reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-32 - Fiscal requirements

Current through June, 2024
(a) The case
				  management agency shall have adequate resources to finance the operating costs
				  of administration, maintenance, personnel, and to conduct its programs,
				  including the provision of case management services in accordance with this
				  chapter.
(b) The case management
				  agency shall maintain fiscal records, documents, and other evidence that
				  sufficiently and properly reflect all funds received, and all direct and
				  indirect expenditures of any nature related to the case management agency's
				  operation.
(c) All fiscal related
				  material shall be maintained by the case management agency in accordance with
				  generally accepted accounting principles, in a form conducive to sound and
				  efficient fiscal management and audit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-33 - Insurance requirements

Current through June, 2024
The case management agency shall obtain, maintain, and keep
					 in force through an insurance company authorized to do business in the State,
					 or that meets the requirements of section
					 431:8-301,
					 HRS, if using an insurance company not authorized to do business in the State,
					 the following liability insurance, as appropriate:
(1) General;
(2) Automobile; and
(3) Errors and omissions.
(4) All policies shall contain an endorsement
				  that such insurance may not be canceled except upon thirty calendar days
				  written notice to the State.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-34 - Quality assurance

Current through June, 2024
(a) The case
				  management agency shall have internal policies and procedures for continuous
				  quality improvement. The program shall include at least annual monitoring of
				  the case management agency's compliance with licensing requirements, and plans
				  for corrective action measures and their implementation dates, as
				  appropriate.
(b) The case
				  management agency shall have internal risk management policies and procedures
				  that provide for ongoing monitoring and assessment of reports of adverse
				  events, and analysis for trends in adverse events, The policies and procedures
				  shall require:
(1) All service providers
				  serving the client to verbally report adverse events to the case management
				  agency within twenty-four hours of the occurrence;
(2) A written report to be sent to the case
				  management agency within seventy-two hours, excluding weekends and holidays,
				  following the verbal report required in paragraph (1);
(3) An evaluation of each report of adverse
				  event by the case management agency to determine the appropriateness of actions
				  taken and completion of the report and follow-up process;
(4) A copy of the original report and a
				  summary to be provided to the department of the case management agency's
				  evaluation of any report of adverse events and any action taken by the case
				  management agency, including adjustments to the client's service plan, as
				  appropriate. The original report and summary shall be received by the
				  department within seventy-two hours, excluding weekends and holidays, after the
				  case management agency receives a written report of an adverse event;
				  and
(5) Quarterly assessment of
				  reports of adverse events by the case management agency to determine trends and
				  to document preventative actions taken when significant trends are
				  noted.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 3 - HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCY REQUIREMENTS › Section 11-800-35 to 11-800-38 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-39 - Operation of a community care foster family home

Current through June, 2024
Any person, agency, or organization that wants to operate a
					 home as a community care foster family home shall obtain a certificate of
					 approval from the department. The person, agency, or organization shall:
(1) Not have had a previous certificate or
				  license to provide residential, social, or health care services that was
				  revoked and not successfully appealed within twelve months of the current
				  application for a certificate of approval to operate a community care foster
				  family home; and
(2) Comply with
				  all applicable requirements set forth in this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-40 - Contracting with case management agencies

Current through June, 2024
A home shall not enter into any agreement or contract with
					 a case management agency:
(1) If the
				  primary caregiver, substitute caregiver, owner of the property, holder of the
				  certificate, or any other adult in the home, except for clients, is related in
				  any way to a paid or unpaid member of the staff or officer of the case
				  management agency; or
(2) That
				  requires the home to accept the case management agency's clients
				  exclusively.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-41 - Personnel and staffing

Current through June, 2024
(a) The primary
				  caregiver shall:
(1) Reside in the community
				  care foster family home;
(2) Be a
				  NA, LPN, or RN;
(3) Have at least
				  one year of experience in a home setting as a NA, LPN, or RN; and
(4) Have a substitute caregiver who will
				  assume caregiving responsibilities in the absence of the primary
				  caregiver.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-42 - Client eligibility requirements

