Hawaii Revised Statutes 325. Infectious and Communicable Diseases

PART I. GENERAL PROVISIONS

• 325-1 Diseases or Conditions Declared Communicable or Dangerous to Public Health.
  The director of health by rules adopted pursuant to chapter 91, may declare diseases or conditions to be communicable or dangerous to the public...
• 325-1.5 Purpose.
  The purpose of this chapter is to address prevention, control, and treatment of, and advancement of knowledge about, communicable diseases in the State. [L...
• 325-2 Physicians, Laboratory Directors, and Health Care Professionals to Report.
  Every physician or health care professional having a client affected by or suspected of being affected by a disease or condition declared to be...
• 325-2.5 Health Care-Associated Infection Reporting.
  (a) Each health care facility in the State that is certified by the Centers for Medicare and Medicaid Services shall report information about health care-associated...
• 325-3 Others to Report.
  The director of health shall have the authority to determine which other persons shall report to the department of health communicable diseases or conditions...
• 325-4 Identity of Patients Safeguarded.
  Reports to the department of health provided for by this chapter shall not be made public so as to disclose the identity of the...
• 325-5 Antitoxins, Antiserums, Vaccines, Biologics, and Drugs.
  The department of health shall purchase from time to time out of moneys which may be available to it therefor, and keep on hand...
• 325-6 Epidemic Control.
  Such appropriations as may be necessary for the purpose of controlling, suppressing, or preventing the spread of any communicable or preventable disease in the State...
• 325-7 Repealed.
  L 1996, c 211, §7.
• 325-8 Infected Persons and Quarantine.
  (a) As used in this section: "Communicable disease" means any disease declared to be "communicable" by the director of health. "Dangerous disease" means a...
• 325-9 Quarantine Without Removal; Duty of Police Officers to Assist in Removals and Enforcement of Quarantine.
  If the department of health or its agent determines that the removal of the person infected or suspected of being infected would directly and...
• 325-10 Repealed.
  L 1996, c 211, §8.
• 325-11 Repealed.
  L 1988, c 140, §1.
• 325-12 Common Drinking Cup Prohibited.
  The use of a common drinking cup is prohibited in all public places within the State. [L 1911, c 118, §4; RL 1925, §941;...
• 325-13 Rules.
  (a) For the purpose of carrying out this chapter, the director of health, with the approval of the governor, may adopt, amend, or repeal such...
• 325-14 Penalty.
  Any person violating this chapter, or any rule or regulation of the department of health relating thereto, shall be deemed guilty of a misdemeanor....
• 325-15 Infectious and Communicable Diseases, Examination and Treatment.
  United States citizens or nationals, upon returning to this State after five or more years residence in any territory or possession of the United...
• 325-16 Informed Consent for Testing or Disclosure.
  (a) A health care provider may subject a person's body fluids or tissue to a test for the presence of human immunodeficiency virus infection...
• 325-16.5 Counseling and Testing of Sexual Assault Victims; Testing of Sex Offenders Upon Request of Victim.
  (a) Any sexual assault victim, or the parent or guardian of a minor or incapacitated victim, shall be informed as soon as practicable after the...
• 325-17 Quality Assurance Standards for Hiv Antibody Testing.
  (a) All laboratories performing screening and diagnostic tests for the presence of the antibody to HIV (human immunodeficiency virus) shall follow the recommended protocols as...
• 325-18 Advisory Committees for Health Care Workers Infected With Blood-Borne Infections.
  (a) The director of health may appoint ad hoc advisory committees as needed to provide advice and recommendations to health care workers infected with...
• 325-19 Rubella Testing of Pregnant Women.
  Every person permitted by law to attend a pregnant woman in the State, during the period of gestation or at delivery, shall cause a...
• 325-20 Agreements; Collaborative Assistance in Control of Disease Outbreaks.
  (a) The director may enter into agreements for collaborative assistance with licensed health care facilities and health care providers in the State to control...
• 325-21 Sale of Sterile Syringes for the Prevention of Disease.
  (a) The sale of sterile hypodermic syringes in a pharmacy, physician's office, or health care institution for the purpose of preventing the transmission of...

