Hawaii Revised Statutes 321. Department of Health

PART I. GENERAL AND ADMINISTRATIVE PROVISIONS

• 321-1 General Powers and Duties of the Department.
  (a) The department of health shall have general charge, oversight, and care of the health and lives of the people of the State, and...
• 321-1.1 Development of Environmental Goals and Objectives.]
  The department of health, with input from the regulated community and general public, shall develop environmental goals and objectives, to be used in the...
• 321-1.3 Domestic Violence and Sexual Assault Special Fund.
  (a) There is established within the state treasury a special fund to be known as the domestic violence and sexual assault special fund to...
• 321-1.4 Office of Health Care Assurance Special Fund; Deposits; Expenditures
  . (a) There is established within the department of health, to be administered by the department of health, the office of health care assurance special...
• 321-1.5 Primary Health Care Incentive Program; Establishment.
  There is established within the department of health a primary health care incentive program. The program shall: (1) Utilize existing personnel and resources to...
• 321-1.6 Additional Duties of the Director.
  Any health center previously designated as a Federally Qualified Health Center (FQHC), FQHC look alike, or Rural Health Clinic (RHC) shall have comparable designation...
• 321-1.7 Public Health Nursing Services Program.
  (a) There is established within the department of health a public health nursing services program. At the discretion of the director of health, the...
• 321-1.8 Inspections; Public Notice.
  (a) Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all...
• 321-1.65 Community Health Centers Special Fund.
  (a) There is established within the state treasury a special fund to be known as the community health centers special fund to be administered and...
• 321-2 General Office.
  The department of health shall maintain its general office in Honolulu and such other offices throughout the State as it, in its discretion, may...
• 321-2.5 Volunteer Medical Assistance Personnel.
  (a) This section shall apply to all volunteer medical assistance personnel, including: (1) Physicians; (2) Psychologists; (3) Nurses; (4) Emergency medical technicians; (5) Social...
• 321-3 Repealed.
  L 1996, c 211, §1.
• 321-4 Agents and Inspectors.
  There shall be appointed by the director of health a suitable number of agents and inspectors in such localities as may be necessary, who...
• 321-4.3 Epidemiologists.
  The department of health may establish up to ten permanent or temporary exempt positions known as epidemiologists for the purpose of investigating diseases and injuries...
• 321-4.5 Inspection of Food Establishments.
  Inspections of food establishments may be performed only by a registered sanitarian or a food and drug inspector. [L 1997, c 334, pt of
• 321-4.6 Advisory Council on Food Protection Practices; Created.
  (a) There is created within the department for administrative purposes only, an advisory council on food protection practices, whose members shall be appointed by...
• 321-4.7 Producers of Hand-Pounded Poi; Exemption.
  A producer of hand-pounded poi shall not be required to process poi in a certified food-processing establishment or be required to obtain a permit...
• 321-5 Contract for Exchange of Hawaii Personnel.
  The department of health may contract with any state, or the health department of any state having the power to so contract, for the...
• 321-6 Repealed.
  L 1972, c 29, §1.
• 321-6.5 Clinical Laboratory Test Results.
  (a) Clinical laboratory test results may be provided to authorized persons for any purpose permitted under the Health Insurance Portability and Accountability Act of...
• 321-7 Disbursement of Moneys.
  For the purpose of carrying into effect the laws relating to the public health, the department of health may apportion and disburse all sums...
• 321-8 Repealed.
  L 1988, c 139, §2.
• 321-9 Seal, Rules and Regulations.
  The department of health may adopt a seal and may adopt such rules and regulations as it may consider expedient for the conduct of...
• 321-10 Rules, Adoption, Effect.
  All rules and regulations made by the department of health shall be made in conformity with chapter 91. They shall have the force and...
• 321-10.5 Agricultural Processing Facilities; Permits; Priority.
  (a) Any agency subject to this chapter or title 19 that issues permits shall establish and implement a procedure for the priority processing of...
• 321-11 Subjects of Health Rules, Generally.
  [Repeal and reenactment on June 30, 2014. L Sp 2009, c 21, §8.] The department of health pursuant to chapter 91 may adopt rules...
• 321-11.1 Medically Accurate Sexuality Health Education.
  (a) Sexuality health education programs funded by the State shall provide medically accurate and factual information that is age appropriate and includes education on abstinence,...
• 321-11.2 Adult Foster Homes.
  (a) The department of health is authorized to certify adult foster homes for individuals with developmental or intellectual disabilities requiring care beyond the individual's...
• 321-11.3 Repealed.
  L 1987, c 12, §1.
• 321-11.4 Fees for Electronic Applications and Payments
  . (a) Any departmental program that collects fees for the issuance of permits, licenses, certificates, or similar approvals, under chapters 340E, 340F, 342D, 342H, 342J,...
• 321-11.5 Establishment of Fees.
  (a) The department of health, by rules adopted pursuant to chapter 91, may establish reasonable fees for the issuance or renewal of licenses, permits, variances,...
• 321-11.6 Genetically Modified Organisms.
  Any applicant to any federal agency for any permit for or approval of any bioproduct, field testing of genetically modified organisms, or environmental impact...
• 321-11.7 Repealed
  . L 2013, c 212, §7(3).
• 321-11.8 Care Homes; Liability Insurance; Coverage.
  (a) All operators of adult foster homes under section 321-11.2, adult residential care homes, assisted living facilities, community care foster family homes as defined...
• 321-11.51 Sanitation Permits; Transfer.
  Sanitation permits that have not expired as of July 2, 1997, shall be transferable upon the sale of a food establishment; provided that such...
• 321-12 Barbers, Hairdressers, Cosmeticians, Cosmetologists, and Beauticians.
  The department of health may prescribe rules and regulations which it deems necessary for the public health and safety relative to barbers, hairdressers, cosmeticians,...
• 321-12.2 Tanning Facilities; Minors; Penalties.
  (a) It shall be unlawful for any tanning facility owner, lessee, or operator to allow any person under the age of eighteen to use any...
• 321-12.5 Certified Forensic Examination Fees.
  (a) The department of health, by rules adopted pursuant to chapter 91, shall establish fees for application and certification as certified forensic examiners, to...
• 321-13 Regulation of Certain Other Occupations.
  (a) The department of health, with the approval of the governor, may adopt rules as it deems necessary for the public health or safety...
