prophylactic
				chemotherapy and other preventive measures may be recommended for contacts who
				have been exposed to infection.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-6 - Hospitalization

Current through June, 2024
(a) The hospitalization of persons having
				Hansen's disease may be recommended for initiation of chemotherapy, for the
				treatment of complications of Hansen's disease for the correction of
				deformities due to Hansen's disease, or for certain rehabilitation measures
				best carried out within a hospital. The need for hospitalization will be
				established on the basis of medical condition, home environment, need for
				special services, and other related medico-social factors.
(b) Whenever the director considers that
				hospitalization is necessary for the protection of the public health, he may
				direct that the patient be hospitalized.
(c) Any person who has been hospitalized or
				is under treatment of Hansen's disease and believes that he no longer needs to
				be hospitalized or treated, may request an examination by a panel of three
				physicians, one selected by and representing the patient, one representing the
				Hawaii Medical Association and one representing the department. At least two of
				the three physicians must be known to be skilled in the diagnosis and
				management of Hansen's disease. The examination will take place within 15 days
				after receiving a written request for such an examination. The decision of a
				majority of the panel will determine the future status of the patient. A person
				so examined may not request a second examination until after an interval of at
				least three months.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-7 - Transfers

Current through June, 2024
(a) The transfer of a patient from any
				hospital for the care and treatment of Hansen's disease to any other hospital
				for the further care and treatment of Hansen's disease or any other medical or
				surgical condition may be made upon recommendation of the attending physician
				and with the consent of the patient. If a medical or surgical emergency arises
				and the patient is incapable of being consulted, such transfer may be made
				without his consent.
(b) Any
				patient upon request may have his residence transferred from Hale Mohalu at
				Leahi Hospital to Kalaupapa Settlement or from Kalaupapa Settlement to Hale
				Mohalu at Leahi Hospital, except that patients admitted to Hale Mohalu
				subsequent to 30 June 1969 must apply to the director and would require his
				approval for transfer to Kalaupapa Settlement.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-8 - Leave

Current through June, 2024
A patient hospitalized with the communicable form or stage
				  of Hansen's disease may be granted leave for a period up to one week for
				  personal or humanitarian reasons. Leave will be granted on condition that
				  adequate measures are taken to prevent exposure of susceptible persons,
				  especially children under 16 years of age, to infection, and that the person on
				  leave follows the instructions of the health authority having jurisdiction over
				  the area in which he will temporarily reside.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-9 - Visiting

Current through June, 2024
A permit issued by the director is required for any persons
				  visiting or remaining in any place set apart for the treatment of persons
				  having the communicable form of Hansen's disease. Permits will be issued for
				  valid reason to adults upon request. Permits for escorted minors over 16 years
				  of age will be issued to parents or guardians on request for valid
				  reason.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-11 - Outpatient follow-up care and discharge from the outpatient service

Current through June, 2024
Patients shall continue on outpatient follow-up care until
				  the likelihood of any further complications of Hansen's disease have passed.
				  Contacts may be discharged from the outpatient service after medical
				  examinations show no evidence of Hansen's disease.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 168 - HANSEN'S DISEASE › Section 11-168-13 - Severability

Current through June, 2024
If any provision of this chapter, or the application of any
				  provision of this chapter 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 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish rules governing
				  the registration and operation of motor vehicles in Kalawao
				  county.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 169 - REGISTRATION AND OPERATION OF MOTOR VEHICLES IN KALAWAO COUNTY › Section 11-169-2 - Motor vehicle registration

Current through June, 2024
(a) Every owner of
				a motor vehicle shall, within thirty days of such ownership, register his
				ownership with the sheriff of Kalawao county giving such identifying data as
				may be required by the sheriff, including the factory serial number of the
				vehicle. A motor vehicle is defined as a self-propelled vehicle.
(b) Every change in ownership shall be duly
				registered with the sheriff by the new owner within thirty days of transfer.
				All motor vehicles shall be re-registered annually with the sheriff in the
				month of January.
(c) A vehicle
				that is no longer operable and to be discarded shall be reported to the sheriff
				by its owner so that said vehicle may be removed from the list of registered
				motor vehicles for Kalawao county.
(d) Permission shall be obtained from the
				administrator of Kalaupapa Settlement before a discarded vehicle may be
				disposed of at Kalaupapa dump.
(e)
				There shall be no fee charged for the registration of a motor vehicle in
				Kalawao county.