Current through June, 2024
(a) To be admitted
				  to the community care foster family home, the individual shall:
(1) Be certified by a physician as requiring
				  nursing facility level of care. The medicaid agency medical consultant shall
				  certify the individual who is a participant in a federally funded medicaid
				  program;
(2) Voluntarily choose to
				  enter a community care foster family home;
(3) Have a physical examination by a
				  physician within thirty days prior to admission or within seven days after
				  admission;
(4) Have a tuberculosis
				  clearance issued within twelve months prior to admission,
(A) An adult protective service client may be
				  admitted for emergency reasons without a current tuberculosis clearance,
				  provided that the process to obtain a clearance is begun within three days
				  after being admitted to the home;
(B) All tuberculosis clearances shall comply
				  with testing procedures established by the department of health;
(5) Be placed and provided ongoing
				  case management services by a home and community-based case management agency;
				  and
(6) Be a recipient of
				  supplemental security income, if eligible for such benefit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-43 - Client care and services

Current through June, 2024
(a) The home shall
				  care for not more than two adults at any one time, who are unrelated to the
				  foster family, or if certified by the department for three beds, shall care for
				  not more than three adults, pursuant to the requirements under section
				  321-481,
				  HRS.
(b) One bed in each home shall
				  be reserved for medicaid recipients, or if certified by the department for
				  three beds, two beds shall be reserved for medicaid recipients, unless the
				  requirements for two private pay individuals under section
				  321-481, HRS, are
				  met.
(c) Care and services provided
				  to the client shall:
(1) Be appropriate to the
				  age and condition of the client and provided in a home-like
				  environment;
(2) Be based on care
				  directions from the client to the maximum extent possible, with monitoring by
				  the case management agency when the client is not capable of providing care
				  directions;
(3) Be based on the
				  caregiver following a service plan for addressing the client's needs. The RN
				  case manager may delegate client care and services as provided in chapter
				  16-89-100;
(4) Include the provision of personal care,
				  homemaker, and respite services as appropriate;
(5) Include the caregiver observing the
				  following provisions of care:
(A)
				  Appropriate, safe techniques, and infection control procedures; and
(B) Encouragement of client independence as
				  much as possible; and
(6) Include recreation and social activities,
				  which shall:
(A) Be arranged and provided, in
				  accordance with the service plan, in or outside the home according to the
				  client's interests, needs, and capabilities; and
(B) Include access by the client to radio,
				  television, telephone, internet.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-44 - Client transfer and discharge

Current through June, 2024
(a) The transfer
				  and discharge of the client may occur when:
(1) The home is unable to meet the needs of
				  the client;
(2) The primary
				  caregiver and the client notify the case management agency of intended
				  transfers or discharges;
(3) A
				  minimum of three weeks advance notice is given prior to any transfer or
				  discharge to:
(A) The home and the case
				  manager, when the transfer or discharge is initiated by the client or the
				  client's legal representative; or
(B) The client and the client's legal
				  representative, when the transfer or discharge is initiated by the case
				  management agency or the home;
(4) Three weeks advance notice shall not be
				  required:
(A) For emergency transfers or
				  discharges;
(B) When the transfer
				  or discharge is mutually agreed upon by the client or the client's legal
				  representative, the home, and the case manager; and
(C) When a transfer is required because a
				  home's certificate has been revoked.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-45 - Grievance

Current through June, 2024
The community care foster family home shall have policies
					 and procedures by and through which a client may present grievances about the
					 operation or services of the home. The policies shall include a provision that
					 a client may choose to present any grievance directly to the department of
					 health. The home shall:
(1) Inform the
				  client or the client's legal representative of the grievance policies and
				  procedures and the right to appeal in a grievance situation;
(2) Provide a written copy of the grievance
				  policies and procedures to the client or the client's legal representative,
				  which includes the names and telephone numbers of the individuals who shall be
				  contacted in order to report a grievance; and
(3) Obtain signed acknowledgments from the
				  client or the client's legal representative that the grievance policies and
				  procedures were reviewed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-46 - Fire safety

Current through June, 2024
(a) The home shall
				  conduct, document, and maintain a record, in the home, of unannounced fire
				  drills at different times of the day, evening, and night. Fire drills shall be
				  conducted at least monthly under varied conditions and shall include the
				  testing of smoke detectors,
(b) The
				  home shall assure that:
(1) The client who is
				  bed bound or unable to make independent decisions about individual safety shall
				  have a designated person available at all times capable of evacuating the
				  client; and
(2) All caregivers have
				  been trained to implement appropriate emergency procedures in the event of a
				  fire.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-47 - Medication and nutrition