• 321-13.5 Certified Nurse Aides; Investigations of Abuse and Neglect.]
  The department shall adopt rules pursuant to chapter 91 relating to: (1) The investigation of: (A) Abuse or neglect by a certified nurse aide...
• 321-14 License to Practice Certain Occupations.
  It shall be unlawful for any person to practice any of the occupations specified in section 321-13(a)(1) without a license so to do; any...
• 321-14.5 Hospitals; Licensing.
  (a) All hospitals shall be licensed by the department to ensure the health, safety, and welfare of the individuals placed therein. (b) The director...
• 321-14.8 Home Care Agencies; Licensing.
  [Section repealed on June 30, 2014. L Sp 2009, c 21, §8.] (a) Beginning July 1, 2010, each home care agency shall be licensed...
• 321-15 Biennial Registration; Fees, Failure to Register; Denial, Suspension, or Revocation of a License.
  (a) Every person holding a license to practice any occupation specified in section 321-13(a)(1) shall reregister with the department of health every other year...
• 321-15.1 Definitions.
  Whenever used in this chapter, unless the context otherwise requires: "Adult residential care home" means any facility providing twenty-four-hour living accommodations, for a fee,...
• 321-15.2 Background Checks.
  (a) For the purposes of this section: "Adults" means individuals aged eighteen years or older. "Applicant" means a person or entity seeking licensure or...
• 321-15.3 Criminal History Disclosure of Prospective Care Home Resident.]
  Notwithstanding any other law to the contrary, the department of health shall disclose to the operator of an adult residential care home, to the...
• 321-15.5 Repealed.
  L 1978, c 107, §4.
• 321-15.6 Adult Residential Care Homes; Licensing.
  (a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall...
• 321-15.7 Penalty.
  Any person who intentionally operates an adult residential care home or hospice home without a license shall be guilty of a misdemeanor. [L 1978,...
• 321-15.8 Repealed.
  L 1988, c 205, §1.
• 321-15.9 Developmental Disabilities Residential Services.
  (a) The department of health is authorized to license developmental disabilities domiciliary homes for individuals with developmental or intellectual disabilities who are unable to...
• 321-15.61 Adult Residential Care Homes Expanded Admissions.
  (a) Adult residential care homes may admit an individual who has been living immediately prior to admission in the individual's own home, a hospital,...
• 321-15.62 Expanded Adult Residential Care Homes; Licensing.
  (a) All expanded adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. (b) The...
• 321-15.63 Hospice Services.
  (a) The department of health may license hospice service agencies. If the department licenses hospice service agencies, the director shall adopt rules in accordance...
• 321-16, 16.1 Repealed.
  L 1972, c 100, §2.
• 321-16.5 Special Treatment Facilities
  . (a) All special treatment facilities shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. (b) The director shall...
• 321-16.6 Therapeutic Living Programs.
  (a) All therapeutic living programs shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. (b) The director shall...
• 321-17 Vessels to Carry Diseased Persons; Penalty.
  Vessels, regardless of tonnage, and other common carriers, shall be permitted or required to carry persons having Hansen's disease or other contagious diseases under...
• 321-18 Penalty.
  Except when another penalty is provided, every person who violates any rule of the department, after the same has been adopted, as provided in...
• 321-19 Delegation to Counties.
  Any provision to the contrary notwithstanding, the department of health may, in adopting rules and regulations under sections 321-9, 321-10, and 321-11, delegate functions...
• 321-20 Remedies.
  Notwithstanding other penalties, the director may enforce this chapter in either administrative or judicial proceedings: (1) Administrative. If the director determines that any person...
• 321-21 Infectious Wastes; Management and Disposal.
  The department of health shall adopt rules pursuant to chapter 91 for the management and disposal of infectious wastes generated by hospitals, clinics, other...
• 321-22 Long Term Care Service Development Fund Established.
  There is established in the treasury of the State a special fund to be known as the long term care service development fund, which...
• 321-22.5 Trauma System Special Fund
  . (a) There is established within the state treasury a special fund to be known as the trauma system special fund to be administered and...
• 321-23 Catastrophic and Traumatic Emergency Response Program Established.
  (a) The director shall establish within the department a catastrophic and traumatic emergency response program to: (1) Provide for the delivery of prompt psychological...
• 321-23.3 Volunteer Emergency Medical Disaster Response Personnel.
  (a) All volunteer emergency medical disaster response personnel including: (1) Physicians; (2) Psychologists; (3) Nurses; (4) Emergency medical technicians; (5) Social workers; (6) Mobile...
• 321-23.6 Rapid Identification Documents.
  (a) The department shall adopt rules for emergency medical services that shall include: (1) Uniform methods of rapidly identifying an adult person who has...
• 321-24 to 26 Repealed.
  L 1990, c 288, §6.
• 321-26.5 Environmentally-Sensitive Cleaning and Maintenance Products for Use in Public Schools; Approved List of Products.
  (a) The department of health shall maintain a list of products that have been approved by the Green Seal program for public school facilities...
• 321-27 Sanitation and Environmental Health Special Fund.
  (a) There is established within the department of health the sanitation and environmental health special fund into which shall be deposited all moneys collected...
• 321-27.5 Audit of Sanitation Branch.
  The department shall perform annual audits of the sanitation branch to be completed by November 30 of each year, and shall include an audit...
• 321-28 Traumatic Brain Injury Advisory Board.
  There is established within the department of health the traumatic brain injury advisory board. The advisory board, in consultation with the neurotrauma advisory board,...
• 321-29 Epidemiologic Investigations.
  (a) The department may conduct investigations to determine the nature and extent of diseases and injuries deemed by the department to threaten the public...
• 321-30 Human Placenta.
  Upon negative findings of infection or hazard after appropriate testing of the mother, the human placenta may be released by the hospital to the...
• 321-30.1 Medical Marijuana Registry and Regulation Special Fund; Established.
  (a) There is established within the state treasury the medical marijuana registry and regulation special fund. The fund shall be expended at the discretion of...
• 321-30.2 Civil Monetary Penalty Special Fund.
  (a) There is established the civil monetary penalty special fund, to be administered by the department of health. The fund shall consist of moneys collected...