PART II. VACCINATION AND IMMUNIZATION

• 325-31 Repealed.
  L 1974, c 6, §1.
• 325-32 Immunization Against Infectious Diseases.
  (a) The department of health may adopt rules requiring and governing immunization against typhoid fever, pertussis (whooping cough), diphtheria, tetanus, poliomyelitis, measles, mumps, hepatitis...
• 325-33 Performance of Vaccination and Immunization.
  Vaccinations or immunizations required of any person under this chapter shall be performed by duly licensed physicians or paramedical personnel under their direction, advanced...
• 325-34 Exemptions.
  Section 325-32 shall be construed not to require the vaccination or immunization of any person for three months after a duly licensed physician, physician...
• 325-35 Forms and Procedures.
  The department of health may prescribe forms and procedures to achieve the purposes of sections 325-32 to 325-34 and shall maintain a complete roster...
• 325-36 Duty of Adult, or of Parent, Guardian, or Caregiver.
  (a) Every adult person required to be immunized, or to do any other act, unless the person is a minor or incompetent, shall cause...
• 325-37 Fraud; Wilful Misrepresentation; Failure to Comply; Penalties.
  Any person who by fraud or wilful misrepresentation circumvents or defeats or attempts to circumvent or defeat any purpose or provision of any of...
• 325-38 Immunization of Indigent, Medically Indigent, and Other Persons.
  (a) The department of health shall provide for the free immunization and vaccination of indigent and medically indigent persons and may provide such immunizations...

PART III. CONGENITAL SYPHILIS

• 325-51 Blood Samples of Pregnant Women Required.
  Every physician attending a pregnant woman in the State for conditions relating to the woman's pregnancy during the period of gestation or at delivery,...
• 325-52 Serologic Tests; Reports.
  For the purposes of this part a standard serologic test shall be a test for syphilis approved by the department of health and shall...
• 325-53 Reports of Blood Tests.
  In reporting a birth or fetal death, every physician or other person required to make such reports shall state, in a report accompanying the...
• 325-54 Reports Confidential; Penalty.
  Any information secured from the tests or the reports in this part required to be made by persons having access to such tests or...
• 325-55 Rules and Regulations.
  The department of health may, subject to the approval of the governor, adopt, promulgate, and enforce rules and regulations for the more effective enforcement...
• 325-56 Penalty.
  Any physician or other person permitted by law to attend pregnant women, and any other person, who violates this part or any rule of...

PART IV. TUBERCULOSIS

• 325-71 Reports by Physicians and Others.
  (a) Every physician, and every individual in charge of an inpatient or outpatient health care facility, shall report in writing to the department of...
• 325-72 Examination of Sputum.
  The bacteriologist of the department of health, when so requested by any physician, or by the authorities of any hospital or dispensary, shall make,...
• 325-73 Protection of Record; Penalty.
  The department of health shall cause all reports made in accordance with the provisions of section 325-71, and also all results of examinations showing...
• 325-74 Physicians; Precautions; Instructions.
  A physician attending a patient having tuberculosis shall take all proper precautions and give proper instructions to provide for the safety of all individuals...
• 325-75 Reporting Recovery of Patient.
  Upon the recovery of any person having tuberculosis, the attending physician shall make a report of this fact to the department of health or...
• 325-76 Examinations for Tuberculosis.
  (a) Examinations for tuberculosis required or recommended by the department of health, including skin tests, x-rays, and other tests as may be appropriate for...
• 325-77 Notice.
  The department of health shall conduct such examinations at such places throughout the State as it deems advisable after the giving of a public...
• 325-78 Test and Treatment for Tuberculosis.
  (a) The department of health may establish charges and collect fees for any diagnostic, medical, or treatment services relating to tuberculosis treatment or control;...
• 325-79 to 84 Repealed.
  L 2002, c 169, §§6 to 11.