Current through June, 2024
(a) A licensed
				  practical nurse or a registered nurse shall administer medications that are to
				  be injected, unless physician orders permit a client to self-inject. The
				  registered nurse may delegate the administration of medication as provided in
				  chapter
				  16-89, section
				  16-89-100.
(b) The caregivers shall obtain training,
				  relevant information, and regular monitoring from the client's physician, a
				  home health agency, as defined in chapter
				  11-97, or a Registered Nurse for all
				  medication that the client requires.
(c) Medication errors and drug side effects
				  shall be reported immediately to the client's physician, and the case
				  management agency shall be notified within twenty-four hours of such
				  occurrences, as required under section 11-800-50(b). The caregivers shall
				  document these events and the action taken in the client's progress
				  notes.
(d) Use of physical or
				  chemical restraints shall be:
(1) By order of
				  a physician;
(2) Reflected in the
				  client's service plan; and
(3)
				  Based on an assessment that includes the consideration of less restrictive
				  restraint alternatives.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-48 - Client account

Current through June, 2024
(a) The home shall
				  maintain a written accounting of the client's personal funds received and
				  expended on the client's behalf by the home.
(b) Personal funds and valuables of the
				  client handled by the home for safekeeping shall not be:
(1) Commingled with those of the home, the
				  primary or substitute caregivers, other household members, or other clients;
				  or
(2) Used as the home funds or
				  petty cash.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-49 - Physical environment

Current through June, 2024
(a) The home shall
				  include:
(1) Bathrooms with non-slip surfaces
				  in the tubs and or showers, and toilets adjacent or easily accessible to
				  sleeping rooms;
(2) Grab bars in
				  bath and toilet rooms used by the client, as appropriate;
(3) A common living area, which is adequate
				  for socialization and the recreational needs of the client;
(4) Wheelchair accessibility to sleeping
				  rooms, bathrooms, common areas and exits, as appropriate;
(5) An operating Underwriters Laboratory
				  approved smoke detector and fire extinguisher in appropriate locations;
				  and
(6) A means of unobstructed
				  travel from the client's bedroom to the outside of the dwelling at street or
				  ground level,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-50 - Quality assurance

Current through June, 2024
(a) The home shall
				  have documented internal emergency management policies and procedures for
				  emergency situations that may affect the client, such as but not limited to:
(1) Sudden illness or accident;
(2) Death;
(3) Violent acts or abuse;
(4) Natural disasters;
(5) Fire; and
(6) Power and telephone outage.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-51 - Insurance requirements

Current through June, 2024
(a) The home shall
				  obtain, maintain, and keep in force through an insurance company authorized to
				  do business in the State, or that meets the requirements of section 431:8- 301,
				  HRS, if using an insurance company not authorized to do business in the State,
				  the following liability insurance, as appropriate;
(1) General;
(2) Automobile; and
(3) Errors and omissions.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-52 - Fiscal requirements

Current through June, 2024
(a) The home shall
				  have adequate resources to finance its services in accordance with this
				  chapter.
(b) The home shall
				  maintain fiscal records, documents and other evidence that sufficiently and
				  properly reflect all funds received, and all direct and indirect expenditures
				  of any nature related to the home's operation.
(c) All fiscal related material shall be
				  maintained by the home in accordance with generally accepted accounting
				  principles, in form conducive to sound and efficient fiscal management and
				  audit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-54 - Records