PART II. PREVENTIVE MEDICINE

• 321-31 Functions of the Department.
  The powers, duties, and functions of the department of health relating to preventive medicine shall be as follows: (1) To supervise and coordinate activities...
• 321-32 Epidemiological Specialists.
  Notwithstanding any other law to the contrary, epidemiological specialists may perform blood collection by venipuncture or capillary puncture and other methods of specimen collection,...
• 321-33 Shaken Baby Syndrome.
  (a) Any hospital that provides medical care to a newborn may provide each parent of the newborn with written educational information approved by the...
• 321-34 Cytomegalovirus Public Education.
  (a) The department of health shall provide public education to inform pregnant women and women who may become pregnant regarding: (1) The transmission of the...

PART IIA. CHILD ABUSE AND NEGLECT PREVENTION

• 321-36 Definitions.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. [§321-36] Definitions. For the purposes of this part: "Child screening for...
• 321-37 Child Abuse and Neglect Secondary Prevention Programs.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. [§321-37] Child abuse and neglect secondary prevention programs. The department may...
• 321-38 Hawaii Children's Trust Fund Advisory Committee.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. §321-38 Hawaii children's trust fund advisory committee. There is established the...

PART III. CANCER CONTROL

• 321-41 Educational Program.
  The department of health may formulate and put into effect throughout the State an educational program for the purpose of preventing cancer and of...
• 321-42 Tumor Clinics.
  The department of health may assist in the operation of tumor clinics which are now established or may be established in the State. This...
• 321-43 Statistical Activities.
  The department of health shall engage in the collection and analysis of statistical information on the morbidity and mortality of cancer in the State....
• 321-44 Repealed.
  L 1996, c 211, §2.
• 321-45 Cancer Examination.
  Cancer examinations shall be part of a statewide comprehensive cancer control plan to be developed by the department. The plan shall include provisions for cancer...
• 321-46 Breast Density Mammography Results; Report and Notification.
  (a) Beginning January 1, 2014, every health care facility in which a mammography examination is performed shall provide a mammography report and notification to each...

PART IV. CHILDREN WITH SPECIAL HEALTH NEEDS

• 321-51 Department to Administer [Part].
  Part heading amended by L 1988, c 4, §1. §321-51 Department to administer [part]. The department of health is designated as the agency of...
• 321-52 Powers, Duties, and Activities of the Department.
  Part heading amended by L 1988, c 4, §1. §321-52 Powers, duties, and activities of the department. To carry out the purposes of this...
• 321-52.5 Repealed.
  Part heading amended by L 1988, c 4, §1. §321-52.5 REPEALED. L 1986, c 10, §2.
• 321-53 Funds.
  Part heading amended by L 1988, c 4, §1. §321-53 Funds. The director of finance shall be the custodian of all moneys appropriated for...
• 321-54 Application of Part.
  Part heading amended by L 1988, c 4, §1. §321-54 Application of part. The services provided by this part shall be for the benefit...