PART V. HEPATITIS

• 325-91 Blood Transfusion; Hepatitis.]
  In the procuring, furnishing, donating, processing, distributing or using of human whole blood, plasma, blood products or blood derivatives for the purpose of injecting...
• 325-92 Prenatal Hepatitis B Screening and Treatment of Newborns.
  The department of health may adopt rules necessary to provide appropriate hepatitis B screening of pregnant women, including reporting and follow-up procedures for newborns...

PART VI. HIV INFECTION, ARC, AND AIDS

• 325-101 Confidentiality of Records and Information.
  Part heading amended by L 1988, c 290, §1. Cross References Informed consent for testing or disclosure, see §325-16. Quality assurance standards for HIV...
• 325-102 Civil Penalty.
  Part heading amended by L 1988, c 290, §1. Cross References Informed consent for testing or disclosure, see §325-16. Quality assurance standards for HIV...
• 325-103 Custodian of Records.
  Part heading amended by L 1988, c 290, §1. Cross References Informed consent for testing or disclosure, see §325-16. Quality assurance standards for HIV...
• 325-104 Responsibility to Report.
  Part heading amended by L 1988, c 290, §1. Cross References Informed consent for testing or disclosure, see §325-16. Quality assurance standards for HIV...

PART VII. NEEDLE EXCHANGE PROGRAM

• 325-111 Definitions.
  Sale of sterile syringes for prevention of disease, see §325-21. [§325-111] Definitions. As used in this part, unless the context otherwise requires: "Department" means...
• 325-112 Sterile Needle and Syringe Exchange Program Established.
  Sale of sterile syringes for prevention of disease, see §325-21. [§325-112] Sterile needle and syringe exchange program established. The director of health may establish...
• 325-113 Operation of the Program.
  Sale of sterile syringes for prevention of disease, see §325-21. [§325-113] Operation of the program. (a) The program shall be operated for the purpose...
• 325-114 Criminal Liability.
  Sale of sterile syringes for prevention of disease, see §325-21. [§325-114] Criminal liability. (a) Exchanges under the sterile needle and syringe exchange program shall...
• 325-115 Program Oversight Committee.
  Sale of sterile syringes for prevention of disease, see §325-21. [§325-115] Program oversight committee. The director shall appoint a sterile needle exchange program oversight...
• 325-116 Reports.
  Sale of sterile syringes for prevention of disease, see §325-21. [§325-116] Reports. The department, on or before January 1 of each year, shall submit...
• 325-117 Termination of the Program.
  Sale of sterile syringes for prevention of disease, see §325-21. [§325-117] Termination of the program. The director may terminate the program at any time...

PART VIII. IMMUNIZATION REGISTRY

• 325-121 Definitions.
  As used in this part: "Health care provider" means a program, agency, clinic, health care center, physician licensed under the provisions of chapter 453, advanced...
• 325-122 Hawaii Immunization Registry; Establishment and Purposes.
  The department of health may establish and maintain an immunization information system to be designated as the Hawaii immunization registry. The purposes of the...
• 325-123 Confidentiality and Content of Registry Records.
  (a) All immunization records and reports made for the purposes of this part that directly or indirectly identify a person shall be kept confidential...
• 325-124 Purposes for Access to Registry Information; Access Not a Disclosure.
  (a) Notwithstanding section 325-123, it shall not be a disclosure for the persons listed in subsections (b), (c), (d), and (e) to have limited...
• 325-125 Registry Record Requirements; Duration of Retention.
  (a) The establishment of an individual's record in the registry shall not require the prior consent of a patient or the consent of a...
• 325-126 Civil and Criminal Liability.
  (a) Authorized users of the registry shall not be subject to civil liability for damages by reason of: (1) Providing information to the registry...

Last modified: October 27, 2016