Current through June, 2024
(a) Each home shall maintain an
				  administrative notebook including but not limited to;
(1) Emergency procedures and an evacuation
				  map;
(2) Appropriate program
				  policies and procedures; and
(3) A
				  list of applicable community resources.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-55 to 11-800-58 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-850-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
				  this chapter is to regulate a statewide dispensary system to ensure safe and
				  legal access to medical cannabis for qualifying patients and qualifying
				  out-of-state patients.
(b) The
				  requirements of this chapter shall apply as indicated; provided that, for
				  cannabis and manufactured cannabis products that are being produced and
				  dispensed as of February 24, 2022:
(1) Until
				  December 31, 2022, the application of subchapters 7 and 8 shall be limited to
				  the extent that a licensee may continue to produce and dispense the cannabis
				  and manufactured cannabis products in the same manner as they are then
				  currently being produced, as long as the requirements of sections
				  11-850-110,
				  11-850-111(c),
				  11-850-112(b) (3), (4), and
				  (8),
				  11-850-113,
				  11-850-114, and
				  11-850-126 are met; and
(2) The remaining requirements of subchapters
				  7 and 8 shall apply to all cannabis and manufactured cannabis products as of
				  January 1, 2023.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-850-3 - 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 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-850-4 - Disclaimer

Current through June, 2024
Nothing in this chapter is intended to represent anything
					 about the legality of the use or possession of cannabis pursuant to federal
					 law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-850-5 - Number of licenses per county

Current through June, 2024
(a) The department
				  may issue eight dispensary licenses statewide including three licenses for the
				  city and county of Honolulu, two licenses for the county of Hawaii, two
				  licenses for the county of Maui, and one, license for the county of Kauai. No
				  dispensary license shall be issued for the county of Kalawao.
(b) Beginning October 1, 2018, the department
				  may issue dispensary licenses in addition to those authorized by subsection
				  (a), based on qualifying patient need; provided that:
(1) No more than one license may be issued
				  per five hundred qualifying patients residing in any single county;
(2) In considering whether to award a new
				  license, the department shall consider an applicant's capability to serve and
				  supply medical cannabis to qualifying patients in a rural or underserved
				  geographical area of a county; and
(3) A "rural or underserved geographical
				  area" shall be determined by considering the number of registered qualifying
				  patients that reside within a certain zip code compared to the quantity of
				  medical cannabis that the closest production center and retail dispensing
				  location have the capability to provide.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-850-6 - Number of production centers per license; allowable number of plants

Current through June, 2024
(a) A dispensary licensee shall be allowed to
				  operate up to three production centers.
(b) Each production center shall be limited
				  to no more than five thousand cannabis plants; provided that the department may
				  determine whether a dispensary licensee shall be allowed an additional two
				  thousand five hundred cannabis plants at a licensee's production center,
				  provided that a licensee shall be allowed no more than fifteen thousand
				  cannabis plants in total across all of the licensees' production centers. No
				  more than seven thousand five hundred plants shall be allowed at a single
				  production center. For purposes of this section, "plant" means a cannabis plant
				  that is greater than twelve vertical inches in height from where the base of
				  the stalk emerges from the growth medium to the tallest point of the plant, or
				  greater than twelve horizontal inches in width from the end of one branch to
				  the end of another branch; provided that multiple stalks emanating from the
				  same root ball or root system shall be considered part of the same single
				  plant.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-850-7 - Number of retail dispensing locations per license

Current through June, 2024
(a)
				  A dispensary shall be allowed to operate up to two retail dispensing locations;
				  provided that the department may determine whether a dispensary licensee shall
				  be allowed no more than two additional retail dispensing locations. In
				  considering whether to allow additional retail dispensing locations, the
				  department shall consider the licensee's capability to serve and supply medical
				  cannabis to qualified patients in a rural or underserved geographical area of a
				  county, as defined in 329D-2 (1).
(b) No more than one retail dispensing
				  location may be located at the same address.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-850-8 - Restrictions

Current through June, 2024
(a) A person shall not be granted more than
				  one dispensary license.
(b) A
				  dispensary license shall not be sold or otherwise transferred from one person
				  to another person, except with the prior written approval of the department
				  following notice given in accordance with section
				  329D-5.5, HRS.
(c) A dispensary facility shall not be
				  permitted within seven hundred fifty feet of the real property comprising a
				  playground or school.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 1 - GENERAL PROVISIONS › Section 11-850-9 - Subcontractors

Current through June, 2024
(a) The provisions of this chapter and
				  chapter 329D, HRS, shall apply to a subcontractor in the same manner as to a
				  dispensary licensee.
(b) A
				  dispensary licensee shall not subcontract with any person who is subcontracted
				  to another dispensary licensee for the production or dispensing of cannabis or
				  manufactured cannabis products.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-11 - License required