PART V. DENTAL HEALTH

• 321-61 Dental Health.
  The department of health shall constitute the sole agency of the State for the purposes of carrying out the activities and performing the functions...
• 321-62 General Duties of Department.
  The department of health shall study and appraise the State's dental health needs and resources, and shall foster the development and expansion of dental...
• 321-63 Director's Specific Duties and Powers.
  To carry out the purposes of this part the director of health shall: (1) Take such action as may be necessary, and authorized by...

PART VI. INDUSTRIAL HYGIENE

• 321-71 Industrial Hygiene.
  The department of health shall make rules and regulations relating to or affecting industrial hygiene, and detect, prevent, and control: (1) conditions and exposures...
• 321-72 Sources of Ionizing Radiation; Federal-State Agreements.
  The governor, on behalf of the State, may enter into agreements with the federal government providing for discontinuance of certain of the federal government's...

PART VII. NUTRITION

• 321-81 Nutrition.
  The department of health shall be empowered to: (1) Conduct staff education in nutrition for the personnel of the department; (2) Cooperate in training...
• 321-82 Field Nutritionist, Rural Oahu.
  The director of health may appoint a field nutritionist for rural Oahu and establish, or arrange for the establishing of, a suitable office therefor....

PART VIII. HOME HEALTH SERVICES

• 321-91 Program of Home Health Services.
  The department of health is authorized to establish and administer a program to provide home health services, pursuant to the provisions of Title XVIII...
• 321-92 Fees for Services.
  The department of health is authorized to establish, charge, and collect reasonable fees for services rendered under the program set forth in section 321-91....
• 321-93 Home Health Services; Source of Funds; Disposition of Receipts.
  (a) All moneys to provide ancillary paramedical services, professional nursing care, physiotherapy, occupational therapy, speech and hearing therapy, medical social services, and home health...

PART IX. SYSTEMATIC HEARING AND VISION PROGRAM

• 321-101 Systematic Hearing and Vision Program.
  Part heading amended by L 1981, c 193, §2; L 1993, c 6, §12. §321-101 Systematic hearing and vision program. (a) There is established...

PART IXA. PREVENTION OF BLINDNESS

• 321-106 Prevention of Blindness At Childbirth.
  The department of health may require the administration of prophylaxis for the prevention of blindness in the newborn at childbirth. [L 1982, c 17,

PART X. SEXUALLY TRANSMITTED DISEASES

• 321-111 Sexually Transmitted Disease Prevention Program.
  Part heading amended by L 1991, c 32, pt of §1. §321-111 Sexually transmitted disease prevention program. (a) The departments of health and education...
• 321-112 to 114 Repealed.
  Part heading amended by L 1991, c 32, pt of §1. §§321-112 to 114 REPEALED. L 1981, c 241, §2.
• 321-115 Prophylactics.
  Part heading amended by L 1991, c 32, pt of §1. §321-115 Prophylactics. (a) As used in this section "prophylactic" means any device or...

PART XI. CHRONIC RENAL DISEASE--REPEALED

• 321-121 to 123 Repealed.
  L 1998, c 45, §1.

PART XII. SAFETY GLAZING OF GLASS--REPEALED

• 321-131 to 137 Repealed.
  L 1988, c 3, §2.

PART XIII. EMERGENCY SERVICES--REPEALED

• 321-151 Repealed.
  L 1978, c 148, §1. Cross References For present provisions, see part XVIII of this chapter.

PART XIV. BLOOD ALCOHOL

• 321-161 Chemical Testing for Alcohol Concentration or Drug Content.
  (a) The department of health shall establish and administer a statewide program relating to chemical testing of alcohol concentrations or drug content for the...

PART XV. MENTAL HEALTH SERVICES FOR CHILDREN AND YOUTH

• 321-171 Children's Mental Health Services; Department Responsibility.
  It shall be the responsibility of the department of health to: (1) Provide preventative health services for children and youth; (2) Provide diagnostic and...
• 321-171.5 Employees of the Department of Health, Its Providers and Subcontractors; Background Checks.
  (a) The department of health shall develop procedures for obtaining verifiable background check information regarding persons who are seeking employment, or seeking to serve...
• 321-172 Children's Mental Health Services Branch.
  There is established within the department of health, mental health division, a children's mental health services branch which shall coordinate the effective and efficient...
• 321-173 Community Mental Health Services for Children and Youth.
  There is established within each community mental health center a children's mental health services team which, in conjunction with other public and private agencies,...
• 321-174 Coordination of Services With Department of Education.
  The children's mental health services team shall cooperate with the schools located in their particular geographic region in identifying and referring for treatment such...
• 321-175 Statewide Children's Mental Health Services Plan.
  (a) Commencing on September 1, 1980, and every four years thereafter, the children's mental health services branch, on or before September 1 of each...
• 321-176 Biennial Review of Progress.
  Every two years, starting January 1, 1979, the department of health, on or before January 1 of each two-year cycle, shall submit to the...
• 321-177 Rules.
  The director of health may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part. [L 1980, c 59,

PART XVI. SUBSTANCE ABUSE

• 321-191 Definitions.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-192 Substance Abuse Program.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-192.5 Substance Abuse Treatment Monitoring Program.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-193 Duties and Responsibilities of Department.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-193.5 Interagency Coordination.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-193.7 Clean and Sober Homes Registry.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-194 State Advisory Commission.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-195 Annual Report to the Legislature.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-196 Rules.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-197 Personnel.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....
• 321-198 State Funding of Substance Abuse Agencies.
  Mental health, alcohol, or drug abuse treatment reviews, see chapter 334B. Mental health and alcohol and drug abuse treatment insurance benefits, see chapter 431M....

PART XVII. SMOKING IN PUBLIC PLACES--REPEALED

• 321-201 to 206 Repealed.
  L 1987, c 234, §4. Cross References For present provisions, see chapter 328J.

Part XVIIA. TOBACCO PRODUCTS

• 321-211 Definitions
  Part effective January 1, 2016. [§321-211] Definitions. As used in this part: "Electronic smoking device" means any electronic product that can be used to...
• 321-212 Tobacco Products; Possession or Consumption Prohibited.
  Part effective January 1, 2016. [§321-212] Tobacco products; possession or consumption prohibited. Possession or consumption of a tobacco product by a person under twenty-one...
• 321-213 Exemptions.
  Part effective January 1, 2016. [§321-213] Exemptions. This part shall not apply to: (1) Any person under twenty-one years of age, with parental authorization,...
• 321-214 Enforcement; Rules.
  Part effective January 1, 2016. [§321-214] Enforcement; rules. Any person under twenty-one years of age who violates section 321-212 shall be fined $10 for...

PART XVIII. STATE COMPREHENSIVE EMERGENCY
MEDICAL SERVICES SYSTEM

• 321-221 Findings and Purpose.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-222 Definitions.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-223 State Comprehensive Emergency Medical Services System, Establishment.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-224 Department of Health, Functions, Duties.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-225 the State Emergency Medical Services Advisory Committee.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-225.5 Fall Prevention and Early Detection Coordinator.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-226 Emergency Medical Services and Systems, Standards.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-227 Regulation of Ambulances.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-228 Emergency Medical Services; Counties.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-228.5 Renumbered As §321-23.3.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-228.6 Renumbered As §321-23.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-229 Emergency Medical Services Personnel, Training Programs.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-229.5 Renumbered As §321-23.6.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-230 Technical Assistance, Data Collection, Evaluation.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-231 Grants.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-232 Revenues; Deposit Into State General Fund.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-233 Rules.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-234 Emergency Medical Services Special Fund.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...
• 321-235 Immunity and Limitation on Liability for Emergency Aeromedical Services.
  Enhanced 911 services for mobile phones, see chapter 138. Peer support counseling; sessions, see §78-52. Safe place for newborns, see chapter 587D. Trauma system...

PART XIX. SCHOOL HEALTH SERVICES PROGRAM--REPEALED

• 321-241 to 242 Repealed.
  For present provisions, see §§302A-851 to 855. §§321-241 to 242 REPEALED. L 2007, c 105, §5.
• 321-241.5 Repealed.
  For present provisions, see §§302A-851 to 855. §321-241.5 REPEALED. L 2007, c 105, §5.
• 321-242 Repealed.
  For present provisions, see §§302A-851 to 855. §321-242 REPEALED. L 2007, c 105, §5.
• 321-243 Repealed.
  For present provisions, see §§302A-851 to 855. §321-243 REPEALED. L 1996, c 211, §3.
• 321-244 Repealed.
  For present provisions, see §§302A-851 to 855. §321-244 REPEALED. L 1981, c 200, §3.
• 321-245, 246 Repealed.
  For present provisions, see §§302A-851 to 855. §§321-245, 246 REPEALED. L 2007, c 105, §5.
• 321-246 Repealed.
  For present provisions, see §§302A-851 to 855. §321-246 REPEALED. L 2007, c 105, §5.

PART XX. AGENT ORANGE--REPEALED

• 321-261 to 271 Repealed.
  L 1996, c 211, §4.

PART XXI. HEMOPHILIA

• 321-281 Financial Assistance Fund for Hemophilia.
  There is established within the department of health a financial assistance fund for persons suffering from hemophilia who require hemophilia-related medical care and treatment,...
• 321-282 General Duties of the Department.
  The department of health shall: (1) Provide financial assistance, within the limits of available funds in the financial assistance fund, for the medical care...

PART XXII. NEWBORN METABOLIC SCREENING

• 321-291 Tests for Phenylketonuria, Hypothyroidism, and Other Metabolic Diseases.
  (a) The department of health may specify diseases to be screened for in newborn infants and methods to be employed to best prevent mortality...

PART XXIIA. NEWBORN PULSE OXIMETRY SCREENING

• 321-296 Newborn Pulse Oximetry Screening.
  Part heading added by revisor pursuant to §23G-15. [§321-296] Newborn pulse oximetry screening. (a) Prior to discharge of any newborn in its care, a...