Current through June, 2024
No person shall operate a medical cannabis dispensary
					 unless the person has a license issued by the department pursuant to this
					 chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-12 - Application

Current through June, 2024
(a) An application for a dispensary license
				  shall include both an individual applicant and an applying entity and they
				  shall apply to the department on a form and in a manner prescribed by the
				  department.
(b) The department
				  shall establish an open application period for available licenses.
(c) The department shall publish notice of
				  the open application period no less than thirty days prior to the start of the
				  open application period. The notice shall include but not be limited to:
(1) The date and time the open application
				  period begins and ends;
(2) Where
				  and how to obtain an application form;
(3) Where and how to submit an application
				  form;
(4) Where to obtain a copy of
				  the rules; and
(5) Information
				  about the merit scoring system.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-13 - Minimum qualifications for individual applicant

Current through June, 2024
An individual applicant shall:
(1) Be not less than twenty-one years of
				  age;
(2) Be a legal resident of the
				  State for not less than five years preceding the date of application;
(3) Not have any felony convictions or any
				  other disqualifying background history in accordance with this chapter;
				  and
(4) Be authorized by the
				  applying entity to submit an application for a dispensary license, and act as
				  the primary point of contact with the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-15 - Minimum qualifications for applying entity

Current through June, 2024
An applying entity shall:
(1) Be organized under the laws of the
				  State;
(2) Have a Hawaii tax
				  identification number;
(3) Have a
				  department of commerce and consumer affairs business registration division
				  number and suffix;
(4) Have a
				  federal employer identification number;
(5) Not be less than fifty-one per cent held
				  by Hawaii legal residents or entities wholly controlled by Hawaii legal
				  residents who have been legal residents for not less than five years
				  immediately preceding the date the application was submitted;
(6) Have financial resources under its
				  control of not less than $1,000,000 for each license applied for, plus not less
				  than $100,000 for each retail dispensing location allowed under the license
				  applied for, in the form of bank statements or escrow accounts, and those
				  financial resources shall have been under the control of the applying entity
				  for not less than ninety days immediately preceding the date the application
				  was submitted; and
(7) Be composed
				  of owners, principals, or members, each of whom is not less than twenty-one
				  years of age and has no felony convictions or any other disqualifying
				  background history in accordance with section
				  11-850-17.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-17 - Background checks

Current through June, 2024
(a) The following
				  are subject to background checks conducted by the department or its designee:
(1) The individual applicant or
				  licensee;
(2) All officers,
				  directors, members of a limited liability corporation, shareholders with at
				  least twenty-five per cent ownership interest in a corporation, and managers of
				  an entity applicant or licensee;
(3) Each employee of a dispensary;
(4) Each subcontractor of a
				  dispensary;
(5) All officers,
				  directors, members of a limited liability corporation, shareholders with at
				  least twenty-five per cent ownership interest in a corporate owner, and
				  managers of a subcontracted production center or retail dispensing
				  location;
(6) Each employee of a
				  subcontracted production center or retail dispensing location;
(7) Any person permitted to enter or remain
				  in a dispensary facility pursuant to section
				  329D-15 (a) (4)
				  or 329D-16 (a)
				  (3), HRS; and
(8) Agents of any of the above
				  persons.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-18 - Application fee

Current through June, 2024
(a) Each application for a dispensary license
				  shall include a non-refundable application fee of $5,000 by certified check or
				  cashier's check payable to State of Hawaii Department of Health, delivered or
				  mailed by certified mail, return receipt requested, to: Department of Health,
				  Medical Cannabis Dispensary Licensing Section, 601 Kamokila Blvd., Rm. 337,
				  Kapolei, HI, 96707.
(b) The
				  application fee must be received by the department or postmarked by 4:30 pm HST
				  on the last day of the open application period.
(c) An application is not complete and will
				  not be considered unless the application fee is timely received by the
				  department as stated in subsection (b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-19 - Verification of application

Current through June, 2024
(a) After receipt
				  of an application, the department shall verify that the application and
				  supporting documentation is complete, and the information submitted in the
				  application is true and valid, and meets the requirements of section
				  329D-3, HRS.
(b) Applications that meet the requirements
				  of section 329D-3, HRS, shall be placed
				  into the pool of applicants for further review and selection based on merit,
				  and the department shall notify the applicant in writing.
(c) Applications that do not meet the
				  requirements of section
				  329D-3, HRS, shall be denied
				  pursuant to section
				  11-850-24, and the department
				  shall notify the applicant in writing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-20 - Selection process and criteria based on merit