PART XXIII. HEALTH EDUCATION

• 321-301 Bilingual Health Education Aide Program; Establishment.
  There is established in the department of health a bilingual health education aide program. Under the program, bilingual health education aides shall assist in...

PART XXIV. ENVIRONMENTALLY-RELATED ILLNESS AND INJURY

• 321-311 Environmentally-Related Illness and Injury Surveillance.
  The department of health shall maintain, as it deems advisable and within available resources, an environmentally-related human illness and injury surveillance system for conditions...
• 321-311.5 Renumbered As §321-29.
• 321-312 Definition of Environmentally-Related Illness or Injury.
  Environmentally-related human illnesses or injuries are those designated acute or chronic adverse health effects associated with exposure to pesticides, lead, or other toxic substances...
• 321-313 Definition of Health Care Professional.
  A health care professional means a physician or osteopathic physician as licensed under chapter 453. [L 1987, c 186, pt of §2; am L...
• 321-314 Reports to the Department.
  Any health care professional who has the primary responsibility for the treatment of an individual who is suffering from environmentally-related illness or injury shall...
• 321-315 Confidentiality.
  Reports provided to the department under this section shall not be made public to protect the identity of the persons diagnosed to be suffering...
• 321-316 Immunity From Liability.
  Any health care professional or laboratory director who complies with this part shall not be held civilly or criminally liable for providing the information...
• 321-317 Rules.
  The director of health shall adopt rules necessary for the purposes of this part pursuant to chapter 91. The rules shall include the director's...

PART XXV. MATERNAL AND CHILD HEALTH PROGRAM

• 321-321 Purpose.
  The purpose of this part is to enable the department of health to assure the availability of programs and services which promote the health...
• 321-322 Administration of Programs.
  The department of health may administer programs to reduce infant and maternal mortality and morbidity, and otherwise promote the health of women of childbearing...
• 321-323 Definitions.
  For the purposes of this part: "Preventive health care services" means services which promote, enhance, or maintain optimal health and well-being. "Target population" means women...
• 321-324 Powers of the Department.
  The department of health may: (1) Make available to the target population quality health care services, with emphasis on preventive health services; (2) Develop,...
• 321-325 Agreements.
  In carrying out the purposes of this part the director of health may: (1) Enter into agreements with the United States and with other...
• 321-326 Rules.
  The director shall adopt rules necessary to carry out the purposes of this part, including the establishment of criteria to determine eligibility to participate...
• 321-327 Hawaii Home Visiting Program; Established.
  (a) There is established within the department of health the Hawaii home visiting program, which shall be responsible for statewide hospital-based screening and home...

PART XXVI. PRENATAL HEALTH CARE

• 321-331 Prenatal Health Care; Authority.
  (a) The department of health may adopt rules pursuant to chapter 91 to ensure that all pregnant women in this State are offered appropriate...

PART XXVII. CHILD DEATH REVIEW

• 321-341 Multidisciplinary and Multiagency Reviews.
  The department of health may conduct multidisciplinary and multiagency reviews of child deaths in order to reduce the incidence of preventable child deaths. [L...
• 321-342 Definitions.
  As used in this part: "Child" means a person under eighteen years of age. "Child death review information" means information regarding the child and...
• 321-343 Access to Information.
  (a) Upon written request of the director, all providers of medical care and state and county agencies shall disclose to the department, and those individuals...
• 321-344 Exception.
  Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency. [L...
• 321-345 Use of Child Death Review Information and Records.
  (a) Except as otherwise provided in this part, all child death review information acquired by the department during its review of child deaths pursuant...
• 321-346 Immunity From Liability.
  All agencies and individuals participating in the review of child deaths pursuant to this part shall not be held civilly or criminally liable for...

PART XXVIII. INFANTS AND TODDLERS

• 321-351 Definitions.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. [§321-351] Definitions. As used in this part, unless the context requires...
• 321-352 Early Intervention Services for Infants and Toddlers With Special Needs.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. §321-352 Early intervention services for infants and toddlers with special needs....
• 321-353 Hawaii Early Intervention Coordinating Council; Establishment.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. §321-353 Hawaii early intervention coordinating council; establishment. (a) There is established...
• 321-354 Rules.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. [§321-354] Rules. The director, in consultation with the council, private agencies,...
• 321-355 Early Intervention Special Fund.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. §321-355 Early intervention special fund. (a) There is established in the...
• 321-356 Early Intervention Trust Fund.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. §321-356 Early intervention trust fund. (a) There is established in the...
• 321-357 Early Intervention Funds; Purpose and Use.
  Safe place for newborns, see chapter 587D. Shaken baby syndrome (prevention), see §321-33. [§321-357] Early intervention funds; purpose and use. (a) The purpose of...

PART XXIX. STATEWIDE NEWBORN HEARING SCREENING PROGRAM

• 321-361 Definitions.
  In this part, "part" substituted for "chapter". [§321-361] Definitions. As used in this part, unless the context clearly indicates otherwise: "Department" means the department...
• 321-362 Duties
  In this part, "part" substituted for "chapter". §321-362 Duties. It shall be the duty and responsibility of the department to: (1) Establish, implement, and...
• 321-362.5 Screening for Hearing Impairment
  In this part, "part" substituted for "chapter". [§321-362.5] Screening for hearing impairment. (a) All newborn infants shall be screened for hearing impairment for early...
• 321-363 Rules
  In this part, "part" substituted for "chapter". §321-363 Rules. The department shall adopt rules, pursuant to chapter 91, necessary for the purposes of this...

PART XXX. TATTOO ARTISTS

• 321-371 Purpose.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-372 Definitions.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-373 Regulation of Tattoo Artists.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-373.5 Permit; Required for Tattoo Shop and Temporary Locations.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-374 License Required; Exemptions.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-375 Examination, Fees Required.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-376 Repealed.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-377 Suspension or Revocation of Permit or License.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-378 Repealed.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-379 Enforcement; Penalties.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-380 Repealed.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-381 Biennial Renewal; Failure to Renew.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-382 Fees.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...
• 321-383 Repealed.
  In this part, "part" substituted for "chapter". Cross References Sunset evaluations modified, see §§26H-4, 5. Law Journals and Reviews The Constitution and Inking: How...

PART XXXI. MIDWIVES--REPEALED

• 321-391 to 398 Repealed.
  L 1998, c 279, §3. Cross References Recognition of nurse midwives as advanced practice registered nurses, see §457-8.5.

PART XXXII. FOOD SAFETY CONSULTATIVE AND EDUCATION
PROGRAM

• 321-401 Findings and Purpose.
  The purpose of this part is to establish a non-enforcement program within the department of health to provide voluntary food safety surveillance and control,...
• 321-402 Food Safety Consultative and Education Program.
  (a) There is established the food safety consultative and education program within the department of health. The department may place this program within any...
• 321-403 Food Safety Control System.
  The department may conduct studies using the hazard analysis critical control points system after foodborne disease outbreak investigations are completed by the department or...
• 321-404 Public Information Monitoring System.
  Within the program, the department of health shall investigate foodhandling practices which appear to represent poor food safety techniques, and shall develop ways in...
• 321-405 Confidentiality of Information.
  For purposes of this part, the program shall maintain confidentiality of critical information received from food purveyors and foodhandlers or other persons in the...

PART XXXIII. INDOOR AIR QUALITY

• 321-411 Definitions.
  Noise, radiation, and indoor air quality special fund; established, see §342P-7. [§321-411] Definitions. As used in this part: "Department" means the department of health....
• 321-412 Indoor Air Quality Program.
  Noise, radiation, and indoor air quality special fund; established, see §342P-7. [§321-412] Indoor air quality program. There is established an indoor air quality program...
• 321-413 General Functions, Powers, and Duties of the Department.
  Noise, radiation, and indoor air quality special fund; established, see §342P-7. [§321-413] General functions, powers, and duties of the department. (a) The director shall...

PART XXXIV. BIRTH DEFECTS PROGRAM

• 321-421 Definitions.
  Throughout this part, "birth defects program" substituted for "Hawaii birth defects program". [§321-421] Definitions. As used in this part, unless the context requires otherwise:...
• 321-422 Birth Defects Program.
  Throughout this part, "birth defects program" substituted for "Hawaii birth defects program". [§321-422] Birth defects program. The department of health shall establish the statewide...
• 321-423 Confidentiality of Data.
  Throughout this part, "birth defects program" substituted for "Hawaii birth defects program". [§321-423] Confidentiality of data. (a) The identity of, or any information which...
• 321-424 Rules.
  Throughout this part, "birth defects program" substituted for "Hawaii birth defects program". [§321-424] Rules. The department may adopt rules pursuant to chapter 91 as...
• 321-425 Requests for Information.
  Throughout this part, "birth defects program" substituted for "Hawaii birth defects program". [§321-425] Requests for information. The department shall provide information about appropriate health...
• 321-426 Birth Defects Special Fund.
  Throughout this part, "birth defects program" substituted for "Hawaii birth defects program". [§321-426] Birth defects special fund. There is established within the state treasury...

PART XXXV. CASE MANAGEMENT SERVICES FOR
MEDICALLY FRAGILE CHILDREN

• 321-431 Definitions.
  Part heading amended by L 2015, c 147, §7. [§321-431] Definitions. As used in this part, unless the context clearly requires otherwise: "Case management...
• 321-432 Case Management Services for Medically Fragile Children.
  Part heading amended by L 2015, c 147, §7. §321-432 Case management services for medically fragile children. The department of health shall provide ongoing...

PART XXXVI. EMERGENCY RESPONSE STOCKPILE

• 321-441 Definitions.
  Whenever used in this part, unless a different meaning clearly appears from the context: "CBRNE event" means the use of chemicals, biological agents, radioactive...
• 321-442 [Exemption From Certain Laws and Rules.]
  (a) In addition to any other power or duty prescribed by law or in this part, the director, through the department, may maintain an...