Current through June, 2024
(a) The
				  department shall consider the following criteria based on merit to evaluate
				  applications verified pursuant to section
				  11-850-19:
(1) Ability to operate a business, including
				  but not limited to education, knowledge, and experience with:
(A) Regulated industries;
(B) Agriculture or horticulture;
(C) Commercial manufacturing;
(D) Pharmaceutical companies;
(E) Operating or working in a medical
				  cannabis dispensary business;
(F)
				  Creating and implementing a business plan, including a timeline for opening a
				  business;
(G) Creating and
				  implementing a financial plan;
(H)
				  Retail sales;
(I) Secure inventory
				  tracking and control;
(J)
				  Protecting confidential customer information;
(K) Owning or managing a business that
				  required twenty-four hour security monitoring; and
(L) Any other experience the applicant
				  considers relevant;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-21 - Licensing fee and issuance of license

Current through June, 2024
(a) Within seven
				  days of receiving written notice of selection from the department, the selected
				  applicant shall submit to the department a dispensary license fee of $75,000 by
				  certified or cashier's check made payable to: State of Hawaii Department of
				  Health.
(b) If the dispensary
				  license fee is not timely paid, the selected applicant will be disqualified,
				  and the department shall select the next highest scoring applicant within the
				  segregated group of applications in accordance with section
				  11-850-20.
(c) Upon issuance of a dispensary license,
				  the dispensary licensee may begin operations; provided that it may not begin
				  producing or dispensing cannabis or manufactured cannabis products until it
				  receives a written notice to proceed from the department for each phase of
				  production and for dispensing, following inspections to determine compliance
				  with this chapter and chapter 329D, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-22 - Narcotics enforcement division certificate

Current through June, 2024
(a) Upon
				  award of a license pursuant to section
				  11-850-21, a dispensary licensee
				  shall apply to the department of public safety narcotics enforcement division
				  (NED) and obtain a certificate to possess and handle cannabis and manufactured
				  cannabis products.
(b) A dispensary
				  licensee shall provide proof of the NED certificate to the department within
				  seven days of obtaining the certificate.
(c) The dispensary licensee shall maintain
				  the certificate throughout the licensing period, and shall notify the
				  department immediately if the NED certificate is suspended or
				  revoked.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-23 - Term

Current through June, 2024
A license shall be valid for one year from the date issued
					 unless suspended or revoked by the department, or unless surrendered by the
					 dispensary licensee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-24 - Denial of application for or renewal of a license

Current through June, 2024
(a)
				  The department may deny an application for or renewal of a license for any of
				  the following reasons:
(1) Failure to provide
				  the information required in sections
				  11-850-13 through
				  11-850-17;
(2) Failure to meet the requirements set
				  forth in this chapter or chapter 329D, HRS;
(3) Provision of misleading, incorrect,
				  false, or fraudulent information;
(4) Failure to pay all applicable fees as
				  required;
(5) Receipt of an
				  application evaluation score lower than the successful applicants for the
				  respective county;
(6) An applicant
				  has a background history that indicates the applicant does not have a reputable
				  and responsible character or would pose a risk to the health, safety, or
				  welfare of the public, qualifying patients, or qualifying out-of-state
				  patients; or
(7) Any other ground
				  that serves the purpose of this chapter or chapter 329D, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-25 - License renewal process

Current through June, 2024
(a) A license may
				  be renewed if the dispensary licensee:
(1)
				  Submits to the department a renewal application on a form and in a manner
				  prescribed by the department at least sixty days prior to the expiration date
				  on the license;
(2) Continues to
				  meet all the requirements of this chapter and chapter 329D, HRS; and
(3) Submits the renewal fee to the department
				  as required in subsection (c).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-26 - Surrender of license