Part XXXVII. domestic violence fatality review

• 321-471 Definitions
  . As used in this part: "Dating relationship" as used in this section has the same meaning prescribed in section 586-1. "Department" means the department...
• 321-472 Multidisciplinary and Multiagency Reviews
  . The department shall conduct multidisciplinary and multiagency reviews of domestic violence fatalities, near-deaths, and suicides to reduce the incidence of preventable intimate partner homicides....
• 321-473 Access to Information
  . (a) Upon request of the director or a domestic violence fatality review team, all medical examiners, physicians acting under the direction of a coroner,...
• 321-474 Exception
  . Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state or county law enforcement agency. [L...
• 321-475 Use of Domestic Violence Fatality Review Information and Records
  . (a) Except as otherwise provided in this part, all information and records acquired by the department during its review of domestic violence fatalities pursuant...
• 321-476 Immunity From Liability
  . A domestic violence fatality review team, its members, and any entity, agency, or individual participating in, or cooperating in, the review of a domestic...

PART XXXVIII. HOME AND COMMUNITY-BASED CASE MANAGEMENT
AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES

• 321-481 Definitions.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. [§321-481] Definitions. As used in this part: "Certificate of approval" means the certificate issued by...
• 321-482 Home and Community-Based Case Management Agency, Authority Over and Evaluation of
  Inspections of state-licensed care facilities; public notice, see §321-1.8. §321-482 Home and community-based case management agency, authority over and evaluation of. (a) Any person,...
• 321-483 Community Care Foster Family Home, Authority Over and Evaluation Of.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. §321-483 Community care foster family home, authority over and evaluation of. (a) Any person in...
• 321-484 Repealed.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. §321-484 REPEALED. L 2015, c 190, §8.
• 321-485 Penalty
  Inspections of state-licensed care facilities; public notice, see §321-1.8. [§321-485] Penalty. Any person violating this part or any rule adopted pursuant to this part...

PART XXXIX. SERVICES TO ADULTS

• 321-491 Purpose.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. [§321-491] Purpose. The purpose of this part is to establish the nature and type of...
• 321-492 Definitions.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. [§321-492] Definitions. As used in this part: "Day care center" includes a place designated for...
• 321-493 Day Care Centers for Disabled and Aged Persons.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. [§321-493] Day care centers for disabled and aged persons. The department shall be responsible for...
• 321-494 Purchase of Service.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. [§321-494] Purchase of service. The department may negotiate the purchase of day care services for...
• 321-495 Penalty.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. [§321-495] Penalty. Any individual, organization, or agency operating a day care center for disabled or...
• 321-496 Repealed.
  Inspections of state-licensed care facilities; public notice, see §321-1.8. §321-496 REPEALED. L 2015, c 190, §9.

PART XL. MORTALITY REVIEW OF DEATHS OF PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES

• 321-501 Multidisciplinary and Multiagency Mortality Reviews.
  The department may conduct multidisciplinary and multiagency mortality reviews of deaths of persons with developmental or intellectual disabilities in order to reduce the incidence...
• 321-502 Definitions.
  As used in this part: "Adult" means a person eighteen years of age or older. "Adult death review information" means information regarding the adult...
• 321-503 Access to Information.
  (a) Upon written request of the director, all providers of medical care or other related services and state and county agencies shall disclose to...
• 321-504 Exception.
  Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency....
• 321-505 Use of Information and Records From Mortality Reviews of Deaths of Persons With Developmental or Intellectual Disabilities.
  (a) Except as otherwise provided in this part, all information and records acquired by the department during its multidisciplinary and multiagency mortality reviews of...
• 321-506 Immunity From Liability.
  All agencies and individuals participating in multidisciplinary and multiagency mortality reviews of deaths of persons with developmental or intellectual disabilities pursuant to this part...

PART XLI. COMPASSIONATE CARE FOR SEXUAL ASSAULT VICTIMS

• 321-511 Definitions.
  As used in this part, unless the context otherwise requires: "Compulsion" means absence of consent, or a threat, express or implied, that places a...
• 321-512 Compassionate Care.
  (a) Any hospital at which a female sexual assault victim presents for emergency services shall: (1) Provide any female sexual assault victim with medically...
• 321-513 Enforcement; Administrative Penalties.
  (a) The department may set, charge, and collect administrative fines and recover administrative fees and costs, including attorney's fees and costs, resulting from a...
• 321-514 Rules.
  The department may adopt rules under chapter 91 for the purposes of this part. [L 2013, c 27, pt of §2]

Part XLII. stroke care

• 321-531 Definitions.
  As used in this part, unless the context requires otherwise: "Department" means the department of health. "Stroke coalition" means a multi-organizational process of public,...
• 321-532 Stroke System of Care; Department Duties.
  (a) The department shall participate in a systematic process to evaluate, improve, and sustain stroke care throughout the State to reduce death and disability from...
• 321-533 Stroke Database.
  (a) All acute care hospitals that receive stroke patients from emergency medical services shall report data consistent with requirements of the stroke database on...
• 321-534 Confidential Information.
  The department and stroke coalition shall not disclose any confidential information or other data in violation of the federal and state privacy regulations. [L...

Last modified: October 27, 2016