Current through June, 2024
(a) A dispensary
				  may voluntarily surrender a license to the department at any time.
(b) If a dispensary voluntarily surrenders a
				  license, the dispensary shall:
(1) Return the
				  license to the department;
(2)
				  Submit a report to the department including the reason for surrendering the
				  license; contact information following the close of business; the person or
				  persons responsible for the close of the business; and where business records
				  will be retained; and
(3) Destroy
				  all cannabis and manufactured cannabis products in its possession pursuant to
				  this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-27 - Change in information

Current through June, 2024
(a) The dispensary
				  licensee shall notify the department of any changes in contact
				  information.
(b) The dispensary
				  licensee shall notify the department in writing no less than fourteen days in
				  advance of any change that may affect the licensee's qualifications for
				  licensure, and submit to the department supporting documentation to prove the
				  dispensary licensee continues to be qualified. In the event of a change for
				  which a dispensary licensee does not have prior notice, the licensee shall
				  notify the department immediately upon learning of the change.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 2 - LICENSING › Section 11-850-28 - License renewal fee

Current through June, 2024
(a) The license
				  renewal fee shall be calculated by the department by determining and adding the
				  applicable base fee for each production center owned, operated, or
				  subcontracted by the licensee in accordance with subsection (b) and the base
				  fee for each retail dispensing location owned, operated, or subcontracted by
				  the licensee in accordance with subsection (c) and discounting the total by the
				  sum of the discount percentages applicable to the licensee in accordance with
				  subsections (d) and (e).
(b) Fees
				  per production center. The base fee for each medical cannabis production center
				  shall be determined using the following table and is based upon a combination
				  of the maximum number of plants cultivated at the production center and the
				  type of manufacturing operations taking place at the production center.
Number of plants
Manufacturing operations
Cultivation, packaging, and labeling only
Solvent-less, water-based, or
								CO2-based processes
Other processes, including hydrocarbon-and
								alcohol-based
Up to 2,500 plants
$25,000
$35,000
$40,000
Up to 5,000 plants
$50,000
$60,000
$65,000
Up to 7,500 plants
$75,000
$85,000
$90,000
(c)
				  Fees per retail dispensing location. The base fee for each retail dispending
				  location shall be $20,000.
(d)
				  Discount percentage based on market conditions in each county. The total base
				  fee shall be adjusted by the applicable discount percentage for the licensee's
				  county of operation.
(1) Oahu (City and
				  County of Honolulu): zero per cent discount.
(2) Hawaii: Five per cent discount.
(3) Maui: Five per cent discount.
(4) Kauai: Ten per cent
				  discount.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 850 - MEDICAL CANNABIS DISPENSARIES › Subchapter 3 - OPERATIONS › Section 11-850-31 - Dispensary operations

Current through June, 2024
(a) In all
				  dispensary facilities, only the individual licensee, authorized employees of
				  the dispensary, authorized employees of the subcontracted dispensary
				  facilities, employees of a certified laboratory for analysis purposes, state
				  employees authorized by the director, and law enforcement and other government
				  officials acting in their official capacity shall be permitted to touch or
				  handle any cannabis or manufactured cannabis products; provided that a
				  qualifying patient, primary caregiver, qualifying out-of-state patient, or
				  caregiver of a qualifying out-of-state patient may receive cannabis or
				  manufactured cannabis products at a retail dispensing location following
				  completion of a sale.
(b) A retail
				  dispensing location shall not be at the same location as a production center.
				  Considerations for determining whether locations are the same include proximity
				  and whether there are separate buildings, entrances, and parking
				  areas.
(c) No dispensary licensee,
				  including a dispensary licensee's officers, employees, agents, or anyone with
				  any financial interest in a licensed dispensary shall provide written
				  certification pursuant to chapter 329, HRS, for the medical use of cannabis for
				  any person. A dispensary shall not provide to a physician or advanced practice
				  registered nurse who provides written certification any benefit or
				  consideration, including payment, discount, advertising, office space, or event
				  space. A dispensary shall not provide to patients, directly or indirectly, any
				  benefit for seeking or receiving written certification from a particular
				  physician or advanced practice registered nurse.
(d) A dispensary licensee shall maintain and
				  follow all policies and procedures required by this chapter.
(e) Sale and transportation of cannabis or
				  manufactured cannabis products from one dispensary licensee to any other
				  dispensary licensee shall be completed in accordance with sections 11-850-36
				  and 11-850-45.